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

[designguy 1,179]

56 minutes ago, Raselahmed786 said:

No. DNA is not a concern. It will prove the relationship. Im worried abt the process time. It took 3 months for denial reply. We dont knw how long we hv to wait after the dna test 

Well you will be starting from scratch now so its going to be quite a bit more than 3 months! Also F2A and F2B have completely different Final Action Dates

[Andy & Val 493]

4 minutes ago, designguy said:

Well you will be starting from scratch now so its going to be quite a bit more than 3 months! Also F2A and F2B have completely different Final Action Dates

I see your interview will be in the coming days.

Here's to hoping all goes according to plan.

Cheers!

[Going through 5,668]

Just to clarify---since you said you sent all the other documents requested---was the RFE responded to on time?  That can also be a reason why a case is denied.

[JeanneAdil 6,218]

They wanted DNA 

you didn't send it

there is no appeal for something when you didn't reply as requested

FYI an appeal takes as long as a new application

i appealed my case proved immigration CO wrong but it took about 13 months for a descision and it can take as long as 2 years

but you have no case for an appeal as you provided no evidence

 

Get the DNA evidence which is what they want and reapply

[Unlockable 7,306]

4 hours ago, Raselahmed786 said:

No. DNA is not a concern. It will prove the relationship. Im worried abt the process time. It took 3 months for denial reply. We dont knw how long we hv to wait after the dna test 

 

4 hours ago, Andy & Val said:

I really think had it been you did the DNA, you wouldn't have been where you are now.

A DNA test, even though expensive and might take time (months) before you get results, is worth it in your case.

I agree with @Andy & Val. Just give them what they ask for. I know DNA is expensive and time consuming but if you what to immigrate, you simply do as they say. I joking say that even if they ask for your 3rd grade school report on snails, just give it to them. But there is still some truth to that joke. 

 

Doing it right the first time will save a lot of time and money and stress.

[belinda63 2,981]

Since you have been denied you will have to refile. That means waiting for the priority date to become current. Rather than spending a few months waiting for the results of the DNA test now you can wait a few years for the visa to become available again.

 

[designguy 1,179]

3 minutes ago, belinda63 said:

Since you have been denied you will have to refile. That means waiting for the priority date to become current. Rather than spending a few months waiting for the results of the DNA test now you can wait a few years for the visa to become available again.

 

A PD can not be recaptured on a denied petition correct?

[SusieQQQ 11,584]

2 hours ago, Going through said:

Just to clarify---since you said you sent all the other documents requested---was the RFE responded to on time?  That can also be a reason why a case is denied.

This is a good question. For all those piling on the OP for not doing dna, he did say it was voluntary not required, so maybe an error of judgement but the “you didn’t give them what they wanted” statements maybe a bit harsh in context. Remember most people (1) do not hang out on VJ all day (2) would think a lawyer knows what they’re talking about.

 

from OP’s earlier comments I am not entirely sure he understood “refile” means do everything over again for a brand new petition, but hopefully he realizes that now. And yes dna to help eliminate doubt this time is advisable.

Edited October 13, 2019 by SusieQQQ

[Calicolom 265]

4 hours ago, Andy & Val said:

I don't know if it's only me, but in my time here at VJ so far, I am still to read one success story including lawyers.

Lawyer success stories are every day, win the case get paid, lose the case get paid. Doctor success story, surgery was a  success, patient died, still get paid. Working people success, Screw up the job, get fired. This is the way the lawyers, became politicians, set up this country, Lawyers never lose. 

[Cathi 5,614]

11 hours ago, Raselahmed786 said:

No. DNA is not a concern. It will prove the relationship. Im worried abt the process time. It took 3 months for denial reply. We dont knw how long we hv to wait after the dna test 

Well because you didn't send the DNA test that they requested, it is going to take a lot longer than 3 months. You have no appeal, you didn't send what they wanted. Now you have to start all over from the beginning. 

[lalinda.chica 1]

22 hours ago, Raselahmed786 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.

Catagory : f2b and f2a

They Wanted Additional documents to prove relation with petitioner such as birth effidevit, school cert etc and told to do dna voluntary.. We just sent documents and didnt do DNA . now case was denied. What will they ask now any guess? if they ask dna its fine. or they will ask anything else or do we have to appeal or anything ?

 

[lalinda.chica 1]

13 minutes ago, lalinda.chica said:

 

@Raselahmed786How long did it take you to respond to RFE? 

[ihsan 7]

This got me really worried. i had also received the RFE letter for DNA on 3rd june , and i did the test on 5th September , and the deadline to submit the RFE was on 28th September , and the test was done outside the united states . what if the test result has not reach on time to USCIS and they take the decision. 

[ihsan 7]

On 10/13/2019 at 11:26 AM, Raselahmed786 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.

Catagory : f2b and f2a

They Wanted Additional documents to prove relation with petitioner such as birth effidevit, school cert etc and told to do dna voluntary.. We just sent documents and didnt do DNA . now case was denied. What will they ask now any guess? if they ask dna its fine. or they will ask anything else or do we have to appeal or anything ?

Hi, sorry to hear this. can you tell me when you received the RFE letter? and when you submitted your response ? because the uscis also has time limit they give 90 days deadline. This got me really worried. i had also received the RFE letter for DNA on 3rd june , and i did the test on 5th September , and the deadline to submit the RFE was on 28th September , and the test was done outside the united states . what if the test result has not reach on time to USCIS and they take the decision. 

[lalinda.chica 1]

@ihsan

Hello, Why did they ask you DNA? Do you have the birthcertificate? Is it they only ask u DNA if you can't provide the birthcertificate?