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You would HOPE they would send an RFE before a denial but I guess if there is nothing in there that they feel remotely shows a bonafide relationship and they feel that the marriage is fraudulent they probably aren't required to.

The OP needs to give more information in regards to what he sent and what the denial letter said. Until then no one can really give any sound advice apart from seeking legal representation and appealing the decision.

Hate to be devil's advocate and do not by any means mean to be rude... But has the OP seen ANY red flags throughout the entire relationship that may point in the direction of the marriage being fraudulent?

11/18/08 - Arrived in U.S. on B2 visa

02/05/09 - Extended return plane ticket to stay for an extra 3 months

04/23/09 - Decided we didn't want to be apart even though we extended the stay and got married!

04/30/09 - Sent I-130/I-485/I-765 from B2 (no I-693 as it is not yet complete.)

05/03/09 - Received email form USPS stating that package had arrived safely and was signed for!

05/11/09 - Received NOA1's for I-130/I-485/I-765

05/16/09 - Received Biometrics Appointment

05/30/09 - Received a CRAZY amount of RFE's that were dated 05/21/09

06/01/09 - Biometrics Appointment Scheduled. In and out in 10 minutes!! Sent off RFE information (Should arrive in MO on Wed.)

06/03/09 - USCIS received RFE response

07/23/09 - I called to have a service request put in

07/24/09 - I-765 Touched (FINALLY)

07/25/09 - I-765 CARD PRODUCTION ORDERED!!!!!!!! (About time!)

08/03/09 - EAD card came in the mail WOOHOO!!!

08/07/09 - Interview letter arrived

09/02/09 - Interview Date

09/07/09 - I think this is the day I received my Green Card.. Can't quite remember anymore.

Removal Of Conditions

08/03/11 - WOW it's already been TWO years! Sent ROC package to VSC.

08/05/11 - NOA1 date which arrived 8/10/2011

09/02/11 - Bio Appointment the notice was dated 8/12/11

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What was the letter saying as reason for denial.? USCIS don't care how much money and who sends money to who? What USCIS need are proof of bonafide marriage esp. joint accounts or financial activities that u both share as husband and wife. That includes joint bank accounts, utility bills in both ur names(some companies let u do that)., Health insurance cards, letters addressed to both same address and stuff like that.

I understand how ur wife is going t hrough this time. What her friend told her was all non sense. I worked hard to send how much money i wanna send to my family and i did not have a problem with my removing of condtion.

They might need more evidence from u guys.

yes i too agree that not contributing to pay the expense is the reason for denial. they just want the joint bank statment , but they don't check what the money is used for, i was not working at the time of removing the condition , so i was not contributing any money towards expenses, but we had a joint bank account and joint credit card and i had sent boththe statements. infact i got the condition removed without any interview. it depends on how much you could convince them that your marriage is in good faith. can you pls give the list of evidences submitted .

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Filed: Other Country: Afghanistan
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yes i too agree that not contributing to pay the expense is the reason for denial. they just want the joint bank statment , but they don't check what the money is used for, i was not working at the time of removing the condition , so i was not contributing any money towards expenses, but we had a joint bank account and joint credit card and i had sent boththe statements. infact i got the condition removed without any interview. it depends on how much you could convince them that your marriage is in good faith. can you pls give the list of evidences submitted .

Heck, I used a black marker to cover up the dollar amounts...

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Filed: Citizen (apr) Country: Germany
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I guess you can make a difference between not having any income to support the household and having income and chose not to support the household. I still don't think this was THE reason for the denial.

Either the OP hasn't submitted enough other evidence of his bonafide marriage or there were other red flags during a possible interview, IF there was an interview.

Like other said, OP, can you give a list of all the documents you submitted and what exactly does the denial letter say?

Lawyer up before you start the appeal but start gathering EVERY bit of evidence you can find to submit with the appeal. Also, start talking to people (family, friends) and ask them to write affidavits.

That's a messed up situation you are in, I hope your wife can calm down soon so you guys can plan and go the next steps. The journey isn't over yet!!

Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 received visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transferred to California Service Center

01/16/2008 letter to Congressman

03/27/2008 GREENCARD arrived

ROC

02/02/2010 filed I-751

07/01/20010 Greencard arrived

 

Naturalization

12/08/2021 N-400 filed 

03/15/2022 Interview. Approved after "quality review"

05/11/2022 Oath Ceremony

 

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Filed: Lift. Cond. (apr) Country: China
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When you think about it.... a lot of people send money to their parents, brothers, etc, etc... BUT how many couples send exactly (or almost) their particular salary every month back home? That would be a HUGE red flag for me... even if the husband made $10,000 a month and that more than paid for the bills. If I make $8,000 a month and my wife makes $2,000 it is pretty stupid to send 2k back home every month since it just screams of having a bf or husband back in the home country. Everyone that isn't in the typical situation has to think, "How is this going to look to a stranger?" Because anything unusual can be interpreted as something that it isn't... such as fraud.

