Intend to deny I-129F w/ AWA

[paustin 1]

After almost 2 years, today we received a letter of intend to deny due to the case falls under AWA. We have submitted what we thought is everything, and now they request those things again *sigh*, I am not sure what we should do. This is so disappointing...

1. Certified copies of all existing police report and court records..... (already send that and certified)

2. Trial transcripts (already send that and certified).

3. Any other criminal, etc. (send background check and everything..)

4. The terms and conditions or any requirements set forth by the jurisdiction (send that and completion certificates)

5. Complete copies of all SOR records (we dont' have that in this state).

Ugh.. what do we do at this point? Could someone please advice or provide suggestions? On 11/15 the online case said they reopen the case but the letter dated 11/22, so that means they already made decision after that online case status update.

Thanks!

Edited November 30, 2013 by paustin

[evli1966 88]

#1 get an attorney to advise you

ensure the attorney is AWA experienced - not just saying he or she is.

You will need to appeal and it is best done with an attorney for our cases.

[Tim/Mav 305]

Appears you have a background that left a bad impression. I see you completed Mandatory Requirements and Proof.

The Petitioner must Appeal the outcome immediately and which there are time limits. Do this with an Attourney. You can File a appeal without one for now but I suggest you get one. Your deep in Sheet! They will be required to show their reasoning of the denial with an explaination. Don't do this alone. You don't have a Timeline/Country and this would help other members answer as well.

The past always catches-up and you know that now. One last shot. You need Legal help.

[paustin 1]

It hasn't been denied yet. Can we appeal before the denial letter?

[Tim/Mav 305]

It hasn't been denied yet. Can we appeal before the denial letter?

I would wait. It will include details of time periods. You can call and give your Case # and ask for status which I would do. I wish you the best. Tim

[Darnell 8,478]

you are given an opportunity,

at the moment,

to make a complete submittal with the things they are asking for.

Don't have the SOR in your state? Write a letter of attestation explaining why not.

I think Tim is jumping the gun on process, at the moment, fwiw.

However, don't begrude stuff with USCIS, since you already submitted a pile. Now you have to submit yet another pile, even it's the same official stuff from the prior pile. Just do it and go forth.

You might want to consider engaging an attorney at this point, for deeper legal advice and assistance with prepping the pile for this new submittal. I not suggest engaging an attorney to 'handle all', but rather, assistance and overview on prepping the new pile plus deeper legal advice.

Go Get Em, and Good Luck !!

Edited November 30, 2013 by Darnell

[Tim/Mav 305]

I'm not willing to exactly Adopt Darnell at this point in life. But, I read the Advice

[paustin 1]

Thank you. thinking of re-submitting what we send in the first place but (not certified) because we already gave them the certified ones and that's all we have. Inquire them if they lost them or what? Why we feel like that letter is so generic that they did not take time to review what we submitted at all. They are asking for the same stuff that we already provided.

Thoughts? If this is denied, we'll do appeal and take it to federal court with an attorney.

Edited December 1, 2013 by paustin

[Linus5260 0]

We were not aware there WAS an AWA or how it relates to visa applications until we received our NOID 13 months after filing our I-130 application. This prompted a lot of research and here is one source which should be required reading for anyone caught in this nightmare: http://www.aila.org/content/default.aspx?docid=42682.

This is a legal perspective of the AWA as it relates to the way the USCIS has chosen to implement it prepared by the American Immigration Lawyer's Association.

Read it, hire a lawyer, and make sure they have a copy of it as well.

We are 21 months married now and still waiting for the USCIS to do something on our application.

We offered this information in a previous discussion and it generated considerable vitriol and hatred, which greatly surprised me as I was under the impression that this was a forum to exchange information and assistance.

[paustin 1]

We were not aware there WAS an AWA or how it relates to visa applications until we received our NOID 13 months after filing our I-130 application. This prompted a lot of research and here is one source which should be required reading for anyone caught in this nightmare: http://www.aila.org/content/default.aspx?docid=42682.

This is a legal perspective of the AWA as it relates to the way the USCIS has chosen to implement it prepared by the American Immigration Lawyer's Association.

Read it, hire a lawyer, and make sure they have a copy of it as well.

We are 21 months married now and still waiting for the USCIS to do something on our application.

We offered this information in a previous discussion and it generated considerable vitriol and hatred, which greatly surprised me as I was under the impression that this was a forum to exchange information and assistance.

Truthfully, even you are aware of it and get everything to them, they still find a way to request evidence from you and deny you at the end. I am sorry to say that. I have been through this, send every possible documents to them, and in the end, they ask for the same exact things. It's really frustrating. Good luck!