Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

$585!! 2 prev marriages= 2 div decree's!!

$585!! 2 prev marriages= 2 div decree's!!

Old Sep 1st 2009, 10:30 am
  #16  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 34,078
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default 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.
Boiler is offline  
Old Sep 1st 2009, 12:28 pm
  #17  
Just Joined
Thread Starter
 
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
michigan_jim is an unknown quantity at this point
Default 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. :-(
michigan_jim is offline  
Old Sep 1st 2009, 12:38 pm
  #18  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,337
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
I appreciate all of your responses. As you might imagine, I am quite distraught at the prospect of 5 months wasted. :-(
Totally undestandable.

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
Noorah101 is offline  
Old Sep 1st 2009, 1:21 pm
  #19  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
Well, if *I* had a job like that, it would be OBVIOUS that the petitioner misread the RFE, so yes, I would send a brief letter stating WHICH divorce was being referred to. I would find 10 minutes in my day to do this, and I would expect someone else to do the same.
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.

Ian
ian-mstm is offline  
Old Sep 1st 2009, 3:33 pm
  #20  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default 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


Originally Posted by michigan_jim View Post
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.
jeffreyhy is offline  
Old Sep 1st 2009, 4:06 pm
  #21  
Just Joined
Thread Starter
 
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
michigan_jim is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by jeffreyhy View Post
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
Sadly, I am getting the impression that this is indeed the case. I guess that's what really bothers me, that one very small (and easily/quickly correctible) mistake makes you have to start all over again. If I were to design a processing system, it *would* put you back where you left off.

But then again, I'm a programmer, not a bureaucrat.
michigan_jim is offline  
Old Sep 1st 2009, 4:13 pm
  #22  
Just Joined
Thread Starter
 
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
michigan_jim is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by ian-mstm View Post
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.
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.
michigan_jim is offline  
Old Sep 1st 2009, 4:29 pm
  #23  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
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.
Fair enough... what if you had hundreds of people doing that all day... asking you to help them? How would you get any other work done? I'm not suggesting that what you do isn't worthwhile, I'm suggesting that you consider how quickly overwhelmed by the task you'd become.


That, and they've forgotten who pays their salaries.
With USCIS, expenses are paid through a cost-recovery system... that is to say, via the fees collected for the various applications. You pay for the processing. Whether the application is approved or denied, it was processed. Your case was processed and was deemed insufficient. It's easier to start over, as others have suggested.

Ian
ian-mstm is offline  
Old Sep 1st 2009, 4:43 pm
  #24  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default 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


Originally Posted by michigan_jim View Post
That, and they've forgotten who pays their salaries.
jeffreyhy is offline  
Old Sep 1st 2009, 4:47 pm
  #25  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
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.
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.
Folinskyinla is offline  
Old Sep 1st 2009, 4:51 pm
  #26  
Just Joined
Thread Starter
 
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
michigan_jim is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by jeffreyhy View Post
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.
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.
michigan_jim is offline  
Old Sep 1st 2009, 4:52 pm
  #27  
Just Joined
Thread Starter
 
Joined: Aug 2008
Location: Belleville, Mich.
Posts: 26
michigan_jim is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by Folinskyinla View Post
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.
Do I have to officially "abandon" this case to start over, or does the fact that it was denied serve that function?
michigan_jim is offline  
Old Sep 1st 2009, 4:52 pm
  #28  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
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.
Hi:

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."
Folinskyinla is offline  
Old Sep 1st 2009, 4:53 pm
  #29  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 44,385
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default 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.
Rete is offline  
Old Sep 1st 2009, 4:54 pm
  #30  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: $585!! 2 prev marriages= 2 div decree's!!

Originally Posted by michigan_jim View Post
Do I have to officially "abandon" this case to start over, or does the fact that it was denied serve that function?
Hi:

Abandon what case? The only case you mentioned is the I-129F that was completed by its denial.
Folinskyinla is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.