Motion to Re-open case from 2009 at consular post

[2024 I551 8]

We filed for DCF (spouse of US citizen) in 2009 at Abu Dhabi Embassy. In those days DCF was more broadly permitted and the A-Z timeframe could be a month or less if all went well. In our case it didn't.

The visa officer told us that she had determined that the marriage was bonafide (means I-130 was approved?) However, she issued a 221g requesting further evidence of US domicile of petitioner.

Thereafter, we failed to pursue the application and I understand that it was eventually terminated by the Embassy due to inaction.

 

I guess I need a lawyerly answer as to whether there is any legal basis or procedure to reopen that case, instead of filing a new petition with USCIS. I realize the answer is probably negative but wish to exhaust this option in case there is any basis out there. 

[Crazy Cat 41,984]

You cannot submit an I-290B to appeal a decision by a CO at a foreign consulate. I think you have to start again.

Form I-290B, Notice of Appeal or Motion (uscis.gov)

 

Who May Not File Form I-290B?

1. If you are the beneficiary of a petition or an attorney or accredited representative of the beneficiary, you MAY NOT file an appeal or motion unless otherwise instructed by USCIS and as specifically permitted by law. Only an applicant or petitioner may file an appeal or motion. Similarly, an attorney or accredited representative MAY NOT file an appeal or motion on the behalf of a beneficiary.

 

2. Do not use this form to file an appeal with the Board of Immigration Appeals (BIA). The BIA has jurisdiction over appeals of Form I-130, Petition for Alien Relative, and Form I-360, Self-Petition for a Widow(er) of a U.S. Citizen. You may file an appeal with the BIA using Form EOIR-29, which is available at the USCIS website at www.uscis.gov/eoir-29 and at the Department of Justice website at www.justice.gov/eoir/list-downloadable-eoirforms.

 

3. Do not use this form to appeal the denial of a U.S. visa application by an overseas Department of State consular officer (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about U.S. visa application denials, visit the Department of State website at http://travel.state.gov/content/visas/en/ general/denials.html.

 

4. Do not use this form for appeals of Special Agricultural Worker or Legalization applications. You must file these appeals on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act. Form I-694 is available at www.uscis.gov/i-694

[Crazy Cat 41,984]

***Moved to the DCF discussion forum****

[Boiler 45,733]

You could try for an expedite.

[Dashinka 24,635]

Are you still in the same situation relative to being together in a foreign country and the USC needing/wanting to repatriate to the US?

[2024 I551 8]

8 hours ago, Dashinka said:

Are you still in the same situation relative to being together in a foreign country and the USC needing/wanting to repatriate to the US?

Yes, pretty much.

[2024 I551 8]

8 hours ago, Boiler said:

You could try for an expedite.

Point noted. Means the money spent on previous application is lost entirely and a much higher amount needs to be paid this time.

[2024 I551 8]

8 hours ago, Dashinka said:

Are you still in the same situation relative to being together in a foreign country and the USC needing/wanting to repatriate to the US?

 

8 hours ago, Boiler said:

You could try for an expedite.

 

10 hours ago, Crazy Cat said:

You cannot submit an I-290B to appeal a decision by a CO at a foreign consulate. I think you have to start again.

Form I-290B, Notice of Appeal or Motion (uscis.gov)

 

Who May Not File Form I-290B?

1. If you are the beneficiary of a petition or an attorney or accredited representative of the beneficiary, you MAY NOT file an appeal or motion unless otherwise instructed by USCIS and as specifically permitted by law. Only an applicant or petitioner may file an appeal or motion. Similarly, an attorney or accredited representative MAY NOT file an appeal or motion on the behalf of a beneficiary.

 

2. Do not use this form to file an appeal with the Board of Immigration Appeals (BIA). The BIA has jurisdiction over appeals of Form I-130, Petition for Alien Relative, and Form I-360, Self-Petition for a Widow(er) of a U.S. Citizen. You may file an appeal with the BIA using Form EOIR-29, which is available at the USCIS website at www.uscis.gov/eoir-29 and at the Department of Justice website at www.justice.gov/eoir/list-downloadable-eoirforms.

 

3. Do not use this form to appeal the denial of a U.S. visa application by an overseas Department of State consular officer (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about U.S. visa application denials, visit the Department of State website at http://travel.state.gov/content/visas/en/ general/denials.html.

 

4. Do not use this form for appeals of Special Agricultural Worker or Legalization applications. You must file these appeals on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act. Form I-694 is available at www.uscis.gov/i-694

 

10 hours ago, Crazy Cat said:

You cannot submit an I-290B to appeal a decision by a CO at a foreign consulate. I think you have to start again.

 

Start again seems to be the order.

 

[Dashinka 24,635]

1 hour ago, 2024 I551 said:

Yes, pretty much.

If you have to repatriate due to a work commitment, there is still a possibility you can attempt DCF.

[Boiler 45,733]

I am going to assume you have done nothing to keep the I 130 alive?

[Family 4,065]

16 hours ago, 2024 I551 said:

issued a 221g requesting further evidence of US domicile of petitioner.

You chose not to respond to consulate because you chose not to move back to the US since 2009. 
Know you will face exact same domicile issues . So prepare to meet criteria for Establish or Intenr to Re -Establish .

[SalishSea 17,970]

4 hours ago, 2024 I551 said:

Point noted. Means the money spent on previous application is lost entirely and a much higher amount needs to be paid this time.

Well, yeah.   Fees and rules are different than they were 14 years ago.

 

 

[2024 I551 8]

7 hours ago, Boiler said:

I am going to assume you have done nothing to keep the I 130 alive?

Not sure how I could have kept it alive. I did write to the Embassy inquiring about the application two years later and was informed that application had been terminated after two annual notices (dates provided) were sent out (neither was in fact received by me). Also, they pointed that I could file a new petition with USCIS.

[TBoneTX 45,598]

3 minutes ago, 2024 I551 said:

two annual notices (dates provided) were sent out

That was generous of them.

4 minutes ago, 2024 I551 said:

I could file a new petition with USCIS.

This is what to do.

[SalishSea 17,970]

15 hours ago, 2024 I551 said:

Not sure how I could have kept it alive. I did write to the Embassy inquiring about the application two years later and was informed that application had been terminated after two annual notices (dates provided) were sent out (neither was in fact received by me). Also, they pointed that I could file a new petition with USCIS.

Then you've already received your answer to this question.  Not sure what more you're looking for here.