Please help!!!Denied I130 sent back to the USCIS

[Imua 0]

If the petition has been returned to USCIS it's a bit late to get a lawyer in Vietnam. Senators or congressman are the only ones who can help. But they can only find out why for sure the petition was denied. They can't get the decision reversed.

Been there, done it.

From what I've seen here to me it looks like the embassy had good reason for denial. Been there, done that one also. I didn't have my act together with my first K1 and USEM was correct in denying us. Second time was a different story. I hit them with both barrells firing!

The beneficiary not speaking English is a tough one to overcome also. How can she adjust and enjoy living in the US? I'm sure COs take that into consideration also.

Yeah not a reason to deny but it's still there.

From reading in between the lines(of course I could be off base here) it seems like the OP is Vietnamese - American and speaks Vietnamese with his wife - maybe lives in a largely Vietnamese-American community - speaking as someone who lives in one of the largest Asian communities in the US(Flushing, Queens) believe me it is possible to live and work in America without speaking (hardly) any English.... Been to Waipahu lately???

[Cacerez 19]

If the petition has been returned to USCIS it's a bit late to get a lawyer in Vietnam. Senators or congressman are the only ones who can help. But they can only find out why for sure the petition was denied. They can't get the decision reversed.

Been there, done it.

From what I've seen here to me it looks like the embassy had good reason for denial. Been there, done that one also. I didn't have my act together with my first K1 and USEM was correct in denying us. Second time was a different story. I hit them with both barrells firing!

The beneficiary not speaking English is a tough one to overcome also. How can she adjust and enjoy living in the US? I'm sure COs take that into consideration also.

Yeah not a reason to deny but it's still there.

That was the same line that stood out to me in Haole's post. My fiance does not speak much English at all, but some Americans also speak languages other than English (such as myself)...but there is also such a thing as the beneficiary LEARNING which is easier to do once he/she is totally immersed in the language. Either way, as regards to language all the CO needs to worry about is if the couple can communicate.

[Clinton W 0]

I came to the US back in 1996. Doesn't speak English at all but now I finished college and have a good job. As long as you stay with family, you will adjust to a new life. This whole proccess make me mad. I have many times thinking about just to go back there with her. But we want to build our family here and all my family is here also. I will have to look for away to get her here.

If the petition has been returned to USCIS it's a bit late to get a lawyer in Vietnam. Senators or congressman are the only ones who can help. But they can only find out why for sure the petition was denied. They can't get the decision reversed.

Been there, done it.

From what I've seen here to me it looks like the embassy had good reason for denial. Been there, done that one also. I didn't have my act together with my first K1 and USEM was correct in denying us. Second time was a different story. I hit them with both barrells firing!

The beneficiary not speaking English is a tough one to overcome also. How can she adjust and enjoy living in the US? I'm sure COs take that into consideration also.

Yeah not a reason to deny but it's still there.

From reading in between the lines(of course I could be off base here) it seems like the OP is Vietnamese - American and speaks Vietnamese with his wife - maybe lives in a largely Vietnamese-American community - speaking as someone who lives in one of the largest Asian communities in the US(Flushing, Queens) believe me it is possible to live and work in America without speaking (hardly) any English.... Been to Waipahu lately???

[Clinton W 0]

Thank your for your link. I will review this over the weekend. Do you know where I can send them more evidences? The soonest I can go to visit my wife is July.

You didn't read what I said. They didn't even ask about what city. She answered all the questions correct. They only asked about what State and about my change of address.

Three years and she does not know what city you live in?

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

[bryonm4 0]

Was the denial you listed from the K1 or CR1 or both? If you have the other denial I would like to see it maybe I can provide some insight. I was denied a K1 for simular reasons and I have done allot of research on how to overcome it, im in that process now

[soniew910 0]

normally you would receive a NOID (notice of intent to deny) letter before they issue an official denial. You will have 30 days to respond with rebuttal.

[Ann 26 1]

normally you would receive a NOID (notice of intent to deny) letter before they issue an official denial. You will have 30 days to respond with rebuttal.

