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

[cao 0]

Be patient, you're fine

[Dean407 0]

We did not start a new I130.

I never lived with her family here in the States, but my Sister-in-law handled all our paperwork and it made it easier for her to get all the paperwork to her house.

Not a smart thing to do. Just knowing family members here in the states may cast a shadow over one's case.

Our evidence is very weak.

Marc Ellis has been very good to me via email. I believe he is is VN right now. Don't hesitate to contact him if you have a problem.

[menyoo 0]

Thanks for the words of encouragement guys.

Hey Dean,

Sorry to hear that you have to go through this painful process. Our case was delayed for more than years. Protect yourself and removed your attached letter. Edit out your case number, name, and other personal info and reload if you likd to share.

I hope your your wife will come the states soon.

Good luck and god bless you all.

[AMV 0]

I think the fact that her sister handled the case made a decition in mind of CO. I think this is a key factor. You have to prove it to INS. Be prepared.

Also, did not understand: it says that you made one two weeks trip and married to her and never returned. Is it true? What do they mean?

[Dean407 0]

I think the fact that her sister handled the case made a decition in mind of CO. I think this is a key factor. You have to prove it to INS. Be prepared.

Also, did not understand: it says that you made one two weeks trip and married to her and never returned. Is it true? What do they mean?

I returned right after her visa was denied.

I am prone to blood clots and got a pulmonary embolism attrbuted to a trip to SE asia. So, taking a trip needs to be carefully thought out.

I agree- the Sister being involved in the case was a huge error.

[AMV 0]

Acording to rules you must live in usa if you sponsor your spouse. I think this is a second key factor. Alos, CO think that you met your wife fist time on a 2-week trip and married. This make a conclution that you did not have relations with spose prioe to marriage. Did you provied emails, phone calls, picture before marriage etc?

The third factor is communication language, does she speak english? Do you speak vietnameese?

[morocco4ever 63]

I think the fact that her sister handled the case made a decition in mind of CO. I think this is a key factor. You have to prove it to INS. Be prepared.

Also, did not understand: it says that you made one two weeks trip and married to her and never returned. Is it true? What do they mean?

I returned right after her visa was denied.

I am prone to blood clots and got a pulmonary embolism attrbuted to a trip to SE asia. So, taking a trip needs to be carefully thought out.

I agree- the Sister being involved in the case was a huge error.

Hopefully I can be of assistance to you. We had the same thing happen. My husband was interviewed in Aug of 05. He was asked if he had family in the US. He made the mistake of saying his ex brother in law and his sister. This is where the confusion began. The CO asked why his sister got divorced, and my husband tried to explain that his sister that is here is still married. You see his sister that is still here is married to the man that petitioned her. The ex brother in law is a Moroccan man that was married to his other sister. This sister has never been here. More questions about the contact I had with the sister went on and on, and it was apparent that they thought that his sister paid me to marry him so he could immigrate. That is where our nightmare started.

We worked hard to find a congressman and or a senator to help up, and we finally got some great support. It took several months however.

You need to actively pursue all congressmen and senators in your area until you can get assistance. They can not guarantee an approval, nor can they speed up the process, but they can keep the case from falling between the cracks. You state that they say that they are doing security checks. Well it is possible, but I have known many that say whatever just to get off the phone. When a representative gets involved it gives them a little more incentive to find out what is really going on.

You state that you sister in law helped prepare the case, so yes that sounds bad. Not that it should have been a deciding factor, but they will deny on suspicion even though they are not suppose too. You also state that you have very little evidence. I certainly hope that you are still gathering evidence since the denial. The more visits you go the better for your case.

Marc Ellis is excellent, I highly recommend him. He has helped other members I am aware of to help get their spouses here. I contacted him as well, but he told me that my case is too strong, and that he could not help any further than to organize my papers. For that reason I choose to go it alone.

