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Rasel_Cool

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

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Filed: FB-2 Visa Country: Brazil
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13 minutes ago, Future Us Citizen said:

First question is, did you submit what they asked you for on the rfe they sent you? Because you stated you sent them..If you did then yes you can appeal with the proof of postal date and copy of the items you sent in...If you file another i130 you will have a new priority date and you are back in the line for the visa as a new 2021 applicant..it's a ways of time and money...what did the letter they sent you asked for you to send in? And what did you send in?

please read full thread comments. its a detail thread from the beginning 

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Filed: FB-2 Visa Country: Brazil
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Catagrory f2b.

 

i130 case was denied 2.5 years ago. Then appealed. Appeal got dissmissed 1 month ago. 

 

Now i want to know Can i file motion to reopen now ?

 

i130 was denied due to not sending enough evidence to establish a relation.

 

now we have more than enough evidence including DNA. 

 

So can we file motion to reopen after 2.5 years of case denial and appeal dismissal? 

 

Note: Money is not issue here. We are ready to spend.  So dont say everything will be exoensive.We already refiled. but it will take anothrr 7-8 years. where running case already 5 years.  so dont wanna wait again. We want to try if we can reopen this case. 

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Filed: Citizen (apr) Country: Morocco
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i can not answer about reopening the case 

but i see the time here would be considerable for your case already ,  so is the green card holder near applying for citizenship as that could be the way to go if you have DNA and all  /  just thinking out loud

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Filed: F-2A Visa Country: Nepal
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Commenting while pretending not knowing your previous posts:

1. You cannot file motion to reopen regarding uscis denial as its already 2.5 years.

2. You can file motion to reopen or reconsider regarding the dismissed appeal. 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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  • Ontarkie changed the title to I130 Case Denied after sending RFE | f2a & f2b, now appealing (merged)
Filed: Citizen (apr) Country: Canada
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~~Related topic merged. PLease keep all related question to one thread. members need to know the whole story to give you the best possible advice.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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On 10/13/2019 at 6:09 AM, Rasel_Cool said:

Yah. Lawyer said not needed dna

Considering the reason for your denial, it was due to lack  enough evidence to prove the relation which could have been prevented through a DNA. I filed for my mom and was ask if I will like to do voluntary DNA and I accepted specially because my mom date of birth contradict. This will also minimize the chances of her being refused of a visa. In most case, when they ask of Voluntary DNA, it because they have seen something not adding up. Before now, I file for my kids without a lawyer and they were granted visa without requesting for voluntary DNA because all the evidence were cleared.  I do not trust lawyers because some of them just take your money but do nothing to really check your document to avoid contradiction. I did my citizenship by myself as well. 

 

my advice is that do not appeal because there is the rick of being denied again. It is better to apply again and  to do DNA.

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On 6/17/2021 at 1:37 PM, Rasel_Cool said:

now we have more than enough evidence including DNA. 

The time to provide it was when it was requested.  As noted once it gets to the BIA doing DNA isn't an option because you chose not to do it before.  You had to file it at the directors appeal.

On 6/15/2021 at 11:39 AM, Rasel_Cool said:

just finished talking to a lawyer. After reviewing everything he said he is gonna file motion to reopen and with the evidence i have provided he is confident the case will reopen. 

 

Thanks all I will update 

Do the lawyer

On 6/17/2021 at 1:37 PM, Rasel_Cool said:

Note: Money is not issue here. We are ready to spend.  So dont say everything will be exoensive.We already refiled. but it will take anothrr 7-8 years. where running case already 5 years.  so dont wanna wait again. We want to try if we can reopen this case. 

good because you can spend it.

On 6/17/2021 at 1:37 PM, Rasel_Cool said:

So can we file motion to reopen after 2.5 years of case denial and appeal dismissal? 

 

No you can not reopen.  You appeal but you have to follow the rules and there has to have been a misinterpretation of the law.

 

On 6/16/2021 at 11:14 AM, Rasel_Cool said:

please read full thread comments. its a detail thread from the beginning 

You really have made the thread so hard for anyone to read.  Hopefully you have learned to tag others rather than re-quoting yourself over and over.

 

If you had retained an attorney much earlier you would have saved so much grief and misunderstanding.  You could have re filed and probably have it done by now.

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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  • 4 weeks later...
Filed: FB-2 Visa Country: Brazil
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New update: 

 

we filed A new motion to reopen  and re consider for the decision of appeal denied. this time with the result of DNA which scientifically proves the relationship. 

 

in appeal they didn't consider dna report though we sent the receipt saying result will be there within few days. seems they totally ignored new evidence for one case and sent it to appeal jurisdiction.

 

Now we filed motion to reopen and reconsider for this appeal decision.

 

Hope that gets approved. Everyone pray for us. Thanks 

Edited by Rasel_Cool
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Filed: FB-2 Visa Country: Brazil
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On 7/13/2021 at 3:24 AM, SusieQQQ said:

You realize they are entitled to do this, right? Good luck with the MTR, anyway.

good news coming? Screenshot-20210717-212006-11zon-01.jpg

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Filed: FB-2 Visa Country: Brazil
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On 6/15/2021 at 2:10 AM, Paul & Mary said:

see the note 1 on the last page that you posted.  Was there an error in fact or in law?

what does it mean? pls check my last comment

 

On 6/15/2021 at 8:14 PM, arken said:

You have already made up your mind so do what you plan to do.

I am simply repeating my 2 cents:

Motion to reopen is based on new evidence that was not available or could not be obtained at the time when you were supposed to provide that. Note 1 on the dismissed appeal says they looked at the new evidence (dna) but they aren't accepting it because you could have provided or at least initiated the process of getting that when USCIS asked for it but you chose not to. So in my opinion, they already looked at that option and still rejected it.
 

Whoever reviews the motion to reopen will have access to the dismissed appeal for sure. It'll be very unlikely one party simply overrides the decision of an appeal board unless there was a serious mistake made.

 

Good luck.

what does it mean? pls check my last comment

On 6/18/2021 at 3:05 AM, arken said:

Commenting while pretending not knowing your previous posts:

1. You cannot file motion to reopen regarding uscis denial as its already 2.5 years.

2. You can file motion to reopen or reconsider regarding the dismissed appeal. 

 

what does it mean? pls check my last comment

On 6/20/2021 at 6:49 PM, osmosesnew said:

yes

what does it mean? pls check my last comment

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  • 1 month later...
Filed: FB-2 Visa Country: Brazil
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IMG-982b6c2e14833657fff329566700f151-V.j

 

Despite of tons of advise discouraging not to appeal or not to file motion. We did appeal and got dissmissed and then filed motion against appeal and now all our cases are reopened. If you are honest enough nothing is impossible. Peace!

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