That's correct., once you receive NOID than you have a chance to rebut their findings, and if your arguments are strong you can win the case.

I read here that some ppl advise to refile new I-130, which is not clever thing to do right now, as you have 2 cases open already and if you file 3 rd one it can be easily denied at USCIS stage, so stay where are you now and get ready to gather all the agruments to overcome the findings by Consul, get an experienced lawyer in these cases and hopefully you will be able to prove that your marriage is bona fide.

Wish you the best

[bryonm4 0]

I have heard if they have a revocation hearing you can show up for that is that correct?

[Peter&TT 0]

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

Very sad & sorry to hear that. Now it's been at least 4 years you have been in relationship & married. Do you guys get any children yet? Because HCM Consulate is really tough, I think having a kid together is the secured ticket for visa.

Good luck.

Cam

[Boiler 45,525]

After 4 years at least there will be lots of photograpshs/documents supporting your relationship. So they looked at the K1 info and not the CR1?

[bwaller78 0]

My I-130 petition was returned to the USCIS office after my wife was denied at the interview. She was denied because they felt that she marry me only to migrate to US, which is not true. The case sat at USCIS for two years and made numerous calls, sent letters and got no response once so ever from them. So at advice from immigration lawyer, refile the I-130 and attend the interview when it is time. I have just sent a new I-130 on friday April 17 2009. And as the processing time show it sholdnt be long untill she gets a another interview.

My advice is to send a letter to them to cancel current case, and refile another petition. Just as I did as advice from the immigration lawyer. I I wish you luck, because it has been a hard, aggrevating and long process.

[emt103c 10]

Don't advise him to do this until you see your own outcome. Usually when one is denied for fraud, the second is automatically "marked" the CO's have record of the old case.

[catknit 144]

Please, please, please talk to at least 2-3 immigration attorneys prior to canceling the petition - if they have a consultation fees, pay it - professional advice at this stage of the game will be priceless down the road.

There are MANY who suggest not canceling you case because of the potential for misrepresentation that may lead to a lifetime ban - obviously it will based on the specifics of your individual case, etc, etc...but before dashing off a quick letter to USCIS that may/may not make things worse, get some professional advice!

Here is an article talking about returned petitions, at least give this a read: http://www.ilw.com/articles/2006,0323-ellis.shtm.

As horrible as it sounds, waiting out the readjudication may be in your best interest but please don't just take advice off of a forum online...

[chinese_mutt 11]

yep, don't cancel until you get to the bottom of this.

you might get a misrepresentation mark and that will cause more trouble for you.

i suggest you ask your wife to learn english too. yes, it is easier to learn the language if she is immersed in the culture and environment BUT she needs the skill to wade the interview waters before she gets to the US. Likewise, be prepared... let her know things about you... IN DETAILS. And I mean the tiniest speck of detail about your life, your family, your plans in the US. Everything. Just in case they entertain you for another interview.

But so far, based on your transcript... she really lacked all the necessary details about you thus leading to a denial. I'm so sorry about your case, i hope everything turns out well.

[Gary and Alla 3,694]

Hi everyone,

I am trying to bring my wife from Vietnam.

In 2005 I filed a K1 Case for my wife and it was denied.

In 2008 I refiled for CR1 and it got send back to the USCIS. They denied it because a few ridiculous reasons.

It is current at the Service Center for review.

I talked to couple office including lawyers and they told me different things.

Some told me that I can refile another CR1 case.

The others told me that I have to wait until the USCIS send me the information and then I will have to rebuttal. The only time I can refile is after everything is done with the previous case.

Please help. I am desperately need advice. It has been 4 years I have been trying. This is very unfair.

very unfair, I agree. Especially to be denied for the "ridiculous reasons" excuse. I hate that one. In my opinion it is worse than the "unkempt hair" denial clause, at least that one IS a reason.

Really, if you want our advice, you are going to have to give a better explanation (read: DETAILS) of what happened. If you are posting for sympathy...you have mine.