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

[JimVaPhuong 4,863]

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:

You should update your timeline.

So, you sent an I-130 and an I-129F for a K3, yes? And you got an RFE for the I-129F a couple of months later. Did you ever respond to the I-129F RFE? Your timeline also says you got an RFE for the I-130 more than two years after you sent it. Is this correct? Did you ever respond to THAT RFE? Is that why you finally got a denial on the I-130?

I'm dying to hear about this case. What the heck happened? What were the RFE's for?

[BinhJerome 14]

The person I talke with at the Consulate in HCMC said he WAS A CO. This is the second time I have stated this, this is not hear say from a friend of a friend, this is what he said he was a CO he told me this multiple times, never did he say FO it was always CO and he even said Consular Officer multiple times, because as you Jim I questioned his statement. Maybe he lied, but he was in the window with me while I was getting my affidavit of single status done butting in to chew out a worker when he was wanting his info, I saw a badge and everything that he showed, the badge was not like a police officer badge, but a name tag.

As far as any rebuttal goes, this can take time much longer than any new application should take, depending on the denial letter if they were seeking a ban or not, this is what I would use to determine my choice of action. We are already sick and tired of all the waiting, so if they were not saying that my fiancee/wife was going to get a perm ban then I would probably just do a refile and make sure that I front loaded all the evidence that diss proved their previous reasons for denial, again this is simply my opinion on the matter. Jerome

[JimVaPhuong 4,863]

The person I talke with at the Consulate in HCMC said he WAS A CO. This is the second time I have stated this, this is not hear say from a friend of a friend, this is what he said he was a CO he told me this multiple times, never did he say FO it was always CO and he even said Consular Officer multiple times, because as you Jim I questioned his statement. Maybe he lied, but he was in the window with me while I was getting my affidavit of single status done butting in to chew out a worker when he was wanting his info, I saw a badge and everything that he showed, the badge was not like a police officer badge, but a name tag.

As far as any rebuttal goes, this can take time much longer than any new application should take, depending on the denial letter if they were seeking a ban or not, this is what I would use to determine my choice of action. We are already sick and tired of all the waiting, so if they were not saying that my fiancee/wife was going to get a perm ban then I would probably just do a refile and make sure that I front loaded all the evidence that diss proved their previous reasons for denial, again this is simply my opinion on the matter. Jerome

Jerome, I'm not questioning what he told you. I'm sure he described himself just as you said.

FSO's must choose from one of five career tracks when they apply to become an FSO. One of those career tracks is "consular". An FSO with a consular career track may serve in another career track for all or part of one tour, including domestic assignments, but they spend most of their careers working in foreign consulates. When they are serving in a consular post, they have the title "Consular Officer". When they are not serving in a consular post, their title is whatever particular job they are assigned to. Regardless of what their job title is, they are still Foreign Service Officers.

An example that might clarify this - Admiral Mike Mullen currently has the job title of Chairman of the Joint Chiefs of Staff. When he leaves that job he will have a different job title, but he will still be a Naval officer.

[BinhJerome 14]

Jerome, I'm not questioning what he told you. I'm sure he described himself just as you said.

FSO's must choose from one of five career tracks when they apply to become an FSO. One of those career tracks is "consular". An FSO with a consular career track may serve in another career track for all or part of one tour, including domestic assignments, but they spend most of their careers working in foreign consulates. When they are serving in a consular post, they have the title "Consular Officer". When they are not serving in a consular post, their title is whatever particular job they are assigned to. Regardless of what their job title is, they are still Foreign Service Officers.

An example that might clarify this - Admiral Mike Mullen currently has the job title of Chairman of the Joint Chiefs of Staff. When he leaves that job he will have a different job title, but he will still be a Naval officer.

