LETTER OF DENIAL....

[epey_denz24 1]

refer to file No WAC#################

it is the ordered by the director of the california service center that the form I-130petition for alien relative filled for BENEFICIARY be denied because

The pettioner may,if he or she wishes appeal the director decision using the enclosed notice of appeal to the board of immigration appeals:

SEE ATTACHMENT

of decision of district,form BOIR-29 the petitioner must submit

such an appeal to this office with a filling fee of $ 110.00 do not send the appeal directly to the board of immigration Appeals.if the petitionerdoes not file an appeal within the time allowed this decision is final

a brief or other written statement in support of the appeal may be submitted

with the notice of appeal the Form BOIR-29 must reach this office within 30 calendar days from the date on this notice please direct any question to the U.S Citizenship and immigration service office nearest the petitioner residence

CRISTINA POULOS

DIRECTOR

the petitioner filed Form I-130 for alien relative for classification of the beneficiary under section 201(B)(2)(A)(i) of the immigration and nationality Act,as spouse of a citizen of the united state

to establish eligibility,the petitioner must submit evidence of the claimed spousal relationship

8 C.F.R 204.2(a)(2) state in pertinent part

evidence for petition for a spouse. in addition to evidence of united state citizenship or lawful permanent residence the petitioner must also provide evidence of the claimed relationship A Petition submitted on behalf of a spouse must be accompanied by... a certificate of marriage issued by civil authorities and proof of the legal termination of all previous marriages of both the the petitioner and the beneficiary.

a review of the record reflects that the petitioner did not initialy submit sufficient documentation to establish the claim relationship as required by the federal regulation therefore the uscis and immigration service afforded the petitioner an opportunity to submit the required evidence.

On march 10 2009 the petitioner was advice within 30 days the following evidence

1. Proof of Lpr status for the petitioner Dennis Viray Tan

2. form g325a properly completed and signed for Dennis Viray Tan

3. Two Passport Style photograph of the Petitioner Dennis Viray tan

On april 7 2009 The Petitioner submitted a naturalization Cert. as proof of Citizenship upgraded request for the BENEFICIARY status to an IMMEDIATE relative two passport style of photograph

of himself. However the Petitioner didn’t submit a completed form G325a for himself as requested by the USCIS.

The Petitioner has not submitted sufficient documentary evidence to qualify the beneficiary for classification as Spouse within the meaning of section 201(B)(2)(A)(i) of the act therefore the petition is DENIED

do we need TO REFILE????

[sasha414 0]

im so sorry dear

[L179 1]

You never properly filed the petition from what I understand. Form G-325A is part of the initial application.

I am really sorry to hear that, but having a chance to appeal is definately not the end!

Best of luck

[Giskat09 2]

what kind of visa are you applying for? K1 or K3 or CR1?

Please make sure that ALL THE DOCUMENTS that is needed/required should SUBMITTED TO USCIS. Just read the instructions carefully. It's not that hard - all you need is to follow and collect the necessary documents.

If you're filing for K3 or Cr1 - click this: CR1 or K3 Instructions

Edited June 5, 2009 by jiskat08

[epey_denz24 1]

SO shall we go for appeal?? or to refile again... we dont know what to do. my husband dont have any knowledge finding good immigration lawyer. he is presently residing at san jose california.

[Giskat09 2]

SO shall we go for appeal?? or to refile again... we dont know what to do. my husband dont have any knowledge finding good immigration lawyer. he is presently residing at san jose california.

I'm asking you what type of visa did you applied? K1 (fiance) or K3/CR1 (Immigrant)..

Tell your husband to refile again... Do you have any email add or ym? Message me.

[Brian and Dona 0]

refer to file No WAC#################

it is the ordered by the director of the california service center that the form I-130petition for alien relative filled for BENEFICIARY be denied because

The pettioner may,if he or she wishes appeal the director decision using the enclosed notice of appeal to the board of immigration appeals:

SEE ATTACHMENT

of decision of district,form BOIR-29 the petitioner must submit

such an appeal to this office with a filling fee of $ 110.00 do not send the appeal directly to the board of immigration Appeals.if the petitionerdoes not file an appeal within the time allowed this decision is final

a brief or other written statement in support of the appeal may be submitted

with the notice of appeal the Form BOIR-29 must reach this office within 30 calendar days from the date on this notice please direct any question to the U.S Citizenship and immigration service office nearest the petitioner residence

CRISTINA POULOS

DIRECTOR

the petitioner filed Form I-130 for alien relative for classification of the beneficiary under section 201(B)(2)(A)(i) of the immigration and nationality Act,as spouse of a citizen of the united state

to establish eligibility,the petitioner must submit evidence of the claimed spousal relationship

8 C.F.R 204.2(a)(2) state in pertinent part

evidence for petition for a spouse. in addition to evidence of united state citizenship or lawful permanent residence the petitioner must also provide evidence of the claimed relationship A Petition submitted on behalf of a spouse must be accompanied by... a certificate of marriage issued by civil authorities and proof of the legal termination of all previous marriages of both the the petitioner and the beneficiary.

a review of the record reflects that the petitioner did not initialy submit sufficient documentation to establish the claim relationship as required by the federal regulation therefore the uscis and immigration service afforded the petitioner an opportunity to submit the required evidence.

