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Kimidoko

<< Need your advice>> I-130 denied/ How to reapply I-130??

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Filed: IR-1/CR-1 Visa Country: Japan
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Hi guys🙂

 

I need your advice and want to learn from your experience. 
 

We(🇺🇸🇯🇵👫🏻)  received a letter from USCIS an it said that they denied our case due to submission over due of RFE

I almost fainted when I heard the reason from my husband because.... my husband clearly respond their requirement and sent additional docs to their office!!!

 

In my husband’s opinion, they might lost the package somewhere in their office or the package just didn't reach to their office by some reasons.... (he was quite clam and said ”mail lost” always happened in US😑)
 

The letter mentioned USD 630 for appealing but there is no guarantee that USCIS change their judgment so we are thinking about to reapply.

What we want to learn is following points.

 

1: whether we need to write additional letter to explain the reason of reapplication or not

2: What kind of docs would be preferable to add 


Here is our case history ------------------------------

 

End of Apr. 2019 : Application sent to USCIS

May.7.2019 :  NOA1 (Nebraska) 

Mar.2020 : initial review 

Apr.23.2020 : Case Transfer notice ( from Nebraska to Texas)
May.17.2020 : RFE

Jun.12.2020 : Sent additional docs to Texas office

Oct.30.2020 : Denial letter 

---------------------------------------------------------------------


To be honest, I still hard to believe that our docs got lost somewhere.. 😭😭😭

(And mail lost never happen in Japan so totally doesn’t make sense for me😂)

But we need to move forward so it’s be really helpful if you could share your experiences and knowledge with us!! 🙋🏻‍♀️🙇🏻‍♀️
 

Stay safe everyone!!

Kimidoko 

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Filed: Citizen (apr) Country: Morocco
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An RFE has a period of time in which to respond and looks like he did

and i hope he kept proof that he sent it out in time

always good to send return receipt or keep the USPS receipt that shows or send UPS or fedex

if he has proof he sent the documents in,  he can reopen the case

usually the mistake an applicant makes is they do not label the documents with case #,  both names and both DOB's in the upper right hand corner of each and every page and USCIS has no idea what to do with the information so check that out by asking him

and he should always keep a copy of what he mails or scans to them 

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Filed: IR-1/CR-1 Visa Country: Japan
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13 hours ago, JeanneAdil said:

An RFE has a period of time in which to respond and looks like he did

and i hope he kept proof that he sent it out in time

always good to send return receipt or keep the USPS receipt that shows or send UPS or fedex

if he has proof he sent the documents in,  he can reopen the case

usually the mistake an applicant makes is they do not label the documents with case #,  both names and both DOB's in the upper right hand corner of each and every page and USCIS has no idea what to do with the information so check that out by asking him

and he should always keep a copy of what he mails or scans to them 

he didn't keep USPS receipt when he sent additional docs so there is no physical evidence  to prove  he respond it...

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Filed: Citizen (apr) Country: Morocco
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2 hours ago, milimelo said:

Well if you don't have proof the only other option is to start over with a new I-130 - you can file it online. 

OP

and this time keep a copy of everything you send to immigration and i mean everything /otherwise you r cheating yourself

when you are asked to send additional evidence and /or scan documents to NVC physically write the case #,  both names and both DoB's in the upper right hand corner of each page before you submit them 

thousands of documents are coming in the NVC computers daily and yours can be mixed in with others /the officers are not going to have time to pick and poke to place one with your case if it is not ID'd

so very sorry for this delay and your heartbreak over this 

and wishing you good results in the future

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Filed: Other Country: India
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6 hours ago, Kimidoko said:

he didn't keep USPS receipt when he sent additional docs so there is no physical evidence  to prove  he respond it...

You can probably contact the USPS and figure out the receipt, if you know date when you booked the shipment and payment details etc. Just a thought, I personally have never done it though.

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Filed: Timeline
On 11/6/2020 at 8:47 AM, Kimidoko said:

It's really sad but couldn't trace it that's why I ask some advice about reapplying it

Another thing to consider is you only get one chance to respond to the RFE. The RFEs and denial notices they use with RFEs are all very generic. For example you could get an RFE asking for a birth certificate. You are confused because you sent the birth certificate with the original mailing. So you send the same birth certificate again. You are then denied for failing to respond to the RFE. This can be because the problem wasnt that they didnt get your first birth certificate or the second birth certificate. The problem is theres something wrong with the birth certificate you sent originally, so it wasnt fixed when you sent the same one again. 

 

Anytime you get an RFE you have to read the wording on it carefully. As I said its typically cut and paste generic formats. You have to examine carefully what you sent if they are asking for it again because that means it was either lost or it was not acceptable for some reason. Could be it needed the seal or some places have long form birth certificates in addition to short form ones.  

 

If they were asking for something new that you didnt include in the original submission you have to check that what you sent was correct because if it wasnt you will get the failed to respond to RFE. Failed to respond means you didnt send the correct thing they asked for (so either they got nothing back from you because the mail was lost) or they did get something back but it wasnt the correct thing they asked for./

Edited by Villanelle

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Filed: IR-1/CR-1 Visa Country: Japan
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9 hours ago, Villanelle said:

Another thing to consider is you only get one chance to respond to the RFE. The RFEs and denial notices they use with RFEs are all very generic. For example you could get an RFE asking for a birth certificate. You are confused because you sent the birth certificate with the original mailing. So you send the same birth certificate again. You are then denied for failing to respond to the RFE. This can be because the problem wasnt that they didnt get your first birth certificate or the second birth certificate. The problem is theres something wrong with the birth certificate you sent originally, so it wasnt fixed when you sent the same one again. 

 

Anytime you get an RFE you have to read the wording on it carefully. As I said its typically cut and paste generic formats. You have to examine carefully what you sent if they are asking for it again because that means it was either lost or it was not acceptable for some reason. Could be it needed the seal or some places have long form birth certificates in addition to short form ones.  

 

If they were asking for something new that you didnt include in the original submission you have to check that what you sent was correct because if it wasnt you will get the failed to respond to RFE. Failed to respond means you didnt send the correct thing they asked for (so either they got nothing back from you because the mail was lost) or they did get something back but it wasnt the correct thing they asked for./

We sent copy of Birth Certificate which was issued by State of Texas when we applied. Then we received RFE. Acc to my husband, they wanted to check my husband’s US passport copy so he sent a copy of his US passport as requested.

The denial letter said that they didn’t received docs within submitting due of RFE.

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