The Foreign Service Act, 22 U.S.C. § 3903 et seq., defines the following "members of the Service":

1. Chiefs of Mission (Ambassadors). They are appointed by the President, with the advice and consent of the Senate.
2. Ambassadors-at-Large. They are appointed by the President, with the advice and consent of the Senate.
3. Senior Foreign Service are the senior leaders and experts for the management of the Service and the performance of its functions. They are appointed by the President, with the advice and consent of the Senate.
4. Foreign Service Officers (FSOs), who hold career appointments and have general responsibility for carrying out the functions of the Service. They are appointed by the President, with the advice and consent of the Senate.
5. Foreign Service Specialists, who provide special skills and services required for effective performance by the Service (e.g., Special Agents of the Diplomatic Security Service). They are appointed by the Secretary of State.
6. Foreign Service Nationals (FSNs), are foreign national personnel who provide clerical, administrative, technical, fiscal, and other support at posts abroad. FSNs are also known as "locally engaged staff" (LES), although LES are not "members of the Service" as defined in the Foreign Service Act. "LES" can also include locally engaged Americans living abroad, but more often than not are foreign nationals.
7. Consular agents, who provide consular and related services as authorized by the Secretary of State at specified locations abroad.^[5]

^{To me this looks like a Consular agent is what we would call a CO just as he told me. I do not think that the President of the USA approves every entry level worker and people that do conduct interviews. He also told me that he DOES do interviews. I think you are a bit wrong with what a FSO is and that is where my misunderstanding with you came about from as I have always thought a FSO is a person very high up on the chain of command, and your posts made it out to be a simple post that anyone off the street could actually apply for, maybe I miss understood what you meant, but this is straight from the Department of States website, and clearly a FSO is a person of importance, and they are appointed by the President, so maybe instead of calling a CO a CO maybe we should start calling them a CA for Consular agent instead. Jerome}

[Teacher Mark 53]

What does that have to do with a rejected I-130?

[BinhJerome 14]

What does that have to do with a rejected I-130?

about as much as your post and this one does

[Teacher Mark 53]

about as much as your post and this one does

Really? You don't think minimum income requirements would be a reason for rejection J-Rome?

Edited April 21, 2010 by Mr. Saigon

[BinhJerome 14]

Really? You don't think minimum income requirements would be a reason for rejection J-Rome?

Of course they would, but with a person doing the application abroad, I would ASSUME that there are certain exceptions to the rule. Look at it like this, you have a job in Vietnam, what happens when you leave Vietnam??? I do not think that all jobs will transfer to the states, and the CO knows this. Granted this is all assumption so I think in such a case you would have to prove assets, and the potential income earnings once you came stateside, that or get some to CO sponser your application. If you are filing in Vietnam, you are not currently living in the US so you would have to prove "intent" on domicile in the United States, in my view this is the only way it could be done. Mr. Saigon, can you see any other course of action? I talked with Ralph and Hanh before they filed, and they did it stateside because of the Grey areas that came with filing in Vietnam, and I got my assumptions from talking with them as these were the things they needed to look into before filing, and even with their current application Ralph is not making the current "minimum income requirement" but his software job will exceed that minimum and that evidence was put into their CR1 file.

On another note I do not think it really matters what we call a CO other than when you try to write about your experiences as Mr Saigon pointed out we got off topic on the talk about a FSO or a CO, Jim you might say Tomato, and I might say Tamoto but in the end they look and taste the same, and none of this truly will help anyone with what is going on with their applications. Jerome

[brucelene 1]

You should update your timeline.

So, you sent an I-130 and an I-129F for a K3, yes? And you got an RFE for the I-129F a couple of months later. Did you ever respond to the I-129F RFE? Your timeline also says you got an RFE for the I-130 more than two years after you sent it. Is this correct? Did you ever respond to THAT RFE? Is that why you finally got a denial on the I-130?

I'm dying to hear about this case. What the heck happened? What were the RFE's for?

My husband replied RFE and sent all the evidences. You can read my post in K3 furom and IR/CR1. i explained it there clearly. thanks for the replie