Very strange

[DevastatedHippo]

Briefly, my husband's I-601 for fraud was denied by Athens in December 2006. I received the refusal letter and application for MTR/appeal a month later but did not file as I felt our chances were not good as I couldn't prove they misinterpreted the law. I had a new hardship so I planned to just refile. Since then, I have refiled the I-130 petition all over again, currently waiting for an interview date to be set.

Now this is where the strange part comes in. Yesterday, I received an envelope from Athens. Inside was the exact same letter and application for MTR they sent me more than a year ago, this time with a sticky note dated 2/2008 and "as requested" written on it. I did not request them to send this again and neither did my husband. I don't even know what usefulness it would have 14 months later. They're closed today so I couldn't call and ask. Seems very weird to me and rather frightening that they would be doing this after such a long time, esp when it was considered a closed case when I didn't file the MTR. Any explanations?

[Pinkpig]

I had a new hardship so I planned to just refile. Since then, I have refiled the I-130 petition all over again, currently waiting for an interview date to be set.

Now this is where the strange part comes in. Yesterday, I received an envelope from Athens. Inside was the exact same letter and application for MTR they sent me more than a year ago, this time with a sticky note dated 2/2008 and "as requested" written on it. I did not request them to send this again and neither did my husband. I don't even know what usefulness it would have 14 months later. They're closed today so I couldn't call and ask. Seems very weird to me and rather frightening that they would be doing this after such a long time, esp when it was considered a closed case when I didn't file the MTR. Any explanations?

I have no idea why they sent you the MTR again. Maybe your I-130 has been received there and they don't know what to do with it.

But this information relates to the consulate in CDJ but I am convinced that the same reasoning should apply everywhere.

"I'm not sure how else I can explain this without offending somebody. The I-129 or I-130 stays valid and need not be filed again after an I-601 denial. The consulates allows for a new filing of the I--601 but only after the applicant file a new visa application DS-230 (application vs. petition, there's a difference).

Again, the petition (I-130 or I-129 is still valid) but the applicant must file the new DS-230, pay the associated fees and wait for another appointment AND if at that tine the applicant is found inadmissible, file a new I-601.

The new I-601 is then adjudicated as de novo and the reason(s) for the prior denial can be used in the new adjudication."

You did not need a new I-130, the old one is still valid. You only need to file a new visa application the DS-230 and then get a new interview at the consulate at which time you will be found eligible to file your new waiver with the new hardships.

[JMRJ]

What did Athens advise you on what to do after the denial?
That letter is very questionable. Someone must very confused on sending the form to you.There is a statute (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|8cfrsec1035&s_type=all&hash=0-0-0-9339) that clarifies that the motion for reconsideration must be filed within 30 days after the unfavorable decision. 14 months is too long:


In addition, I am pasting a quote from Laurel's memo: (http://www.ilw.com/articles/2007,0717-scott.shtm)

Due to the lengthy processing time for appeals (can be 18 months or more) and low chance of success, consider refilling a de novo I-601 packet instead, especially if the client attempted the first I-601 pro se and it is clear that a better packet can be compiled. The law is unclear on whether it is possible to file a de novo I-601 based on the same immigrant visa or K visa case. Some consulates will allow simply re-filing, but most will require starting over with a new visa petition. Most of the consulates within the jurisdictional area of the Vienna USCIS office will allow a re-filing of the I-601 without a new petition. Always inquire to be sure. Even starting over with a new immigrant visa petition may get a decision faster than an appeal. Also, having to start over with a new visa petition allows time to put together a better waiver packet. The process will allow for several months, rather than the 30-60 days given for preparing an appeal.



All consulates should follow the same procedures like in CDJ because the visa number is already available and it should remain valid as long as the relationship between the petitioner and beneficiary still exists, IMO.

[DevastatedHippo]

I refiled the I-130 all over again because that is what our consulate advised. They don't really help you out so I preferred to start from scratch and wait extra time rather than waste my energy fighting with them.

[adeildo]

I have no idea why they sent you the MTR again. Maybe your I-130 has been received there and they don't know what to do with it.

But this information relates to the consulate in CDJ but I am convinced that the same reasoning should apply everywhere.

"I'm not sure how else I can explain this without offending somebody. The I-129 or I-130 stays valid and need not be filed again after an I-601 denial. The consulates allows for a new filing of the I--601 but only after the applicant file a new visa application DS-230 (application vs. petition, there's a difference).

Again, the petition (I-130 or I-129 is still valid) but the applicant must file the new DS-230, pay the associated fees and wait for another appointment AND if at that tine the applicant is found inadmissible, file a new I-601.

The new I-601 is then adjudicated as de novo and the reason(s) for the prior denial can be used in the new adjudication."

You did not nd a new I-130, the old one is still valid. You only need to file a new visa application the DS-230 and then get a new interview at the consulate at which time you will be found eligible to file your new waiver with the new hardships.


hi pinkpig, I have following your posts, you are very smart!
I'm brazilian, I submited my waver on last november 28th,
I wish if you can put me in your list! thank you have a great day!

[Pinkpig]

I refiled the I-130 all over again because that is what our consulate advised. They don't really help you out so I preferred to start from scratch and wait extra time rather than waste my energy fighting with them.

I hear you. If that is what your consulate advised then definitely that is what you need to do. I so understand not getting any help. I wish you the best. Hopefully this time it will go quickly. :)

[Pinkpig]

hi pinkpig, I have following your posts, you are very smart!
I'm brazilian, I submited my waver on last november 28th,
I wish if you can put me in your list! thank you have a great day!

adeildo Lima, Peru Brazil Pending 28-Nov-07
Thank you. I just have an insatiable desire for information and try to help where I can.

Where are you from in Brazil? Our daughter in law is from Manicore and Manaus, Amazonas; and Boa Vista, Roraima. Our son and daughter in law have a store on ebay with many of their collectibles for sale along with some stories about their adventures in Brazil. If you are interested take a look: http://stores.ebay.com/Hard2Finds

I have added you to the list. Is your waiver for overstay? Are you using a lawyer? Did you file for a fiance, K-3 or CR-1 or IR-1?

Best of luck to you. Let me know if I can do anything to help. :)

[adeildo]

adeildo Lima, Peru Brazil Pending 28-Nov-07
Thank you. I just have an insatiable desire for information and try to help where I can.

Where are you from in Brazil? Our daughter in law is from Manicore and Manaus, Amazonas; and Boa Vista, Roraima. Our son and daughter in law have a store on ebay with many of their collectibles for sale along with some stories about their adventures in Brazil. If you are interested take a look: http://stores.ebay.com/Hard2Finds

I have added you to the list. Is your waiver for overstay? Are you using a lawyer? Did you file for a fiance, K-3 or CR-1 or IR-1?

Best of luck to you. Let me know if I can do anything to help. :)


thank you for help me! and everybody!

I'm in espirito santo next to rio de janeiro.

I went to ebay, and I saw the artifacts they are selling , they are really hard to find. they are beautiful.:)