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Form I-751 Denied for my Wife! WTF!?

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As a serviceman myself, we both know there is no such thing as too much documentation when it comes to the USG. I'd get EVERY bit of evidence I could and overwhelm them with data to show how erroneous their original claim of no relationship is. Photographs, emails, you name it. In fact in the two years my fiance and I have been together we traded over 10,000 emails. When we marry I will put her on every document I have. I figured DEERS would suffice but it looks like it doesn't, that's an odd one. Get statements from friends and relatives and ANYTHING that shows you two as a legitimate couple.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

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Filed: IR-1/CR-1 Visa Country: Vietnam
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We just got notification from the USCIS that our AOS (I-751) was denied by the Vermont Service Center. In a 3 page letter, they claim that "the evidence we submitted was not sufficient" and then they list evidence that they need. Everything that they suggest, we submitted, except one item..."children as a result of your marriage". Well, my wife and had to endure 3 miscarriages in 2010, but these inconsiderate bastards think our marriage is fake! I'm so angry!

When we had our interview at the Jacksonville USCIS location, we brought all our tax documents, joint savings accounts, driver license, military IDs, bills, proof of insurance, and even a box filled with photographs. But, they didn't even interview us! We drove 4 hours for nothing! They just took her finger prints and said, "well, thats all we need, you should get a green card in 6 months or so." If they had doubts about our marriage, then why didn't they interview us.

I can't believe that they think our marriage is a hoax. Just because we don't have kids (although my wife is 8 months pregnant now) they think its not a marriage in good faith!? I'm active duty military and I'm trusted with Top Secret clearances, flying multi-billion dollar aircraft and I assure you that the military is much more detailed in their investigation of my foreign spouse than USCIS could even dream of. Yet, somehow, the military didn't find any problems with our marriage and they trusted me and granted my clearances. This is such a slap in face.

Has anyone experienced anything similar? I don't know what else we can send them that certifies our true love of each other that we haven't already given them. My wife is due on Dec 6, but the USCIS wants our new evidence by 5 Dec, typical.

Sorry for the vent, but this is very frustrating.

So did you send joint savings accounts spanding the 2 years? Did you file married on the tax doucments and send that in? Everything else you mention doesn't really prove on going relationship. Driver License doesn't prove that she lives there just that she has an address there. You can add anyone to the insurance and having photos together is not strong evidence that you're "co-mingling". You could have gotten together to take pictures. I am not trying to disrespect what you sent in. I am just trying to "paint the peicture" of why they denied you.

I am asking this because my wife will have to go through getting the 10 years GC too. I am just trying to figure out what is needed so we can go through the journey quickly.

For example, I have bank statements spanning the 1.25 years we're together. I have medical bills showing that she is using my insurance (6 times in the last 1.25 years). She had credit card bills that are paid using our joint bank account. Not to mention she has Driver License and all the other documents. And the one evident that I think they will not take lightly is she the beneficary on my 401K.

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Filed: K-1 Visa Country: Armenia
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The callousness of some people on this website never ceases to amaze me. Perhaps the OP made some mistakes, but I think some of you (G/A seems to be a repeat offender on a variety of threads, perhaps having friends who work at USCIS clouds their judgment, or just maybe it's a personality defect) lose your basic humanity here, much like the faceless bureaucrats who we are depending on for making decisions about our futures. The OP is dealing with a variety of issues, several miscarriages and a pregnancy, which even the dumbest should realize is very high risk after 3 miscarriages. If you can't offer meaningful assistance, then why not stay away? If you need a place to dump your own psychological bilge, find some website and troll it where the subject material does not have any real impact on people's lives.

And as for comparing flying billion dollar aircraft to some made up paperwork process, you'd have to be a fool to relate those two. Aircraft are designed logically, there are fixed and well established rules on their operation. This paperwork nightmare dreamt up by a committee often has no rhyme or reason to it.

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Filed: Citizen (apr) Country: Canada
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I do not want to insensitive at all (and as a woman myself) perhaps your wife's doctor could compose a letter detailing her miscarriages last year as well without going into too much personal detail.

I'm sorry USCIS are(is?) being a knob - ovewhelm them with solid evidence and I'm sure it will clear things up for them.

Good luck!

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Country:
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I do not want to insensitive at all (and as a woman myself) perhaps your wife's doctor could compose a letter detailing her miscarriages last year as well without going into too much personal detail.

I'm sorry USCIS are(is?) being a knob - ovewhelm them with solid evidence and I'm sure it will clear things up for them.

The proof of miscarriages ins't necessary and is in fact a bit morbid.

How is USCIS "being a knob", the OP failed to provide sufficient evidence so USCIS sent him a form letter stating such and listing recommendations for evidence that could help them get the approval they seek. So tell me what did USCIS do wrong in this case?

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The callousness of some people on this website never ceases to amaze me. Perhaps the OP made some mistakes, but I think some of you (G/A seems to be a repeat offender on a variety of threads, perhaps having friends who work at USCIS clouds their judgment, or just maybe it's a personality defect) lose your basic humanity here, much like the faceless bureaucrats who we are depending on for making decisions about our futures. The OP is dealing with a variety of issues, several miscarriages and a pregnancy, which even the dumbest should realize is very high risk after 3 miscarriages. If you can't offer meaningful assistance, then why not stay away? If you need a place to dump your own psychological bilge, find some website and troll it where the subject material does not have any real impact on people's lives.

