I-130 APPROVED and then DENIED ??!?!?!??! HELP!!!!

[Homer Simpson 7]

just get the attorney to do his or her job, I have a very strong feeling that they (the USCIS) are trying to shake you down to see if you gonna fight it or you are just married for benefit. your case will be approved but unfortunately after a small fight. you will be ok

[Hypnos 6,576]

You have no way of knowing whether the op will be "ok" or that their case "will" be approved, so you should not make blanket statements like that.

[sasafan 3]

i think they mixed your case with someone else ,,your proofs are good ,,also consider a lawyer ,,goodluck

[Becca&Nikola 2]

just get the attorney to do his or her job, I have a very strong feeling that they (the USCIS) are trying to shake you down to see if you gonna fight it or you are just married for benefit. your case will be approved but unfortunately after a small fight. you will be ok

Hey Homer thanks for your post ….We do already have an attorney and we will go talk to her tomorrow (we can't wait ) And I don't know if they are trying to shake us down or not but whatever they are doing is unfair!

You have no way of knowing whether the op will be "ok" or that their case "will" be approved, so you should not make blanket statements like that.

Hypnos i am sure Homer was just trying to cheer us up that's was we need at this moment but I do understand what are you trying to say - thanks a lot!

i think they mixed your case with someone else ,,your proofs are good ,,also consider a lawyer ,,goodluck

sasafan We are really not sure because the letter USCIS sent us is mailed to US … Our names and it clearly explains that we showed up on our interview, documents that we submitted etc etc. The thing that is messed up on that letter they say we had our interview September 25th 2014 which WE DIDNT , our interview was on August 4th ! So that info is messed up …so confusing

[Rob L 3,811]

You have no way of knowing whether the op will be "ok" or that their case "will" be approved, so you should not make blanket statements like that.

So they should pack it in now, on the 1 yard line ?

[Cathi 5,769]

even of you were a student with no income you can still file joint returns, just use zero for income

[Becca&Nikola 2]

even of you were a student with no income you can still file joint returns, just use zero for income

mimolicious my husbands mother File her tax return and she put both of us as dependents for the past 4 years. She claimed zero but yeah she did it because we didn't work and since we live in her apartment !

Edited November 2, 2014 by Becca&Nikola

[Hypnos 6,576]

So they should pack it in now, on the 1 yard line ?

You're making what is commonly known as the straw man argument fallacy here, by replacing what I actually said with something else in your mind and then arguing against that. What I said was there is no guarantee of success in this situation by anyone, be that an attorney or anyone else. You'll note that that's not the same thing as "give up now".

There's only four certainties in life: death, taxes, improper quoting on the Internet, and Republican obstructionism in Congress; everything else can be negotiated up or down.

Hopefully the OP will achieve success in the long run, perhaps with an appeal to the AAO / EOIR, but it's by no means a certainty. I've read of similar cases in the past, and sometimes they overcame the denial but other times the deportation was eventually upheld. There's no way of knowing what will happen in this case, and to promise the OP that they "will" be fine is misguided.

Edited November 2, 2014 by Hypnos

[Transborderwife 4,666]

Your lawyer is your best bet on how to help. What happened for you to be in removal proceedings?

[Becca&Nikola 2]

Dear VJ's just a quick update about our case….

So as u all know we received a letter from USCIS of ITENT TO DENY our 1-130. That letter stated some "reasons" why would they deny our case. Basically they said that we didn't provide enough of solid documents that can prove our bona fide marriage. Anyways in that letter we have noticed a few mistakes. First of all letter says we have had our interview on September 25th and we went on our interview on August 4th !

Then, we provided them our life insurance policy and they said how we increased our policy only 9 days before the interview

Well we increased policy 1 year and 9 days before our interview (they missed the WHOLE YEAR )

Then we had our old Progressive auto insurance policy and bank statement of our going account. They said how we provided Progressive Auto Policy but there was no payments made (Im guessing they took a look on our bank statement) Well yeah we didn't have automatic payment set up. We were making monthly cash payments.

We couldn't believe of those reasons so we mail them a letter with additional documents and explanation for those "mistakes" but obviously whoever was reviewing our case didn't really put too much effort to take a DEEP look …seems like they just wanted to deny and hurry up to the next case

What do you guys think, after we get response and if they still want to deny our I-130 should we do appeal to BIA? Or someone else?

P.S. Besides those documents we also sent new ones: Our Health Insurance (enrollment, ID CARDS and vision, dental coverage)

Prove of my wifes income (since she got a job 2 days after our interview )

3 affidavits of bona fide marriage from our neighbors who see us EVERY SINGLE DAY together

[NancyNguyen 1,657]

You need an experienced attorney, this is not DIY anymore.

[tj86 16]

Dear VJ's just a quick update about our case….

So as u all know we received a letter from USCIS of ITENT TO DENY our 1-130. That letter stated some "reasons" why would they deny our case. Basically they said that we didn't provide enough of solid documents that can prove our bona fide marriage. Anyways in that letter we have noticed a few mistakes. First of all letter says we have had our interview on September 25th and we went on our interview on August 4th !

