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Rajamundis

I-130 Denied! USCIS mistake?

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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.

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Submit an expedite request. They should expedite it, since it was an USCIS error. I would think you could submit a new app, but not too sure if you should do that or if there is an actual way to appeal.

To the other questions, yes they could have filed it improperly. I'm not sure about your second question.

Edited by bsd058

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Thanks for the answer bsd058.

Yes, we directly submitted the expedite request review by phone, as the customer service representative at the USCIS suggested.

On the other hand, I understand the problem wasn´t that the documents were wrongly completed, since the denial letter doesn´t specify that. It actually says "The petitioner responded to our request on May 02,2010 (yeah, the date is wrong) but did not submit the requested Form(s) G-325A and passport style photo for the petitioner." I know the passporr-like picture is not the exactly size as the american ones, since in Spain we use another size. But again, it didn´t specify the size on the RFE.

The other question (sorry my awful english haha!). Well, I´m just asking if anybody else had to face a similar situation: ask for a expedite request for a possibly USCIS mistake, etc.

P.S. Also, if we failed, for some reason, like passport-pictures weren´t big enough or something like that, to meet the first RFE requirements... USCIS could have sent us a second RFA?

Edited by Rajamundis

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Also, I read that the expedite review doesn´t stop the 30 days time for appeal, so I´m not sure about this. The text:

"This process, and any customer submissions relating to this expedited case review process, does not replace, change, circumvent, or affect any rights of USCIS customers or USCIS in the administrative appeals process. This process will also not impact time frames for appeals or motions, fix errors made by a petitioner or his or her authorized representative, create an independent right of action, or address errors not included in the specific administrative errors listed above."

Does it mean that we should also appeal while we get the answer from the expedite review?

Thank you very much for the help!

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Just an oddball question; who filled out the G325A - you or your spouse, and who was on the passport style photo?

Edited by moomin

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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I know the passporr-like picture is not the exactly size as the american ones, since in Spain we use another size. But again, it didn´t specify the size on the RFE.

I'm betting this is your problem. US passport pictures are different, there's specific guidelines on DOS website about what you need to send. You won't be able to get them at any photobooth, the embassy might have a list of photographers that will make them for you (the Paris embassy has such a list).

FYI: http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html

Edited by danzz

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I'm betting this is your problem. US passport pictures are different, there's specific guidelines on DOS website about what you need to send. You won't be able to get them at any photobooth, the embassy might have a list of photographers that will make them for you (the Paris embassy has such a list).

FYI: http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html

They said a passport-like photo, with an inch from bottom to chin or something like that, but never the total size.

Also the denial reason is that in fact we respond them but, failed to submit the application G-325 A and the picture. Checking with our agency we made sure that, yes, we actually sent everything, and also the application for the visa at the front. So it looks that they might skipped checking the rest of the documents.

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They said a passport-like photo, with an inch from bottom to chin or something like that, but never the total size.

Also the denial reason is that in fact we respond them but, failed to submit the application G-325 A and the picture. Checking with our agency we made sure that, yes, we actually sent everything, and also the application for the visa at the front. So it looks that they might skipped checking the rest of the documents.

it would take a month for your items to arrive to your folder from the service center. if you fail to include the rfe notice (blue paper) with your items, then it find itself to your folder in another two months.


"Family time is very precious and you should cherish every moment of it."

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I'm betting this is your problem. US passport pictures are different, there's specific guidelines on DOS website about what you need to send. You won't be able to get them at any photobooth, the embassy might have a list of photographers that will make them for you (the Paris embassy has such a list).

FYI: http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html

I can also bet this is the problem: they want what they want and how they want it: it's your responsibility to provide them with the exact style of the photo. I would suggest you obtain the exact sized photos for when you apply again.

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call back, get an ISO human,

and ask them to assist you with getting the stuff you sent actually put into the casefile.

Good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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They said a passport-like photo, with an inch from bottom to chin or something like that, but never the total size.

Also the denial reason is that in fact we respond them but, failed to submit the application G-325 A and the picture. Checking with our agency we made sure that, yes, we actually sent everything, and also the application for the visa at the front. So it looks that they might skipped checking the rest of the documents.

If the pictures do not match their requirements, then you failed to send a picture, and they put the requirement online for you to make sure you send the right ones. Don't argue with USCIS, if they say send a picture of you wearing a pink bow-tie and a fake mustache, you do not say it doesn't make sense, you just do it.

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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.

Edited by Rajamundis

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I hope you talked with an ISO..

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


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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