And as for comparing flying billion dollar aircraft to some made up paperwork process, you'd have to be a fool to relate those two. Aircraft are designed logically, there are fixed and well established rules on their operation. This paperwork nightmare dreamt up by a committee often has no rhyme or reason to it.

I couldn't have said it better..no one here is an expert at this stuff if they were they would be immigration attorneys..people need to stop acting like they know it all and stop putting down those that are mereley asking questions or advise

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Filed: IR-1/CR-1 Visa Country: Ghana
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Do you not need a marriage certificate with the I751? Should that not be proof enough? I am just asking because I did not see that part of the evidence turned in.

Marriage: 09-12-2009

USCIS

4-26-10 Sent of I-130

10-07-10 Approved

10-12-10 Received hardcopy of NOA2

NVC

10-12-10: NVC has application but case number yet to be assigned.

10-18-10: Case number assigned.

10-19-10: Provided both email addresses

10-23-10: DS-3032 emailed; no response

10-28-10: Received IIN, dithering around instead of paying the fee

10-30-10: DS3032 Kit and I-864 AOS review fee ($88) online payment; In Process

11-03-10: I-864 AOS status 'PAID"; printed cover sheet and mailed I-846EZ package

11-04-10: I-864EZ AOS received and signed by N. Visa Center

11-05-10: DS-230 IV fee ($404) online payment

11-17-10: AOS entered into the system

12-03-10: IV fee paid ($404); In Process

12-06-10: DS-230 IV status 'PAID',

12-07-10: IV package mailed out

12-08-10: DS-230 IV package delivery; signed by N. Visa Center

12-14-10: DS230 entered into system; yay

12-29-10: SIF

12-30-10: Case Completed @ NVC

Total days @ NVC:79 I-130 to Case Complete 249 days

Consulate

08-25-11: Consulate Interview Schedule

xxxx: Medicals

10-20-11: Interview 8:30AM Need Co-sponsor

11-17-11: Visa granted

12-09-11: Picked up visa from Accra Consulate

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Do you not need a marriage certificate with the I751? Should that not be proof enough? I am just asking because I did not see that part of the evidence turned in.

Marriage certificate is only proof of legal marriage. It does not prove a "real" relationship :blush:

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Filed: K-1 Visa Country: Germany
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I think you got some really good advice.

If you already submit the evidence then maybe overlooked it or lost it. This seems to happen sometimes.

Just put all your evidence together again:

tax transcripts from the year you are married to now. You can order those transcripts via telephone by the IRS, they mail it to you or your wife at no cost. It will show you filed taxes married!

Bank statements of the last 2 years with both of your names on it, one every 4 month.

Credit card statements showing both of you or at least the same address.

Medical insurance showing both of you

Car insurance showing both of you

Car registration in both of your names or just to show the same address

Lease or warranty deed showing both of you

Life insurance showing the spouse as beneficiary

401k showing the spouse as beneficiary

letters from friends stating that they know you as a married couple

pictures from vacations with supporting details (reservation, etc.)

Then in your letter as answer to the RFE you can state that you are looking forward to the birth of your child and if you don't have some evidence, explain.

I am sure if you send all the above in and even if you already did, just do it again, you will be approved.

Good luck

Sib

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Filed: IR-1/CR-1 Visa Country: Germany
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sib,

Indeed I have gotten some good information, and for those that provided help thank you. Again, I apologize for the emotionally charged post and the confusion I may have caused. But, judging from some of the comments on this post, I'm going to request the moderators to close this topic as it can quickly deteriorate into insults and attacks.

Thanks all. I'll keep you posted on our progress.

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Filed: Citizen (apr) Country: Ukraine
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I couldn't have said it better..no one here is an expert at this stuff if they were they would be immigration attorneys..people need to stop acting like they know it all and stop putting down those that are mereley asking questions or advise

Immigration attorneys are very rarely experts on immigration.

When a person is so clearly ignorant or the process and the instructions, the best thing they can do is read the instructions before doing anything else. Some people cannot understand instructions or are unable to do what is necessary themselves (perhaps deployed military for example) and for them it is better to pay someone that knows what they are doing. Those are the facts.

It seems to be OK for someone to go on a rant, accusing USCIS of being callous and foolish and heartless and stupid, when in fact nothing they are ranting about is correct, but it is not OK to point out that the person doing that needs to learn something about the process which will benefit himself and his family. Too bad.

Post such as above give no advice or answers and only serve to criticize real advice and answers. Very easy to do. Post Police. :lol:

Having friends in the USCIS has been of benefit to the members here and had the OP read the pinned topic at the top of the forum first he may not have had the problem he does. I have no better advice for anyone than to read what is available here at VJ

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-1 Visa Country: Armenia
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How advice is offered is as important as the advice itself. Treat people like idiots, they won't listen to you, and you might as well not waste your time. But if you haven't figured that out by now, you never will. And yes, your contact at USCIS has resulted in some useful information, but I believe it has also clouded your judgment about the department and how it conducts its affairs.

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WaitinginSeattle, Please enlighten me and the others on VJ as to what USCIS has done wrong in this case?????????

I would like to know this too...but this thread will be closed before then, I'm betting. ;)

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