Ask an Immigration Lawyer. Get an Answer ASAP.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
If I am to understand you correctly you failed to submit required evidence and were denied because of that.
So if you file to re-open your divorce decrees that you failed to mail are not newly available evidence. You had access to those all along, correct?
What are you going to allege as the grounds for the appeal?
USCIS does not EVER look at old files! They are in storage underground in MO.
Now, look at this link page 2 #5D
If you appeal on the grounds that USCIS did not ask for the additional divorce records in the RFE you will probably loose because the instructions clearly tell you to submit
copies of documents showing that each of your prior marriages were legally terminated.
I would file a new I-129F. It is cheaper AND honestly it will take the same amount of time for a decision on the appeal as it will for adjudicating the new I-129F..
Please remember to ratemy service! If you feel unsatisfied with my service at all, please stop andreply to me via the REPLY tab with the issue you have. I will be happy tocontinue further and do everything I can to provide you with the EXCELLENT service you seek, ifI earned a BONUS, it is appreciated.
Feel free to ask me anotherquestion with a new thread - if you're a subscriber, you can do so at noadditional cost beyond your monthly payment. You can bookmark my profile pagehere so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/
If you want torequest me in the future start your question "FOR JUDITH" and I will answerquickly.
The informationprovided is general in nature and should not be construed as legal advice or tocreate an attorney-client relationship. The information given by me is forinformational/research use only and you are paying me only for suchinformation. The information contained herewith is not legal advice. Byaccepting you agree you will not rely on anything I say and you will obtainappropriate legal counsel via a traditional/office consultation with anattorney licensed to practice in the jurisdiction where your legal issuearises. I strive to provide quality information, but I make no claims, promisesor guarantees about the accuracy, completeness, or adequacy of the informationcontained in or linked herein and it's associated sites. You are irrevocablywaiving any right to privacy, confidentiality and attorney-client privilegeconcerning the matters discussed in this public forum.
You are welcome.
Please remember to give me a rating of 3 or higher - I strive for excellent - so that your deposit can be released and I get credit (paid) for my answer.
All the best.
If you run into future issues you can begin your question thread with "FOR JUDITH" and I will answer it for you - like having your own personal lawyer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).