I-130 Intention to Deny Petition

[thewarface 0]

So, I just received an intention to deny our petition. After my heart dropping, I have decided to do what I need to do to repeal the action but I was hoping I could get your guy's help.

I'd like to give you our background so maybe you can point me in the right direction with what I should submit in the repeal.

We met in Los Angeles, while both of us were there for work. We both work for the same company. We kept in touch for a couple months then decided to get married. She came out to Las Vegas, where I live, and we got married there. We spent a week together and then she went back. During the following month, August, I submitted the I-130. In October and November, I got sent out to Toronto, where she lives, for work and her and I lived together for 2 months and I have only been back for a couple weeks.

So...if I itemize the list they're looking for I get the following:

- Documentation showing join ownership of property: I have a house in Vegas, already, and she lives in an apartment so there is nothing here for us.

- Lease showing joint tenancy of a common residence: Hard to do seeing as she lives in Toronto.

- Documentation showing commingling of financial resources: We never really did this. Her and I have our own finances because we are still living separate lives. I guess there would be something here for us to do now, but what? Open a bank account together? Open a credit card account together? What can I do?

- Birth certificate: I didn't know I should have submitted this, but I will. Don't know how it shows a bona fide marriage, but I will definitely do this.

- Affidavits of third parties having knowledge: I would love to get everyone that knows us, our friends, work employees, etc. but what should these look like? What should they include? It mentions that these should be supported by one or more types of documentary evidence listed in this paragraph; I don't know what that means. What, along with the affidavits, should I submit?

- Any other documentation relevant: Not sure what this is either. Should I submit her plane tickets? My plane tickets? Pictures of our time together in Toronto? What else can I do to show them that this is legitimate?

I hope you guys can help me out. I want to do this as soon as possible. It really hurts right now knowing I have failed this process. I have failed myself, but most importantly, I have failed my wife. I want to make this right so badly, but I just don't understand the process as much as I should.

Thanks to all of you already who I have read your stories and guides. It has helped me this far and I hope you can do it again.

Aaron

[Harpa Timsah 13,258]

Please give more information about where you are in the process. Has an interview happened? Did you receive a RFE for the petition already?

[Darnell 8,479]

errata:

1. what was the return address to submit this information back to ?

2. was it an intent to deny or a request for evidence?

3. here's what I wrote about this stuff, ages past - note it took me a month to have it - http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

4. HER birth certificate is not listed in the I-130 instructions. I have to guess yer at a local USCIS office, and they not be reading the instructions. A copy of a certified birth certificate is sufficient, make sure it's the long form BC available from Canada.

5. other stuff - yup - trip receipts, full copy of your passport showing the stamps, call logs, logs of electronic stuff (email, skype, yim, etc)

6. there IS a format for the affadavit. From what I remember, it must be notarized.

Note to Harpa - they still be prior to NOA-2 - so it's really weird to get a notice to deny, unless it came in from a local office. Each local office seems to be using the JOINT I-130/I-485 instructions for I-130 stand-alone adjudication, and it sucks.

Edited December 7, 2012 by Darnell

[thewarface 0]

errata:

1. what was the return address to submit this information back to ?

2. was it an intent to deny or a request for evidence?

3. here's what I wrote about this stuff, ages past - note it took me a month to have it - http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

4. HER birth certificate is not listed in the I-130 instructions. I have to guess yer at a local USCIS office, and they not be reading the instructions. A copy of a certified birth certificate is sufficient, make sure it's the long form BC available from Canada.

5. other stuff - yup - trip receipts, full copy of your passport showing the stamps, call logs, logs of electronic stuff (email, skype, yim, etc)

6. there IS a format for the affadavit. From what I remember, it must be notarized.

Note to Harpa - they still be prior to NOA-2 - so it's really weird to get a notice to deny, unless it came in from a local office. Each local office seems to be using the JOINT I-130/I-485 instructions for I-130 stand-alone adjudication, and it sucks.

Yes. It came in from the Las Vegas office. There is no return address to submit. Do I submit it to the local office or back to the NBC? This was an Intent to Deny...so I don't know how bad that really is. Do I still have a chance? I'm so lost right now. Should her and I open a bank account together? Will that help now or is too late?

[Darnell 8,479]

Oh, there's an address on that letter - have another look ?

That is, if it's a postal letter.

[thewarface 0]

There is, indeed, an address on that letter. Should I send it back to there? Or both?

[Darnell 8,479]

I'm thinking to goes back to the Las Vegas Office, since they have the casefile.

I hope I'm right.

USUALLY an RFE is sent, but a Denial is weird, at this stage.

Can you write here, what's in the letter, redacting any personal info ?

[thewarface 0]

I will scan it in tomorrow morning at work. I'm so nervous right now, I'm shaking. I just don't know what to do.

[hikergirl 277]

So, I just received an intention to deny our petition. After my heart dropping, I have decided to do what I need to do to repeal the action but I was hoping I could get your guy's help.

I'd like to give you our background so maybe you can point me in the right direction with what I should submit in the repeal.

We met in Los Angeles, while both of us were there for work. We both work for the same company. We kept in touch for a couple months then decided to get married. She came out to Las Vegas, where I live, and we got married there. We spent a week together and then she went back. During the following month, August, I submitted the I-130. In October and November, I got sent out to Toronto, where she lives, for work and her and I lived together for 2 months and I have only been back for a couple weeks.

So...if I itemize the list they're looking for I get the following:

- Documentation showing join ownership of property: I have a house in Vegas, already, and she lives in an apartment so there is nothing here for us.

- Lease showing joint tenancy of a common residence: Hard to do seeing as she lives in Toronto.

