Isn't a I-130 application only to verify a Marriage/relationship between Beneficiary and Petitioner?

[Waitingfor10 41]

Preface: I would consider our case a complicated case I guess. We were denied 10 years ago and we submitted a new I-130 through our lawyer at the Texas Service Center June 2020.

 

We learned that it was transferred to the Vermont Service Center this February 2021.  I've heard two things about VSC 

1) It has a huge backlog (3 years) according to USCIS (But according to VisaJourney they are processing receipt dates for I-130's from December 2020?)

2) Complicated cases are transferred there

 

My question is if the I-130 is only to verify the relationship between Beneficiary (my husband) and Petitioner (myself a USC) is Bonafide, shouldn't it be approved and not considered "complicated" leaving that side of it up to the consulate to investigate if need be?  Or would VSC do some digging before hand for the Consulate?

 

Married for 20yrs with 2 adult children and a 1 year old. (Someone told me that the USCIS shows a 3 year backlog due to the "complicated" (not sure if that is AWA cases only or all complicated cases it has so people won't submit inquiries about them giving them 3 years to process them, the easy cases get a approved with no problem not sure if this is true) I've seen I-130's submitted through VSC after I submitted mine in TSC get approved already.

 

Maybe there are all kinds of variables at play, if your case is "complicated" or not, what country the beneficiary is from etc etc etc

 

Any insight from anyone would give me peace of mind. My case could be approved tomorrow I don't know it's all in Gods hands!

Edited April 30, 2021 by Waitingfor10

[aaron2020 11,651]

When an I-130 is filed, USCIS makes a preliminary determination of a familial relationship that would eventually allow the beneficiary to apply for an immigrant visa or adjust status.

 

For a spousal case, USCIS looks for a marriage certificate.  They do not look other documents that are submitted.  

 

For a case where the beneficiary will apply for an immigrant visa abroad, the NVC collects the required documents and other documents that the beneficiary wishes to submit.  The NVC makes a preliminary determination whether the required paperwork has been submitted.

 

The US Embassy/Consulate makes the final determination whether a beneficiary qualifies for an immigrant visa.  Rarely do they investigate.  The US Embassy/Consulate depends on and makes its determination based what the petitioner and beneficiary submits.  The burden is on the petitioner and beneficiary to make their case that an immigration visa should be approved by the evidence they submit.

Currently, it takes about 12-24 months for a spousal visa in a normal case.  Your's is not normal because of the prior denial.  The huge backlog at the NVC means a longer average wait.  It's an average - so some cases will go through the immigration process faster than others - there is no way to know how any particular case will speed through the process. 

Without knowing why your case was denied 10 years ago, there is no useful advice that can be offered to you.  You mentioned the AWA which is not good.  If you want useful insight, you need to tell us why your case was denied 10 years ago.  

[Waitingfor10 41]

1 minute ago, aaron2020 said:

When an I-130 is filed, USCIS makes a preliminary determination of a familial relationship that would eventually allow the beneficiary to apply for an immigrant visa or adjust status.

 

For a spousal case, USCIS looks for a marriage certificate.  They do not look other documents that are submitted.  

 

For a case where the beneficiary will apply for an immigrant visa abroad, the NVC collects the required documents and other documents that the beneficiary wishes to submit.  The NVC makes a preliminary determination whether the required paperwork has been submitted.

 

The US Embassy/Consulate makes the final determination whether a beneficiary qualifies for an immigrant visa.  Rarely do they investigate.  The US Embassy/Consulate depends on and makes its determination based what the petitioner and beneficiary submits.  The burden is on the petitioner and beneficiary to make their case that an immigration visa should be approved by the evidence they submit.

Currently, it takes about 12-24 months for a spousal visa in a normal case.  Your's is not normal because of the prior denial.  The huge backlog at the NVC means a longer average wait.  It's an average - so some cases will go through the immigration process faster than others - there is no way to know how any particular case will speed through the process. 

Without knowing why your case was denied 10 years ago, there is no useful advice that can be offered to you.  You mentioned the AWA which is not good.  If you want useful insight, you need to tell us why your case was denied 10 years ago.  

Case was denied with a life ban due to "Suspicion of belonging to Criminal Organization" 10 years ago. And of course he is not, never was, but because that person the day of his interview had suspicion, bam! he was denied with a life ban. I heard 10 years ago is when they really started to crack down on any suspicions they had on Organized Crime, it was bad timing for him. Anyway here we are 10 years later giving it another shot, Lawyer made us aware that it is a 50/50 shot and we are ok with that, at least the lawyer was honest. 

[aaron2020 11,651]

1 minute ago, Waitingfor10 said:

Case was denied with a life ban due to "Suspicion of belonging to Criminal Organization" 10 years ago. And of course he is not, never was, but because that person the day of his interview had suspicion, bam! he was denied with a life ban. I heard 10 years ago is when they really started to crack down on any suspicions they had on Organized Crime, it was bad timing for him. Anyway here we are 10 years later giving it another shot, Lawyer made us aware that it is a 50/50 shot and we are ok with that, at least the lawyer was honest. 

With a lifetime ban, it's going to be a long process.

Because of the ban, the US Embassy/Consulate will deny an immigrant visa at the visa interview.  The CO should inform the applicant if there is an available waiver.  Then, your husband has to get a waiver before he can apply again for an immigrant visa.  

[Waitingfor10 41]

4 hours ago, aaron2020 said:

With a lifetime ban, it's going to be a long process.

