My wife is a US citizen and applying for the dv lottery

[joenlemy 2]

They basically didn't say it straight up so i don't have to fight it , This is the part am talking about.

II shall be noted. however, that the nominal submission of prima facie evidence may not be sufficient to

establish the bona fides of a claimed relationship. as many of the items simply involve paper documentation

- -- -- that.can.be.easily.set-up .to-make .a..-fraudulent-marnage-appear ..bona-fide such records can be changed and

manipulated within minutes by simply completing and submitting forms to the appropriate administrative

offices. But more important, this type of documentary evidence gives absolutely no insight into the nature

of a claimed relationship, (he level of emotional involvement, or (he day-to-day activities of such

relationship.

Am sorry if it had mistakes, i just copied it from a scanned pdf file.

Sam, Everything about immigrating to the U.S. is a fight. It is our Responsability to prove the bonifides of our relationship to our SO. You got denied 10/27/10. If you got denied then you petition should have been sent back to USCIS for denial proceedings. If you and your wife didn't respond to the NOIR or NOID then I believe you would have gotten a P6C marker in your file. Filing a new petition.IR1 ,your still going to need to prove your relationship to your wife is bonifided.

Someone suggested contacting Marc Ellis. I have to agree, here is his link http://www.marcellislaw.com/

Best of luck to you

[kennym 275]

She has a large close family in Colombia.

Sounds like it was a bad move for her to come here. Perhaps you need to consider moving.

Boiler... I know your joking, because only a thoughtless person would say something like that.. Someone who doesnt consider all the implications of re-locating the primary bread-winner.. Many of the reasons others choose to live in the USA with their family exists in our situation as well..

There are however, many many foriegners relocating to Colombia.. Americans as well, I know many that I've met on my trips.. They have the resources or the means to support themself..

I will tell you, if I had the oppuritunities or new how to generate income, I would have lived there, and my wife would have been much hapier.. It was not easy convincing my wife to leave, but, it's fairly clear she did it because she loved me.. Not because of the greencard, or the chase of the almighty, elusive dollar...

And there-in lies my point..

When it comes to family, the burden to show a bonified relationship should remain, however, the Burden to DisCredit or Disprove Fraud, scams, or shams shouldn't lie on the petitioners or the Beneficiary, in the contrary, the USCIS and the DOS should have the Burden and to prove that a relationship is based on fraud and for immigration purposes.. There needs to be more than, "they feel"...

[Om&Abo Malik 12]

They accused us of lying and supporting fruaded documents also all of the documents we sent was notarized here at the foreign ministry and the marriage certificate was even notarized at the US embassy and attached to the Translated english documents but me and my wife know the real reason, its the age difference.

At the ministry it clearly states in their rules that no stamps will be given if their is more then a 20 year age gap between spouses. You are saying both that one your more then 20 years apart and that you got everything notarized at the foreign ministry? is this where fraudulent documents come in? if that is the case i am not even sure that refiling is going to help your situation at all. The consulars are very aware of procedures and cultural practices of the country that they are in. I am not judging whether or not you are truly in love or speaking of bonafides that is not my place i am just saying those are the rules and consular is aware of them. Really i am confused because when i look under find my content under your profile i find only 2 posts and nothing about your previous denial. I am assuming you or your wife did not respond to noid or noir? Maybe a lawyer can help you, i don't really know

[kennym 275]

I NEVER said or even have thought that "everyone" wants to live in America, quit putting words in my mouth (post). I am an American citizen, and I moved abroad because I wasn't happy in America, and America never was my "dream land" either! How about if you want Americans to stop stereotyping about you, you do the same about Americans?

Hey Amy, I don't beleive Sam was refering to you specifically..

Butt the Stereo typing is something that happens regardless of who you are.. Americans Stereo Type eveyone, and it's true the other way around as well..

Many Countries have their opininons about Americans..

Let me tell you about the Stereo Typing I've been dealing with.. It's quiet sad... But it tells you how we are, not just Americans, bet all cultures..

