sherif23

Hello everyone

I have posted a while back regarding our case. We were basically denied I-130 after initial approval. the letter stated that we did not submit the correct passport photo style

so 8 months and $355 later, we are trying to do it on our own, fired the lawyer that pretty much ignored us and said that he did nothing wrong

C. information about your alien relative/list all children: we have a daughter that was born right after we filed the first time, and we have obtained a US passport for her through my wife the petitioner, do we mention her name in those few lines, since we are submitting the counselor birth record as well.

D. Other information:

Have you ever filed a petition for this or any other alien? well, we do have to say YES now, but how much info do we provide, just my name the filing location and it was denied, since i am pretty sure they have record of what has transpired

Thank you

Also, we had sent it to the VCS, but from what I have read everything goes to chicago lockbox now????

did you send the right size us passport 2x2 white back round, name on the back alien reg number date, in pencil.

Yes I did.. but the lawyer sent them my photo

they wanted my wife's - and thats what the RFE asked for

pushbrk - Thanks for the note, I figured it would be a fresh 6 months and thats something we can manage

If your wife moves to Cairo I believe the DCF requirements are 6 months legal permanent resident in that country. If she stays there for taht 6 months and then files it could be a shorter process than if she stays in the US and decided to re-file. If she moves to Cairo, and decided to file normally through the US she can do that too as long as she has an American address (maybe her parents or a sibling) to have the mail correspond too. I'm sorry this happened with your lawyer. Thanks to VJ there are many many people that do this whole process sans lawyer. Don't let it intimidate you. If you think you can follow the guides by yourself I'd recommend that. It's always hard to put your future into someone else's hands. Good luck!

Thank you Sarah -

The irony is that it is not a terrible reason like " you lack evidence to prove it is a good marriage)

yet, it is devstating to lose out on those 7 months having to resort to watching my little girl grow on the webcam

my wife was living with me for over 6 months before she went back to the US ( Family tax business, so they are in seaon) and she is Egyptian as well, so the 6 months resideny is not a problem

Thanks for reading

My wife is now planning to bring our child and come live with me here in Cairo. She is an Egyptian as well, ( US born)

Since the appeal is not an option, shall I just wait and file directly with the consulate when they are up and running

I just do not know if he will assume the charge and pay for the second filing or not

I have not approached him yet, because I need to figure out everything and avoid going off on him

No, you don't have grounds for an appeal. You're better off filing again. However, your description is confusing. USCIS is pretty lax on the size of the photos as long as they get them with the petition or they arrive within the time allowed. If they arrived late, and you got them to your lawyer in time, take it up with your lawyer. If it's his fault, have him pay the new filing fee and do the second filing at no additional charge. If it was your fault, then take your medicine.

Gentlemen -

When they requested the RFE - apparently he sent them the wrong picture ( he sent mine as the beneficiary) my wife's pictures as the beneficiary

it does smell fishy, because he did not even know it was denied, according to him for the last three months, we are waiting for everything to go to the NVC. My wife called asked for the Tier II support and went off on them which got the denial mailed the very next day

The denial letter acknowledges that we sent the response to their RFE in time, but we sent the wrong picture

We lost 7 months, and now the filing is up from $355 -

I had posted a couple of weeks ago regarding our case

My wife had applied the I-130 for us back in August 2010 from NY.

in Octomber - We received the RFE for the missing passport style photpograph, strange it was sent already

We send it again to the lawyer, and he sent the packet back to immigration within the allowed time frame

December case was approved, repoened the same day then denied - Then for three months we got nothing,

Sadly, The denial states that we did not submit the required photograph for my wife -

Sometimes we get so consumed with immigration errors and shortcomings that we see nothing else.

They denied us on reasonable grounds, they requested the pictures and we sent the wrong set.

Did I do the wrong thing to trust our lawyer blindly to submit all the required evidence..? I dont even think we have grounds for an appeal -

has no one else ever heard of a case get approved and reopened the same day

then denied a week later

they finally sent me the automatic email this morning that the denial notice is in the mail after almost three months from the december 15th initial

approval

any thoughts, i mean what would make immigration re-open the case same day?

