I130 Case Denied after sending RFE | f2a & f2b, now appealing (merged)

[zaback21 28]

Sorry to hear what happened to OP but seeing the whole situation, I am definitely going to do DNA test if I receive RFE which seems likely considering me and millions of other birth certificate in my country was issued post 2008 since Birth and Death Registry was established in 2008. And school records or any records in our country don't have mothers name as it was made mandatory since 2006 I presume. 

Edited October 26, 2019 by zaback21

[Rasel_Cool 22]

Update: 

 

On october 28 my father gave dna(in usa) and we are still waiting to be called by dna lab in our country. 

 

On 6th november we have appealed with dna compliance letter,dna lab reciept , Primary school letter, marksheet letter,  remittance reciept, family pictures which were not given before,more birth affidavits  (this time my aunt and uncle who lives in usa gave affidavit),  nikahnama of parents, birth certificate and in a letter explaining why we couldn’t give dna earlier and why it will take time to get the dna result done. 

 

 

The appeal was was received  8th november. Will wait for the appeal reply.

 

If anyone knows how long it takes an appeal to reply kindly let me know. Thanks

 

 

My lawyer is confident that we will win the case as we are genuine son and daughter of our father   and sooner or later the dna result will get reached to USCIS. 

 

Lets hope for the best. Thanks everyone  

Edited November 13, 2019 by Rasel_Cool

[Rasel_Cool 22]

On 10/19/2019 at 2:34 AM, SusieQQQ said:

Has the lawyer told you how long it usually takes USCIS to respond to an appeal?

 

(I'm not going to even pretend I understand what the current process here is, because to my non-legal ears it sounds like things are happening out of sequence, so I will just wait for further updates once tests are done/appeals are in/outcomes are known.)

u can see update of my case in the last page 

On 10/19/2019 at 3:51 AM, ihsan said:

Hi,  i have had a very bad experience with DDC, so listen very carefully Do not make any mistake or leave blank when filling application or documents with the DDC and at the clinic  , you should always stay in touch with them during the process and make sure that they send the DNA result once its done , you can also ask them to provide you with Fedx tracking number so you could be sure that USCIS has received the DNA test. you should move fast, because your outside USA the embassy will take a very long time to schedule your appointment for the collection of your samples.  all the best.. 

u can see update of my case in the last page 

On 10/19/2019 at 4:15 AM, Andy & Val said:

Keep on keeping on my friend.

Let hope things will go your way.

🙏

u can see update of my case in the last page 

On 10/19/2019 at 3:18 PM, Going through said:

You say the test is going to be done on Thursday....and then you say the embassy will call to let you know your date?

Which one is it?

u can see update of my case in the last page 

[Rasel_Cool 22]

On 10/18/2019 at 11:46 PM, Ontarkie said:

I'd fire your lawyer. He submitted sub par  evidence and fed you to the wolves. No way he didn't know what he submitted wouldn't fly and if he didn't even more reason to fire him. The DNA test may have been optional but that would have only been if the evidence you had submitted was strong. Yours was far from it. 

 

 

u can see update of my case in the last page 

On 10/15/2019 at 11:58 PM, belinda63 said:

Your petition is no longer usable, it has been denied. If you wish you can file a new petition. Expect a similar process and similar wait time for the new petition to process.

u can see update of my case in the last page 

On 10/16/2019 at 11:20 PM, Paul & Mary said:

It would be good to post the letter here.

u can see update of my case in the last page 

[Rasel_Cool 22]

Case Was Denied


""On October 9, 2019, we denied your Form I-130, Petition for Alien Relative, Receipt Number WAC***********. We sent you a denial notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by October 24, 2019, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.""

Category : f2b and f2a (Im above 21 unmarried and my brother and sisters are below 21) .. Priority Date 2016 December (Everyone). All three case got Denied.

As our birth was lately registered (Cause that Time in our country birth registration was not mandatory / there was no such rule of birth registration back then when we were born ) They Wanted Additional documents (RFE) to prove relation with petitioner such as birth affidavit, school certificate etc and asked to do DNA voluntary.. We just sent some documents and didn't do DNA . Case was denied as you can see. In the Denial Letter they said Evidence was weak (affidavits seemed to be copy pasted to them ) and we could have done the DNA and skip everything else. Bad luck that we didn't go for the DNA option . In the Denial Letter they have said that we can Appeal with 30 days with any supporting documents . So we have appealed sending new birth affidavits from my own aunt and uncle describing how they saw our birth, we have sent school letters, some family pictures, mark sheet letters, Remittance Receipt along with DNA Lab receipt, DNA Compliance letter and separate letter explaining why couldn't do the DNA test earlier.

Our father(Petitioner) has done the DNA test in USA on 29th November 2019 but we still not being called by DNA lab from our country (Hopefully we will be called this week). We knew DNA will take time so we have explained about it and have written "As appeal time may expire, we have just sent DNA LAB RECEIPT and compliance letter To USCIS (with other documents) and once we get the DNA report they will be sent immediately"

We have appealed on 6th November 2019 and appeal mail was received by USCIS (We have known by mail tracking. No received mail from USICS yet) .

