I need help... Major problem

[Bukirob 0]

What a *&^%$ nightmare. I filed my wifes I-751 for removal of conditions. We recieved a request for additional evidence. I sent copy of my most recent joint checking account. Copies of my health care insurance from the time we got married in October 24th of 2005 to present and a copy of the documentation of our new home we purchased in January of this year. And my 2007 joint tax return. The package was sent UPS was recieved and signed for.

In late Feb we got a denial letter stating that since we never responded to the request for additional information, our petition was denied. I then immediately contacted my sentators office and explained to them what happened. The denial letter instructs my wife to turn in her residency card and removal from the US starts. I had copies of everything except for the paperwork on the new home purchase which was at home. The senators office said to fax over what I had at work and they initiated a response from the Cal SvC center.

The agent reviewing the file denied the petition because "we would have denied the case anyway" They lost the origianl package, the senators office sent stuff over and they made a decision based on an incomplete package???? How can that be?

Who would spend 5 years worth of health insurance premiums, open and use an active joint checking account, purchase a new home jointly if they werent together and married.??????

What do I do now???

Edited May 5, 2009 by Bukirob

[Otto 83]

This would be one of those times when it'd be wise to give up on the do-it-yourself thoughts and consult with a qualified family-based immigration attorney. Let him/her sort out what went wrong and what to do about it. It's good the Senator got involved - you'll have some leverage that way.

Wish you all the best - hopefully it will get resolved.

[Bobby+Umit 161]

Concur - lawyer.

You have to find out why "they would of denied it anyway", because that says they didn't care about the info you sent for the RFE (or the sentator sending).

[Bukirob 0]

Concur - lawyer.

You have to find out why "they would of denied it anyway", because that says they didn't care about the info you sent for the RFE (or the sentator sending).

When I contacted my senator's office on 3/30 I sent over what I had at the office. I was told that would be fine but I had no idea that they intended to send that to the service center as being a duplicate of what I submitted originally. My case worker is asking me to send her copies of everything I originally submitted. HOPEFULLY, that will resolve this problem

A word to the wise here.... DO NOT MOVE during keystone dates. The service centers have MAJOR issues with change of address and getting their systems to get caught up with the COA. 99% of this problem is a direct result of this COA.

[CanAmCharlotte 0]

I know you can appeal the decision. Check the USCIS website. I remember reading about how to file. Believe me, the USCIS makes mistakes; don't take this lying down. There was a member of this forum who was also recently denied and it all had to do with the wrong type of biometrics being ordered. That petition has since been approved. I was denied at the K-1 stage based on a clercial error that Homeland Security made. It took me two days to get it sorted out (I went directly to the US Consul in my country) but sort it out I did. Sometimes I think being a 'legal' immigrant is not for the feint of heart!

[Chica Yeyé 41]

Do you have receipts of everything you sent to USCIS? If not, even if you did send all the stuff; you have absolutely no way of proving they received it.

[jasminelily 1]

Concur - lawyer.

You have to find out why "they would of denied it anyway", because that says they didn't care about the info you sent for the RFE (or the sentator sending).

When I contacted my senator's office on 3/30 I sent over what I had at the office. I was told that would be fine but I had no idea that they intended to send that to the service center as being a duplicate of what I submitted originally. My case worker is asking me to send her copies of everything I originally submitted. HOPEFULLY, that will resolve this problem

A word to the wise here.... DO NOT MOVE during keystone dates. The service centers have MAJOR issues with change of address and getting their systems to get caught up with the COA. 99% of this problem is a direct result of this COA.

I'm not sure whose fault it is. Also, there's not a clear timeline of what happend on when, it's hard to tell. Here's what I understand from the reading:

(1) You moved. Have you file AR-11? Also, is it on time (within 10 days)? Mail or file online? Have a receipt for file AR-11? But as far as I know, filing AR-11 does not update an address on any applications or petitions pending with USCIS. One has to go through lots of trouble, e.g. calling the mis-information line or make infopass appointment to make sure the address is updated with the pending cases. It's not fair and very confusing, we all know. But if you don't have any receipts that you've filed AR-11 and USCIS send any correspondense to the address originally submitted with the petition, you can't prove that USCIS is on the wrong side.