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Maybe when you admitted how much she is sending home, that it kept you from meeting the income requirements?

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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Filed: Citizen (apr) Country: Canada
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Maybe when you admitted how much she is sending home, that it kept you from meeting the income requirements?

Sorry but there is no income requirement for removal of conditions.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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So it does sound like the two of you did have an interview. Was the interview together in one room or were each of you interviewed alone. Do post the text of the letter you got and what evidence you did provide.

Yes we was both put into seperate rooms and interviewed. Not once during the interview did they ask me about Nicole's salary going back to help her parents...

I'll get the notice back from the lawyers office sometime today and post what it says. Had to take it their and give it to his secretary since the lawyer is on vacation (grrrrrrrrrrrrrrr)so she could start the paper work on it to have it ready for him when he got back. I asked the lawyers secretary if she has heard anything like this before. I don't know if she knows what she is saying or just telling me something to get me out of the office. She told me that its all based on what they have seen in cases that end up later on being fraudulant. She said that "Nicole shouldn't have been sending her entire salary (18,560.00+ each year)back home. It makes Nicole look like she has no desire to (commingling assets???) or share in the responsibilites of using some of her salary to pay on some of the bills. Sending once or twice a month would have been acceptable but sending her entire salary for the full two years would make things suspicious in the eyes of immigration or any other person who was looking at our case. You both should have waited until after Nicole obtained her us citizenship this way you wouldn't have had to deal with immigration any more." I plan to see if I can talk to someone in immigration about it again today. I tried to call uscis yesturday but after being on hold for 2 hours I just gave up waiting.

This countries immigration rules are all messed up!!!!!!

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Yes we was both put into seperate rooms and interviewed. Not once during the interview did they ask me about Nicole's salary going back to help her parents...

I'll get the notice back from the lawyers office sometime today and post what it says. Had to take it their and give it to his secretary since the lawyer is on vacation (grrrrrrrrrrrrrrr)so she could start the paper work on it to have it ready for him when he got back. I asked the lawyers secretary if she has heard anything like this before. I don't know if she knows what she is saying or just telling me something to get me out of the office. She told me that its all based on what they have seen in cases that end up later on being fraudulant. She said that "Nicole shouldn't have been sending her entire salary (18,560.00+ each year)back home. It makes Nicole look like she has no desire to (commingling assets???) or share in the responsibilites of using some of her salary to pay on some of the bills. Sending once or twice a month would have been acceptable but sending her entire salary for the full two years would make things suspicious in the eyes of immigration or any other person who was looking at our case. You both should have waited until after Nicole obtained her us citizenship this way you wouldn't have had to deal with immigration any more." I plan to see if I can talk to someone in immigration about it again today. I tried to call uscis yesturday but after being on hold for 2 hours I just gave up waiting.

This countries immigration rules are all messed up!!!!!!

Okay so they already suspected something based upon interviewing you sperately. What evidence did you provide them in support of the joint applciation. Things like joint bank statements, utlitiy bills, etc. Getting the lawyer started on the appeal is good. Calling USCIS at this point will not help so just avoid that frustration. You need to do an appeal. Best of luck.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

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As you were both interviewed separately it's possible that the denial is based on more that just your financial issue.

You should both write down all you can remember about your separate interviews - questions and the answers you gave. There may be a series of discrepancies about your answers about your lives they may be basing your interview result on.

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I think immigration is getting alot of pressure because of the Debt Limit/Deficit Reduction going on in congress. To make sure to look for anything that might potentially cause someone to become a public charge. I would really like to see what was said in the notice. Hope you can post that soon.

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Filed: K-1 Visa Country: Brazil
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You are supporting the entire family and sending them to college ?

See the post on Sugar Daddys.

Sorry everyone I didn't get to finish what else I needed to say in my first post. Our computer showed unexpected error and had to restart....

When Nicole started working two years ago she wanted to send her salary back home to her parents to help her three sisters to finish school, and for the oldest to attend college when she graduates from high school next year. I understand that things is very tough in the Philippines and its what all filipina's do is try to help her family back home. I don't have a problem with it cause it was her money that she using. I know my own dad did the samething for my grandparents in Colorado back in the 50's when he was in the Navy.

Surely Nicole isn't the only one that has done this. I know Visajourney is just a small fraction those going through the immigration bs and lifting of conditions. What are our options in this. I am scared to death that their going to send her back home. I would contact the lawyer that helped us but the ####### is on vacation and can't be reached. I would appreciate any thoughts what Nicole and I can do.

Thanks

Scott

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