We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Do I need an appeal or send a motion?

I am a U.S. Citizen and my fiancée is from Ecuador. Recently, I applied for a fiancée visa, but the USCIS declined citing failure to present evidence on time. The letter stated that I could appeal the case to grant the permit. My dilemma is: should I appeal or send a motion to reopen or reconsider my petition?

Answer: At this point, any appeal or motion to reopen or reconsider is pointless. It is because when a request is rejected due to a late FRE response, USCIS quickly responds with a letter of denial (usually within 2-3 weeks) despite collecting the fee for an appeal/MTR. You will find a one-page, generic rejection letter repeatedly citing the grounds for denial and the penalty for late filed FRE response. To save time re-file your 1-129/F petition, include all the documentary evidence and other issues you may have raised during the RFE; be sure to engage an attorney. Usually, my office receives approval for Fiancee petitions filed with USCIS California Service Center in 36 days or less without the issuance of an RFE.