Then, we provided them our life insurance policy and they said how we increased our policy only 9 days before the interview

Well we increased policy 1 year and 9 days before our interview (they missed the WHOLE YEAR )

Then we had our old Progressive auto insurance policy and bank statement of our going account. They said how we provided Progressive Auto Policy but there was no payments made (Im guessing they took a look on our bank statement) Well yeah we didn't have automatic payment set up. We were making monthly cash payments.

We couldn't believe of those reasons so we mail them a letter with additional documents and explanation for those "mistakes" but obviously whoever was reviewing our case didn't really put too much effort to take a DEEP look …seems like they just wanted to deny and hurry up to the next case

What do you guys think, after we get response and if they still want to deny our I-130 should we do appeal to BIA? Or someone else?

P.S. Besides those documents we also sent new ones: Our Health Insurance (enrollment, ID CARDS and vision, dental coverage)

Prove of my wifes income (since she got a job 2 days after our interview )

3 affidavits of bona fide marriage from our neighbors who see us EVERY SINGLE DAY together

Well obviously the IO did not completely review your petition. Great that you sent in additional information and you can clearly see it was the IO mistake. Hopefully it will be rectified and they will approve your i 130. Peace and love.

[Becca&Nikola 2]

Well obviously the IO did not completely review your petition. Great that you sent in additional information and you can clearly see it was the IO mistake. Hopefully it will be rectified and they will approve your i 130. Peace and love.

tj86 thats what we are hoping for! We did sent documents showing that they did make a mistake and hopefully outcome will be positive. We are just frustrated and with USCIS u never know…like what if they still deny our petition ??! Who are we gonna complain to? THEY DID MADE A MISTAKE and THEY ARE WRONG … They never bothered to show up in our home and see we are a real couple, that we live simple life trying to overcome this issue so I can finally start working and make some more money so we can extend our family … We want kids so bad, but we are both scared to work on it since we don't know what will happen with our case. I don't wanna end up leaving my wife and kid here if i have to go back to my home country..that would kill me !!

[tj86 16]

tj86 thats what we are hoping for! We did sent documents showing that they did make a mistake and hopefully outcome will be positive. We are just frustrated and with USCIS u never know…like what if they still deny our petition ??! Who are we gonna complain to? THEY DID MADE A MISTAKE and THEY ARE WRONG … They never bothered to show up in our home and see we are a real couple, that we live simple life trying to overcome this issue so I can finally start working and make some more money so we can extend our family … We want kids so bad, but we are both scared to work on it since we don't know what will happen with our case. I don't wanna end up leaving my wife and kid here if i have to go back to my home country..that would kill me !!

Stay strong and be positive, if they deny it, you can always appeal it. I have read stories where petitions were later approved based on IO mistakes. Hang in there.

[Becca&Nikola 2]

Hey dear VJ's …it's been a loooong time (almost 2 years )

We are back with some updates on our case. But before that let me go over our story really quick in case you don't really wanna read entire thread lol.

So after our interview in August 4th 2014 local office approved us. Day later they sent us a letter that our case is re-opened and not too long after that we got another letter of INTENT to DENY our I-130. That was very shocking for all of us, but my lawyer decided to appeal their decision. Within 30 days we sent appeal and 2 months latter USCIS is sending us official denial letter stating that since we never appealed their decision they will deny our I-130

Even though we sent appeal we didn't have proof we did (imagine that they never received it WOW) and there was nothing left to do then to make appeal with BIA, which we actually did. 6 long months later BIA APPROVED our I-130 and that was final decision.

After our approval we requested master hearing with IJ to close removal proceeding and we applied for EAD. EAD was approved and sent 2 months later and we got notice of hearing with IJ for January 5th 2015. Seeing IJ was very successful. It leased 5 minutes where IJ closed removal proceedings, wished us good luck and made a joke that he hopes to never see us again We were like oh yeahhh i hope so!

Right after that we got letter from USCIS that our form I-485 was reopened (since it was administratively closed) and we only had to wait for either decision or interview date.

In February we got RFE, they needed new medical exam but they stated NOT to send it back at this point. In that moment my lawyer knew they will call us in for another interview. And in March we actually did get notice of our interview date for April 19th 2016.

Interview date:

Ufff that day was nerve wrecking hahah It was set up for 8.10am in our local immigration office. We brought our entire file to the interview just in case they needed something. Especially new documents that were never submitted, like new life insurance policy, joint tax returns for 2015, new apartment lease etc etc.

Finally 40 mins after 8.10am we got called in. IO was very scary at the beginning but later on he smiled which was very pleasant to see. He asked us a few questions about our marriage, like:

How long have we been married, how did we meet, where did we meet, do we have kids, do we work and where, how long etc etc. Then he asked for medical exam and if we brought in some additional documents. We gave it to him and he picked a few pictures from our 300+ photos. Then he went trough all questions from I-485 form and after that he asked to give him a few minutes to updated our file. He turned to his computer and was typing something. Then he stood up and said CONGRATULATIONS your case is approved and explained us that we should be getting green card in mail in about two weeks. Then he punched a hole in my EAD and said we won't be needing this anymore. He gave us Interview Results paper and escorted us out

Sooooo here we are after almost 6 years of battle with USCIS. We are nervously waiting for our GC to arrive in our mailbox. I just wanted to THANK each and every one of you guys for your support. WE FINALLY WON and thats exactly what we wish to YOU!

If you guys have any questions please feel free to ask!