I130 Denied in HCM sent back to US. Case under investigation 1yr+

[Dean407 0]

I am afraid there may be no hope for my VN wife, Xuan.

We made the mistake of allowing my wife's Sister handle the case for us.

We were married in HCM March 2005. She had her interview 10/06. She was denied with the recommendation it be revoked.

Xuan is a very shy traditional lady near 40yrs old. She had to use a translator which I learned here was probably a bad thing.

They thought we were a "sham entered into soley to evade immigration laws".

In any event, I flew back to VN but it was too late. By the time I got to the Embassy the case had been sent back. I didn't know that at the time.

We had a "lawyer" in HCM, but he was fairly clueless. When she was initially denied I called to try to speak to the CO and couldn't. I sent a letter FedEx. I sent medical records showing I had a pulmonary embolism from a previous flight to SE Asia and shouldn't take long flights anymore.

It made no difference.

USCIS got the case from the Dept of State Feb 2, 2007 to review it. I called and emailed my Senator. I got no response.

I was under the impression based on my Sister-in-law's understanding that we were waiting for a denial to appeal or add more evidence.

Well, a year ago I called for an update and was sent a letter. It stated: "The processing has been delayed. A checkof our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open."

Until the background check is complete they cannot make a decision.

Well- that letter was from July 29th 2007...ONE YEAR AGO.

I am 37yrs old born and bred in the USA with zero criminal background. In fact, I hold a valid real estate license and concealed carry permit. Both those items require background checks. So, what in the world have the been doing for 1yr?

I went to my local immigrations office. The guy told me our case is in the investigations department/branch. He seemed sad for me and told me I wouldn't get any kind of straight answer. Just as one guy to another he said that it could be a "while".

Well, this surprised me. I don't know what they could be investigating for over 1 year!

He told me that the case went from Dept of State to investigations. Investigations sent it back to Dept of State. Then Dept of State sent it back again to investigations.

I have received ZERO correspondence from USCIS since the case has been sent back to the US.

I found a very good resource about denied I130's sent back to the US. I will use the freedom of information act to try to get the consular's notes and any other documents related to our case since being sent back to the United States.

As I understand it now- there SHOULD be a NOTICE of intent to Deny or Revoke. If they Deny I may be able to appeal. If they revoke, then there is literally zero recourse. Is this correct?

I saw references to Marc Ellis and called his US phone number. It rang 14 times and there was no answering machine or email link.

Needless to state- this has put a HUGE strain on our relationship.

I understand all opinions will be speculation, but I welcome any and all opinions at this point.

Thank you very much in advance.

Dean

Edited July 27, 2008 by Dean407

[Dean407 0]

I couldn't edit anymore...

I was told it is NOT possible to start all over as they would just refer back to this case. Is that correct?

-Dean

[forumaccess07 0]

I am afraid there may be no hope for my VN wife, Xuan.

We made the mistake of allowing my wife's Sister handle the case for us.

We were married in HCM March 2005. She had her interview 10/06. She was denied with the recommendation it be revoked.

Xuan is a very shy traditional lady near 40yrs old. She had to use a translator which I learned here was probably a bad thing.

They thought we were a "sham entered into soley to evade immigration laws".

In any event, I flew back to VN but it was too late. By the time I got to the Embassy the case had been sent back. I didn't know that at the time.

We had a "lawyer" in HCM, but he was fairly clueless. When she was initially denied I called to try to speak to the CO and couldn't. I sent a letter FedEx. I sent medical records showing I had a pulmonary embolism from a previous flight to SE Asia and shouldn't take long flights anymore.

It made no difference.

USCIS got the case from the Dept of State Feb 2, 2007 to review it. I called and emailed my Senator. I got no response.

I was under the impression based on my Sister-in-law's understanding that we were waiting for a denial to appeal or add more evidence.

Well, a year ago I called for an update and was sent a letter. It stated: "The processing has been delayed. A checkof our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open."

Until the background check is complete they cannot make a decision.

Well- that letter was from July 29th 2007...ONE YEAR AGO.

I am 37yrs old born and bred in the USA with zero criminal background. In fact, I hold a valid real estate license and concealed carry permit. Both those items require background checks. So, what in the world have the been doing for 1yr?

I went to my local immigrations office. The guy told me our case is in the investigations department/branch. He seemed sad for me and told me I wouldn't get any kind of straight answer. Just as one guy to another he said that it could be a "while".

Well, this surprised me. I don't know what they could be investigating for over 1 year!

He told me that the case went from Dept of State to investigations. Investigations sent it back to Dept of State. Then Dept of State sent it back again to investigations.

I have received ZERO correspondence from USCIS since the case has been sent back to the US.

I found a very good resource about denied I130's sent back to the US. I will use the freedom of information act to try to get the consular's notes and any other documents related to our case since being sent back to the United States.

As I understand it now- there SHOULD be a NOTICE of intent to Deny or Revoke. If they Deny I may be able to appeal. If they revoke, then there is literally zero recourse. Is this correct?

