Spouse denied

R

rezi

Registered Users (C)
Myself and daughter were approved more than a month ago. Today we got notice that my wife was denied. The reason was that we did not respond to an RFE. My attorney did not get any RFE and I did not get any.

We have 30 days to request for the case to be re-opened.

My attorney is suggesting that the 3 of us (myself, wife and he) send each an affidavid that we did not get an RFE.

Does anyone know what is the correct procedure to re-open the case? I'm sure their automated system made an error when sending the RFE.

I want to make sure that we do the right thing; we should not be wrong on this step.

thanks in advance for your help to everyone...
 
rezi said:
Myself and daughter were approved more than a month ago. Today we got notice that my wife was denied. The reason was that we did not respond to an RFE. My attorney did not get any RFE and I did not get any.

We have 30 days to request for the case to be re-opened.

My attorney is suggesting that the 3 of us (myself, wife and he) send each an affidavid that we did not get an RFE.

Does anyone know what is the correct procedure to re-open the case? I'm sure their automated system made an error when sending the RFE.

I want to make sure that we do the right thing; we should not be wrong on this step.

thanks in advance for your help to everyone...
Click to expand...
You should follow your attorney's advice -- its too important to not do that in your case.
 
Sorry to hear about it, but Absolutly don't worry,

Many ppl shared even principal were denied because of FP/RFE never received they filed MTR and all got approval.

Don't panic and don't worry,

Here is what you should read and und about MTR.

this is the main thread site use top nevigation button/link that say 'sreasch on this fourm' on rigth hand and type 'MTR' or 'Motion To Reopen' words to search

http://boards.immigration.com/forumdisplay.php?f=40

using search on that above link will search on all four (VSC, NSC, TSC, VSC threads)

when u get resutls of MTR threads, read all threads and und how did they take care ot that matter. mostly shared it is attorney's job, but u also should und what steps are needed.

Wish u Good Luck, and again its become a normal matter these days that ppl didn't received neither their attorney somehow and they all went through MTR process. Your case is very easy becz Principal has been approved. so only dependant has issue. don't worry. and follow it.


Good Luck
 
Last edited by a moderator:
rezi said:
My attorney is suggesting that the 3 of us (myself, wife and he) send each an affidavid that we did not get an RFE.
Click to expand...

USCIS does not send RFE notice to applicant if there is an attorney involved in the case. Instead of asking affidafit from you and your family, why can't he/she contact USCIS and appeal for MTR. Either your attorney did not receive RFE notice or he/she misplaced it after receiving it. Either way, it's upto your attorney to take care of this issue.
 
What the attorney wants to do is:

1. Send a motion to reopen
2. Send affidavits from myself, my wife and him telling that we called Nebraska and according to them there was not RFE send
3. Send a correspondence of email between myself and him showing that we were concerned that the case was still pending
4. Send the responses to the RFEs send for me and daughter which were sent without delays; showing that we never neglected correspondence with the INS.

Hope all this will help....
 
When we applied for 3rd AP, I got an RFE for photos, but my spouse didn't. Her 485 got approved at that time. My AP got approved . But later, they send us a letter saying that her AP is denied because we didn't respond to the RFE. But they never send the RFE. Since the GC got approved already, we just ignored it. I think the same thing happened to you. It might me their mistake only. You can follow your attorney's advice and it will be fine.GOOD LUCK!
 
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