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

[Rasel_Cool 22]

1 hour ago, Villanelle said:

It wouldnt matter if the mods let you create a new thread about this, or linked the old thread, or cut and pasted it in the way you would have preferred. You have an expectation that commenters should do their due diligence before replying - thats simply not how forums work! Yeah it would be great if everyone read the posters history very carefully and did research and then only give accurate and relevant answers- but thats not reality. If you need specific personalized advice you have to pay for it with an attny. Otherwise you take the advice your given and need to sort through it disregarding what does not apply and pursuing further what does. 

 

Anyway, it seems you are saying you checked the option on the appeal to submit a brief later correct?  Well if I understand it correctly you need to submit your brief with in 30 days. However it seems you can send a request for more time (with in those 30 days) as long as you have a good faith reason for needing more time to submit the brief. So it may be possible for you to get an additional extension on the brief needed in order to get the DNA done and submitted. In most cases you also CAN submit another 130 right now while the appeal is pending. In many cases attnys file both a new 130 and the appeal. Did the attny say you cant file another 130 or is not recommending you file it? Did they give a reason?

 

The eoir 29 usually takes about 6 months but can take up to 2 years. If you are delaying it by sending a brief and then asking for more time to send the brief logic tells you to add that additional time to the 6 month estimate, as that estimate is for completed packets. So realistically you would be looking at closer to 8 months. If you are able to get the DNA submitted as part of the appeal then you have a good chance of being approved. 

We have sent brief with appeal.  We been told it will take 6 month max to reply. Thats why we are not refiling. We can refile if we get denied again or can move forward if we get approved. 6-8 months wouldnt hurt that Much I guess   

[Going through 5,668]

I agree---considering the amount of time you've waited thus far to get to this point, another 6-8  months will feel like a walk in the park, so to speak.  Hopefully it all works out, if not the option to refile is there.

[Rasel_Cool 22]

3 minutes ago, Going through said:

I agree---considering the amount of time you've waited thus far to get to this point, another 6-8  months will feel like a walk in the park, so to speak.  Hopefully it all works out, if not the option to refile is there.

Yes. Thanks for this reply. Thats the one comment i been waiting for since i posted  

[Rasel_Cool 22]

Update:

 

Just got call from local dna lab (usa approved) to submit fees for dna. They will give date of DNA when we submit fees. Should get dates within a week. 

 

Appealed on 7 th november. 9 days almost passed after appealing and if we can send report within 10 days more it would be total 19 days delay of submitting DNA report for appeal.  

 

I hope everything goes well 

[Rasel_Cool 22]

Update: Got Received Mail 

 

Case Was Received

On November 7, 2019, we received your Form EOIR-29, Notice of Appeal from Decision of District Director, Receipt Number WAC*************************, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 7, 2019, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[Rasel_Cool 22]

On 11/16/2019 at 2:11 AM, Going through said:

I agree---considering the amount of time you've waited thus far to get to this point, another 6-8  months will feel like a walk in the park, so to speak.  Hopefully it all works out, if not the option to refile is there.

What does it mean

[Going through 5,668]

 

50 minutes ago, Rasel_Cool said:

What does it mean

They updated the date of birth info for your case.

 

 

[Rasel_Cool 22]

1 minute ago, Going through said:

 

They updated the date of birth info for your case.

 

 

I mean i know that. But it was always the same. Why have they updated now? Does it mean case process started or something like that?   

[Going through 5,668]

The processing would have started around the 7th when they received your appeal package.  Best of luck with it.

[Rasel_Cool 22]

On 11/22/2019 at 1:47 AM, Going through said:

The processing would have started around the 7th when they received your appeal package.  Best of luck with it.

I found it in this forum 

[Rasel_Cool 22]

DNA sample delivered today

[ihsan 7]

On 11/27/2019 at 9:17 PM, Rasel_Cool said:

DNA sample delivered today

That was quick , now lets hope everything goes ok.

[Rasel_Cool 22]

11 minutes ago, ihsan said:

That was quick , now lets hope everything goes ok.

Q.  What happens when I file an appeal to the AAO?

A.  When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether to take favorable action and grant the requested immigration benefit. During this “initial field review,” the reviewing office will either treat the timely appeal as a motion to reopen or a motion to reconsider and approve the application or petition; or forward the appeal and the related record of proceedings to the AAO to issue a new decision.

[Nitas_man 3,100]

On 10/17/2019 at 1:06 PM, Rasel_Cool said:

The letter says a new petition is required.

 

This decision is based on the evidence you provided, and there is no opportunity to provide any new evidence.

 

My view:  You are wasting money and time filing an appeal here.

Edited November 29, 2019 by Nitas_man

[Rasel_Cool 22]

1 hour ago, Nitas_man said:

The letter says a new petition is required.

 

This decision is based on the evidence you provided, and there is no opportunity to provide any new evidence.

 

My view:  You are wasting money and time filing an appeal here.

The letter says if u disgree with the decision and more additional evidence that show the decision is incorrect u may appeal within 30 days.dont know where u saw the letter says u need a new petition. Weird