Colombian Mother Denied

[SusieQQQ 11,587]

4 minutes ago, arken said:

I know that i am saying if an immigration judge at BIA can make a decision based on what he/she interprets of the situation.

I said it may happen in an extreme rare case.

 

Remember a post by someone who went through appeal and one or two i130s were approved by BIA after DNA evidence was submitted with the appeal. In that case too, uscis was right to deny but still the BIA overruled.

But one was also denied. And also they had submitted evidence initially..it was just initially deemed not enough by uscis. So who knows what the actual reason for success was, maybe judge thought the original evidence was actually ok. And it all took what two years? More? Where is the gain for OP?

Edited July 7, 2021 by SusieQQQ

[arken 4,197]

Just now, SusieQQQ said:

But one was also denied. And it all took what two years? More? Where is the gain for OP?

OP in this case is still thinking of waiting thinking BIA is some civilian board that may approve this case. I am simply pointing out that a favorable outcome may be possible only in an extreme chances, equivalent to hitting megamillion. Of course i am not suggesting him to wait but go with another petition asap.

[Rocio0010 5,616]

7 minutes ago, Marieke H said:

From the denial letter: "The I-130 you submitted did not include any initial evidence or supporting documentation."

 

Why you think appealing this denial will lead to anything is beyond me. You submitted the form without any further documentation, so you were rightfully denied.

That's what at least 5,6, or 7 people including you have been trying to tell OP. I wonder why is it so hard to acknowledge their mistake and start all over? After all, the appeal will be denied... I guess some people are helplessly optimistic?

[Marieke H 2,523]

1 minute ago, ra0010 said:

That's what at least 5,6, or 7 people including you have been trying to tell OP. I wonder why is it so hard to acknowledge their mistake and start all over? After all, the appeal will be denied... I guess some people are helplessly optimistic?

Yeah, it feels like talking to a wall... 

[Crazy Cat 42,139]

The purpose of an I-130 is to establish a relationship between the petitioner and beneficiary.  I just don't see any change of an appeal approval when a petitioner failed to include evidence which would establish the grounds for the relationship. 

[JeanneAdil 6,610]

2 hours ago, firecrew1 said:

Maybe not with immigration but an appeal is a second chance. Often it's heard by a civilian reviews board who tend to be liberal. I'm sure the i-130 is going to ask if we applied before and were denied. I was trying to avoid that. My last correspondence was June 15th I'm going to wait a couple weeks and then apply for the i-130 again. And to answer one of the questions no I wasn't a part of applying for the first i-130

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. ...Jun 22, 2021

[PeachesMagee 62]

While reading this whole thread, I came to the conclusion that this OP, like so many before him, just hope beyond hope, that they didn't waste time and money and don't want to start over.

No matter how many (learned) VJ members tell him to start over, because it's not a wrongful denial by USCIS, he seems to be waiting for those magical words "just wait....I'm sure it'll work out in your favor".

I can't blame him for wanting to hear those words.....if I were in his place, I'd want to hear them too, instead of starting all over again.

 

firecrew1.....the people in this forum only have the best intentions, and are giving you great advice. Start your new application now. Gather all your evidence, scan it to an electronic file, and submit it online. Put your originals all together, in a clearly marked file......DON'T LOSE THEM. Go over your paperwork carefully. Submit all the evidence you are asked for, and the likelihood it'll be denied should be greatly lessened.

Good luck to you!

[Adventine 3,207]

36 minutes ago, PeachesMagee said:

While reading this whole thread, I came to the conclusion that this OP, like so many before him, just hope beyond hope, that they didn't waste time and money and don't want to start over.

No matter how many (learned) VJ members tell him to start over, because it's not a wrongful denial by USCIS, he seems to be waiting for those magical words "just wait....I'm sure it'll work out in your favor".

I can't blame him for wanting to hear those words.....if I were in his place, I'd want to hear them too, instead of starting all over again.

 

firecrew1.....the people in this forum only have the best intentions, and are giving you great advice. Start your new application now. Gather all your evidence, scan it to an electronic file, and submit it online. Put your originals all together, in a clearly marked file......DON'T LOSE THEM. Go over your paperwork carefully. Submit all the evidence you are asked for, and the likelihood it'll be denied should be greatly lessened.

Good luck to you!

 

I agree with your opinion. It's the "sunk cost fallacy" in action.

 

@firecrew1 I hope you can reconsider your course of action and take the advice of the experienced members here. It is no use investing more time and energy into an appeal process for a petition that was correctly denied for being incomplete.

Edited July 7, 2021 by Adventine

[SalishSea 18,102]

5 hours ago, Adventine said:

 

I agree with your opinion. It's the "sunk cost fallacy" in action.

 

@firecrew1 I hope you can reconsider your course of action and take the advice of the experienced members here. It is no use investing more time and energy into an appeal process for a petition that was correctly denied for being incomplete.

Excellent point.  The 'sunk cost fallacy' is why we see so many doomed K-1 marriages as well.

[firecrew1 2]

In this case I received bad information from Visa Journey members. My wife talked with a Lawyer after me telling her not to bother based on the information I received here. The lawyer said contact the ombudsman. Today her I-130 was approved based on my appeal. 

[Rocio0010 5,616]

12 minutes ago, firecrew1 said:

In this case I received bad information from Visa Journey members. My wife talked with a Lawyer after me telling her not to bother based on the information I received here. The lawyer said contact the ombudsman. Today her I-130 was approved based on my appeal. 

Are you sure the denial was based on missing information?

There is nothing the ombudsman could have done to gain approval. So either you’re not telling the complete story, or you got lucky.

[firecrew1 2]

I'm telling the complete story. When you file an appeal you send in the missing information. I couldn't say for sure that the ombudsman made the difference or her file just reached the top of the pile. Based on what I know it looks like the ombudsman made the difference.  

[Rocio0010 5,616]

52 minutes ago, firecrew1 said:

I'm telling the complete story. When you file an appeal you send in the missing information. I couldn't say for sure that the ombudsman made the difference or her file just reached the top of the pile. Based on what I know it looks like the ombudsman made the difference.  

Congrats, but it’s not fair because appeals are supposed to be successful if the denial happened because of a mistake done by USCIS. In all other cases, people get a RFE and they really have to work to get things straight and give USCIS what they want. In an appeal you don’t send the missing information; that is your reply to the RFE. In an appeal you prove USCIS why they made the wrong call. And the ombudsman shouldn’t have made the difference. I want to believe so; if not, everyone would be bypassing denials and getting what they want.

[firecrew1 2]

Affidavit of support question. Mother in laws brother signed for 5 relatives and three of the 5 have become US Citizens. This was a family of three and a couple. Question is does he have to list those 3 US Citizens on a new I 864 form?  

[Just Paul 4,595]

4 hours ago, firecrew1 said:

Question is does he have to list those 3 US Citizens on a new I 864 form?

No, once they became citizens he was no longer on the hook.