I-130 denied and EOIR-29

[Jun Park 0]

Hello, I have a complex situation right now and I'm looking for help. I am citizen of South Korea and entered US with F-1 VISA. My husband is a US citizen.

 

Timeline: 

 

-Interview July 2019

-RFE August 2019

-Denied January 2020

-Submitted EOIR-29 on February 19th

 

And I called USCIS and BIA but both say they can't find case. Is this normal and what action should I take? I'm confident our case should be approve. Here's my situation We had an interview last year summer but the officer said my divorce was not valid because both I and my ex was not living in South Korea at the time that divorce was finalize in court. I filed the divorce case in Korean court on February 2015 and I was living in Korea at that time. On March 2015, I came to US with F-1 visa to study. On March 2017, the divorce was settled. My ex's location is unknown during the divorce case but he went to the court and finalized the divorce when it was settled on March. Till I married my new husband on October 2018, I was a F-1 visa student. After denial letter, I've met a lawyer and sent EOIR-29 to Hialeah office arguing since Florida's law requires 6 months residency to file divorce and I lived in Korea for years before filing divorce. My lawyer supported this with a case from court and argue the cases that the USCIS officer provided are irrelevant since they represent quick "mail order" divorce. Recently I was researching and found other cases that can support me. Matter of MA could be apply to our case by In my case since, (1) Both parties were married in South Korea and were subsequently divorced in South Korea; (2) Both lived in South Korea as husband and wife for a period of time; (3) I was living in South Korea for years at the time of filing. Ex-husband, personally reported the divorce finalized by the court as it is required by the Korean law. (4)Both are citizens of South Korea. This matter of ma was used by USCIS to judge validity of foreign divorce. Also, I think I could make an argument that since I was in the US with F1 visa, my domicile was still South Korea and officer's assumption of my domicile being US is wrong and my divorce is valid. The only problem for me was that when the decision came out, I was studying in US.

 

What would my chance of appeal? How long it would take? Is it normal that BIA and USCIS can't find my case on the system?

I also divorce in Florida again remarried based on lawyer's recommendation but I still want the appeal to be successful because filing again is expensive.

Can I send additional arguments that I recently find? Because the denial letter arrived to the old address which was changed in the system 7 months ago, I lack time to met lawyer and send EOIR-29.

 

 

Thank you for your help!

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Edited August 7, 2020 by Jun Park

[pushbrk 12,889]

You are asking for opinion on your chances of success with your legal appeal.  It's a legal question for an immigration attorney.  You already have one.  What does the attorney think your chances are?  Anybody answering here who is not an attorney is not particularly reliable, and an actual attorney would not give legal advice here.