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Posted

I think this might be actually BETTER as now it's not in the hand of the (hopefully NOT) same IO dealing with your case. Sometimes immigration judge is better when it comes judgement as long as you have your stuff together.

I have a feeling that you've been trolled, HARD...

Don't worry, you have our support.

Posted

I think this might be actually BETTER as now it's not in the hand of the (hopefully NOT) same IO dealing with your case. Sometimes immigration judge is better when it comes judgement as long as you have your stuff together.

I have a feeling that you've been trolled, HARD...

Don't worry, you have our support.

I agree that it's better to deal with a judge - at least he/she would not act like a bully and will actually apply the law, it's his/her job to be impartial. No IO will dare yell at you or your wife in front of a judge. Plus you have the attorney with you to make sure everything is presented clearly to the judge. Keep your hopes and your cool, all this nightmare would soon be behind you.

Goce, you asked about similar case decisions but in order to find that, we would have to know the exact reasons given for your denial by USCIS and the facts (or what USCIS chaims are the facts) supporting these reasons. The whole story is so unbelievable that I still don't understand why they denied you, except because they can. Anyway, I am sure your attorney is familiar with case law and knows what to say to the judge.

10/07/2007 Entered the US on J-1 visa

11/03/2008 Changed status to F-1

02/14/2010 Married

03/15/2010 Filed AOS (from F-1)

05/27/2010 AOS approved, GC Issued

02/28/2012 Mailed I-751 (Removal of Conditions)

03/01/2012 I-751 received by CSC/NOA Issued

03/15/2012 Biometrics letter sent

04/12/2012 Biometrics appointment per letter

05/27/2012 GC expires

Posted

I guess the principle of "innocent until proven otherwise" has turned into "guilty until proven otherwise" for IOs these days.

It is not just happen these days, "guilty until proven otherwise" has been there forever.

Instance, in applying for a non-immigrant visa: "The presumption in US Immigration Law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating such bla bla bla requirements".

Thus I guess it also applied to I-751ers, that our marriage considered "fraud" until proven otherwise?

Oh well..

I-751 ROC Timeline

10/21/11 ROC sent

10/25/11 NOA

11/06/11 BIO

07/30/12 RFE Received

08/13/12 RFE Respond

09/04/12 Approval

09/17/12 GC Received

Posted

Well, now that you're going before a judge in Removal Proceedings, USCIS must prove, by a preponderance of the evidence, that your marriage is a fraud...INA Section 216 shows that the burden of proof is on them. As long as you haven't given them any ammo, you should be fine...and hopefully this nightmare will end for you. Just don't get angry before the judge has made a decision!

Marriage : 2009-06-30

CSC: 155 days

I-130: 2009-10-01

NOA1: 2009-10-15

NOA2: 2010-03-05

I-129F: 2009-10-16

NOA1: 2009-10-23

NOA2: 2010-03-05

NVC: 60 days

Case #: 2010-03-11

AOS Paid: 2010-03-15

IV Bill Paid: 2010-03-24

Package Sent: 2010-03-29

AVR says received: 2010-04-02

RFE: 2010-04-13

Sign in Fail: 2010-05-10

CONSULATE: 17 days

Medical: 2010-06-04

Interview: 2010-06-15 - APPROVED!

Visa rcv'd: 2010-06-21

POE: 2010-06-29 LAX (286 Days from when we started this whole mess!)

CSC- ROC

Mailed 2012-06-05

NOA1 2012-06-07

Biometrics 2012-07-16

RFE 2013-02-06

Posted

ok!!beside the 2 bank account we have ,the 6 years tax return as married ,debitcards,check books ,life insurance ,att family plan,pictures wit friends this and that and our lawyer ,what else we can use as ammo to winn this battle !! is it scary going to court ,are the judges generous,the time frame of us beeing merried for 6 years what else we can do or think off!!! any advise please!!

Posted

I think this might be actually BETTER as now it's not in the hand of the (hopefully NOT) same IO dealing with your case. Sometimes immigration judge is better when it comes judgement as long as you have your stuff together.

I have a feeling that you've been trolled, HARD...

Don't worry, you have our support.

hi Steve how are you?

what do you think how should we proceed to all this situation?what is your best advise for us beside the lawyer!!we all ready have a lawyer!! do you have any advise or lets say stories from people that went to immigration court !! what are the odds from court cases!!are the judges anti immigrant behaved or .......

I guess the principle of "innocent until proven otherwise" has turned into "guilty until proven otherwise" for IOs these days.

ok!!beside the 2 bank account we have ,the 6 years tax return as married ,debitcards,check books ,life insurance ,att family plan,pictures wit friends this and that and our lawyer ,what else we can use as ammo to winn this battle !! is it scary going to court ,are the judges generous,the time frame of us beeing merried for 6 years what else we can do or think off!!! any advise please!!

0

I guess the principle of "innocent until proven otherwise" has turned into "guilty until proven otherwise" for IOs these days.

ok!!beside the 2 bank account we have ,the 6 years tax return as married ,debitcards,check books ,life insurance ,att family plan,pictures wit friends this and that and our lawyer ,what else we can use as ammo to winn this battle !! is it scary going to court ,are the judges generous,the time frame of us beeing merried for 6 years what else we can do or think off!!! any advise please!!

0

Posted

ok!!beside the 2 bank account we have ,the 6 years tax return as married ,debitcards,check books ,life insurance ,att family plan,pictures wit friends this and that and our lawyer ,what else we can use as ammo to winn this battle !! is it scary going to court ,are the judges generous,the time frame of us beeing merried for 6 years what else we can do or think off!!! any advise please!!

Goce, your attorney would be the best person to ask this question. It sounds like you have enough documents to show bona fide relationship, and I don't know if the judge would care to see more paperwork than that (and if they review USCIS's decision for abuse of discretion only, they won't). There are always more things you could show - rental agreement/house deed, affidavits from family/friends, health insurance, medical records that mention the spouse as emergency contact or as someone who visited while the other one was hospitalized, greeting cards addressed to both of you (or cards from her family to their wonderful son-in-law), any document that lists both of you as married, even facebook pictures of the two of you or statuses with comments from friends that show people see you as a couple, the list is endless... The question is, do you need all this stuff?

10/07/2007 Entered the US on J-1 visa

11/03/2008 Changed status to F-1

02/14/2010 Married

03/15/2010 Filed AOS (from F-1)

05/27/2010 AOS approved, GC Issued

02/28/2012 Mailed I-751 (Removal of Conditions)

03/01/2012 I-751 received by CSC/NOA Issued

03/15/2012 Biometrics letter sent

04/12/2012 Biometrics appointment per letter

05/27/2012 GC expires

Posted

Goce, your attorney would be the best person to ask this question. It sounds like you have enough documents to show bona fide relationship, and I don't know if the judge would care to see more paperwork than that (and if they review USCIS's decision for abuse of discretion only, they won't). There are always more things you could show - rental agreement/house deed, affidavits from family/friends, health insurance, medical records that mention the spouse as emergency contact or as someone who visited while the other one was hospitalized, greeting cards addressed to both of you (or cards from her family to their wonderful son-in-law), any document that lists both of you as married, even facebook pictures of the two of you or statuses with comments from friends that show people see you as a couple, the list is endless... The question is, do you need all this stuff?

hi !! i think that with the stuff we send them the very first time for that i-751 ,noone send that much evidence like we didi !! i can bet on that 100% what ellse they want !! i just want to make sure u know !!i dont feel that usa will force me to leave my wife and family here because some io that gets 150k a year decide that i can sit in a cell with his uncle hose that jumped over the fence !!! thanks

 
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