I-130 denied, now what?

[chicinchic 1]

We had the certificate and the photos as well as an affadavit of my husband's good friend (a lawyer himself), whom he's know since childhood, attesting to our relationship.

[Unidentified 2,930]

USCIS (or anything related to immigration) don't care about affidavits as you could easily have written them yourself.

Sounds like you don't have much proof of relationship and you two not living together doesn't help either.

[chicinchic 1]

USCIS (or anything related to immigration) don't care about affidavits as you could easily have written them yourself.

Sounds like you don't have much proof of relationship and you two not living together doesn't help either.

Fair enough, but we are living together. We were legally married in December 2014, and we moved in together in July 2015. We noted the reasons as to why were living apart in the application letter, and informed them about our move-in date.

Again, biggest problem seems to be that they did not receive the documents that I sent (they stated clearly on the rejection letter that no explanation was received for missing the interview), and no InfoPass appointments are available in my area. Do they accept walk-ins at the USCIS office?

[belinda63 3,038]

Sounds like, from what I have read, he missed the interview for the I-130 and the two of you failed to proof a legitimate marriage. The RFE was for proof of a bonafide marriage and you did not provide evidence of this. Best as I can tell from what I read. Since you came of the VWP you can't appeal. You can refile.

[caliliving 606]

i-130 is to prove a real marriage.. so if they rejected that it means they dont believe your marriage is real:/ i dont think it has anything to do with them not receiving the documents about you leaving together?? get more proof of your marriage.. joint lease/joint bank account and you should be ok!

[chicinchic 1]

Sounds like, from what I have read, he missed the interview for the I-130 and the two of you failed to proof a legitimate marriage. The RFE was for proof of a bonafide marriage and you did not provide evidence of this. Best as I can tell from what I read. Since you came of the VWP you can't appeal. You can refile.

We missed the interview because we were out of the country together. I explained this in a letter to the USCIS, and included copies of our boarding pass. But they apparently did not process this letter because the absence of any documentation accounting for our absence was noted in the rejection letter. TL;DR: They didn't process something I sent in. Not the first time this has happened.

[chicinchic 1]

The rejection letter states : "USCIS received your form 1-130 on June X, 2015. USCIS requested that you appear on January X, 2016 for an interview about your petition, but you did not appear as requested. You also did not submit any correspondence to USCIS explaining why you were unable to appear for the interview. Therefore, your form I-130 is considered abandoned and is denied."

[Georgia16 2,858]

Unfortunately, my husband just got a letter saying that the I-130 had been denied for failure to provide enough proof of marriage without the purpose of immigration. The letter then stated that he missed his interview date and never followed up on provided documentation, even though USCIS received my letter and documents (according to USPS), which included a copy of his boarding pass.

​YOU wrote that.

I think you are misunderstanding what they wanted you to sent in. Not the proof of your trip BUT proof of marriage and so on and he/you didn't do that AND then did not go to the interview and therefore it got denied.

But one gave you advise that you could not appeal because you married on visitor visa and then you have to file again so I guess that's all you can do.

Gather GOOD evidens this time and go to the interview together. Guess you are not legal to work og have legal status right now.

[chicinchic 1]

They wanted proof of the trip as indicated in a Dec. 2015 letter: "You were scheduled to appear for an interview on X in connection with your I-485 Application to Register Permanent Residence or Adjust Status application. However, on X, you called USCIS National Customer Service Center to request a rescheduling of your interview. ....Please send a written statement within 30 days explaining your absence with any supporting documents."

They have never requested additional evidence for the marriage.

[Georgia16 2,858]

They wanted proof of the trip as indicated in a Dec. 2015 letter: "You were scheduled to appear for an interview on X in connection with your I-485 Application to Register Permanent Residence or Adjust Status application. However, on X, you called USCIS National Customer Service Center to request a rescheduling of your interview. ....Please send a written statement within 30 days explaining your absence with any supporting documents."

They have never requested additional evidence for the marriage.

Hey I'm just saying what you said in your first post. You wrote that they wanted proof of marriage.

Did anybody sign for your package when it got delivered?

[NikLR 13,227]

You will have to refile everything. The I-485 will be denied because the I-130 was denied. You should have made it back to the interview and also had someone checking on your mail for an RFE. They don't care that you were travelling. You didn't respond well enough to an RFE for marriage evidence, and they had no choice but to deny you. Unfortunately this is completely your fault, not theirs. All you can do is start over. An appeal won't be helpful because they didn't mess up. It doesn't matter what you sent them, they decided it wasn't good enough and denied. I'm sorry for your luck. Beyond that because you are adjusting your status you can't actually appeal. You waive that right when you want to AOS from your visa type.

Hopefully the next time will be better and you'll make it to green card without issue. But I'd almost guarantee you'll get another interview which I highly suggest attending this time.

Remember there are two things going on at the same time. the I-130 is a petition from your spouse so that you can apply for immigration benefits. the I-485 is your adjustment of status application. That is why documents are coming in both of your names. He petitioned, you applied.

Edited March 5, 2016 by NLR

[chicinchic 1]

But there was no request for additional marriage evidence, unless that request was to be made during the interview.

[Georgia16 2,858]

But there was no request for additional marriage evidence, unless that request was to be made during the interview.

Then way did you wrote that in your first post?

[NikLR 13,227]

Either way it doesn't matter. You can't fight this. You have to start over.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WSTourist-based AOS Forum~

~Adjusting from AWP (tourist/visitor)~