We received the Notice of Intent to Revoke almost a year after the denial. I attribute the fact that we got it that fast due to some errors form the USCIS and assistance from the Ombudsman. I was finally able to rebute their evidence (which by the way did not even mention the sister). I spelled out everything, from the age difference, to the marriage, to the sister. I didn't care if it was on the list of reasons for a denial, I wanted everything spelled out in black and white so there could be nothing further for them to deny it on. It was only a week or 2 until I got the notification that they reaffirmed our case and sent it back to the consulate for another interview.

The second interview was shortly after our second wedding anniversary. He was not asked another question, he was justed asked for updated forms. He received the visa.

He has been here now for over 1 1/2 years. He has the 10 year green card, and we will never have to prove our marriage again. Our next step with them is the citizenship.

I hope my story has given you some insight on what is happening. Basically they are waiting for you to give up, and it sounds like you haven't had much contact, so they are thinking that they are scott free on this case. You MUST stay actively pursueing your case. There is a pinned link in the Middle East Forum that has guidelines to follow. I suggest you do your homework.

Good luck.

[Kevin and 10]

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

The CSC will take up to 2 years before they will even get around to reviewing our case. We have prepared evidence needed for a rebuttal to the CO's findings in for our first petition. There is nothing more we can do but wait for our NOID to arrive. You don't think working on the first petition and filing a second petition for the same woman gives legitimacy to a marriage? I don't want to wait another 2 years before Tuyen and I can be together.

Will I be denied again? Who knows. Will our case be dropped into the blackhole known as AR? Maybe. But at least we are trying to move our case forward. We made a choice to keep fighting and not wait.

[martindart 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

The CSC will take up to 2 years before they will even get around to reviewing our case. We have prepared evidence needed for a rebuttal to the CO's findings in for our first petition. There is nothing more we can do but wait for our NOID to arrive. You don't think working on the first petition and filing a second petition for the same woman gives legitimacy to a marriage? I don't want to wait another 2 years before Tuyen and I can be together.

Will I be denied again? Who knows. Will our case be dropped into the blackhole known as AR? Maybe. But at least we are trying to move our case forward. We made a choice to keep fighting and not wait.

Because the CO said in his notes that only eight people attended our (Dinh Hon) (Engagement ceremony) in Bien Hoa, and was another reason for them sending our petition back to the service center that approved it, as (they said) our petition was a sham relationship. Knowing this, I soon thereafter, started a campaign of sending to The office of USCIS Nebraska, to the director, the acting director, his secretary, the doorman, the maintenance staff, the custodial staff and anyone I could think of inside the that USCIS Office.

I sent Photo cards (a new and different photo cards showing many many people in the background at our Dinh Hon (about 90 people showed up)

I send these new and different photo cards via USPS Mail (website below) over the holidays with a nice note wishing them (USCIS Nebraska) well, with that particular holiday theme Halloween, Thanksgiving, Christmas, New years and on and on.

My text message on these photo cards (in nice, colorful fonts) included more information to rebut the Consular Findings. In large bold fonts on each of these 100 or so photo cards (I sent) included my petition/case number as I waiting for them to review my file.

I also ordered mailing stamps (check-out the .jpg) * I tried to upload the postage stamp photo but was unable to. The postage stamp is the same photo on our profile top left side of this reply* anyway, I pasted one stamp in each corner of every document I sent to NSC for their review also, in each corner of every envelope I ever sent to NSC front and back, I wanted my correspondences seen and stand out!

Once you open an account with the photo card web site it remembers many address and a simple one click does it all. You choose the holiday theme, write in your new text message, choose the font style, color and upload a new photo and USPS does the rest.

I will bet USCIS in Lincoln, Nebraska will always remember me! sending the photo cards to NSC kept me sane and busy as I waited for the results of their review, which they did reaffirmed my petition. I too wanted to stay and fight to overturn that CO false conclusion of my fiancee and I relationship and PROVE we are indeed, true and sincere. We have never been more happy and well worth the wait.

I began the initial filing of my petition for K-129 in October 2004 and Phuong finally touched US soil on June 1 2007.

Ahhh memories….

http://www.cardstore.com/asp/webstore/inde...;page=photocard