problim

[mike_2007 0]

I FILED I-130 AND I-129F BACK IN JAN,,,MY I-130 JUST GOT DENIED 10 DAYS AGO BCOZ WE DIDNT SEND ENOUGH EVEDINCE,IS THION THE S WILL EFFECT THE PROCESS ON THE I-129F OR NO?PLZ HELP ME

[C and J 1]

I FILED I-130 AND I-129F BACK IN JAN,,,MY I-130 JUST GOT DENIED 10 DAYS AGO BCOZ WE DIDNT SEND ENOUGH EVEDINCE,IS THION THE S WILL EFFECT THE PROCESS ON THE I-129F OR NO?PLZ HELP ME

The I129F is based on the I130 being filed so yes, I believe this will affect your I129F. However, if you were denied because of lack of evidence, did they say what you were missing? Did they give you a chance to provide further information? Did you fail to do so?

[mike_2007 0]

bcoz i didnt send the evedince for the i-130 on one time,,thats why tey denied it

[C and J 1]

bcoz i didnt send the evedince for the i-130 on one time,,thats why tey denied it

That's unfortunate, if USCIS gave you the opportunity to send more evidence and you failed to do so then a denial is expected. I feel sorry that you are in this situation but you must have realised that information required on RFEs are compulsory and must be provided for the petition to continue.

As I stated, I believe that if there is not a valid I130 being process/approved, then the I129F is invalid. It cannot continue without the I130 also in place. You may wish to phone USCIS to confirm but I somehow think you will have to start from scratch with both your petitions again

[mike_2007 0]

well ther giving me a chance to appeal it,,but i dont have the money to pay the 585 dollars,,and i only have 4 days to do so,,what if i filed all over again,,r they going to denied it again bcoz i got denied the first time or no?

[MargotDarko 0]

Have you spoken to an immigration lawyer yet? You really need to do that very soon. You can get a cheap or even free consultation usually.

[C and J 1]

well ther giving me a chance to appeal it,,but i dont have the money to pay the 585 dollars,,and i only have 4 days to do so,,what if i filed all over again,,r they going to denied it again bcoz i got denied the first time or no?

As MargotDarko said, consult a lawyer to find out what options are available to you. However, if you really are unable to afford to appeal, they should be able to advise on whether a new petition would also be denied.

I would hope, because the original denial was given due to missing evidence, that providing the evidence with the new petition would remove the reason for denial. If you can't provide the missing evidence for the new petition, then the same outcome is likely to occur.

I have searched through the site and haven't managed to find any posts on here where people haven't chosen to appeal against the decision and I also can't find anyone who has tried submitting another CR1/K3 for the same spouse.

Edited October 10, 2007 by C and J

[Urge To Race 2]

Yes, once the underlying I130 is no longer pending, they will not continue to adjudicate the I129F.

I FILED I-130 AND I-129F BACK IN JAN,,,MY I-130 JUST GOT DENIED 10 DAYS AGO BCOZ WE DIDNT SEND ENOUGH EVEDINCE,IS THION THE S WILL EFFECT THE PROCESS ON THE I-129F OR NO?PLZ HELP ME

The I129F is based on the I130 being filed so yes, I believe this will affect your I129F. However, if you were denied because of lack of evidence, did they say what you were missing? Did they give you a chance to provide further information? Did you fail to do so?

[pushbrk 13,073]

well ther giving me a chance to appeal it,,but i dont have the money to pay the 585 dollars,,and i only have 4 days to do so,,what if i filed all over again,,r they going to denied it again bcoz i got denied the first time or no?

As MargotDarko said, consult a lawyer to find out what options are available to you. However, if you really are unable to afford to appeal, they should be able to advise on whether a new petition would also be denied.

I would hope, because the original denial was given due to missing evidence, that providing the evidence with the new petition would remove the reason for denial. If you can't provide the missing evidence for the new petition, then the same outcome is likely to occur.

I have searched through the site and haven't managed to find any posts on here where people haven't chosen to appeal against the decision and I also can't find anyone who has tried submitting another CR1/K3 for the same spouse.

Albert Einstein says something to the effect that the definition of insanity is to continue the same activity while expecting a different result.

Mike,

You've already discussed your situation in this thread...

http://www.visajourney.com/forums/index.ph...=90932&st=0 ... where you've been advised that the next best step is to consult with an attorney. Personally, I believe that either you or your spouse has a pretty good idea, just why USCIS doesn't believe your relationship is bona fide. As such, you're going to need an attorney to guide you, one with whom you can share all your paperwork and personal histories.

[mojorisin 5]

What evidence did you provided that was determined to be insufficient?

[pushbrk 13,073]

What evidence did you provided that was determined to be insufficient?

Check the thread I linked to. This case is unique. It would appear the shortage of "evidence" has little if anything to do with documents.

[archie07 0]

It appears from your other thread the uscis wants 110 for the appeal. Why don't you send it to them and hire a lawyer immediately. It surely sounds like you need some legal assistance.

[mike_2007 0]

i did today,,i sent the (eoir-29)and hopfully we will get an answer,,we sent it to the local office and they will send it to the BIA,,and hopfully thehy will give us an answer soon,,,in case of denied,,what would happen if i lose the appeal?it will be over ha?

[Cloudy9 11]

It appears from your other thread the uscis wants 110 for the appeal. Why don't you send it to them and hire a lawyer immediately. It surely sounds like you need some legal assistance.

The appeals used to cost $110 but after July 30 went up to $585

[mojorisin 5]

After reading both threads I notice two things: Mike, you ignore questions put to you and your english and grammar is horrible.

We are not hearing the whole story.