I got denied i-130

[Karim Dodobaev 0]

Got Denied for my i-130 to bring my spouse anybody know do i have a chance to win in the appeal? And any suggestions please what should I do? Thanks a lot for everyone!

[aleful 1,905]

why were you denied?

 

it depends

[Karim Dodobaev 0]

They saying that the green card i got through marriage should be 5 years then i can apply for petition to another spouse 

[Lil bear 4,218]

8 minutes ago, Karim Dodobaev said:

They saying that the green card i got through marriage should be 5 years then i can apply for petition to another spouse 

The I130 instructions clearly state that if you gained your LPR status through marriage, you must either be a US citizen or have held your GC for 5 years minimum before you can petition for a different spouse 

 

Who May Not File Form I-130?
You may NOT file Form I-130 for a person in the following categories:
5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:
A. You are now a naturalized U.S. citizen;
B. You have been a lawful permanent resident for at least five years;
C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or
D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

 

This sounds ike your situation 

No appeal possible 

Reapply when you have met the criteria 

 

[Boiler 45,525]

Ooops wrong thread, you need to wait until you are eligible.

Edited December 19, 2018 by Boiler

[Karim Dodobaev 0]

The letter I got from USCIS says I can appeal the decision and how is that possible?

[Boiler 45,525]

What would be the basis of your appeal?

[Hypnos 6,576]

You can file an I-290B. The filing fee for the appeal is $675, and you are highly unlikely to prevail.

 

As others have stated, you should wait until you are eligible to file.

Edited December 19, 2018 by Hypnos

[Lil bear 4,218]

3 minutes ago, Karim Dodobaev said:

The letter I got from USCIS says I can appeal the decision and how is that possible?

Read the I 130 instructions and gather evidence of 

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

 

good luck 

[little immigrant 801]

14 minutes ago, Karim Dodobaev said:

The letter I got from USCIS says I can appeal the decision and how is that possible?

You need to proof that USCIS made an error however the instructions are clear and you need to be a green card holder for 5 years. You haven't met this criteria therefore you'd lose an appeal. 

[Karim Dodobaev 0]

I did appeal already and i sent the the proofs that the previous marriage was real do you think it will work guys sorry for being such a annoying person but I really need the answers 

[Lil bear 4,218]

2 minutes ago, Karim Dodobaev said:

I did appeal already and i sent the the proofs that the previous marriage was real do you think it will work guys sorry for being such a annoying person but I really need the answers 

Depends if the evidence convinces them. No one here can say ... 

Edited December 19, 2018 by Lil bear

[Karim Dodobaev 0]

Thanks a lot friends God bless you all!

[Pinkrlion 2,722]

If it has not been 5 years of GC Status prior to filing I-130, then u wasted ur money.

[Going through 5,671]

6 minutes ago, Karim Dodobaev said:

I did appeal already and i sent the the proofs that the previous marriage was real do you think it will work guys sorry for being such a annoying person but I really need the answers 

The issue wasn't whether your previous marriage was real.

In your specific case, the issue was that you had to wait 5 years after becoming a LPR to file the i-130.

 

You didn't meet that criteria, so your appeal will be denied.