Intent of denial i130

[lca 0]

I recently received an intent of denial letter. We have been married for five years and they say there's not enough evidence to support the marriage. At this point I want to withdraw the process and move back to my country since we have been separated (not divorced) for two years. If I withdraw after supplying additional evidence, can I get a tourist or work visa to return to the us?

Thanks much.

[velnoure 2]

What kinds of evidence did you bring for your I-130?

I've been married to a USC for almost six years now and only filed for AOS this year (we live together, happy with the marriage), but I just did my biometrics and now waiting for the EAD or interview appointment. We've not received RFE letters from USCIS, much less a denial. We did hire a lawyer though, and that's most likely why we're making progress.

Edited June 7, 2011 by velnoure

[NigeriaorBust 4,087]

I recently received an intent of denial letter. We have been married for five years and they say there's not enough evidence to support the marriage. At this point I want to withdraw the process and move back to my country since we have been separated (not divorced) for two years. If I withdraw after supplying additional evidence, can I get a tourist or work visa to return to the us?

Thanks much.

If you are separated then you don't have a valid marriage for immigration purposes. Future visas will be tied to your proof of ties to your home country

I recently received an intent of denial letter. We have been married for five years and they say there's not enough evidence to support the marriage. At this point I want to withdraw the process and move back to my country since we have been separated (not divorced) for two years. If I withdraw after supplying additional evidence, can I get a tourist or work visa to return to the us?

Thanks much.

If you are separated then you don't have a valid marriage for immigration purposes. Future visas will be tied to your proof of ties to your home country

[Penguin_ie 5,997]

As PP said, you cannot adjust status based on a marriage if there- effectively- is no marriage, ie you are separated. Future visas will depend on the ties to your home country, but also any overstay you accrued and the circumstances of the AOS attempt.

[lca 0]

We have been separated because of work - she got work outside the country, so did I but this has only been for the past two years. We're still married.

If I withdraw the case or it gets denied, would that cripple my chances of getting the visa? (good ties in my home country).

At this point, i just want to get it over with and move back if needed and get a different type of visa if viable.

thanks.