Hello All

I had posted a week a go or my case and I just want to list my case history and inquire about similar experiences

- granted a temporary green card Oct 2004 through marriage

- Marriage was later terminated March 2006

- Interview August 2007 and nothing

- Moved in NY - another interview 2008 and nothing again - just another 1 year stamp renewal on the passport

- got married again April 2008

- Moved to Egypt August 2009 (basically, we got a great career opportunity so figured why not give it a chance) mind you that my stamp was still getting renewed

- January 2010 - Notice of deportation, WHAT the**** - apparently I had a third interview set and I never showed up (even though that interview notice arrived in the mail)

- One lawyer told me we can fight to revive your old i-751 since you have been in temporary status for close to 5 years but we move back to the US ( not an option, wife was pregnant and I just started a job here in Cairo, another said your wife can show up to court and just ask them to close the case - I had to prove that I am not physically in the US hiding and that I had voluntarily left the US. The judge closed the case with no issues.

- August we filed that infamous I-130 from NY.

- October - INS requested copies of the divorce and passport style photographs (what a joke, it was included in the original packet) but of course, we complied as usual

- December 15th, an email that we approved the case and mailed you a notice, then nothing, month after month we call and they tell us, you can filed i-824 app for an action on an approved notice, but that is it. NVC got nothing.....

- YESTERDAY - my wife calls them, and apparently she went off on the ISO, that she wants her husband here and that time is being delayed and no one is telling us anything

According to the ISO screen, the case was approved December 15th, re-opened December 15th, denied December 22nd but no notice was ever sent

they she told my wife that she will email the Vermont center on our behalf, so we can at least understand if we need to submit anything or file an appeal - just get an answer

I do not know what the ISO email can mean, but I have lost faith by now

Thanks for reading my words

You say the RFE requests passport photos and copies of your divorce. Not sure why you mention "joint documents". Did the RFE also ask for "joint documents"?

RFE did not ask for joint documents, and within few weeks of sending the documents, i received the email that we were approved

but now, my wife called since the approval letter never came or even reached the NVC - and after getting transferred to an officer, he said

the decision was reversed a week later

we were blessed with an addition to our family of a baby girl, but that was after we filed, can i send her birth certificate now

I mean it keeping me up at night, they wont send the approval or the denial for that matter

any other thoughts

i mean i am not quite sure how to repond to them now, when they requested evidence, they never asked for the joint documents

does the case ge reviewed by a supervisor, is this why my decision was reveresed in less than a week

my other frustation is that i have to receive the denial letter almost three months later

INS is No longer USCIS is in action now name has changed for years. The period who adjudicated your case seemed to not have paid attention to what he/she was doing and that your petition was not submitted with the initial evidence. Passport photos of the applicant/spouse has long been requested and was in effect in August 2010. The copy of the divorce certificate should have been included when the petition was being submitted.

It's certainly not a first because there are instances where cases will make it to the NVC and they will send it back to USCIS for review. It's fixable it seems and all that you need to do is respond to their request for evidence.

best for your case.

thank you for reading my case - they were submitted initially, just not the joint documents

I know its not INS, but I used to that name

would they actually give me the opportunity to submit the evidence, or will this be done through an appeal

Hello all

to sum it all - this is what the INS websites states on our case, my wife is a US citizen and I am an Egyptian Citizen

She filed I-130 August of 2010 - Vermont service center

they sent us an RFE wanting passport photographs and copies of my divorce,

what is odd is that they never requested evidence of the joint documents, and we actually made the mistake of not sending it in the first place -

Post Decision Activity

On December 15, 2010, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283

I dont know if this happened to anyway, but I have been pushing my lawyer to follow up, and my wife actually called the 1800 number asking to speak to an officer, because NVC has yet receive our case

I think this is a FIRST, correct me if I am wrong, but the INS officer said and I qoute " THIS IS VERY STRANGE, your I-130 was approved on Decembe 15th, but the decision was reversed on December 22nd) we received nothing, not an approval or a denial