$585!! 2 prev marriages= 2 div decree's!!
#16
Account Closed
Joined: Mar 2004
Posts: 2
Re: $585!! 2 prev marriages= 2 div decree's!!
For an appeal you really need a lawyer, and from what I have read it would take longer.
#17
Just Joined
Thread Starter
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
Re: $585!! 2 prev marriages= 2 div decree's!!
I appreciate all of your responses. As you might imagine, I am quite distraught at the prospect of 5 months wasted. :-(
#18
Re: $585!! 2 prev marriages= 2 div decree's!!
When I filed an I-129F back in 2003 for my fiance, it took 5 months for the I-129F approval, but then he was stuck in security checks at NVC for 4 more months. Everyone who had started around the same time I did was passing me by, spending only a few days or a week at NVC. It was VERY hard waiting those extra 4 months for his security check to clear so we could get on with the actual visa application part.
I'm just saying I totally understand how frustrating it is to have to wait any longer than necessary. But sometimes it can't be helped, and just realize that you'll have the rest of your lives together when this is all done.
Rene
#19
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: $585!! 2 prev marriages= 2 div decree's!!
Ian
#20
Re: $585!! 2 prev marriages= 2 div decree's!!
m_j,
You seem to be under the mis-impression that filing the motion puts your petition back where it left off, being adjudicated. It doesn't. It puts your case at the bottom of a pile waiting to have the motion considered.
So yes, it's faster to start over with a new petition. The 5 months spent on the old petition is already in the trash.
Regards, JEff
You seem to be under the mis-impression that filing the motion puts your petition back where it left off, being adjudicated. It doesn't. It puts your case at the bottom of a pile waiting to have the motion considered.
So yes, it's faster to start over with a new petition. The 5 months spent on the old petition is already in the trash.
Regards, JEff
Well, I am angry about the money, but in the grand scheme of things, it's not as important as time. Is it really faster to start all over again than to file the I-290B? Especially if my congressman intervenes? That would mean throwing 5 months in the trash. :-(
This seems SO totally wrong, over a simple paperwork goof.
This seems SO totally wrong, over a simple paperwork goof.
#21
Just Joined
Thread Starter
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
Re: $585!! 2 prev marriages= 2 div decree's!!
m_j,
You seem to be under the mis-impression that filing the motion puts your petition back where it left off, being adjudicated. It doesn't. It puts your case at the bottom of a pile waiting to have the motion considered.
So yes, it's faster to start over with a new petition. The 5 months spent on the old petition is already in the trash.
Regards, JEff
You seem to be under the mis-impression that filing the motion puts your petition back where it left off, being adjudicated. It doesn't. It puts your case at the bottom of a pile waiting to have the motion considered.
So yes, it's faster to start over with a new petition. The 5 months spent on the old petition is already in the trash.
Regards, JEff
But then again, I'm a programmer, not a bureaucrat.
#22
Just Joined
Thread Starter
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
Re: $585!! 2 prev marriages= 2 div decree's!!
With all due respect, it sounds as though you don't have the temperment to have "a job like that". You're mad at USCIS because *you* made a mistake - but it is *not* their job to fix your mistakes. And if you had "a job like that" and were to receive hundreds of files each day, I daresay you'd be hard pressed to find "10 minutes" to second-guess why someone included the evidence they did.
I think that's the problem... people who work for the govt. don't see their jobs as customer service jobs. That, and they've forgotten who pays their salaries.
#23
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: $585!! 2 prev marriages= 2 div decree's!!
That, and they've forgotten who pays their salaries.
Ian
#24
Re: $585!! 2 prev marriages= 2 div decree's!!
m_j,
Have they? It's the applicants and petitioners who pay their salaries, which does not make them beholden to give the applicant or petition the answer they want.
Regards, JEff
Have they? It's the applicants and petitioners who pay their salaries, which does not make them beholden to give the applicant or petition the answer they want.
Regards, JEff
#25
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: $585!! 2 prev marriages= 2 div decree's!!
Well, I am angry about the money, but in the grand scheme of things, it's not as important as time. Is it really faster to start all over again than to file the I-290B? Especially if my congressman intervenes? That would mean throwing 5 months in the trash. :-(
This seems SO totally wrong, over a simple paperwork goof.
This seems SO totally wrong, over a simple paperwork goof.
Yes, it is quicker.
Also, I find your scenario confusing. Your initial filing did not comply with the instructions. You had to provide proof of the end of "each" prior marriage. A required document was missing. The CIS spotted your error and sent you a "letter" [aka the RFE] which told you then needed proof regarding "all" prior marriages. Again, you again failed to provide the needed documents.