(2) Please state clearly what did you send the first time; what did you send the second time when you receive the RFE; what did the senator office sent? If you send all the same evidence over for 3 times, the IO might be thinking that you cannot provide any more and made the denial decision based on the lack of FURTHER evidence.

(3) From what I'm reading, the evidence you've submitted are not too solid (please do not be offened as I'm just trying to help, I personally know a few fake couples are having the joint apartment lease, joint checking account and joint health insurance for more than 7 years, these are very similar to the evidence you're submitted and so far I'm reading those are the ONLY evidence you've submitted) and that's why USCIS sent you RFE. Do you have any other eivdence? If yes, then you should start collecting it now. For example, driver licenses showing same address, Sam's club/Costo card with family account, at least 2 affidavits from people who know you're having a bona fide relationship, this is suggested in the I-751 instructions, you should definitely have them if you do not have strong enough evidence, getting the RFE is a strong signal from USCIS to you saying that USCIS doesn't think you have strong enough evidence, 401k showing each other as beneficiary, joint car title, auto insurance shows both of you as covered drivers, life insurance showing each other as beneficiary, joint credit card accounts, children's birth certificates (get DNA tested if you have to, sounds ridiculous, I know), 2008 joint tax return, greeting cards from friends and family during holidays, pictures of you two, perhaps some pictures of you two with friends/family, travel itineraries showing that you two took travel trips together, magazines subscription, just to name some of the things that I would consider helpful. Before they finalize the deportation procedure, your wife will see an Immigration Judge first, so if you have those evidence, your wife will present those to the Judge, so start collecting now. Bring boxes and boxes if you have to. And don't go there without an excellent lawyer.

My conclusion is: get an excellent lawyer asap and file motion to reopen as soon as possible. If you did everything by the book and it's totally USCIS's fault to deny your case on mis-understanding, you may be able to waive the filing fee of $585. But it will be hard to fight paying the fee if there's even a little bit wrong doing on your side e.g. didn't file AR-11 on time. I know, it's not fair, but the burden of proof for innocent definitely lies on you and your wife's shoulders now.

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

[otso88 0]

What a *&^%$ nightmare. I filed my wifes I-751 for removal of conditions. We recieved a request for additional evidence. I sent copy of my most recent joint checking account. Copies of my health care insurance from the time we got married in October 24th of 2005 to present and a copy of the documentation of our new home we purchased in January of this year. And my 2007 joint tax return. The package was sent UPS was recieved and signed for.

In late Feb we got a denial letter stating that since we never responded to the request for additional information, our petition was denied. I then immediately contacted my sentators office and explained to them what happened. The denial letter instructs my wife to turn in her residency card and removal from the US starts. I had copies of everything except for the paperwork on the new home purchase which was at home. The senators office said to fax over what I had at work and they initiated a response from the Cal SvC center.

The agent reviewing the file denied the petition because "we would have denied the case anyway" They lost the origianl package, the senators office sent stuff over and they made a decision based on an incomplete package???? How can that be?

Who would spend 5 years worth of health insurance premiums, open and use an active joint checking account, purchase a new home jointly if they werent together and married.??????

What do I do now???

what are the evidences that you sent? can we have your time line? the info you gave us here isn't enough so i'm not sure who's fault is this.

[ready4ONE 5,400]

Really sorry to hear, hope you can get this sorted out.

If it helps, the guide advises that you should not despair even in the face of rejection at this stage, as you will get your day in court in front of a live judge. Specifically the guide here reads:

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

http://www.visajourney.com/forums/index.ph...p;page=751guide

I have trusted the VJ Guides throughout the process for us, and you can to. Just don't give up! Good luck!

[franklocks 0]

Hi Jasminelily,

sometimes one's heart jumps when some of these denial issues are read.hmm! Anyways, after reading your response here, I have been prompted to ask if its necessary for me to contact USCIS again to find out if my address change is on file. When my wife and I moved, I filed AR-11 on line and my wife did that for I-865. Indeed, this was before we filed the I-751. When we finally filed the I-751, all communications came to this new address. Does that mean our address has already been updated?

Concur - lawyer.

You have to find out why "they would of denied it anyway", because that says they didn't care about the info you sent for the RFE (or the sentator sending).

