Notice of intend to deny

[Credo 12]

FYI: This is not for me but for a friend. I have my green card already 

 

He filed for AOS last year and went for interview with his American citizen wife, they didn’t go with her birth certificate and was asked to mail it in, it was almost a ten months until they heard from them requesting for more evidence with intention to deny, they sent in a joint bank statement but they said it has a one sided transaction, the picture they said looked staged but these where our holiday pictures with both families. They got another letter of denial of our AOS/REF and giving us option to file an appeal within 30days. 

 

Do they need a lawyer at this stage? How can they prove the marriage when they already threw out the bank statement, lease and saying the photos where staged. 

 

Thanks. 

[cdneh 3,112]

7 minutes ago, Credo said:

FYI: This is not for me but for a friend. I have my green card already 

 

He filed for AOS last year and went for interview with his American citizen wife, they didn’t go with her birth certificate and was asked to mail it in, it was almost a ten months until they heard from them requesting for more evidence with intention to deny, they sent in a joint bank statement but they said it has a one sided transaction, the picture they said looked staged but these where our holiday pictures with both families. They got another letter of denial of our AOS/REF and giving us option to file an appeal within 30days. 

 

Do they need a lawyer at this stage? How can they prove the marriage when they already threw out the bank statement, lease and saying the photos where staged. 

 

Thanks. 

4

4

 I find this a bit confusing. Who is it actually for?

Edited November 14, 2018 by cdneh

[Boiler 45,486]

Definitely need a Lawyer. All sorts of things a married couple have in common, just think of your own situation.

[Crazy Cat 41,845]

Do they need an attorney?   ABSOLUTELY!!!!  and if they have a legitimate marriage, there should be some quality evidence created to date.

[APGG94 35]

Sounds like their evidence was very lacking. They should get a lawyer... And gather as much evidence of marriage as possible. One group photo and one bank statement is barely enough 

... And a birth certificate is one of the must haves for applications. It's seems they were very lazy in putting together quality evidence of a bona fide marriage. 

[debbiedoo 2,339]

They need a lawyer and when you are truly married, the evidence of such is easy.

[geowrian 22,337]

Agreed - it sounds like the bona fide marriage evidence presented was severely lacking, and/or there are red flags in the case.

 

Just a reminder: joint accounts are not evidence of a bona fide marriage. Actually commingling your finances (which can include a joint account being used by both parties) is.