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..
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