What is the best option for someone who got his I-130 denies?

[Tuanv 2]

What is the best option for someone who got his I-130 denies? Should he ask the CO in the U.S to review his application? Or file a new I-130?

[coraliesolms 47]

It depends on the reason for the denial. You will have to try and give us more information to be able to help you.

[SweetApple08 2]

What is the best option for someone who got his I-130 denies? Should he ask the CO in the U.S to review his application? Or file a new I-130?

Sorry to hear that. Reason why it was denied?

[Tuanv 2]

I am sorry guys: I should have state that this is not base on anyone. I just want to be prepared.

[CoolHand2x2y2z 0]

.

Edited April 18, 2010 by 2x2y2z

[JimVaPhuong 4,863]

I am sorry guys: I should have state that this is not base on anyone. I just want to be prepared.

In this hypothetical scenario, are we talking about the I-130 being denied by USCIS, or are we talking about the visa being denied by the consulate?

[Tuanv 2]

In this hypothetical scenario, are we talking about the I-130 being denied by USCIS, or are we talking about the visa being denied by the consulate?

Deny at the consulate.

[JimVaPhuong 4,863]

Deny at the consulate.

Ok, hypothetically, I would move as quickly as possible to try to stop the petition from being sent back to USCIS. If I wasn't already in Vietnam, I'd hop on the next flight over. I'd try to talk to the CO, the visa section chief, the Consulate General, or anyone else who would listen to me. I'd bring evidence in wheelbarrows full unload them at the consulate. And I'd hire a good lawyer. If you can keep the petition at the consulate then you have shot at getting the decision reversed.

Once the petition goes back to USCIS, all you can do is wait for them to make a decision. If they issue a NOID or NOIR, then I'd have all of that evidence trucked in to the service center and dumped on the adjudicator's desk.

If they still revoked the petition, I'd file another I-130 and do it all over again. Eventually, the CO would get sick of me and issue the visa just to get rid of me. Only AFTER my wife got her US citizenship, we would move back to Vietnam and live next door to the CO.

[Darnell 8,478]

Deny at the consulate.

IF DENIED, and not a basic '221-G, request for more info/evidence' -

then.. Strongly suggest to you -

to file a new I-130 petition.

Good Luck !

[BinhJerome 14]

Ok, hypothetically, I would move as quickly as possible to try to stop the petition from being sent back to USCIS. If I wasn't already in Vietnam, I'd hop on the next flight over. I'd try to talk to the CO, the visa section chief, the Consulate General, or anyone else who would listen to me. I'd bring evidence in wheelbarrows full unload them at the consulate. And I'd hire a good lawyer. If you can keep the petition at the consulate then you have shot at getting the decision reversed.

Once the petition goes back to USCIS, all you can do is wait for them to make a decision. If they issue a NOID or NOIR, then I'd have all of that evidence trucked in to the service center and dumped on the adjudicator's desk.

If they still revoked the petition, I'd file another I-130 and do it all over again. Eventually, the CO would get sick of me and issue the visa just to get rid of me. Only AFTER my wife got her US citizenship, we would move back to Vietnam and live next door to the CO.

Jim, this is the exact opposite of what Marc Ellis is telling people to do. He says if it is denied, it is dead, finished over, nothing you can do, and even tells people not to do a rebuttal, but to simply file again once you can disprove their original reasons for denial. With that said, I do not agree, and that is one of the reasons I do not truly feel comfortable with Marc as a lawyer at least one that I would ever want to hire. What I would do is not wait for a true denial, and if you get put into AP then I would hurry and come back to Vietnam, and do what Jim said to do, bring tons of evidence, and request a meeting with the CO, or someone in charge, and simply plead your case. If your case did get denied, I would do the same thing, and I would also start looking into other possibilities such as another application, or even trying to get her to a different country and then try to file there. Hopefully this is simply dismal thinking and it will not happen in your case. Good luck and Binh and I are rooting for you. Jerome

[lambchop4life 6]

Ok, hypothetically, I would move as quickly as possible to try to stop the petition from being sent back to USCIS. If I wasn't already in Vietnam, I'd hop on the next flight over. I'd try to talk to the CO, the visa section chief, the Consulate General, or anyone else who would listen to me. I'd bring evidence in wheelbarrows full unload them at the consulate. And I'd hire a good lawyer. If you can keep the petition at the consulate then you have shot at getting the decision reversed.

