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I-130 Denied! USCIS mistake?

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Filed: IR-1/CR-1 Visa Country: Spain
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I hope you talked with an ISO..

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

Thank you very much for your information, and yes, we´re pretty sure that it was an ISO.

We´ll be preparing this e-mail with all the files that we sent. We do believe it should be some administrative mistake, since we added the I-129F form with all the documentation and all the RFE stuff(yeah, including the blue paper),they might have overlooked it.

Also, the NCSC person that we spoke with discarded that the reason in the denial letter meant that the passport photo or the G-325A weren´t valid, they do expalin with precision the reason why, and this one is not the case.

Thank you people!

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Well, we talked again with the USCIS service center, and got to talk to a superior person in there, who suggested us to write a letter to the California(our assigned center). He said to be "very compelling" exposing the situation.

Also, he said that our two other options would be try to reopen a case if everything failed or start from scratch refilling the I-130. Nobody in all of this calls suggested appealing.

Thank you for the comments, I´ll keep you posted and if anybody went through the same situation, it would be great to here their experience.

You mentioned "Agency" several times; who filled for you?? Evidently "they" didn't do something, or many things correctly. Follow the link Darnell sent you, and speak to the tier 2 supervisor first of all! If the first person told you to write them, that sounds like a tier one person...I don't believe USCIS makes suggesttions to you?? They tell you what you need to do. Call back. If you don't understand this process, I do recommend hiring an attorney then to do it for you. You must follow the exact instructions you are given. When speaking to the tier two, they WILL give you a confirmation Number of your call to them/what action they did for you. Good luck. Do it correctly!

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Filed: IR-1/CR-1 Visa Country: Spain
Timeline

You mentioned "Agency" several times; who filled for you?? Evidently "they" didn't do something, or many things correctly. Follow the link Darnell sent you, and speak to the tier 2 supervisor first of all! If the first person told you to write them, that sounds like a tier one person...I don't believe USCIS makes suggesttions to you?? They tell you what you need to do. Call back. If you don't understand this process, I do recommend hiring an attorney then to do it for you. You must follow the exact instructions you are given. When speaking to the tier two, they WILL give you a confirmation Number of your call to them/what action they did for you. Good luck. Do it correctly!

Hello guys, here is an update from my case.

We call USCIS yesterday asking about our expedite review. We found out that the representative from the USCIS that filed our expedite review failed. My wife gave our adress and zip code(Spain adress) to the rep. but seems like you need to give a US zip code, so we coudn´t apply for it. We knew this through contacting a tier2 officer, that also gave us the California Service center fax number to send a letter and to try to expedite from there.

Anyway, after thinking and thinking what was the reason behind our denial, I got to the conclusion that, more than probably, when we sent the I-129F and I-130 RFE together, the USCIS took the form and passport photo from the RFE for the I-129F case, so the RFE documentation didn´t have the requested documentation, so we were denied. Obviously our fault(well, the administration company that we hired), so obviously we have to start ALL over again, what leads our family in a delicate financial situation.

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  • 7 months later...

Hello everybody! I really need some advice or any sort of help, and it´s great to have such a forum like VJ to expose them, so let´s go.

I´m a spanish beneficiary applying for the I-130 (my wife lives with me and the kids here at Spain w/me). We started the proccess helped by a administrative company at the end of the 2011, receiving our first NOA in March. In April 10 we received a Request For Evidence, asking for a passport-like picture and a G-325A form. We sent everything they requested and waited until yesterday.

We got denied. ugh!

In the explanation they said that actually we responded, but we did not submit the requested form G-325 A and the photo. But we actually did.

After freaking out, get over-frustated and desperate, we call USCIS info service, and they suggest that, if we think that if it could be a USCIS mistake, she would expedite the form (not exactly sure about this, since I do not relate to the info on the internet, and my wife was talking to the lady) to re-check it, so we might be re-requested for the picture and G325A form.

Questions:

-If we know we sent the requested documents, could it mean that the documents were wrongly filled? I guess that, it will mean that we have to start all over again from scratch.

-We took the USCIS girl option, does anybody know some similar cases like ours?

Thank you very much, any help or clarifications is more than welcome, since our position is frustrating and delicate.

Hi! I was just wonderig what happened to your case. I have the same exact case now where we got denied due to abandonment. USCIS claims we didn't send the G-325a but we did and got a tracking number to prove it.

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Hello guys, here is an update from my case.

We call USCIS yesterday asking about our expedite review. We found out that the representative from the USCIS that filed our expedite review failed. My wife gave our adress and zip code(Spain adress) to the rep. but seems like you need to give a US zip code, so we coudn´t apply for it. We knew this through contacting a tier2 officer, that also gave us the California Service center fax number to send a letter and to try to expedite from there.

Anyway, after thinking and thinking what was the reason behind our denial, I got to the conclusion that, more than probably, when we sent the I-129F and I-130 RFE together, the USCIS took the form and passport photo from the RFE for the I-129F case, so the RFE documentation didn´t have the requested documentation, so we were denied. Obviously our fault(well, the administration company that we hired), so obviously we have to start ALL over again, what leads our family in a delicate financial situation.

sorry. just saw this. I got it. :)

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