reason for denial!!!!!

[Laura_Z 1]

lawyer got documents, they were missing the divorce papers that she swears she sent. she called and faught with them and said it's a mistake and they said they might have gotten lost. so please advice! should we send the motion for re-opening case or refile? which one is longer please help us !!!!!

[rebeccajo 14]

What does the lawyer want to do?

[Chica Yeyé 41]

Besides getting your lawyer to EARN her/his fee by doing a good job (man i get upset with lame lawyers!!!!!) - I would think you should send the required documents asap.

Good luck and hope this gets resolved.

L.

[Laura_Z 1]

What does the lawyer want to do?

re open case, she says it's faster but she is not certain. i have read somewhere that appealing denial can take longer than actual case. but maybe this is not really appealing. what do you think?

[JenT 0]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

[Chica Yeyé 41]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

[rebeccajo 14]

She is the one with a hotline number to the Service Center and access to a supervisor. She is supposed to know what to do - not you.

I wonder if she asked (when she phoned) if the file was still physically at the Service Center or if it had been packed off the premises yet.

Documents do get misplaced or lost from files - but it isn't often.

I can't believe she doesn't know what to do.............

[athena_ny 1]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

They did RFE (if I've followed the OPs million posts on the subject correctly) so the denial would have been for not receiving the ppw after the RFE, I assume.

[rebeccajo 14]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

[JenT 0]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

I wouldn't be paying that attorney......

[Laura_Z 1]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

she says we can choose but she advises to reopen. she says she called them and they just said it got lost. i don't know what to do , she was almost crying when she called me (in romania) and i told her past is past and we want posotive outcome. and that we are holding her responsible. so does anyone know how long it can take?

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

I wouldn't be paying that attorney......

ofcourse we are not paying her. she will have to pay 375 dollars to reopen file...

[rebeccajo 14]

Well from what I am coming up with in a VERY fast google, the NORMAL course of action would be to re-file.

But this case is DIFFERENT. The denial is agent error - and the agent (attorney) does have access to persons at the Service Center that we do not have.

Did the attorney give you an approximate turnaround time if you file to reopen?

[Laura_Z 1]

Well from what I am coming up with in a VERY fast google, the NORMAL course of action would be to re-file.

But this case is DIFFERENT. The denial is agent error - and the agent (attorney) does have access to persons at the Service Center that we do not have.

Did the attorney give you an approximate turnaround time if you file to reopen?

no she did not. she said that inside tha denial package she had a form that my fiance has to sign, the form for reopening case. but she says they also gave her the alternative of reapplying, she does not know how long it can take and she says she has had a case of work visa that reopened case and they won after 3 months....this is all info i have....when she forwards me the pages from the denial i will post them thank you for your interest and concerns!

[eric_and_teresa 10]

she says we can choose but she advises to reopen. she says she called them and they just said it got lost. i don't know what to do , she was almost crying when she called me (in romania) and i told her past is past and we want posotive outcome. and that we are holding her responsible. so does anyone know how long it can take?

Your lawyer was almost crying??!! What kind of lawyer is she?

If I were you, I'd consult a second opinion with a different lawyer, she failed to send the right papers the first time which caused you a RFE, and now they say they did not receive what she assures she did send. How can you be sure that she didn't fail this second time to send the right documents? Do you have a copy of the package she sent in response to the RFE? Your lawyer does not sound like a reliable person!

I'm so sorry you're going through this, the best you can do is check with another lawyer. I would no trust her anymore!

I hope you are able to solve this!

Good luck.

[Laura_Z 1]

she says we can choose but she advises to reopen. she says she called them and they just said it got lost. i don't know what to do , she was almost crying when she called me (in romania) and i told her past is past and we want posotive outcome. and that we are holding her responsible. so does anyone know how long it can take?

Your lawyer was almost crying??!! What kind of lawyer is she?

If I were you, I'd consult a second opinion with a different lawyer, she failed to send the right papers the first time which caused you a RFE, and now they say they did not receive what she assures she did send. How can you be sure that she didn't fail this second time to send the right documents? Do you have a copy of the package she sent in response to the RFE? Your lawyer does not sound like a reliable person!

I'm so sorry you're going through this, the best you can do is check with another lawyer. I would no trust her anymore!

I hope you are able to solve this!

Good luck.

oh god i don't know what to do , she thaught that we were going to scream at her and that is why she was not crying but very emotioned by our reaction, we just told her we are holding her responsible for the outcome and that we have to look forward. i don't know what to do. she sent me a copy of the letter she sent, where it stated she had sent the divorce papers. what to do? she said she will take it upon her to do this right...