When I contacted my senator's office on 3/30 I sent over what I had at the office. I was told that would be fine but I had no idea that they intended to send that to the service center as being a duplicate of what I submitted originally. My case worker is asking me to send her copies of everything I originally submitted. HOPEFULLY, that will resolve this problem

A word to the wise here.... DO NOT MOVE during keystone dates. The service centers have MAJOR issues with change of address and getting their systems to get caught up with the COA. 99% of this problem is a direct result of this COA.

I'm not sure whose fault it is. Also, there's not a clear timeline of what happend on when, it's hard to tell. Here's what I understand from the reading:

(1) You moved. Have you file AR-11? Also, is it on time (within 10 days)? Mail or file online? Have a receipt for file AR-11? But as far as I know, filing AR-11 does not update an address on any applications or petitions pending with USCIS. One has to go through lots of trouble, e.g. calling the mis-information line or make infopass appointment to make sure the address is updated with the pending cases. It's not fair and very confusing, we all know. But if you don't have any receipts that you've filed AR-11 and USCIS send any correspondense to the address originally submitted with the petition, you can't prove that USCIS is on the wrong side.

(2) Please state clearly what did you send the first time; what did you send the second time when you receive the RFE; what did the senator office sent? If you send all the same evidence over for 3 times, the IO might be thinking that you cannot provide any more and made the denial decision based on the lack of FURTHER evidence.

(3) From what I'm reading, the evidence you've submitted are not too solid (please do not be offened as I'm just trying to help, I personally know a few fake couples are having the joint apartment lease, joint checking account and joint health insurance for more than 7 years, these are very similar to the evidence you're submitted and so far I'm reading those are the ONLY evidence you've submitted) and that's why USCIS sent you RFE. Do you have any other eivdence? If yes, then you should start collecting it now. For example, driver licenses showing same address, Sam's club/Costo card with family account, at least 2 affidavits from people who know you're having a bona fide relationship, this is suggested in the I-751 instructions, you should definitely have them if you do not have strong enough evidence, getting the RFE is a strong signal from USCIS to you saying that USCIS doesn't think you have strong enough evidence, 401k showing each other as beneficiary, joint car title, auto insurance shows both of you as covered drivers, life insurance showing each other as beneficiary, joint credit card accounts, children's birth certificates (get DNA tested if you have to, sounds ridiculous, I know), 2008 joint tax return, greeting cards from friends and family during holidays, pictures of you two, perhaps some pictures of you two with friends/family, travel itineraries showing that you two took travel trips together, magazines subscription, just to name some of the things that I would consider helpful. Before they finalize the deportation procedure, your wife will see an Immigration Judge first, so if you have those evidence, your wife will present those to the Judge, so start collecting now. Bring boxes and boxes if you have to. And don't go there without an excellent lawyer.

My conclusion is: get an excellent lawyer asap and file motion to reopen as soon as possible. If you did everything by the book and it's totally USCIS's fault to deny your case on mis-understanding, you may be able to waive the filing fee of $585. But it will be hard to fight paying the fee if there's even a little bit wrong doing on your side e.g. didn't file AR-11 on time. I know, it's not fair, but the burden of proof for innocent definitely lies on you and your wife's shoulders now.

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

[jasminelily 1]

Hi Jasminelily,

sometimes one's heart jumps when some of these denial issues are read.hmm! Anyways, after reading your response here, I have been prompted to ask if its necessary for me to contact USCIS again to find out if my address change is on file. When my wife and I moved, I filed AR-11 on line and my wife did that for I-865. Indeed, this was before we filed the I-751. When we finally filed the I-751, all communications came to this new address. Does that mean our address has already been updated?