You made a mistake, not once, but twice. Fortunately, this is "without prejudice" to a new application. If you were my client [which you are not], that is what I would do.
BTW, there are several precedent BIA cases in the I-130 arena which allow for second filings, even if you think the CIS was wrong. CIS will have the right to examine your first filing and they will see no negative evidence, just a failure to provide evidence.
#26
Just Joined
Thread Starter
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
Re: $585!! 2 prev marriages= 2 div decree's!!
I thought govt. employees were paid by our taxes. I would doubt that the fees collected through submission of immigration forms are enough to cover their salaries and benefits.
#27
Just Joined
Thread Starter
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
Re: $585!! 2 prev marriages= 2 div decree's!!
Hi:
Yes, it is quicker.
Also, I find your scenario confusing. Your initial filing did not comply with the instructions. You had to provide proof of the end of "each" prior marriage. A required document was missing. The CIS spotted your error and sent you a "letter" [aka the RFE] which told you then needed proof regarding "all" prior marriages. Again, you again failed to provide the needed documents.
You made a mistake, not once, but twice. Fortunately, this is "without prejudice" to a new application. If you were my client [which you are not], that is what I would do.
BTW, there are several precedent BIA cases in the I-130 arena which allow for second filings, even if you think the CIS was wrong. CIS will have the right to examine your first filing and they will see no negative evidence, just a failure to provide evidence.
Yes, it is quicker.
Also, I find your scenario confusing. Your initial filing did not comply with the instructions. You had to provide proof of the end of "each" prior marriage. A required document was missing. The CIS spotted your error and sent you a "letter" [aka the RFE] which told you then needed proof regarding "all" prior marriages. Again, you again failed to provide the needed documents.
You made a mistake, not once, but twice. Fortunately, this is "without prejudice" to a new application. If you were my client [which you are not], that is what I would do.
BTW, there are several precedent BIA cases in the I-130 arena which allow for second filings, even if you think the CIS was wrong. CIS will have the right to examine your first filing and they will see no negative evidence, just a failure to provide evidence.
#28
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: $585!! 2 prev marriages= 2 div decree's!!
Actually, I have had several customer service jobs in my life. I've always taken great pride in taking care of the customer's needs to the very best of my abilities (and even now, in the IT field, there is some customer service involved, and I always get rave reviews in that regard). **ESPECIALLY** in the IT field, I could not even *begin* to tell you how many times I have had to walk people through things that were 100% their own fault. Part of what made me good at that is that I am very empathetic, and realize that everyone makes mistakes, has a learning curve, and so on.
I think that's the problem... people who work for the govt. don't see their jobs as customer service jobs. That, and they've forgotten who pays their salaries.
I think that's the problem... people who work for the govt. don't see their jobs as customer service jobs. That, and they've forgotten who pays their salaries.
Well said. However, it is not original. There is the old joke in government circles -- "This is not Burger King. You can't have it your own way."
#29
Re: $585!! 2 prev marriages= 2 div decree's!!
Jim
Unfortunately the way the system works is that you are sent a RFE. If you respond incorrect, or don't respond at all (whether by design or neglect (some people never receive it in the mail), it is a response and as such USCIS does not feel that it needs to send you notification that you responded incorrectly or didn't respond at all.
It is easy for me to say that common sense would say provide them with every divorce decree or marriage certificate you have because CS tells me that they will need to see the paper trail through the many marriages and divorces you have had or then again CS might say at it did to you, the latest divorce decree proves I am eligible to marry again so that is all they require.
Frustrating. Damn straight it is.
You had your day of anger and got it out of your system (I hope) now complete the forms again and dispatch by registered return receipt requested mail or some such method that generates receipt and go from there.
It will get done.
Unfortunately the way the system works is that you are sent a RFE. If you respond incorrect, or don't respond at all (whether by design or neglect (some people never receive it in the mail), it is a response and as such USCIS does not feel that it needs to send you notification that you responded incorrectly or didn't respond at all.
It is easy for me to say that common sense would say provide them with every divorce decree or marriage certificate you have because CS tells me that they will need to see the paper trail through the many marriages and divorces you have had or then again CS might say at it did to you, the latest divorce decree proves I am eligible to marry again so that is all they require.
Frustrating. Damn straight it is.
You had your day of anger and got it out of your system (I hope) now complete the forms again and dispatch by registered return receipt requested mail or some such method that generates receipt and go from there.
It will get done.