I 130 denied Appeal or re apply

[rhycca gardner 0]

Our I 130 got denied the letter state lack of evidence and explanation about our submitted documents we are given 30 day to appeal for our case. We contacted an Immigration lawyer he told us to re apply and not to appeal. It will took a year for them to have a decision if we appeal. He suggest we will re apply and submit the desired documents and evidence. Question whom we will follow the Lawyer that we have re apply or the USCIS to appeal? Anyone done with same situation? thank you for the response.

[Lex Specialis 38]

Having no information about the details of your case, i would make an educated guess that your lawyer believes you should re-file because when you appeal, USCIS is only going to consider whether a legal error was committed in the original decision to deny your application. In other words, if your application was legally insufficient in evidence, they will merely affirm the decision on appeal and you will still be denied. They will not entertain additional evidence. The best way to submit additional evidence before the Service is by refiling the I-130.

[rhycca gardner 0]

Thank you

[Pinkrlion 2,607]

Our I 130 got denied the letter state lack of evidence and explanation about our submitted documents we are given 30 day to appeal for our case. We contacted an Immigration lawyer he told us to re apply and not to appeal. It will took a year for them to have a decision if we appeal. He suggest we will re apply and submit the desired documents and evidence. Question whom we will follow the Lawyer that we have re apply or the USCIS to appeal? Anyone done with same situation? thank you for the response.

You will only win an appeal, if you believe that it was incorrectly adjudicated. With the explaination of lack of evidence means that you did not provide the information required to approve the petition which is something that cannot be appealed. You will have to pay to appeal, and still have to pay to re-apply.

Your lawyer is correct, in that you need to begin again and provide as much detailed information, and proof of a bonifide relationship and you will be approved the second time.

I would suggest that you read everything carefully on the petition instructions, and the guidelines on VJ before you mail your petition again. Hint: If the packet that you mailed was not at least 4 pounds, then you did not provide enough.

[ppihtr123 68]

Fire your lawyer. They should have known they were not including the required documentation!

[rhycca gardner 0]

Thank you

[MrsOyetunji 9]

what are the document you sent ?

[rhycca gardner 0]

Marriage certificate, Photo's together with our family wedding photo, Plane ticket together, Insurance of a car with our names.

[Penguin_ie 5,986]

*** Moving from K1 Progress Report to CR-1 spousal visa forum ****

[speedwell 224]

Hint: If the packet that you mailed was not at least 4 pounds, then you did not provide enough.

Four pounds? Ridiculous and false. I know you are proud of yourself for having overwhelmed the USCIS with your generosity (and what else did you send, a box of rocks?), but that is not true for every submission. Yes, the OP needs to submit as much information as they can. No, you should not go about scaring people to death who really did send all the information they could. Because we were new at this and confused, we sent in our I-130 without one single piece of supporting information. To our complete surprise, it was approved; we surely expected an RFE if not an outright denial.

Yes, OP, do make triple sure to send in a complete file and take time to do your research and provide everything you can; the Philippines is a difficult nation to immigrate from.

Edited April 24, 2013 by speedwell

[speedwell 224]

Sorry, did not mean to repost...

Edited April 24, 2013 by speedwell

[Boggy1974 124]

Fire your lawyer. They should have known they were not including the required documentation!

Did OP say the lawyer helped him or her file the first time? I gather from the post OP consulted a lawyer after being denied for lack evidence.

OP, I would say start all over and send in a new petition.

The appeal process will unnecessarily waste your time and money. Best of luck!

[rhycca gardner 0]

Yes you are right we don't have a lawyer the first time we filed our petition Thank you

[chaine1 116]

The Philippines is a difficult nation to immigrate from.

The Philippines is actually not considered to be a difficult embassy. And if it was, you would WANT the 4 pounds of evidence.

rhycca, yes, if you didn't make it to interview, and it was the I-130 that was denied (not the visa itself at the embassy), then refile. Don't waste time appealing.

[speedwell 224]

The Philippines is actually not considered to be a difficult embassy. And if it was, you would WANT the 4 pounds of evidence.

rhycca, yes, if you didn't make it to interview, and it was the I-130 that was denied (not the visa itself at the embassy), then refile. Don't waste time appealing.

That's not what I hear from people here and people I work with who have found the process extraordinarily difficult from the Philippines.

And four pounds? No, dude. No. That's over a thousand pieces of paper.

Edited April 24, 2013 by speedwell