Because of the ban, the US Embassy/Consulate will deny an immigrant visa at the visa interview.  The CO should inform the applicant if there is an available waiver.  Then, your husband has to get a waiver before he can apply again for an immigrant visa.  

Thanks for the information.  

[pushbrk 12,998]

6 hours ago, aaron2020 said:

With a lifetime ban, it's going to be a long process.

Because of the ban, the US Embassy/Consulate will deny an immigrant visa at the visa interview.  The CO should inform the applicant if there is an available waiver.  Then, your husband has to get a waiver before he can apply again for an immigrant visa.  

Correct.  I'm wondering if the OP's lawyer told them this.  If not, why not?  USCIS and petition approval are the easy part.  Overcoming a lifetime ban is not.  Lots of discussion about that in the waivers forum.

[SteveInBostonI130 3,471]

USCIS does a little more than just check for a marriage certificate.  They also check that both parties were eligible for marriage - no previous marriages, and if there were, then divorce or death certificates of previous spouses.  They also do a background check on the petitioner and the beneficiary if he/she is in the US or has an alien number (previous immigration).

 

VSC is where K1 fiance petition cases get sent to if the petitioner has a criminal background and especially previous domestic violence. 

 

I think for I-130 VSC is just another SC that gets load balanced to shift from one or more centers that have too many cases.

Edited May 1, 2021 by SteveInBostonI130
typo

[SalishSea 17,970]

22 hours ago, Waitingfor10 said:

Case was denied with a life ban due to "Suspicion of belonging to Criminal Organization" 10 years ago. And of course he is not, never was, but because that person the day of his interview had suspicion, bam! he was denied with a life ban. I heard 10 years ago is when they really started to crack down on any suspicions they had on Organized Crime, it was bad timing for him. Anyway here we are 10 years later giving it another shot, Lawyer made us aware that it is a 50/50 shot and we are ok with that, at least the lawyer was honest. 

Why would they randomly suspect such a thing?  There must be much more to this story.   10 year bars are not given out frivolously.

[payxibka 10,047]

1 minute ago, Jorgedig said:

Why would they randomly suspect such a thing?  There must be much more to this story.   10 year bars are not given out frivolously.

And neither are lifetime bans as is was the situation here

[Waitingfor10 41]

It was due to a small tattoo on his hand. He has another larger one but that one is simply our last name and a spider over the top of it. 3 tattoos total. Our lawyer did have a key witness expert in Gangs etc that has testified in other cases before a judge before,  had him examin my husbands tattoo and he said it is not gang related.  He then wrote a 10 page report stating this along with evidence why in his expert opinion this tattoo is not gang related.  I believe our lawyer submitted this information with the I-130. Other than that he had a a couple of DUI's when he was 19, 20 yrs old and that's it.

Edited May 1, 2021 by Waitingfor10

[SalishSea 17,970]

3 hours ago, Waitingfor10 said:

It was due to a small tattoo on his hand. He has another larger one but that one is simply our last name and a spider over the top of it. 3 tattoos total. Our lawyer did have a key witness expert in Gangs etc that has testified in other cases before a judge before,  had him examin my husbands tattoo and he said it is not gang related.  He then wrote a 10 page report stating this along with evidence why in his expert opinion this tattoo is not gang related.  I believe our lawyer submitted this information with the I-130. Other than that he had a a couple of DUI's when he was 19, 20 yrs old and that's it.

But.....a lifetime ban......?

[pushbrk 12,998]

3 hours ago, Waitingfor10 said:

It was due to a small tattoo on his hand. He has another larger one but that one is simply our last name and a spider over the top of it. 3 tattoos total. Our lawyer did have a key witness expert in Gangs etc that has testified in other cases before a judge before,  had him examin my husbands tattoo and he said it is not gang related.  He then wrote a 10 page report stating this along with evidence why in his expert opinion this tattoo is not gang related.  I believe our lawyer submitted this information with the I-130. Other than that he had a a couple of DUI's when he was 19, 20 yrs old and that's it.

Submitting such evidence with the I-130 is not how a ban of any length gets waived.  It might help a Consular Officer determine if a waiver is available.  You need a waivers experienced lawyer, as it may be possible to start the waiver process now.  I'm not an expert on waivers.  We have a separate forum for that.  Find it here.  https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[Waitingfor10 41]

2 hours ago, pushbrk said:

Submitting such evidence with the I-130 is not how a ban of any length gets waived.  It might help a Consular Officer determine if a waiver is available.  You need a waivers experienced lawyer, as it may be possible to start the waiver process now.  I'm not an expert on waivers.  We have a separate forum for that.  Find it here.  https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

Ok, thank you so much for the information. We have a federal lawyer, I will ask them about this and research for myself as well. Again thank you so much.

[Waitingfor10 41]

8 hours ago, Jorgedig said:

But.....a lifetime ban......?

Right? I don't know why? Unless the officer that day was just being an #######. He has absolutely nothing else. 

Edited May 2, 2021 by Ryan H
Reason for edit: to remove alternate spelling of profanity.

[SalishSea 17,970]

5 hours ago, Waitingfor10 said:

Right? I don't know why? Unless the officer that day was just being an #######. He has absolutely nothing else. 

That is what makes me think there is more to this story.  Handing out lifetime bans is not discretionary - there are laws that clearly spell out the criteria for one.

Edited May 2, 2021 by Ryan H
Reason for edit: to remove alternate spelling of profanity in quote.