i130 denied due to lack of evidence

[ll_ky 0]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

[Mononoke28 135]

I'm confused about the denial, you should've gotten an RFE requesting a copy of her divorce decree while putting the petition on hold. The only way I can see a denial on this is if they sent you an RFE requesting this document and you never replied. If that was the case then there is no need to appeal and you'd have to reapply.

If this is not the case then you can contact them to find out why they denied it and didn't send an RFE. I just find it odd that they didn't do this. Did they even cash the check?

And yes, you HAVE to send copies of a divorce decree if anyone has been married, it's part of the instructions.

Diana

[ll_ky 0]

I'm confused about the denial, you should've gotten an RFE requesting a copy of her divorce decree while putting the petition on hold. The only way I can see a denial on this is if they sent you an RFE requesting this document and you never replied. If that was the case then there is no need to appeal and you'd have to reapply.

If this is not the case then you can contact them to find out why they denied it and didn't send an RFE. I just find it odd that they didn't do this. Did they even cash the check?

And yes, you HAVE to send copies of a divorce decree if anyone has been married, it's part of the instructions.

Diana

No they didnt request further information. They sent me an EOIR-29 form and said I have 30 days to fle an appeal. I was wondering if with this appeal ad my brief explaining why I didnt include the divorce certificate with my I130 the first time. Should I send the aditional evidence. Yes the cashed my check back in May when I filed the i 130

[payxibka 10,047]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

Water over the bridge now but from the instructions to the I-130:

B. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

[ll_ky 0]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

Water over the bridge now but from the instructions to the I-130:

B. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

Ya hindsight I know that now Im just wondering if with my appeal I should just include the certificate

[payxibka 10,047]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

Water over the bridge now but from the instructions to the I-130:

B. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

Ya hindsight I know that now Im just wondering if with my appeal I should just include the certificate

I assume that document is the basis of your appeal... without it your appeal has no evidence to overcome the denial.

[NickD 203]

You're teed off at the USCIS for denying your application, and they are teed off at you because you didn't follow that part of their six page instructions as to what you have to supply in terms of documents. Apparently the USCIS does not trust those that issued you your marriage certificate, we had to bring our divorce papers in just to get a license, again with the application, again with the original at the AOS interview, and again when my wife applied for USC.

Wife just submitted an I-130 for her over 21 year old unmarried son, again had to pull out her divorce papers and send those in, it's the only tie to her previously married name on her son's birth certificate, to her present marriage certificate (also enclosed) to explain why her name is different on her USC certificate (also enclosed) than her son's birth certificate.

What's really at stake here for you besides the lost time is to whether they will charge you again for another I-130 application, they don't have to, by law. Should bend over backwards, carefully reread those six pages, circle in red what applies to you, and submit everything they are asking for. But also a bit surprised they didn't send you an RFE, maybe your IO already opened five envelops with missing documents and yours tee him/her off. You only need send in copies, keep your originals, will need those for your interview.

Edited September 2, 2009 by NickD

[ll_ky 0]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

Water over the bridge now but from the instructions to the I-130:

B. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

Ya hindsight I know that now Im just wondering if with my appeal I should just include the certificate

I assume that document is the basis of your appeal... without it your appeal has no evidence to overcome the denial.

thank you thats all I needed to hear. Just looking at all these forms is making me crazy.