I-130 denied at interview - options?

[rahill 28]

59 minutes ago, jakelake said:

I assume that you mean that it is possible for someone of the same race to implement racist policies against his own.

What proof do you have that this is going on? If you are going to argue against a decision then you must have proof.

 

 

So, that was just my general commentary on a broken system. I hold zero hope of proving that systemic racial and class bias in our immigration system adversely affected our outcome. That's not what we are focussing on  in our case. We are just focussing on the fact that it is a legitimate marriage not entered into for immigration purposes and, of course, anything else that might get mentioned in the NOIR if we ever do receive it. 

[jakelake 222]

I do understand that certain countries like your husband's have a high denial rate. However, is it not possible that the denials are as a result of high fraud as oppose to racism and classism?

 

If a country has high fraud, then it is essential that there not be any inconsistencies or doubt about the petition of someone from that country. It is also not at the time of interview to instruct an officer of racism and classism.

 

Unless classism and racism exists only in Ethiopia, would not the vast majority of cases from other countries, particularly third world countries, be denied?

[pushbrk 13,260]

On 10/11/2017 at 1:01 PM, rahill said:

Ok. Well, that's good to know. I will be eagerly awaiting this letter. And to be clear, if it's an NOIR letter, you have the opportunity to get your case reaffirmed, yes? As another user pointed out if its an NOID, you have an opportunity to appeal the decision but we would have to reapply and start from the beginning. In either case, we are in for another lengthy wait, I'm sure. 

Yes, if it's an NOIR, you have an opportunity to respond and present evidence for reconsideration.  When somebody who understands both the problem and the solution, prepares or guides you in preparing the response there's usually a good chance of reaffirmation.  However, you will still be dealing with a bureaucracy that tends to want to defend one its own's previous decision.  Reaffirmation is fare from a visa approval, but the Consular Officials MUST consider any evidence and commentary USCIS provides with the reaffirmation documentation.

 

You need to be very convincing.  Note that evidence of things that happen between the first and second interview do not tend to be considered.  Concentrate on evidence of the relationship prior to the interview, that convinces them THAT decision was wrong, then.  Not even USCIS is going to consider, for instance that you spent another six months together between the interview and receiving your response to their NOIR.

 

Most successful NOIR responses feature a detailed but concise "Evolution of the Relationship" letter as part of a well organized "brief" (for lack of a better word) laying out both the old and additional evidence in an understandable and convincing way.  Lots of that work can be done between now and receiving the NOIR and then tweaked as needed once you see the listed issues.

[rahill 28]

1 hour ago, jakelake said:

I do understand that certain countries like your husband's have a high denial rate. However, is it not possible that the denials are as a result of high fraud as oppose to racism and classism?

 

If a country has high fraud, then it is essential that there not be any inconsistencies or doubt about the petition of someone from that country. It is also not at the time of interview to instruct an officer of racism and classism.

 

Unless classism and racism exists only in Ethiopia, would not the vast majority of cases from other countries, particularly third world countries, be denied?

Obviously systemic racism and classism exists all over the world. I'm not even interested in getting into all the intricacies of how racism and classism are embedded in our immigration system as it is embedded in a variety of other seemingly neutral government bureaucratic processes here on this forum or in our petition, or in our response to the NOIR. This is not the way to get a visa approved. It was simply my commentary about a frustrating and broken system. Obviously the work we have ahead of us is to focus on the abundance of evidence that we have that our marriage is legitimate. That's what I'm focussing on in our case with the assistance of a lawyer. 

[rahill 28]

1 hour ago, pushbrk said:

Yes, if it's an NOIR, you have an opportunity to respond and present evidence for reconsideration.  When somebody who understands both the problem and the solution, prepares or guides you in preparing the response there's usually a good chance of reaffirmation.  However, you will still be dealing with a bureaucracy that tends to want to defend one its own's previous decision.  Reaffirmation is fare from a visa approval, but the Consular Officials MUST consider any evidence and commentary USCIS provides with the reaffirmation documentation.

 

You need to be very convincing.  Note that evidence of things that happen between the first and second interview do not tend to be considered.  Concentrate on evidence of the relationship prior to the interview, that convinces them THAT decision was wrong, then.  Not even USCIS is going to consider, for instance that you spent another six months together between the interview and receiving your response to their NOIR.

 

Most successful NOIR responses feature a detailed but concise "Evolution of the Relationship" letter as part of a well organized "brief" (for lack of a better word) laying out both the old and additional evidence in an understandable and convincing way.  Lots of that work can be done between now and receiving the NOIR and then tweaked as needed once you see the listed issues.

RE: evolution of the relationship, yep,  we are creating such a statement with the assistance of our attorney. 

[Ted201 0]

Hello rahill , is there there any update on your case.My fiance'e has just got similar notice of "ineligibility" without even letting her show  our  evidence that show our relationships is real.Please share me any information that you think help. She answered all questions appropriately.

 

[Penguin_ie 5,997]

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