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

[lindal24 1]

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.

DCF is an option, not necessarily a guaranteed better shot.

Reason: just because you're living in the same country doesn't necessarily mean that you are living together as husband and wife--you could be there for work or travel. Even providing evidence of consumating a marriage, I wouldn't be surprised if COs still consider the case a sham. hahaa...

Just do the best you can with your petition and wish for the best!

[Teacher Mark 53]

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.

Then you'd have to worry about the minimum income requirements (among other things), unless you're wealthy.

Edited April 20, 2010 by Mr. Saigon

[Tuanv 2]

Does the CO in the U.S have the authority to reverse a decision that the CO in Saigon makes?

[sachinky 465]

There are NO consular officers in the U.S.

Do you mean USCIS?

[BinhJerome 14]

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.

No confusion here, he is telling many people not to try and keep it at the consulate, on k1, and on cr1's as well. Once any case is denied, he feels that it is dead, done, finshed, over, and time to refile, not do a rebuttal

[BinhJerome 14]

There are NO consular officers in the U.S.

Do you mean USCIS?

There are Consular officers in the US. They might not do the same job that they do overseas, but they ARE a consular officer. There are some that are put on perminate assignment in the US, and others that will serve 18 months out, then 18 months in the states, but the answer is still NO they can not over rule any decision, all that can happen is that the case would be reaffirmed and sent back once more or they would let it expire, or worst case they would affirm the reasons for denial being a sham relationship and then putting on a perminate ban

[BinhJerome 14]

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.

No the DCF route does not guarentee a better shot, and there are people that feel the wage requirements would weigh down any such application, but they take it into account, and since it is a CR1 and not a K1 it is a bit different on the income standards, the main thing is that you would have to show proof that you would be able to earn a specific amount, and that you would prove you can have a place to live since you are not living in America and are planning on moving back to America it would be hard to have proof you are currently making enough, so there is a slightly different standard, I think it would be based more on assets than actual current income, but I might be mistaken on my assumption. Ralph and Hanh skipped the DCF route if I am not mistaken and Ralph had his father actually send in their application stateside so Charlie when you are here if you want I can introduce you to Ralph and you can talk to him about what he did and is doing. Jerome

[NQT1976 1]

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?

Did you read the denial letter carefully ?

it stated: if you fail the rebuttal your wife will be banned to enter US forever. how can you file a new I130 ?

anyone can file a new K1 visa but not a new CR1 visa

good luck.

BTW I'm in same boat with you.

[Kevin and 10]

No confusion here, he is telling many people not to try and keep it at the consulate, on k1, and on cr1's as well. Once any case is denied, he feels that it is dead, done, finshed, over, and time to refile, not do a rebuttal

Wow. From what I understand once a CR1/IR1 case is sent back, you have to prepare some kind of rebuttal or risk having a marker on the file for a permanent ban. There are a few of us that have gone through the rebuttal process.

[BinhJerome 14]

Wow. From what I understand once a CR1/IR1 case is sent back, you have to prepare some kind of rebuttal or risk having a marker on the file for a permanent ban. There are a few of us that have gone through the rebuttal process.

That is what he told us, granted it was on a K1 not a Cr1 but he was clear with any denial, and said a rebuttal was a waste of time and it was easier and quicker to simply refile, and as for the denial and a rebuttal, that would really have to be decided if they let the application expire or if they truly try to put a "BAN" tag on your wife. I am sure if they were stating that they were going to ban her that Marc would tell a person to do a rebuttal, but they do not always ban people when they fail usually they just let it expire or send it back reaffirmed

[vuster 0]

No confusion here, he is telling many people not to try and keep it at the consulate, on k1, and on cr1's as well. Once any case is denied, he feels that it is dead, done, finshed, over, and time to refile, not do a rebuttal

Don't know about K1, but for CR-1/IR-1, in my opinion, it would be a big mistake to refile and not do a rebuttal. Doing a rebuttal gives you an opportunity to present all the evidence you have and also to present a timeline of sort. It is like "frontloading"; only it's for a second interview. And, I think the CO cannot disregard this evidence because it is forwarded by USCIS with a statement as to why they reaffirmed the case.

