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Muffinji

I-130 (CR-1) denied because USCIS lost the RFE they received.

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Hi! So I never thought I would be that unlucky. 

Short sunmary, got a silly RFE, submitted reply, USCIS updated website saying they received the RFE submitted and was processing. We waited patiently. No news after 90 days, we sent in enquiry and got a denial notice a few days later. 

 

Stayed calm waiting to receive the mail to find out the reason..

and a little 😡😰😱😂

now, trying to stay calm and figure out If lawyering up makes a difference when I motion to re-open? As it was their fault? 

A148A2A1-A0A9-45FC-90C5-7BF509874BAE.jpeg.99dfb193ad25a6872f41fc28a8c9b7d3.jpeg

 

Edit : reason for denial is because we didn’t reply to the RFE which they received as seen in case file update

i want to upload the picture of the denial letter but somehow it’s too large.. 

 

at this point any advice is really appreciated. 

 

Quick relationship summary

 

been (online) best friends for about 10years before we decided to meet up in 2013 and then became a couple, met every year at least twice with 3weeks-2mths each meeting (we take turns flying to each other) got married Jan 2018.

Edited by Muffinji

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Hopefully you also have tracking information indicating the RFE was delivered to USCIS. That would further help to support your claim. 

 

This would seem to clearly fall within the realm of a Motion To Reconsider, since the error is USCIS'. 


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
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11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
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Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Just now, Hypnos said:

Hopefully you also have tracking information indicating the RFE was delivered to USCIS. That would further help to support your claim. 

 

This would seem to clearly fall within the realm of a Motion To Reconsider, since the error is USCIS'. 

Much to my dismay, my husband sent off the RFE too quick before I managed to remind him of that ;_; 

 

He is now feeling really bad over the whole thing since the original RFE was actually something silly he missed out on and then this... that I don’t have the heart to grill him more over it. 

 

but we have the case file updates saying they received the RFE. Which I believe USCIS would not update unless they received our mail. 

(Hopefully) 

thanks a lot for your input ! 

 

 

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It would help to have both, but you have the status update so that should be fine by itself. 

 

Presumably your denial notice says you were denied from no RFE response and not a deficient RFE response? 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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1 minute ago, Hypnos said:

It would help to have both, but you have the status update so that should be fine by itself. 

 

Presumably your denial notice says you were denied from no RFE response and not a deficient RFE response? 

I believe so, it says failure to respond.

F4125AE2-1C82-443A-A643-A2DAF91455D9.jpeg

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Yep, looks like clear MTR territory. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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5 minutes ago, Hypnos said:

Yep, looks like clear MTR territory. 

Thank you so much. Being able to discuss it even a little makes me feel a lot more relieved that I’m not going crazy 😂🤣 

 

(While my husband is busy reprinting everything for the MTR now) lol

Yep. He is tracking everything moving forward now and no longer thinks I’m paranoid over stuff like that. 😂🤣 

 

Edited by Muffinji

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This week has made me recall a little of how that feeling goes. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Just now, Hypnos said:

This week has made me recall a little of how that feeling goes. 

On one hand we were glad to receive that denial reason because it’s not something like ‘FRAUD’ which we were like, no idea how to deal with cause our relationship is like... really hard to classify as fraud whichever way you look at it... 

but when the reason is something like this..

the disbelief is like... wait, what... are you for real ? 😰😱😂

 

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Yeah it's nonsense really. 

 

USCIS is not a wonderfully run federal agency. Perhaps none exist. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I was about to ask if anyone have a rough idea of the timeline once we submit the MTR but with all the current delays and backlog in processing.. I guess it all really depends on luck at this point. (They say within 90 days but can take longer so... that’s what they say with RFE too and we just had a bad experience with that 😂🤣)

 

mostly bummed because we had furbaby plans this year when we expected me to be able to move over by end of the year so I guess our kitten plan needs to be delayed another year. 

 

Plus the additional cost (including extra travel to meet up now )... not that we don’t have the funds but like, it’s funds we were planning on saving for house renovations and etc. 

 

we are looking at doing Motion to Reconsider and paying the extra just so we don’t need to wait an extra 6-10months if we resubmit a new petition... 

 

however, we did read somewhere that some attorneys recommend to just resubmit I-130 because there is a chance MTR decision will still ask you to resubmit anyways.

 

I wonder if anyone could provide their input or experience on that? Thanks 

 

At this rate though we do plan on me entering after our second anniversary just so we can skip the whole paperwork nightmare again to remove conditions since our anniversary is in January 2020. 

 

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The denial also reads that your RFE reply evidence was insufficient to approve the I-130. It does not say that you (necessarily) did not respond, but only that you did not respond with evidence sufficient to carry your I-130 to approval. Yes, it is legalese, which confuses more than it informs. I think you are reading the letter as a whole, and not parsing it into meaningful sections. For whatever reason(s), your I-130 was denied - and not necessarily because you did not respond. I think you did. And I think they received it. But they didn't think it was enough.

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Go through your congressional or senator’s immigration liaison to reopen the case. They have direct line to USCIS. Don’t forget to sign release of information form and write up all facts and provide proofs you have. 


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14 hours ago, Muffinji said:

On one hand we were glad to receive that denial reason because it’s not something like ‘FRAUD’

 

Yep I like your mentality. One should always see the glass half full instead of half empty, because it could be worse!

 

I wish you success on the reopening and pray they admit their error without much hassle. 

Edited by HonoraryCitizen

I am not in this world to live up to your expectations,

Neither are you here to live up to mine.

I don't owe no one no obligation 
So everything is fine, fine

I said, I am that I am I am, I am, I am

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4 hours ago, WandY said:

The denial also reads that your RFE reply evidence was insufficient to approve the I-130. It does not say that you (necessarily) did not respond, but only that you did not respond with evidence sufficient to carry your I-130 to approval. Yes, it is legalese, which confuses more than it informs. I think you are reading the letter as a whole, and not parsing it into meaningful sections. For whatever reason(s), your I-130 was denied - and not necessarily because you did not respond. I think you did. And I think they received it. But they didn't think it was enough.

That would be confusing because the RFE requested specifically  for pages 10, 11 and 12 that were literally empty because it didn’t apply to us which was why my husband forgot to attach when sending it in the first time - which he sent in promptly as a reply to the RFE 😕 

 

I wonder if anyone can give their input on this.. because if it’s true then maybe we should just consider to re-apply instead.. 

Edited by Muffinji

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