USCIS ask us to reaffirm again

[Lissa&Pee 24]

Good day, after our case was denied in March 2015, they send us the denial letter but we lost the letter and we hired a lawyer this year to help us, just this Saturday we receive a letter telling us how we have to appeal or reaffirm which they tell us to fill form EOIR-29 and reaffirm but the lawyer is also telling us to restart everything again by refilling the whole case again. I don’t understand pleases help me if anyone have idea of what the lawyer is true or not...thanks

[unknown111 13]

10 minutes ago, Lissa&Pee said:

Good day, after our case was denied in March 2015, they send us the denial letter but we lost the letter and we hired a lawyer this year to help us, just this Saturday we receive a letter telling us how we have to appeal or reaffirm which they tell us to fill form EOIR-29 and reaffirm but the lawyer is also telling us to restart everything again by refilling the whole case again. I don’t understand pleases help me if anyone have idea of what the lawyer is true or not...thanks

why were you denied, was it stated

[Ahmed&Freda 628]

51 minutes ago, Lissa&Pee said:

Good day, after our case was denied in March 2015, they send us the denial letter but we lost the letter and we hired a lawyer this year to help us, just this Saturday we receive a letter telling us how we have to appeal or reaffirm which they tell us to fill form EOIR-29 and reaffirm but the lawyer is also telling us to restart everything again by refilling the whole case again. I don’t understand pleases help me if anyone have idea of what the lawyer is true or not...thanks

It would make more sense to refile than appeal but it would be important to know why it was denied.  You'll need to overcome those reasons before you refile.   Does the letter state those reasons?

[Lissa&Pee 24]

It was denied because the CO said our marriage is not a bona fide marriage that our marriage is a shammed but she is sending our case back... the letter we just received is given us 33 days for final revoked but our lawyer said we have to restart all over again 

[Lissa&Pee 24]

Yes the letter is stating that this what The Co said about our marriage, So they given us final 33 days to appeal or reaffirmed..  thanks 

[O&GForever 387]

You don’t need to refile. There are quite a few people on this portal who were denied, appealed their case after receiving an NOIR, and have successfully won their case. Their spouses are now here in America. 

 

The NOIR you received should have give you the exact reasons they denied you. You have until the deadline to address each of those findings point by point. Find as much evidence as you can for each claim and provide explanations. 

 

You can can choose to refile, but that will mean more money and a very long wait. Or you can appeal and hopefully have your case reaffirmed in a couple of months and sent back for an interview. 

[Lissa&Pee 24]

14 minutes ago, O&GForever said:

You don’t need to refile. There are quite a few people on this portal who were denied, appealed their case after receiving an NOIR, and have successfully won their case. Their spouses are now here in America. 

 

The NOIR you received should have give you the exact reasons they denied you. You have until the deadline to address each of those findings point by point. Find as much evidence as you can for each claim and provide explanations. 

 

You can can choose to refile, but that will mean more money and a very long wait. Or you can appeal and hopefully have your case reaffirmed in a couple of months and sent back for an interview. 

Yes thanks very much but my lawyer is telling me to refile again but they just send us a letter stating that we have final 30 days for appeal and that we should file EOIR-29 forms with evidence but the lawyer said we should restart, am confused 

[O&GForever 387]

1 hour ago, Lissa&Pee said:

Yes thanks very much but my lawyer is telling me to refile again but they just send us a letter stating that we have final 30 days for appeal and that we should file EOIR-29 forms with evidence but the lawyer said we should restart, am confused 

Did he give you a reason why you should just refile and not try to appeal? To me it doesn’t hurt to try and appeal the case. It’s free and will only take a couple of months to know if you’re successful. Whereas refilling will involved hundreds of dollars and at least a year more apart from your spouse. 

 

You need to do what you feel is best for your case. But I will say I know 5 people who appealed their cases within the last year. All have been reaffirmed and at least 3 of them have their spouses here. The Ghana embassy has undergone a big change recently and I am seeing more people get approved there then I have in the 4 years i’ve been dealing with immigration. 

[Ahmed&Freda 628]

1 hour ago, O&GForever said:

Did he give you a reason why you should just refile and not try to appeal? To me it doesn’t hurt to try and appeal the case. It’s free and will only take a couple of months to know if you’re successful. Whereas refilling will involved hundreds of dollars and at least a year more apart from your spouse. 

 

You need to do what you feel is best for your case. But I will say I know 5 people who appealed their cases within the last year. All have been reaffirmed and at least 3 of them have their spouses here. The Ghana embassy has undergone a big change recently and I am seeing more people get approved there then I have in the 4 years i’ve been dealing with immigration. 

It looks as though they never sent a rebuttal in response to the NOIR.  The 30 days was up case denied best option to reapply.

 

 

[Lissa&Pee 24]

2 hours ago, O&GForever said:

Did he give you a reason why you should just refile and not try to appeal? To me it doesn’t hurt to try and appeal the case. It’s free and will only take a couple of months to know if you’re successful. Whereas refilling will involved hundreds of dollars and at least a year more apart from your spouse. 

 

You need to do what you feel is best for your case. But I will say I know 5 people who appealed their cases within the last year. All have been reaffirmed and at least 3 of them have their spouses here. The Ghana embassy has undergone a big change recently and I am seeing more people get approved there then I have in the 4 years i’ve been dealing with immigration. 

He never give me any reason

[Lissa&Pee 24]

1 hour ago, Ahmed&Freda said:

It looks as though they never sent a rebuttal in response to the NOIR.  The 30 days was up case denied best option to reapply.

 

 

They letter we have say we need to file EOIR-29 forms 

[Ahmed&Freda 628]

3 minutes ago, Lissa&Pee said:

They letter we have say we need to file EOIR-29 forms 

This is an appeal, in which, I was always under the impression that you had to file it within 30 days of the official denial (perhaps someone who knows better can correct me).  The attorney will most likely recommend refiling either because you are out of the time frame to appeal and/or it will be cheaper to pay him to refile than appeal and is usually faster to reapply than wait for appeal.  

 

Hope that helps!

[Reqahmed 92]

4 hours ago, Lissa&Pee said:

They letter we have say we need to file EOIR-29 forms 

Regardless appeal or reapply you have to overcome your refusal issue. Is that first marriage for both? Ain't he visited married in your home country? Does family were present from both side? Did you provide affidavit of withness from relatives? Any wedding pictures, text, call log screenshot presented to embassy?

[TNJ17 1,329]

If you filed in 2015 and were denied that case, I think it’s safe to say your 30 days are passed which is why the lawyer is telling to refile. If you didn’t do anything right after you received the denial, your application is probably considered abandoned so I would refile as per what the lawyer says. 

[Jeanne Adil 1,651]

9 hours ago, O&GForever said:

You don’t need to refile. There are quite a few people on this portal who were denied, appealed their case after receiving an NOIR, and have successfully won their case. Their spouses are now here in America. 

 

The NOIR you received should have give you the exact reasons they denied you. You have until the deadline to address each of those findings point by point. Find as much evidence as you can for each claim and provide explanations. 

 

You can can choose to refile, but that will mean more money and a very long wait. Or you can appeal and hopefully have your case reaffirmed in a couple of months and sent back for an interview. 

she was told to appeal (form EOIR-29)  that is a court case with a fee

 

 

i appealed and won

court said reapply and visa will be granted

total over 3 years for all this

lawyer is right REAPPY

forget the appeal

waste of time and money

in new application address the issues

 

 

 

 

 

 

 

 

Edited August 21, 2018 by adil-rafa