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appeal/NOIR motion i-290b or New CR1 or K1?

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My wife's brother-in-law did I-130 & CR1 on his own but got issues:

-Jan 2014: submitted I-130 & CR1 packets.

-June 2014: receive RFE for evidences

- sometimes between July - Sept 2014, he submitted them all, but accidentally left out the English translation of Marriage's Certificate.

- Now he received a denial for insufficient documents, missing marriage certificate. On letter of notice, suggested Appeal or Motion.

(God knows what other mistakes he had done)


The question is:

- if he goes with Motion, is it Motion to Reopen? or Reconsider? How long is the wait?

- Or should he start a Refile?

- Refile as CR1? or Refile as K3? Length of wait?


USCitzen- county of Domicile is Vietnam

Visa-spouse- also in Vietnam

Consulate: Hochiminh City.


If Refile/Start a new case, either CR1 or K3, here's his story:

He lives in Vietnam for 5 years, since he graduated college in US. He does volunteering and earned cost of livings with his volunteer works & there, and of course, no records of IRS tax since 2009. So I-864, he will use either of his parents (divorced parents), a multi-millionaire father he barely lives with in his lifespan or a nearly retired school teacher mother whom raised him, he stated he'll ask only 1 person to co-sign his i-864 petition, which one to choose? Thanks.

I've heard about DCF (Direct Consulate Filing), but not available in Vietnam, is it doable?

He's having health issues & I believe he is in better hands if receive medical care in USA, but he won't leave his wife to go back US to work & wait for I-130. I told him going back to USA is the best solution with the sacrifice of 1 year apart from his wife while he can be well. Polution in Vietnam is killing him, severe sinusitus & his congenital heart issues will come back soon or later with the same polution condition.


Appreciated your comments & expertises.

Thank you & Happy Thanksgivings.

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Filed: Lift. Cond. (apr) Country: China


  • File a new I-130. If the RFE that was issued on the prior petition was not properly responded to, then the denial of that prior petition was proper and trying to appeal that decision will be a lost cause and waste of time. Also, forget the K3, it's not a time saver and one actually being granted with the current procedures in place by USCIS and the State Department is a rare occurrence.
  • No one "cosigns" an I-864; the sponsor signs the I-864 they fill out and the joint sponsor signs the I-864 they fill out. Between his father and his mother, it's up to him who he chooses to ask but it's also up to the person he asks whether or not they want to fill out an sign the form.
  • Since DCF is not available in Vietnam, it is not doable.
  • There is a strong probability that his petition will be sent from the lockbox in Chicago to the California Processing Center (CSC). If that happens, then there is another strong chance that his petition will enter the auto expedite queue and he will receive a decision on it quickly (provided it was correctly submitted at the outset). There is no guarantee his petition will automatically be expedited and USCIS denies such a queue exists.

Our journey:


September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*


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