When my friends found out I met my Wife-to-be, and that she was from Colombia, and they saw some photos of us together which I proudly shared with them.. The first thing they noticed was that she was stunning, and quiet a bit younger than me..

Soooooo... They first said,

"DUDE! You know she only wants the greencard!"

I wasnt suprized or insulted by thier comments.. The fact was, It took Her and I years of getting to know each other before I considered a relationship with her.. In fact, durring the first few year I knew her, I was trying to introduce her to friends of mine.. It wasnt until later, we considered dating.. So I knew if All she wanted was the GreenCard, she would have hapily considered relatinships with the guys I introduced her to.. But she didn't.. She didnt like thos guys.. I assure you, they were all better off and better looking than me..

So, 5 years later, (immigartion stuff, KI, Interview, POE, bla bla bla) she and I arrived back into the USA for her first time ever.. I was surprized how she did not kiss the ground, on her first steps onto US SOil... Nope, she was not as excited about being away from Colombia, as I some would think.. Looking at her facial expressions, she wasnt convinced that the sacrifices she was making to be here was in her best interests..

Well she slowly accepted the fact she was here..

The cool part of this story, was for our wedding, I was amazed buy something.. All the friends who assumed the worst about her and her motives, quickly saw how genuine she was and they all realized how wonderful she really was..

The issue was they all assumed that her motives was to use me for the GC.. Its based on stero typing.. You're not the only person who faces it.. we all do..

I'm overweight, I get stereo typed every day.. its a way of life.. I think it's wrong, but its reality..

Stereo typeing is many of the reasons our immigration challenges exists..

Edited October 23, 2011 by kennym

[joenlemy 2]

"Stereo typeing is many of the reasons our immigration challenges exists"

Well said

[RightClicK 17]

For Sam bearing in mind your wife's situation her moving must be the obvious solution.

You just need to focus on making that happen.

It would be very hard for her to come here because she has 4 kids and one of them is married and have a child and they don't speak my county's language and they wouldn't be able to find jobs easily here because of the language and i for sure can't support them all now....so this is very hard.

[RightClicK 17]

Sam, Everything about immigrating to the U.S. is a fight. It is our Responsability to prove the bonifides of our relationship to our SO. You got denied 10/27/10. If you got denied then you petition should have been sent back to USCIS for denial proceedings. If you and your wife didn't respond to the NOIR or NOID then I believe you would have gotten a P6C marker in your file. Filing a new petition.IR1 ,your still going to need to prove your relationship to your wife is bonifided.

Someone suggested contacting Marc Ellis. I have to agree, here is his link http://www.marcellislaw.com/

Best of luck to you

The case never came here , it was denied from there .....so its been over long time ago ...and thanks for the link and the advice

Wish you the best luck too

[RightClicK 17]

At the ministry it clearly states in their rules that no stamps will be given if their is more then a 20 year age gap between spouses. You are saying both that one your more then 20 years apart and that you got everything notarized at the foreign ministry? is this where fraudulent documents come in? if that is the case i am not even sure that refiling is going to help your situation at all. The consulars are very aware of procedures and cultural practices of the country that they are in. I am not judging whether or not you are truly in love or speaking of bonafides that is not my place i am just saying those are the rules and consular is aware of them. Really i am confused because when i look under find my content under your profile i find only 2 posts and nothing about your previous denial. I am assuming you or your wife did not respond to noid or noir? Maybe a lawyer can help you, i don't really know

Well , Im Egyptian and i live here and they notarize it without any problem and its none of their bussines , once iam married and got it recorded at the ministry of justice , the foreign ministry has to notarize it once i payed the fees for the notary ...so there is no fraud in the documents ,and im going to post today the denial letter once i have it all written down because it has my personal information...

[joenlemy 2]

The case never came here , it was denied from there .....so its been over long time ago ...and thanks for the link and the advice

Wish you the best luck too

My mistake!!!Your petition never made it past USCIS. Knowing that I would suggest filing again . This time include everything you have of your relationship, photos, letters,phone records...Trips she made to see you. Money you sent her, money she sent you. anything you can come up with. Letters from family.

