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Old 12-29-2003, 08:05 PM   #1 (permalink)
Clare47uk
 
Posts: 16
Default i129f appeal timeframe

Hi



Does anyone know what kind of time frame we might be looking at for an
appeal of the denial of a I129f petition. We were denied on the
grounds that my fiance was not legally free to marry when the petition
was filed.



The thing is he was most definitley able to marry on the date the
petition filed (his divorce has been final for 6 years) there was just
some confusion over the paperwork they require to prove the divorce
was final.



We now have the paperwork they need, I would just like to have some idea
if it is quicker to start again (we are going thru VSC) or send of the
appeal they say they need by January 18th.



Clare

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Old 12-29-2003, 08:11 PM   #2 (permalink)
Cutenurse300
 
Posts: 203
Default Re: i129f appeal timeframe

Originally posted by clare47uk

    > Hi


    > Does anyone know what kind of time frame we might be looking at for an
    > appeal of the denial of a I129f petition. We were denied on the
    > grounds that my fiance was not legally free to marry when the petition
    > was filed.


    > The thing is he was most definitley able to marry on the date the
    > petition filed (his divorce has been final for 6 years) there was just
    > some confusion over the paperwork they require to prove the divorce
    > was final.


    > We now have the paperwork they need, I would just like to have some
    > idea if it is quicker to start again (we are going thru VSC) or send
    > of the appeal they say they need by January 18th.


    > Clare

Hi Clare,



Just refile the case like we did.We refiled our case in october and got
approved on december 9 (online status).Good luck!!!

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Old 12-29-2003, 08:13 PM   #3 (permalink)
Toz
 
Posts: 39
Default Re: i129f appeal timeframe

Originally posted by clare47uk

    > We now have the paperwork they need, I would just like to have some
    > idea if it is quicker to start again (we are going thru VSC) or send
    > of the appeal they say they need by January 18th.


    > Clare



I am sorry I cannot answer your question but I was hoping you might
elaborate on this "paperwork we need" more.

My wife's interview is in 3 weeks (DCF/I-130) and I assume my complete
certified court copy of my Divorce decree is what they want to see.

Is there some special thing they are looking for?

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Old 12-29-2003, 08:16 PM   #4 (permalink)
Clare47uk
 
Posts: 16
Default Re: i129f appeal timeframe

Originally posted by Toz

    > I am sorry I cannot answer your question but I was hoping you might
    > elaborate on this "paperwork we need" more.

    > My wife's interview is in 3 weeks and I assume my complete certified
    > court copy of my Divorce decree is what they want to see.

    > Is there some special thing they are looking for?



We had a copy of the final decree signed by the a justice of the supreme
court but my fiance did not have a copy with a seal on it. He just has
to go to the court in person and pay $5 to get a copy with a seal on it.

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Old 12-29-2003, 08:42 PM   #5 (permalink)
Toz
 
Posts: 39
Default Re: i129f appeal timeframe

Originally posted by clare47uk

    > We had a copy of the final decree signed by the a justice of the
    > supreme court but my fiance did not have a copy with a seal on it. He
    > just has to go to the court in person and pay $5 to get a copy with a
    > seal on it.



Ok I have all the seals. Thanks Clare for the reply.

Hope it all works out for you two soon.

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Old 12-29-2003, 09:17 PM   #6 (permalink)
Folinskyinla
 
Posts: 4943
Default Re: i129f appeal timeframe

Originally posted by clare47uk

    > Hi


    > Does anyone know what kind of time frame we might be looking at for an
    > appeal of the denial of a I129f petition. We were denied on the
    > grounds that my fiance was not legally free to marry when the petition
    > was filed.


    > The thing is he was most definitley able to marry on the date the
    > petition filed (his divorce has been final for 6 years) there was just
    > some confusion over the paperwork they require to prove the divorce
    > was final.


    > We now have the paperwork they need, I would just like to have some
    > idea if it is quicker to start again (we are going thru VSC) or send
    > of the appeal they say they need by January 18th.


    > Clare



Hi:



Do both!



I would file the appeal with a cover letter discussing their regulatory
obligation to first treat the appeal as an MTR.

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Old 12-29-2003, 09:48 PM   #7 (permalink)
Ironporer
 
Posts: 489
Default Re: i129f appeal timeframe

Originally posted by Folinskyinla

    > Hi:


    > Do both!


    > I would file the appeal with a cover letter discussing their
    > regulatory obligation to first treat the appeal as an MTR.





MTR?

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Old 12-29-2003, 09:49 PM   #8 (permalink)
Clare47uk
 
Posts: 16
Default Re: i129f appeal timeframe

Originally posted by ironporer

    > MTR?



I assumed that means Motion to Reopen the case.

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Old 01-05-2004, 08:20 AM   #9 (permalink)
Clare47uk
 
Posts: 16
Default Re: i129f appeal timeframe

Originally posted by clare47uk

    > I assumed that means Motion to Reopen the case.





All our documentation should be with them this morning. Does anyone
have any experience of how long this might take to be processed?



Clare

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