Petition Denied-Appeal for Reconsideration

[pushbrk 13,543]

Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

OK, I tried to read your timeline and it has not been updated. So you did not receive an NOA1 last August, you received an RFE. You did not satisfactorily respond to the RFE. So you have failed TWICE to submit the divorce decree? I mean you say that he submitted it with the peition, but you got an RFE for it. Maybe they lost it...once. So he responded to the RFE and sent it again. And what? They lost it again?

It would help us, now that we know what is going on, if you could give us the exact wording of the RFE and the exact wording of the denial.

And have you appealed the denial? Appeals can take many many months. If you are at that stage, it will be faster and cheaper to withdraw the petition and start over, OR have your fiancee come to the PIs and marry you, then file for a CR-1

If I were in this situation I would withdraw the petition & start over. When resubmitting I would ask for an expedite based on USCIS error (which is one of the valid choices listed by USCIS). Of course you would need proof that USCIS screwed the pooch by losing the RFE documents (e.g. a tracking receipt from the post office).

No need to withdraw a denied petition. It's already denied. Sounds like you replied to the RFE incorrectly, too late or both. Time to file again and get it right this time. You might consider professional assistance.

Understood it is denied, but she states in post 1 they have filed an appeal. Would they need to withdraw the appeal? Agreed, I used the worng term "petition"

If they actually filed an appeal, I would reference its withdrawal in the cover letter of the new petition. Frankly, I'm completely lost as to what happened precisely and when but clearly their petition is denied and it seems to be because of a lack of or incomplete response to an RFE. USCIS doesn't admit their own mistakes very freely anyway but there's probably no evidence the mistake was theirs. An appeal is likely a waste of time.

[nowhereman 1]

I made the same mistake (withdraw the appeal is correct). However my point about asking for an expedite is important, as the OP can make up for some of the lost time if the expedite is approved.

[nowhereman 1]

USCIS doesn't admit their own mistakes very freely anyway but there's probably no evidence the mistake was theirs.

If the OP sent the RFE documents by certified mail or got some sort of tracking number via the post office that might suffice as proof that USCIS lost the documents & thus the denial is their fault. If you ask for an expedite the worse thing USCIS can do is deny it (defaulting to regular processing with no harm done & no extra cost).

[pushbrk 13,543]

USCIS doesn't admit their own mistakes very freely anyway but there's probably no evidence the mistake was theirs.

If the OP sent the RFE documents by certified mail or got some sort of tracking number via the post office that might suffice as proof that USCIS lost the documents & thus the denial is their fault. If you ask for an expedite the worse thing USCIS can do is deny it (defaulting to regular processing with no harm done & no extra cost).

Yes, if the OP has that kind of compelling evidence, they may well have their appeal approved but your worst case is off base. The worst case is that USCIS ignores the expedite request and takes months to respond regardless of whether the response is positive or negative. With that in mind, this becomes a choice of whether to cut the losses in time by going ahead and paying a new $455 fee. Most folk I know will opt for starting a new timeline instead of the unknown.

All that said, we don't know if any appeal was actually filed or what basis there may have been because the OP's communication on the matter is not yet clear.

[jamsky_1020 0]

Hello, please i need help.... we filed Petition for Fiance last march, received NOA1 last August, accomplished all

the requirements last september sad to say we we're denied but we filed an appeal for reconsideration and submitted the

picture ID and divorce decree final (requested). It's been 6 weeks now, but no reply from the immigration .

We are worried so much!!!!!!!! Please i need your advice.....

Were you denied? Or you received an RFE? Was the divorce final BEFORE you filed the petition initially. Also you are very vague in your description. "Last March" when is this? Exactly. March 2009? march 2008? And what does "last September" mean? 2009? 2008? And what does "accomplished all the requirements" mean. It sounds to me like you did NOT accomplish all the requirements. I also do not belive you waited for 5 months to receive the NOA1. Do you mean the NOA2? Was the PETITION denied or was the visa denied? Did you have an interview?

And please state exactly the date the peition was filed and exactly the reason it was denied.

Yes the petition was denied but we were given option. yes the divorce was final before we filed the petition.

We filed the Petition last march 27, 2009. Received RFE last August. Submitted all the requirements first week of sept .

on the third week of september received notice of denial.

OK, I tried to read your timeline and it has not been updated. So you did not receive an NOA1 last August, you received an RFE. You did not satisfactorily respond to the RFE. So you have failed TWICE to submit the divorce decree? I mean you say that he submitted it with the peition, but you got an RFE for it. Maybe they lost it...once. So he responded to the RFE and sent it again. And what? They lost it again?

It would help us, now that we know what is going on, if you could give us the exact wording of the RFE and the exact wording of the denial.

And have you appealed the denial? Appeals can take many many months. If you are at that stage, it will be faster and cheaper to withdraw the petition and start over, OR have your fiancee come to the PIs and marry you, then file for a CR-1

If I were in this situation I would withdraw the petition & start over. When resubmitting I would ask for an expedite based on USCIS error (which is one of the valid choices listed by USCIS). Of course you would need proof that USCIS screwed the pooch by losing the RFE documents (e.g. a tracking receipt from the post office).

No need to withdraw a denied petition. It's already denied. Sounds like you replied to the RFE incorrectly, too late or both. Time to file again and get it right this time. You might consider professional assistance.

Understood it is denied, but she states in post 1 they have filed an appeal. Would they need to withdraw the appeal? Agreed, I used the worng term "petition"

We were denied but we're given an options to file an appeal for reconsideration and paid $585. So, that's what we did.....

[jamsky_1020 0]

I made the same mistake (withdraw the appeal is correct). However my point about asking for an expedite is important, as the OP can make up for some of the lost time if the expedite is approved.

is there any form to sign if we will withdraw our appealed?

[nowhereman 1]

I made the same mistake (withdraw the appeal is correct). However my point about asking for an expedite is important, as the OP can make up for some of the lost time if the expedite is approved.

is there any form to sign if we will withdraw our appealed?

I don't know but I also wasn't aware there that you have to pay a fee for an appeal as well. I know what's done is done but IMO the better course of action would have been to start over with a new petition & ask for an expedite (based on USCIS error/ losing your RFE documents) after the petition is assigned a case number.

You seem a lot calmer about the situation than I would be... petition denied due to USCIS error, resulting in lost money & more importantly lost time. Now your appeal is in limbo as well (adding more lost money & lost time). Perhaps you can make an InfoPass appt & see what's going on? I know from experience calling USCIS will get nowhere, as the customer service reps don't know any more than you do about the status of the appeal.