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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24286
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I had my I-129F denied because I didnt provide evidence of

Resolved Question:

I had my I-129F denied because I didn't provide evidence of divorce from my first marriage. I had received a RFE with 3 paragrphs saying that my divorce nisi for my most-recent divorce was not sufficient. I supplied the divorce final but because I anticipated this possibility I didn't notice that they asked for proof of legal termination of TWO previous marriages. I had supplied proof of the termination of my first marriage to USCIS in 2005 when I married my second wife.

I am conflicted about whether I should abandon this petition or file for reopening. If I ask them to reopen will they deny again because my evidence of termination of my first marriage arrived after the RFE deadline? It appears, reading the relevant CFR that it might be worth the extra cost to appeal in this case, if they don't deny me on this technicality
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

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?

Judith

Customer: replied 1 year ago.
Hello Judith,

Thanks for your help.

The grounds for my appeal would be that 1) the RFE mentioned the divorce nisi that I sent for my most-recent divorce was mentioned in 3 paragraphs as insufficient and no mention of my first marriage and 2) that this seemed reasonable since as noted in my I-129F, my second wife went through the K1 visa process successfully.

Bruce
Expert:  Judith replied 1 year ago.

USCIS does not EVER look at old files! They are in storage underground in MO.

Now, look at this link page 2 #5D

http://www.uscis.gov/files/form/i-129finstr.pdf

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..

Judith



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Customer: replied 1 year ago.
Thank you very much Judith. Your advice was very informative and useful (actionable).

Bruce
Expert:  Judith replied 1 year ago.

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.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24286
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 6 other Immigration Law Specialists are ready to help you

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