Ok. It sounds like common sense about CYA, but lots of people still don't know the pain and tears until one sees a coffin, meaning all correspondence and communication with government entities better be sent with some methods that one is able to track, e.g. fedex, UPS, but most government entities addresses are PO boxes, fedex and UPS doesn't deliver to PO boxes, solution is USPS certified mail with return receipt. But one can argue, yes you did mail something in that address, but what was in that envelope? No one knows, it's your word against the government word, but the proof of mailing is what all US courts take as credibility. On a similar instance, I personally know a fake couple, the fake couple's name is on the baby's birth certificate, USCIS took that as proof. DNA can tell you the mother on the birth certificate is true but not the father, the father is the boyfriend which is also a illegal, so is USCIS going to ask for DNA test results for all children born to immigrants? No, they would take that birth certificate as true. You see the immigration system has serious loopholes. If one know how to play the game well, most likely greedy lawyers (they're called sharks, they know how to bite, the sharp teeths go on both the government and the wallet of whom chose to use them), the government is never going to find out. Sometimes I'm posting here because I want to help people, I can only assume my kind intention was directed to the right people, which means that I assume everyone here is having a bona fide marriage, am I helping the illegals trying to fool the system? I guess I'll never find out and hope what comes around would go around, a.k.a. KARMA. I'm not saying that I'm suspecting anybody here, but I'm just venting that all illegals got their way around and all of us doing it legally by the book are suffering and had to be punish by this unfair system. I also have no way to stop illegals from reading what I'm posting here, so I'm very indirectly responsible in helping illegals to fool the system, only my intention was to help people who is in real need but don't have deep pockets for the sharp shark teeths to dig into. I've got many suggestions to improve the system, but is anyone out there listening? If someone is listening, are you going to do something? I've been here for 6 years, many of you have been here much longer than I do, I've already lost count of how many times the current USCIS changed its name, could anyone tell me what do I have to do to improve USCIS's transparency? If someone knows the answer, please enlighten me. But I guess I'll never know the answer because there is not a way, if USCIS is totally transparent, then even dump people will know how to play their game, won't need lawyers (the elite) anymore, so even if they know why they need to be transparent, they won't do it, it's called the government, not only the US government, every single governments around the world. And thus the creation of lawyers, the animal exists when there is unfairness and by taking advantage of us legal victims. Why does it sound especially bad when it's happening in the US? Liberty and Freedom, gave people hope, gave people dream, after people came here, they find out the system is not as perfect as they thought/wished. I personally think that US is still better than lots of other places out in the real world, that's why I'm still here, trying to make a difference. Not giving up just yet.

Alright, enough vernting, back to your question. If it's your new current correct address on I-751 when you file and all communications from USCIS to you about your I-751 case go to that address, then you're covered. The OP problem was (I think) he moved after he file which on his original I-751 had his old address.

[It's me 1]

im so very sorry to hear this

[LastSurvivor 0]

Concur - lawyer.

You have to find out why "they would of denied it anyway", because that says they didn't care about the info you sent for the RFE (or the sentator sending).

When I contacted my senator's office on 3/30 I sent over what I had at the office. I was told that would be fine but I had no idea that they intended to send that to the service center as being a duplicate of what I submitted originally. My case worker is asking me to send her copies of everything I originally submitted. HOPEFULLY, that will resolve this problem

A word to the wise here.... DO NOT MOVE during keystone dates. The service centers have MAJOR issues with change of address and getting their systems to get caught up with the COA. 99% of this problem is a direct result of this COA.

Hard to believe that you filed the address change promptly and still have troubles. My friend and his wife never even filed an address change before they filed the I-751 and had been living in a new location for 9 months. Not only were they approved but quickly. They filed a month after us and were approved a month earlier. This whole system is whacked.

LS

[maryces21 0]

Ok, question:

Do you have proof or receipt from the mail? If you dou, I wil first make a Infopass appoinment and And show the IO that you did response the RFE.

Second I will prepare a letter with an explanation what happened and new proof or you bonafide marriage (Olds and Currents) and in a polite way demand for a solution (that is what we did, when we received a denied letter 2 months ago)

Third: Prepare a motion to reopen case and attach copies of everything.

Fourth: Prepare everything to go to Court and at the end he will be the person will decided your wife destiny. If you can proof your marriage is real you will be all rigth.

And also understand how you and your wife are feeling, it happened to us too. And it was not easy, I thougth my world will end.

Good luck

[christera22 8]

Sorry to hear about this ... of course consulting an expert lawyer wont harm.

US immigration systems have made it a real fun of the system and pain for the people who go through it, only as becasue their people dont work properly and their online systems are bad. So allover the immigration system is uncertain ........... person goes through all the pain coming here, goes through all the pain of going through the AOS process, goes through all the pain of adjusting to the society, goes through all the pain of the interview stage, goes through all the pain of the joblessness etc etc , then after 2 yrs also its uncertain wherther they wd be perfectly ok or not ....... Strange really.... !!!