You have a child together...Are you listed as the father on the birth certificate? 1 of the strongest pieces of evidence to a bonafide marriage is having children together. You may need DNA testing to prove this.

Everything about you and your spouse is their business. its sad but true

[RightClicK 17]

My mistake!!!Your petition never made it past USCIS. Knowing that I would suggest filing again . This time include everything you have of your relationship, photos, letters,phone records...Trips she made to see you. Money you sent her, money she sent you. anything you can come up with. Letters from family.

You have a child together...Are you listed as the father on the birth certificate? 1 of the strongest pieces of evidence to a bonafide marriage is having children together. You may need DNA testing to prove this.

Everything about you and your spouse is their business. its sad but true

I have all you just mentioned above...my wife sent the lawyer tons of proof but she didn't bother to send them all to the USCIS , so i guess that was the reason for the denial and yea we have the most beautiful baby together , can i do the DNA test in Egypt and send it to her and she do the DNA test to my son and send it all to them ....also i would like to ask you about something ,my wife is coming in a week or 2 to stay with me for 6 months and go for DCF , should i do that or just apply from there...i dunno whats the best also , we can apply for IR1 now.

Thanks for the replays and sorry for the many questions

[Boiler 46,116]

Boiler... I know your joking, because only a thoughtless person would say something like that.. Someone who doesnt consider all the implications of re-locating the primary bread-winner.. Many of the reasons others choose to live in the USA with their family exists in our situation as well..

Sometime my posts are tongue in cheek, but not this one.

My SO wanted to move to my country, the primary reason things got switched around and I came to the US was that I have very little family, she has a lot. And more were coming. It was the grandchildren.

But it never occurred to me that I would bring the rest of my close family with me, Brother and Father, or that they would want to come. Never asked them. My SO was not buying into a job lot.

If I was not prepared to buy into that then I would not be here.

It is not really an immigration issue, seems common for generations to live a long way away, no doubt why the Airports are jammed on Thanksgiving.

[Boiler 46,116]

It would be very hard for her to come here because she has 4 kids and one of them is married and have a child and they don't speak my county's language and they wouldn't be able to find jobs easily here because of the language and i for sure can't support them all now....so this is very hard.

You have one child together, presumably a dual citizen.

One has left the nest.

How old are the other 2?

It may be that she would like to see them out of High School, or can the their father take over.

I think you said she has no job, you have a good one and a house.

Language, well you learned English time to start taking classes.

[RightClicK 17]

Sometime my posts are tongue in cheek, but not this one.

My SO wanted to move to my country, the primary reason things got switched around and I came to the US was that I have very little family, she has a lot. And more were coming. It was the grandchildren.

But it never occurred to me that I would bring the rest of my close family with me, Brother and Father, or that they would want to come. Never asked them. My SO was not buying into a job lot.

If I was not prepared to buy into that then I would not be here.

It is not really an immigration issue, seems common for generations to live a long way away, no doubt why the Airports are jammed on Thanksgiving.

Same here...iam 1....they are 6 including my newborn son....see why its me who has to immigrate

[RightClicK 17]

You have one child together, presumably a dual citizen.

One has left the nest.

How old are the other 2?

It may be that she would like to see them out of High School, or can the their father take over.

I think you said she has no job, you have a good one and a house.

Language, well you learned English time to start taking classes.

well....14...17..my child 2 months....she can't just leave them...i have a job...but it would cover 3 of them so 4 of us ...im not running a company lol.

I don't understand what you meant by its time to start taking classes.

[Boiler 46,116]

I would have thought she would want to learn your language? I learnt American idioms when I came here, there is a lot of differing terms and usage. Probably a lot more to learn. Similar between Spanish and Mexican Spanish.

So the 17 year old will be leaving soon, still at High School?

So the real issue is the 14 year old.

There may well be options, something to explore.