How long does it take to get a response after filing for I-129B motion of appeal

[Davie92 46]

My wife filled for a motion of appeal on my i-130 since july after our lawyer made a mess of the NOIR response. I would like to know how long it takes to get a response from USCIS. Thank you.

[JeanneAdil 6,610]

you mean I 290B form to appeal

anything I 129  is for nonimmigrant visa like fiancee or work

 

my appeal took just over  a year ( i would have to look at my files to know  exact dates)

as for the NOIR response ,  the USC is responsible for the contents of the response

so,  unless you show the lawyer did not include the supporting evidence  and u had supplied it (thru emails and letters to attorney),  i would suspect an appeal to be denied

The recourse you have (either way denied or approved) is to refile and spend a lot of quality time togerther

 

BTW  i say that as i won my appeal 

my notice said 

"evidence presented was accepted and valid"

"marriage is decided bona fida"

"USC can reapply"

[Davie92 46]

21 minutes ago, JeanneAdil said:

you mean I 290B form to appeal

anything I 129  is for nonimmigrant visa like fiancee or work

 

my appeal took just over  a year ( i would have to look at my files to know  exact dates)

as for the NOIR response ,  the USC is responsible for the contents of the response

so,  unless you show the lawyer did not include the supporting evidence  and u had supplied it (thru emails and letters to attorney),  i would suspect an appeal to be denied

The recourse you have (either way denied or approved) is to refile and spend a lot of quality time togerther

 

BTW  i say that as i won my appeal 

my notice said 

"evidence presented was accepted and valid"

"marriage is decided bona fida"

"USC can reapply"

Yes I 290B

[JeanneAdil 6,610]

5 minutes ago, Davie92 said:

Yes I 290B

Telling u mine took just over a year was pre covid 

all the US courts are still back logged as they were actually not working at all for almost a year 

i was selected for jury duty and jury approved and we have been on hold since April of 2020 for the case to happen

so don't expect BIA (Board of Immigration Appeals)  to be any faster or to hear within a year's time

[Davie92 46]

3 minutes ago, JeanneAdil said:

Telling u mine took just over a year was pre covid 

all the US courts are still back logged as they were actually not working at all for almost a year 

i was selected for jury duty and jury approved and we have been on hold since April of 2020 for the case to happen

so don't expect BIA (Board of Immigration Appeals)  to be any faster or to hear within a year's time

oh my God!! The lawyer we hired actually put us in this mess. Thank you for this information.

[JeanneAdil 6,610]

17 minutes ago, Davie92 said:

oh my God!! The lawyer we hired actually put us in this mess. Thank you for this information.

I hate to say this but the USC is suppose to provide the evidence documents for a NOIR and then review, correct any errors and sign any petition/ application that goes to immigration

Making the USC responsible for any mess

and that is why i said in my first response to u "i would expect a denial of the appeal"

That is the way USCIS looks at petitions /  they say USC is responsible 

and lawyer's offices make mistakes

I once asked a lawyer to do my will and when i proof read the draft, i found so many mistakes (even typing errors) that i wrote my own will

 

I don't know what the NOIR said but if the USC has evidence and i mean REAL documents that support overturning the NOIR  ,  the USC should gather all this and reapply for your IR1 

and submit copy of the original NOIR and copies of the evidence proof with the new I 130 petition

when i say REAL EVIDENCE ti has to be actual proof to overturn the issues the CO raised

Example if they say " immigrant may try to change the religious beliefs of the USC"   and USC can show this was discussed in chats and not the case,  then submit computer dated section of the text or email to prove it

 

Since REAL EVIDENCE is the only thing BIA will look at ,  USC has to send that in to overturn the NOIR and can not hold lawyer responsible 

Sorry but the USC is 

[millefleur 5,047]

6 hours ago, Davie92 said:

oh my God!! The lawyer we hired actually put us in this mess. Thank you for this information.

If you use a lawyer, it is imperative to double check all their work. Lawyers are busy people and they make mistakes. Sometimes that mistake ends up costing you. You can try to haggle down the price of services if the lawyer's errors cause you problems.

[SteveInBostonI130 3,482]

8 hours ago, Davie92 said:

oh my God!! The lawyer we hired actually put us in this mess. Thank you for this information.

Typically appeals are successful only if you can demonstrate that USCIS made a mistake.  If the issue is that the USC petitioner or his/her lawyer made the mistake, then in USCIS will deny the appeal.

 

If the evidence that was submitted for the NOIR was sufficient, then the appeal could work.  But, as you stated, if your lawyer "made a mess" and the evidence is insufficient, then there is no reason for USCIS to reconsider.