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  • I-130 denial and appeal to BIA...

    Hello,
    Our i-130 petition was denied by USCIS. The reason stated was, not establishing the burden of proof. We got married before I ended up in removal proceeding. We have filed the notice to appeal. I would like to know how long would this BIA appeal take for a decision.I am not detained.I would also like to know, what options do i have if we loose the appeal.

    Thank you

  • #2
    Originally posted by john2006_john10 View Post
    Hello,
    Our i-130 petition was denied by USCIS. The reason stated was, not establishing the burden of proof. We got married before I ended up in removal proceeding. We have filed the notice to appeal. I would like to know how long would this BIA appeal take for a decision.I am not detained.I would also like to know, what options do i have if we loose the appeal.

    Thank you

    Hi,

    If you don't mind me asking, how long did it take to get a response from BIA? Was it favorable to you or USCIS?

    I'm currently in the same situation. We sent our appeal back in April 2016 and still no response yet!

    Thanks in advance for your reply.

    Best.

    Comment


    • #3
      Originally posted by hcancelik View Post
      Hi,

      If you don't mind me asking, how long did it take to get a response from BIA? Was it favorable to you or USCIS?

      I'm currently in the same situation. We sent our appeal back in April 2016 and still no response yet!

      Thanks in advance for your reply.

      Best.


      We r in the same boat. Can u tell me if u got a receipt notice?

      Comment


      • #4
        Originally posted by Koolgirl View Post
        We r in the same boat. Can u tell me if u got a receipt notice?
        Yes, we received receipts from both USCIS and BIA. USCIS sent it in couple weeks after we sent the appeal and it took 6 months for them to send it to BIA.

        When we call BIA now they tell us that our case is pending but no timeline is given.

        Comment


        • #5
          Our lawyer sent the appeal to uscis and they have not sent us any receipt notice since 1.5 months now. Lawyer said they never got it and now the leyer is working with them to find it as he said he has proof he mailed it on time. He said he will hand them a new copy if they cant find it. Any idea how long this can take?

          Comment


          • #6
            How long did it take uscis to send u recept notice?

            Comment


            • #7
              I-130: Appeal or refile?

              Originally posted by Koolgirl View Post
              How long did it take uscis to send u recept notice?
              Re-filing the I-130, making sure it is perfect, no missing evidence per instructions, and lots of bona fides, is often a better bet than appeal, where they love to rubber stamp the USCIS. Given the consequences, its worth the extra $535

              Comment


              • #8
                In our case we cant refile the i130 becaue they denied our i485 because they said they approved outlr 39 in error based on marriege fraud for my husbands first marriage. This is his second marriage.

                Comment


                • #9
                  Originally posted by Koolgirl View Post
                  How long did it take uscis to send u recept notice?
                  In a week or two. It was very quick actually. I would suggest to make an info-pass appointment and talk to someone there but in my case the person I talked didn't even know anything about our case or immigration law. It was just a waste of time.

                  Comment

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