I saw references to Marc Ellis and called his US phone number. It rang 14 times and there was no answering machine or email link.

Needless to state- this has put a HUGE strain on our relationship.

I understand all opinions will be speculation, but I welcome any and all opinions at this point.

Thank you very much in advance.

Dean

hi dean,

my wife i-130 petition was also sent back from the consulate of casablanca in Morocco to uscis

califournia for review on december 12.2007 since then i didnt hear from them yet. eventhough

i did provide extra evidences of our marriage relationship, the interviewer refuse to see them or at

least she ignored them. this is unbelievable and unexpected.anyway i'm waiting to califournia center

to send me a notice of intend to deny so i can raffirm again

i have an advice for you, stick to you wife and collecte as much as evidence to proove that your

relationship is still going. contact you senators, congressman let them khow about what's going on

you can even write to barack obama and "fight" to defend your right as us citizen to bring your wife

to us. there is no way an employe of consulate can break up families based on pre-judgement or

suspission. this sytem need to be changed and change is coming no matter how long it takes

good luck to us

[CoolHand2x2y2z 0]

I understand all opinions will be speculation, but I welcome any and all opinions at this point.

I'm very sorry to hear of your story. It sounds like you need a very good immigration attorney or firm. At this stage, it's them against you and your wife, so you need to find people who will go to bat for you. Waiting would be a waste, I feel.

Read up on the rules -do your own research. America is a democracy with a constitution, not a dictatorship, so there's always hope.

All the best to you and your wife.

[Dakine 26]

CALL your senator. Don't reley on emails.

When I was denied the first time my senator found out why and told me what to do. The number of his/her office should be in your local phone book.

If not Google his name for contacting.

[PeterFB 0]

We're sorry to hear about your case. As the other posters have said, you should do everything you can to contact the USCIS and get them to answer you. Use the Freedom of Information Act, get a lawyer (you should email Mark Ellis as he spends time in Vietnam and the US), and anything else to move your case forward. Being passive about this will cost you more time.

It sounds like your case has been "lost" so to speak. If she got denied in 2006, you should have gotten a decision by now. I'd like to say there's a magic process to get your case finished but I don't think there is. It's most important that you maintain as much pressure as possible on the USCIS to get a decision so you can appeal or reapply. In the meantime, ME or another good lawyer could advise you about reapplying will you wait for a decision since the process does take some time.

Good Luck

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

[Teacher Mark 53]

Sorry to hear this. There is hope, so hang in there.

I don't know what number you tried for ME, but the one I have is 714.893.7091. It is a Vonage number that transfers directly to his cell phone, so he doesn't need to actually be stateside to answer it. I imagine it is a Viet Nam based cell provider as well. I don't think voice mail is widely used there, if at all. He may be in Cambodia, so keep trying. His email is marcellislaw@gmail.com.

In the meantime here is the phone number for the White House:

202-456-1111

If you call it they can connect you to your Senator or Representative.

Please keep us informed.

[sara..... 371]

I am so sorry to read what has happened to u......all i can offer for u is prayers........keep trying never give up.......go to the news about it like someone advised me to do........i know there was at least one vj filer on here that did that and got his wife home.......i just can not remember what country was she was from........but it seemed after he got the media involved his case moved forward......just a thought.

my prayers are with u

sara

[CoolHand2x2y2z 0]

http://www.marcellislaw.com/

I don't have any affiliation with him or his services, but I did find this interesting article he wrote on HCMC with some tips:

http://www.ilw.com/articles/2004,0108-ellis.shtm

[Dean407 0]

Thanks for the words of encouragement guys.

[Dave_Thao 0]

Dean407,

You can also try contacting the Citizenship and Immigration Services Ombudsman to get your case moving as well as calling your senator or congressman to help you get some more information.

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

[Kevin and 10]

Dean407- I am in the same situation as you. Our case was sent back in 8/06 and didn't make it to the CSC until 12/08. I have since gathered evidence for the rebuttal and filed a new I130/I129f petition.

I referenced our returned case on the cover letter and on the petition for additional bona fides. I have not revieved a notice that I could not file a new I130/I129f. As far as I know our 2nd I130/I129f are moving forward.

[AMV 0]

Dean407,

Why it says that Petitioner lives with Aplican's family? Give us more information so we can analyze and make a conclutions for future.

[Teacher Mark 53]

Thanks for the words of encouragement guys.

I love how they put The Statue of Liberty on there.

Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed, to me:

I lift my lamp beside the golden door, so you can read the writing on the blue slip they gave to thee.

[forumaccess07 0]

hi kevin and tuyen

you said that you have been denied you first i-130 petition and you restarted with new one. right??

didnt ucsis send you notice to appeal their decision, it's a right given to you by immigration law

in my oppinion, starting a new petiton is like giving legitimity to their decision

i believe, it's better to work on your first petition. this is how your proove them that your marriage is

genuine