How long will it take USCIS to reply our Appeal. Anyone have any IDEA? Please share . Thanks

[ihsan 7]

28 minutes ago, Rasel_Cool said:

Case Was Denied


""On October 9, 2019, we denied your Form I-130, Petition for Alien Relative, Receipt Number WAC***********. We sent you a denial notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by October 24, 2019, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.""

Category : f2b and f2a (Im above 21 unmarried and my brother and sisters are below 21) .. Priority Date 2016 December (Everyone). All three case got Denied.

As our birth was lately registered (Cause that Time in our country birth registration was not mandatory / there was no such rule of birth registration back then when we were born ) They Wanted Additional documents (RFE) to prove relation with petitioner such as birth affidavit, school certificate etc and asked to do DNA voluntary.. We just sent some documents and didn't do DNA . Case was denied as you can see. In the Denial Letter they said Evidence was weak (affidavits seemed to be copy pasted to them ) and we could have done the DNA and skip everything else. Bad luck that we didn't go for the DNA option . In the Denial Letter they have said that we can Appeal with 30 days with any supporting documents . So we have appealed sending new birth affidavits from my own aunt and uncle describing how they saw our birth, we have sent school letters, some family pictures, mark sheet letters, Remittance Receipt along with DNA Lab receipt, DNA Compliance letter and separate letter explaining why couldn't do the DNA test earlier.

Our father(Petitioner) has done the DNA test in USA on 29th November 2019 but we still not being called by DNA lab from our country (Hopefully we will be called this week). We knew DNA will take time so we have explained about it and have written "As appeal time may expire, we have just sent DNA LAB RECEIPT and compliance letter To USCIS (with other documents) and once we get the DNA report they will be sent immediately"

We have appealed on 6th November 2019 and appeal mail was received by USCIS (We have known by mail tracking. No received mail from USICS yet) .

How long will it take USCIS to reply our Appeal. Anyone have any IDEA? Please share . Thanks

Hi, when USCIS received your appeal? i think it should take few weeks, you can call USCIS just to put their attention on your case,  its been a month since USCIS received my RFE and no response from them,  you should have gone with DNA in the first place . 

[Rasel_Cool 22]

1 minute ago, ihsan said:

Hi, when USCIS received your appeal? i think it should take few weeks, you can call USCIS just to put their attention on your case,  its been a month since USCIS received my RFE and no response from them,  you should have gone with DNA in the first place . 

I know but whats gone is gone. We have diacussed abt it in my old post. Lets hope for the best

[Rasel_Cool 22]

8 minutes ago, ihsan said:

Hi, when USCIS received your appeal? i think it should take few weeks, you can call USCIS just to put their attention on your case,  its been a month since USCIS received my RFE and no response from them,  you should have gone with DNA in the first place . 

Our father(Petitioner) has done the DNA test in USA on 29th November 2019 but we still not being called by DNA lab from our country (Hopefully we will be called this week). We knew DNA will take time so we have explained about it and have written "As appeal time may expire, we have just sent DNA LAB RECEIPT and compliance letter To USCIS (with other documents) and once we get the DNA report they will be sent immediately"
 

 

• Correction on Petitioner DNA test Date  : Our father(Petitioner) has done the DNA test in USA on 29th October 2019 but we still not being called by DNA lab from our country (Hopefully we will be called this week). We knew DNA will take time so we have explained about it and have written "As appeal time may expire, we have just sent DNA LAB RECEIPT and compliance letter To USCIS (with other documents) and once we get the DNA report they will be sent immediately"

Our father(Petitioner) has done the DNA test in USA on 29th November 2019 but we still not being called by DNA lab from our country (Hopefully we will be called this week). We knew DNA will take time so we have explained about it and have written "As appeal time may expire, we have just sent DNA LAB RECEIPT and compliance letter To USCIS (with other documents) and once we get the DNA report they will be sent immediately"
 

 

• Correction on Petitioner DNA test Date  : Our father(Petitioner) has done the DNA test in USA on 29th October 2019 but we still not being called by DNA lab from our country (Hopefully we will be called this week). We knew DNA will take time so we have explained about it and have written "As appeal time may expire, we have just sent DNA LAB RECEIPT and compliance letter To USCIS (with other documents) and once we get the DNA report they will be sent immediately"

[Going through 5,668]

16 hours ago, Rasel_Cool said:

Update: 

 

On october 28 my father gave dna(in usa) and we are still waiting to be called by dna lab in our country. 

 

On 6th november we have appealed with dna compliance letter,dna lab reciept , Primary school letter, marksheet letter,  remittance reciept, family pictures which were not given before,more birth affidavits  (this time my aunt and uncle who lives in usa gave affidavit),  nikahnama of parents, birth certificate and in a letter explaining why we couldn’t give dna earlier and why it will take time to get the dna result done. 

 

 

The appeal was was received  8th november. Will wait for the appeal reply.

 

If anyone knows how long it takes an appeal to reply kindly let me know. Thanks

 

 

My lawyer is confident that we will win the case as we are genuine son and daughter of our father   and sooner or later the dna result will get reached to USCIS. 