On march 10 2009 the petitioner was advice within 30 days the following evidence

1. Proof of Lpr status for the petitioner Dennis Viray Tan

2. form g325a properly completed and signed for Dennis Viray Tan

3. Two Passport Style photograph of the Petitioner Dennis Viray tan

On april 7 2009 The Petitioner submitted a naturalization Cert. as proof of Citizenship upgraded request for the BENEFICIARY status to an IMMEDIATE relative two passport style of photograph

of himself. However the Petitioner didn’t submit a completed form G325a for himself as requested by the USCIS.

The Petitioner has not submitted sufficient documentary evidence to qualify the beneficiary for classification as Spouse within the meaning of section 201(B)(2)(A)(i) of the act therefore the petition is DENIED

do we need TO REFILE????

In plain terms, you didn't submit enough evidence to support filing for an I-130. This is because you either did not send a certified copy of the marriage certificate, did not respond to the RFE when they asked for it, or you are not married legally to file the I-130 form. ( However the Petitioner didn’t submit a completed form G325a for himself as requested by the USCIS). You did not send a completed g325 form as per USCIS request. This is why they denied the petition. You can either refile at $355, and submit all nec docs, or pay the $110 appeal fee.

PLEASE DON'T BE DISCOURAGED, ALL YOU HAVE TO DO IS FILL OUT AND SEND ALL RELATED DOCS FOR THE I-130, AND THAT IS COMPLETE G325 FOR YOU AND BENEFICIARY, AND ANY OTHER DOCUMENTATION THE USCIS ASKS FOR.

[Y's_habibitk 2]

Its up to you guys. You can appeal for 110.00 and send in what they asked for intially on the "RFE"(request for further evidence) or you can refile and pay the 355.00 again and submit everything necessary this time

1. Proof of Lpr status for the petitioner Dennis Viray Tan <--- he sent this after the RFE

2. form g325a properly completed and signed for Dennis Viray Tan <---he needs this

3. Two Passport Style photograph of the Petitioner Dennis Viray tan <--wasnt addressed, probably needs this also.

I dont know what the timeline is for appeals, you may be better off refiling.

I went thru the instructions and highlighted what documents were needed and then made a list, after I filled everything out, I gathered the nessecary docs and checked them off the list. this may be easier for your husband to make sure he hasnt missed anything.

Good Luck. Dont worry too much, you arent out of options AT ALL. Its just a small setback in time.

[Beth/ Paris Heart 2]

refer to file No WAC#################

it is the ordered by the director of the california service center that the form I-130petition for alien relative filled for BENEFICIARY be denied because

The pettioner may,if he or she wishes appeal the director decision using the enclosed notice of appeal to the board of immigration appeals:

SEE ATTACHMENT

of decision of district,form BOIR-29 the petitioner must submit

such an appeal to this office with a filling fee of $ 110.00 do not send the appeal directly to the board of immigration Appeals.if the petitionerdoes not file an appeal within the time allowed this decision is final

a brief or other written statement in support of the appeal may be submitted

with the notice of appeal the Form BOIR-29 must reach this office within 30 calendar days from the date on this notice please direct any question to the U.S Citizenship and immigration service office nearest the petitioner residence

CRISTINA POULOS

DIRECTOR

the petitioner filed Form I-130 for alien relative for classification of the beneficiary under section 201( B) (2)(A)(i) of the immigration and nationality Act,as spouse of a citizen of the united state

to establish eligibility,the petitioner must submit evidence of the claimed spousal relationship

8 C.F.R 204.2(a)(2) state in pertinent part

evidence for petition for a spouse. in addition to evidence of united state citizenship or lawful permanent residence the petitioner must also provide evidence of the claimed relationship A Petition submitted on behalf of a spouse must be accompanied by... a certificate of marriage issued by civil authorities and proof of the legal termination of all previous marriages of both the the petitioner and the beneficiary.

a review of the record reflects that the petitioner did not initialy submit sufficient documentation to establish the claim relationship as required by the federal regulation therefore the uscis and immigration service afforded the petitioner an opportunity to submit the required evidence.

