I-130 Denied - what to do , what to do....

[sherif23 2]

I had posted a couple of weeks ago regarding our case

My wife had applied the I-130 for us back in August 2010 from NY.

in Octomber - We received the RFE for the missing passport style photpograph, strange it was sent already

We send it again to the lawyer, and he sent the packet back to immigration within the allowed time frame

December case was approved, repoened the same day then denied - Then for three months we got nothing,

Sadly, The denial states that we did not submit the required photograph for my wife -

Sometimes we get so consumed with immigration errors and shortcomings that we see nothing else.

They denied us on reasonable grounds, they requested the pictures and we sent the wrong set.

Did I do the wrong thing to trust our lawyer blindly to submit all the required evidence..? I dont even think we have grounds for an appeal -

Edited March 13, 2011 by sherif23

[George & Gina 29]

I had posted a couple of weeks ago regarding our case

My wife had applied the I-130 for us back in August 2010 from NY.

in Octomber - We received the RFE for the missing passport style photpograph, strange it was sent already

We send it again to the lawyer, and he sent the packet back to immigration within the allowed time frame

December case was approved, repoened the same day then denied - Then for three months we got nothing,

Sadly, The denial states that we did not submit the required photograph for my wife -

Sometimes we get so consumed with immigration errors and shortcomings that we see nothing else.

They denied us on reasonable grounds, they requested the pictures and we sent the wrong set.

Did I do the wrong thing to trust our lawyer blindly to submit all the required evidence..? I dont even think we have grounds for an appeal -

Exactly what wornge "set" of pictures did you send? The I-130 only requires 1 passport style picture of the petitioner and 1 of the beneficiary. You seem to have put a lot of faith in your lawyer. Did he happen to give yo a tracking number for the "packages" that he sent in? It all sounds kind of fishy to me.

[pushbrk 12,250]

I had posted a couple of weeks ago regarding our case

My wife had applied the I-130 for us back in August 2010 from NY.

in Octomber - We received the RFE for the missing passport style photpograph, strange it was sent already

We send it again to the lawyer, and he sent the packet back to immigration within the allowed time frame

December case was approved, repoened the same day then denied - Then for three months we got nothing,

Sadly, The denial states that we did not submit the required photograph for my wife -

Sometimes we get so consumed with immigration errors and shortcomings that we see nothing else.

They denied us on reasonable grounds, they requested the pictures and we sent the wrong set.

Did I do the wrong thing to trust our lawyer blindly to submit all the required evidence..? I dont even think we have grounds for an appeal -

No, you don't have grounds for an appeal. You're better off filing again. However, your description is confusing. USCIS is pretty lax on the size of the photos as long as they get them with the petition or they arrive within the time allowed. If they arrived late, and you got them to your lawyer in time, take it up with your lawyer. If it's his fault, have him pay the new filing fee and do the second filing at no additional charge. If it was your fault, then take your medicine.

[sherif23 2]

No, you don't have grounds for an appeal. You're better off filing again. However, your description is confusing. USCIS is pretty lax on the size of the photos as long as they get them with the petition or they arrive within the time allowed. If they arrived late, and you got them to your lawyer in time, take it up with your lawyer. If it's his fault, have him pay the new filing fee and do the second filing at no additional charge. If it was your fault, then take your medicine.

Gentlemen -

When they requested the RFE - apparently he sent them the wrong picture ( he sent mine as the beneficiary) my wife's pictures as the beneficiary

it does smell fishy, because he did not even know it was denied, according to him for the last three months, we are waiting for everything to go to the NVC. My wife called asked for the Tier II support and went off on them which got the denial mailed the very next day

The denial letter acknowledges that we sent the response to their RFE in time, but we sent the wrong picture

We lost 7 months, and now the filing is up from $355 -

[sherif23 2]

My wife is now planning to bring our child and come live with me here in Cairo. She is an Egyptian as well, ( US born)

Since the appeal is not an option, shall I just wait and file directly with the consulate when they are up and running

I just do not know if he will assume the charge and pay for the second filing or not

I have not approached him yet, because I need to figure out everything and avoid going off on him

Edited March 13, 2011 by sherif23

[sarah et luc 7]

My wife is now planning to bring our child and come live with me here in Cairo. She is an Egyptian as well, ( US born)

Since the appeal is not an option, shall I just wait and file directly with the consulate when they are up and running

I just do not know if he will assume the charge and pay for the second filing or not

I have not approached him yet, because I need to figure out everything and avoid going off on him

If your wife moves to Cairo I believe the DCF requirements are 6 months legal permanent resident in that country. If she stays there for taht 6 months and then files it could be a shorter process than if she stays in the US and decided to re-file. If she moves to Cairo, and decided to file normally through the US she can do that too as long as she has an American address (maybe her parents or a sibling) to have the mail correspond too. I'm sorry this happened with your lawyer. Thanks to VJ there are many many people that do this whole process sans lawyer. Don't let it intimidate you. If you think you can follow the guides by yourself I'd recommend that. It's always hard to put your future into someone else's hands. Good luck!

[sherif23 2]

If your wife moves to Cairo I believe the DCF requirements are 6 months legal permanent resident in that country. If she stays there for taht 6 months and then files it could be a shorter process than if she stays in the US and decided to re-file. If she moves to Cairo, and decided to file normally through the US she can do that too as long as she has an American address (maybe her parents or a sibling) to have the mail correspond too. I'm sorry this happened with your lawyer. Thanks to VJ there are many many people that do this whole process sans lawyer. Don't let it intimidate you. If you think you can follow the guides by yourself I'd recommend that. It's always hard to put your future into someone else's hands. Good luck!

Thank you Sarah -

The irony is that it is not a terrible reason like " you lack evidence to prove it is a good marriage)

yet, it is devstating to lose out on those 7 months having to resort to watching my little girl grow on the webcam

my wife was living with me for over 6 months before she went back to the US ( Family tax business, so they are in seaon) and she is Egyptian as well, so the 6 months resideny is not a problem

Thanks for reading

[pushbrk 12,250]

Thank you Sarah -

The irony is that it is not a terrible reason like " you lack evidence to prove it is a good marriage)

yet, it is devstating to lose out on those 7 months having to resort to watching my little girl grow on the webcam

my wife was living with me for over 6 months before she went back to the US ( Family tax business, so they are in seaon) and she is Egyptian as well, so the 6 months resideny is not a problem

Thanks for reading

The six months residency requirement will prevent a DCF filing until she's spent a new six months as "resident" not "visitor", in Egypt.

[jkelly07 120]

did you send the right size us passport 2x2 white back round, name on the back alien reg number date, in pencil.

[sherif23 2]

did you send the right size us passport 2x2 white back round, name on the back alien reg number date, in pencil.

Yes I did.. but the lawyer sent them my photo

they wanted my wife's - and thats what the RFE asked for

pushbrk - Thanks for the note, I figured it would be a fresh 6 months and thats something we can manage

[Samoray 165]

Hello, sorry about your denial

Your only way is to refile and the DCF takes shorter time than filing from the US

Good Luck