- Documentation showing commingling of financial resources: We never really did this. Her and I have our own finances because we are still living separate lives. I guess there would be something here for us to do now, but what? Open a bank account together? Open a credit card account together? What can I do?

- Birth certificate: I didn't know I should have submitted this, but I will. Don't know how it shows a bona fide marriage, but I will definitely do this.

- Affidavits of third parties having knowledge: I would love to get everyone that knows us, our friends, work employees, etc. but what should these look like? What should they include? It mentions that these should be supported by one or more types of documentary evidence listed in this paragraph; I don't know what that means. What, along with the affidavits, should I submit?

- Any other documentation relevant: Not sure what this is either. Should I submit her plane tickets? My plane tickets? Pictures of our time together in Toronto? What else can I do to show them that this is legitimate?

I hope you guys can help me out. I want to do this as soon as possible. It really hurts right now knowing I have failed this process. I have failed myself, but most importantly, I have failed my wife. I want to make this right so badly, but I just don't understand the process as much as I should.

Thanks to all of you already who I have read your stories and guides. It has helped me this far and I hope you can do it again.

Aaron

I also got a Notice of Intent to Deny for my Birth Certificate from a local office. They want the long form birth certificate with both parents name - I had to special order mine as I only had a small card. I agree with Darnell in that it seems the Field Offices are not up to date with the requirements.

If possible have your wife open an RBC USA account. She can do that from a Canadian RBC branch. Once she has that and you two are together in one locale, she can call RBC USA and they will be able to add you to the account and voila you have a joint bank account.

We submitted the RBC account info, he was able to add me to his work life insurance with no SSN so we had that, I added him to my work life insurance, he was able to add me to his car insurance with my Cdn licence, plus we sent a bunch of flight itineraries and a few affidavits.

Best of luck in your Journey!

[Brother Hesekiel 2,236]

The sole purpose of the I-130 is to establish the relationship of the petitioner and the beneficiary. In your particular case they need to determine two things:

1) You are a US citizen

2) You are legally married to your wife.

There is no reason to deny an I-130, really, unless your wife is a minor or one of you wasn't free to marry.

[aluk 4]

Hi Aaron

I'm an october filer and I live here in Las vegas. Did you ever receive a notice that you were transfered to a local office. I know NBC says we won't but it seems some people have. I have an MSC number and have never been able to check it on line. I've heard nothing after first NOA and 'am getting a little paranoid if I should be trying to contact someone about my status. I called NBC awhile back and they gave me an email address to send my concern to. That was over a month ago and still nothing. I wish you and your wife the best and a speedy trip through this process. mitch

[thewarface 0]

Hi Aluk,

No...I did not receive a notice that it had been transferred to Las Vegas. I didn't hear anything after the first NOA either, but the fact that you can't check it online is bothersome. I would definitely continue to check on that. I went three months without hearing anything at all on it until this letter.

I meet with an immigration lawyer in an hour, so we'll see how that goes. I'm hoping he can help me. This process of denying right away is suspicious.

[Darnell 8,479]

The sole purpose of the I-130 is to establish the relationship of the petitioner and the beneficiary. In your particular case they need to determine two things:

1) You are a US citizen

2) You are legally married to your wife.

There is no reason to deny an I-130, really, unless your wife is a minor or one of you wasn't free to marry.

Alas, local offices are apparently using different rules of I-130 adjudication than CSC or VSC, and

it'####### or miss, RFE vs 'notice of intent to deny'

as apparently each local office has different guidelines about 'whats next' ...

and this sucks.

The I-130 does not require the beneficiary's birth certificate at all. It's no where in the instructions.

The local offices, IMO, are using rules of adjudication that are either OLD or are somehow hinged on adjustment of status guidelines.

Hi Aluk,

No...I did not receive a notice that it had been transferred to Las Vegas. I didn't hear anything after the first NOA either, but the fact that you can't check it online is bothersome. I would definitely continue to check on that. I went three months without hearing anything at all on it until this letter.

I meet with an immigration lawyer in an hour, so we'll see how that goes. I'm hoping he can help me. This process of denying right away is suspicious.

hey - can post that letter here, let us review it ? Thanks in advance !

[The Mean Lady 604]

Hi Aaron

I'm an october filer and I live here in Las vegas. Did you ever receive a notice that you were transfered to a local office. I know NBC says we won't but it seems some people have. I have an MSC number and have never been able to check it on line. I've heard nothing after first NOA and 'am getting a little paranoid if I should be trying to contact someone about my status. I called NBC awhile back and they gave me an email address to send my concern to. That was over a month ago and still nothing. I wish you and your wife the best and a speedy trip through this process. mitch

For you, since it's been 2 months since NOA1, I suggest you call USCIS and check your status. Speak with an ISO and ask them to tell you where your petition is. During a call like this, darnell found out his was sent to a local field office and is apparently slated for an interview. Call just in case you missed an RFE or something similar. Would be terrible to find out you never received notice of an interview.

OP- It seems like a lot of these I-130 "RFEs" are not coming out as RFEs but instead they are NOID (Notice of intent to deny).

It sounds like you didn't submit proof of your relationship.

Send in anything you can that shows you are a legit couple

Don't sweat the wording on it, submit your proof, then go have a cup of tea... or a beer... something to calm you down.

There are people that have gotten "notice of intent to deny" letters for beneficiary birth certificates which is ridiculous because it's their own rules that do not state that they are required.

But my point is, you haven't failed, you just need to give them what they want. /done

and this sucks.

[N-o-l-a 7,168]

Alas, local offices are apparently using different rules of I-130 adjudication than CSC or VSC, and

it'####### or miss, RFE vs 'notice of intent to deny'

as apparently each local office has different guidelines about 'whats next' ...

and this sucks.

Me thinks that this NBC and field office thing was really a hidden nightmare in disguise!