[JimVaPhuong 4,863]

There are Consular officers in the US. They might not do the same job that they do overseas, but they ARE a consular officer. There are some that are put on perminate assignment in the US, and others that will serve 18 months out, then 18 months in the states, but the answer is still NO they can not over rule any decision, all that can happen is that the case would be reaffirmed and sent back once more or they would let it expire, or worst case they would affirm the reasons for denial being a sham relationship and then putting on a perminate ban

Technically, I think they're called Foreign Service Officers. I don't think they get the title of Consular Officer unless they're working at a US consulate. As you say, there are many FSO's who stay in the US. I don't know about the rotation you mentioned, and I don't know if the Department of State would continue to refer to them as Consular Officers while they're in the US. I do know that they couldn't do the same work in the US because there are no US consulates in the United States.

The reason things work like they do is because of the different authorities granted by law to each of the departments of the government involved. The Department of Homeland Security, through USCIS, has the authority to approve, deny, or revoke visa petitions. The Department of State, through the consulates, has the authority to approve or deny a visa application. Most non-immigrant visas do not require a petition, so the process begins and ends at the consulate. Fiancee and spousal visas do require a petition to establish the eligibility of the foreigner to apply for that visa. When a consulate denies the visa that doesn't end the process. As long as the approved petition exists, the foreigner would continue to be eligible to apply for a visa. In order to end this eligibility, the consulate has to send the petition back to USCIS requesting that the approval be revoked. If USCIS ultimately reaffirms the approval, then the foreigner returns to the consulate for another interview - same petition, new visa application.

This is why I think Marc may be misleading people if he says that the visa application is dead and finished once it's been denied. As long as the petition is still approved and valid, the consulate has the authority to issue a visa. There is no law that prevents them from reversing their decision until they actually return that approved petition back to USCIS (they need the approved petition in their hands to issue a visa). Perhaps it is Marc's experience that they never do this anymore, but I would still do everything I could to make them at least consider it.

As far as a rebuttal - you can't send a rebuttal until USCIS makes a decision on the petition. Until they issue a NOID letting you know that they intend to revoke the approval of the petition, there is really nothing to rebut. This would be like filing an appeal of a judge's decision before the judge has issued a ruling. You can't really do anything until USCIS makes a decision. If they decide to just let the petition expire, then they really haven't made any ruling on the CO's request. Apparently, this is now coming back to bite people when they file the second petition.

[brucelene 1]

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

yes you should be prepared of whats coming. like us we're not really prepared about the shocking mail we got yesterday. A letter from the Supervisor of the Customer Assistance Office of USCIS saying our petition I-130 got denied last year Dec 18,2009 and we just received a letter yesterday.And we checked our status online it says IT'S PROCESSED IN CALIFORNIA and called USCIS and they said the petition was still being processed in California. All the 2 yrs and 9 months of waiting, this is all we got? So its better to be prepare on what to do next.

What are the best things you can share with us. or to someone here who might get denied. what's best thing to do? please give us advises and ideas. :help:

[Tuanv 2]

There are NO consular officers in the U.S.

Do you mean USCIS?

LOL, yes

[Tuanv 2]

yes you should be prepared of whats coming. like us we're not really prepared about the shocking mail we got yesterday. A letter from the Supervisor of the Customer Assistance Office of USCIS saying our petition I-130 got denied last year Dec 18,2009 and we just received a letter yesterday.And we checked our status online it says IT'S PROCESSED IN CALIFORNIA and called USCIS and they said the petition was still being processed in California. All the 2 yrs and 9 months of waiting, this is all we got? So its better to be prepare on what to do next.

What are the best things you can share with us. or to someone here who might get denied. what's best thing to do? please give us advises and ideas. :help:

That's crazy. 2 years! Should there be a time limit on this kind of application?