On march 10 2009 the petitioner was advice within 30 days the following evidence

1. Proof of Lpr status for the petitioner Dennis Viray Tan

2. form g325a properly completed and signed for Dennis Viray Tan

3. Two Passport Style photograph of the Petitioner Dennis Viray tan

On april 7 2009 The Petitioner submitted a naturalization Cert. as proof of Citizenship upgraded request for the BENEFICIARY status to an IMMEDIATE relative two passport style of photograph

of himself. However the Petitioner didn't submit a completed form G325a for himself as requested by the USCIS.

The Petitioner has not submitted sufficient documentary evidence to qualify the beneficiary for classification as Spouse within the meaning of section 201( B) (2)(A)(i) of the act therefore the petition is DENIED

do we need TO REFILE????

In plain terms, you didn't submit enough evidence to support filing for an I-130. This is because you either did not send a certified copy of the marriage certificate, did not respond to the RFE when they asked for it, or you are not married legally to file the I-130 form. ( However the Petitioner didn't submit a completed form G325a for himself as requested by the USCIS). You did not send a completed g325 form as per USCIS request. This is why they denied the petition. You can either refile at $355, and submit all nec docs, or pay the $110 appeal fee.

PLEASE DON'T BE DISCOURAGED, ALL YOU HAVE TO DO IS FILL OUT AND SEND ALL RELATED DOCS FOR THE I-130, AND THAT IS COMPLETE G325 FOR YOU AND BENEFICIARY, AND ANY OTHER DOCUMENTATION THE USCIS ASKS FOR.

You have 2 options my dear. #1 Appeal, but nobody knows how long USCIS will take to reply to the appeal. Cost $110.00

#2 Start over, start from scratch, do it all right this time. All the forms and pay the $355.00 filing fee. Use the guides for the forms, docs, etc. I-130 form, G325A filled out by both of you, passport photos, any final divorce decrees or death cert.

marriage cert, proof of citizenship, wedding photos, etc. etc.

Either way, its not over, not over by a long shot, so please be happy there!!! Some dont get this shot, so run with it. Good luck and my very best wishes for you and him.

[vj007 0]

i would suggest a refiling, a simpler, less stress and very likely faster way.

People first, then money, then things!!

good luck to you!

[Beth/ Paris Heart 2]

i would suggest a refiling, a simpler, less stress and very likely faster way.

People first, then money, then things!!

good luck to you!

I AGREE!!!!!!!!!!!!!!!!!!!!!!

[payxibka 10,047]

what kind of visa are you applying for? K1 or K3 or CR1?

Please make sure that ALL THE DOCUMENTS that is needed/required should SUBMITTED TO USCIS. Just read the instructions carefully. It's not that hard - all you need is to follow and collect the necessary documents.

If you're filing for K3 or Cr1 - click this: CR1 or K3 Instructions

the OP provided this info in the initial post... this is a denial for the I-130... the I-130 is a petition for Alien relative (ie..determination of eligibility for an immigrant visa)

[epey_denz24 1]

ok THANK YOU ALL..

[epey_denz24 1]

SO shall we go for appeal?? or to refile again... we dont know what to do. my husband dont have any knowledge finding good immigration lawyer. he is presently residing at san jose california.

I'm asking you what type of visa did you applied? K1 (fiance) or K3/CR1 (Immigrant)..

Tell your husband to refile again... Do you have any email add or ym? Message me.

hi my husband filled petition while he was LPR then he became USC. here my email add epey_denz24@yahoo.com.

i would suggest a refiling, a simpler, less stress and very likely faster way.

People first, then money, then things!!

good luck to you!

so do we have to refile and abandon our denied I130?? or just finish the 30 days they gave b4 refile???

[Beth/ Paris Heart 2]

SO shall we go for appeal?? or to refile again... we dont know what to do. my husband dont have any knowledge finding good immigration lawyer. he is presently residing at san jose california.

I'm asking you what type of visa did you applied? K1 (fiance) or K3/CR1 (Immigrant)..

Tell your husband to refile again... Do you have any email add or ym? Message me.

hi my husband filled petition while he was LPR then he became USC. here my email add epey_denz24@yahoo.com.

i would suggest a refiling, a simpler, less stress and very likely faster way.

People first, then money, then things!!

good luck to you!

so do we have to refile and abandon our denied I130?? or just finish the 30 days they gave b4 refile???

After the time passes 30 days as stated on the denial letter, the old file will be closed, done, finish.

Then start all over and file again!!! New start, new beginning. Best wishes !!!!!!