 

Lets hope for the best. Thanks everyone  

A letter/receipt that one of you has paid for a DNA test is a bit useless since there are no DNA results to show on that letter for them to further process your case.  Also, as you said, you haven't done a DNA test yet ----- only one party has so far, with no results back yet.

Hopefully the 2 other affidavits sent in are not "boilerplate" like the other ones (as was stated on the RFE you received regarding the past affidavits sent in).

 Nikah nama of the parents is not evidence that establishes parent-child biology since you weren't born at the time of your parents' ceremony...but will be perhaps useful when matching up to school records, child medical records, etc.

Photos are not evidence of parent-child biology---even if you are the spitting image of them.

 

USCIS needs the DNA test results---which were not sent in with the appeal.  They are generally not in the habit of putting aside the case and just waiting for the results to get to them later on (when they clearly only gave 30 days for you to appeal with the evidence they needed).  It will be interesting to see what they do with the "evidence" you submitted at this point, and it's always good to have a Plan B---so you should be prepared to refile all over again.  On the plus side, you'll have the DNA results back by then to go forward with a new filing, if that's what happens in the end.

 

If you have to refile/when you do refile---I would suggest seeking out the advice of a new lawyer.  

Edited November 14, 2019 by Going through

[Rasel_Cool 22]

10 minutes ago, Going through said:

A letter/receipt that one of you has paid for a DNA test is a bit useless since there are no DNA results to show on that letter for them to further process your case.  Also, as you said, you haven't done a DNA test yet ----- only one party has so far, with no results back yet.

Hopefully the 2 other affidavits sent in are not "boilerplate" like the other ones (as was stated on the RFE you received regarding the past affidavits sent in).

 Nikah nama of the parents is not evidence that establishes parent-child biology since you weren't born at the time of your parents' ceremony...but will be perhaps useful when matching up to school records, child medical records, etc.

Photos are not evidence of parent-child biology---even if you are the spitting image of them.

 

USCIS needs the DNA test results---which were not sent in with the appeal.  They are generally not in the habit of putting aside the case and just waiting for the results to get to them later on (when they clearly only gave 30 days for you to appeal with the evidence they needed).  It will be interesting to see what they do with the "evidence" you submitted at this point, and it's always good to have a Plan B---so you should be prepared to refile all over again.  On the plus side, you'll have the DNA results back by then to go forward with a new filing, if that's what happens in the end.

 

If you have to refile/when you do refile---I would suggest seeking out the advice of a new lawyer.  

 Go thru This post and comment there i have written all details there

 

 

[Going through 5,668]

not sure why you started a second thread instead of just posting this on your huge existing thread below....keeping all info in one thread helps members be able to better advise you.

 

 

[Going through 5,668]

2 hours ago, Rasel_Cool said:

As our birth was lately registered (Cause that Time in our country birth registration was not mandatory / there was no such rule of birth registration back then when we were born )

One caveat:  according to the RFE you posted on your original thread...their main issue wasn't so much the late registration of birth, but that the registration of birth appeared to have happened only when immigration benefits were filed for.  I'm not sure your exact ages, but there was at least 21 years between birth and filing with USCIS to register a birth for other purposes rather than immigration to the US?  That, in a way, would have looked a teeny bit concocted in their eyes along with the other insufficient evidence they had issues with as stated in the RFE  (I'm not saying your lying about your birth circumstances---but how it can be viewed by them when immigration benefits are being sought).

 

 

Edited November 14, 2019 by Going through

[Going through 5,668]

16 minutes ago, Rasel_Cool said:

 Go thru This post and comment there i have written all details there

 

 

I did comment there as well---and asked  Mods to merge both threads, not sure why you started a second one, as it betters serves members to be able to better advise you when all info is kept in one thread.

[Rasel_Cool 22]

3 minutes ago, Going through said:

One caveat:  according to the RFE you posted on your original thread...their main issue wasn't so much the late registration of birth, but that the registration of birth appeared to have happened only when immigration benefits were filed for.  I'm not sure your exact ages, but there was at least 21 years between birth and filing with USCIS to register a birth for other purposes rather than immigration to the US?  That, in a way, would have looked a teeny bit concocted in their eyes.  (I'm not saying your lying about your birth circumstances---but how it can be viewed by them when immigration benefits are being sought).

 

 

FYI we regiestered birth certificatein 2010. Imigration i130 was filled in 2016 and it was clearly written on rfe that additiinal documents were needed cause of delayed birth registration. In our country we dont need birth certificate for anything except making passport. Plus birth registration was not mandatory back then. We have even sent UNICEF report about our country.

 

 

And the reason of starting new topic is i have summerised everything  in this post. So that anyone can understand things clearly.thanks       

[Rasel_Cool 22]

1 minute ago, Going through said:

I did comment there as well---and asked  Mods to merge both threads, not sure why you started a second one, as it betters serves members to be able to better advise you when all info is kept in one thread.

I have summerised everything in details in my new post. Here a lot details are missing