Once the petition goes back to USCIS, all you can do is wait for them to make a decision. If they issue a NOID or NOIR, then I'd have all of that evidence trucked in to the service center and dumped on the adjudicator's desk.

If they still revoked the petition, I'd file another I-130 and do it all over again. Eventually, the CO would get sick of me and issue the visa just to get rid of me. Only AFTER my wife got her US citizenship, we would move back to Vietnam and live next door to the CO.

I wonder how much money this hypothetical situation would cost? anyone care to guess a hypothetical price?

[BinhJerome 14]

I wonder how much money this hypothetical situation would cost? anyone care to guess a hypothetical price?

It depends, if you hire a lawyer or not, Marc did not want to do anything for us when we got denied, but he would handle a refile for us, granted ours was k1 and not a Cr1 but the main cost if you did it yourself would be a plane ticket back to vietnam, and the money you spend while over here trying to get through to the CO, and worse case the fees associated with a new application. So basically the same amount you already spent filing the original application, plus another plane ticket to Vietnam, and if you hired Marc I think his rate is $1500 to handle a new case. Jerome

[JimVaPhuong 4,863]

Jim, this is the exact opposite of what Marc Ellis is telling people to do. He says if it is denied, it is dead, finished over, nothing you can do, and even tells people not to do a rebuttal, but to simply file again once you can disprove their original reasons for denial. With that said, I do not agree, and that is one of the reasons I do not truly feel comfortable with Marc as a lawyer at least one that I would ever want to hire. What I would do is not wait for a true denial, and if you get put into AP then I would hurry and come back to Vietnam, and do what Jim said to do, bring tons of evidence, and request a meeting with the CO, or someone in charge, and simply plead your case. If your case did get denied, I would do the same thing, and I would also start looking into other possibilities such as another application, or even trying to get her to a different country and then try to file there. Hopefully this is simply dismal thinking and it will not happen in your case. Good luck and Binh and I are rooting for you. Jerome

I don't ever recommend people blindly do whatever their attorney recommends. At best, an attorney will only know your case at a superficial level, and their perspective will be colored by all of the other cases they've handled. If you don't like the advice they give then make them justify whey they're recommending it. If you're still not satisfied, then don't follow their advice. You're the one who ultimately has to live with the consequences.

It wasn't that long ago that Marc was recommending people to try to stop the consulate from sending the petition back. Apparently, he's changed his opinion on this. Maybe it doesn't work anymore. I'd still try to do it. Maybe my case would be the 1 in 1000 where it worked. Maybe it wouldn't work, but it would be better than forever wondering what would have happened if I'd only tried.

[lambchop4life 6]

What about going the DCF route would that guaranteed a better shot, since you're require to live in the country for at least 6 month? if that's not a legitimate marriage evidence i don't know what is.

[Kevin and 10]

Jim, this is the exact opposite of what Marc Ellis is telling people to do. He says if it is denied, it is dead, finished over, nothing you can do, and even tells people not to do a rebuttal, but to simply file again once you can disprove their original reasons for denial. With that said, I do not agree, and that is one of the reasons I do not truly feel comfortable with Marc as a lawyer at least one that I would ever want to hire. What I would do is not wait for a true denial, and if you get put into AP then I would hurry and come back to Vietnam, and do what Jim said to do, bring tons of evidence, and request a meeting with the CO, or someone in charge, and simply plead your case. If your case did get denied, I would do the same thing, and I would also start looking into other possibilities such as another application, or even trying to get her to a different country and then try to file there. Hopefully this is simply dismal thinking and it will not happen in your case. Good luck and Binh and I are rooting for you. Jerome

You may be confusing a I129f (Technically a non-immigrant visa) with the I130 (immigrant visa).

Our I130 made it back to the Consulate after being reaffirmed at the USCIS.