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

[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.

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 ?

Edited November 15, 2019 by Penguin_ie

[geowrian 22,335]

* Moved from US Immigration News to Bringing Family Members of PRs to America *

 

Best to file a new I-130 and include a DNA test (instructions for it are in the I-130 instructions - you can't just go anywhere for it, it needs to be an AABB facility).

An appeal would need to show that their decision was incorrect based upon the evidence presented to them at the time.

Edited October 13, 2019 by geowrian

[Rasel_Cool 22]

21 minutes ago, geowrian said:

* Moved from US Immigration News to Bringing Family Members of PRs to America *

 

Best to file a new I-130 and include a DNA test (instructions for it are in the I-130 instructions - you can't just go anywhere for it, it needs to be an AABB facility).

An appeal would need to show that their decision was incorrect based upon the evidence presented to them at the time.

Will they ask for DNA in next letter or do we have to appeal ourselves?

[designguy 1,179]

Just now, Raselahmed786 said:

Will they ask for DNA in next letter or do we have to appeal ourselves?

Your case was denied, there is no next letter. As was stated the appeal is probably futile, you should file the I-130 again with DNA evidence

[Rasel_Cool 22]

Just now, designguy said:

Your case was denied, there is no next letter. As was stated the appeal is probably futile, you should file the I-130 again with DNA evidence

""We sent you a denial notice that explains why we denied your case and your options.""" I mean what options will the give me . Thats what i want to know. 

[designguy 1,179]

1 minute ago, Raselahmed786 said:

""We sent you a denial notice that explains why we denied your case and your options.""" I mean what options will the give me . Thats what i want to know. 

Appeal or refile are your options

[Rasel_Cool 22]

Just now, designguy said:

Appeal or refile are your options

thank u so much.. in that refile option they "might" ask to submit DNA ryt ? in that case we dont have to appeal or anything ryt ?

[designguy 1,179]

2 minutes ago, Raselahmed786 said:

thank u so much.. in that refile option they "might" ask to submit DNA ryt ? in that case we dont have to appeal or anything ryt ?

First wait for the denial letter to come to be sure. Refiling is starting the process from the beginning, its not that there is some checkbox saying "refile". Its your responsibility to fill out the documents, pay, and file again. IMHO it would be foolish to file again without DNA, as it seems your evidence from the documents provided is too weak 

[JMPM 507]

Is there a concern that if you file a DNA test with the next i130  that it won't establish a relationship?

[Rasel_Cool 22]

5 minutes ago, JMPM said:

Is there a concern that if you file a DNA test with the next i130  that it won't establish a relationship?

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 

[Andy & Val 493]

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.

[Rasel_Cool 22]

Just now, 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.

Yah. Lawyer said not needed dna

[Andy & Val 493]

7 minutes ago, Raselahmed786 said:

Yah. Lawyer said not needed dna

Majority of cases here in my country under your category are requested to provide one.

I guess that's the norm.

 

Edit: Don't know why a good number of these so-called lawyers keep screwing up people's cases...smh!

We see their handiwork almost on a daily.

Edited October 13, 2019 by Andy & Val

[JMPM 507]

6 minutes ago, Andy & Val said:

Majority of cases here in my country under your category are requested to provide one.

I guess that's the norm.

 

Edit: Don't know why a good number of these so-called lawyers keep screwing up people's cases...smh!

We see their handiwork almost on a daily.

I'm anti lawyers that have no trial experience. It seems like those are the amateurs form fillers. Even then I'm skeptical. 

[Andy & Val 493]

3 minutes ago, JMPM said:

I'm anti lawyers that have no trial experience. It seems like those are the amateurs form fillers. Even then I'm skeptical. 

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.