Advice please. i-130 and i-485 denied, will be filing motion to reopen

[Crazy Cat 41,984]

39 minutes ago, Okboy said:

OP said he doesn’t want to hear about a lawyer.

The OP cannot dictate who can comment or how they comment......Terms of Service allows us all to comment.  We are all free to comment, and we are all free to ignore the comments.

Edited August 6, 2021 by Lucky Cat

[HRQX 4,145]

4 hours ago, dwheels76 said:

If you didn't receive it then what is this you are showing us in the image? I am confused now.

OP did not receive the February 19 Notice of Intent to Deny (NOID); a NOID is given when the adjudicating officer does not think that the petition should be approved, but believes that additional evidence could sway the decision. What OP did receive was the May 26 denial notice (which is the notice OP uploaded on the first post).

Edited August 6, 2021 by HRQX

[Marieke H 2,520]

OP, if you want good advice, you need to answer the questions that were asked about evidence you submitted. If you won't provide more information, we can't tell you what the best option is. 

 

So... get a lawyer if you can't provide more information here.

[Rocio0010 5,580]

OP, as others have stated, it’s highly unlikely that you’re denied because you got one answer wrong. And they were not asking basic info, such as your spouse’s name. I’ve read people approved even when. They got their wedding date wrong. So I’m pretty sure that there’s more to the story. In order to help you better, please answer these questions:

1) what evidence did you submit with the application?

2) what evidence did you bring to the interview?

3) have you been ever lied on a previous visa application?

4) have you ever used an agent to complete a previous visa application? I’m asking this because I have read of numerous cases where people use an agent to fill out a visa application. Some times, agents from high fraud countries lie and say that you’re married, because they think that this proves stronger ties to your country, and therefore it increases your chances to obtain the visa. Even if an agent filled it out, it’s the applicant’s duty to make sure that the information is true because you sign that petition. Have you ever been in that situation?

5) any red flags that you can think about, for example large age differences, not speaking the same language, etc etc.

 

Also, as a reminder, it’s against VJ to tell others not to post a comment. People can tell you what they want; it’s on you to ignore messages that you feel aren’t helpful.

 

 

 

 

 

 

 

 

 

 

 

[Rocio0010 5,580]

14 hours ago, afternoontea said:

JULY 29, i finally get a response saying a notice was sent to me. I never received it.

 

So i Decide to call and talk to  tier 2 officer.

 

I was sent a NOID on February 19. I didnt receieve this. and because i did not respond to the NOID both the i130 and i485 was denied. the denial letter was issued May 26. see image.

Wait a minute! Either I’m not understanding something, or your timeline doesn’t add up. July 29  you receive a response saying that a notice was sent to you, but you didn’t receive it. 
Then on February the following year a NOID was sent, which you didn’t receive either. So it’s two notices you didn’t receive, am I reading this right? Isn’t it strange that you didn’t receive two notices, but you did receive the denial letter?

Edited August 7, 2021 by ra0010
Wrong word

[HRQX 4,145]

4 minutes ago, ra0010 said:

am I reading this right?

No. The NOID date was February 19, 2021 but OP didn't receive it; also OP didn't know a NOID was issued before it was too late.

[Rocio0010 5,580]

1 minute ago, HRQX said:

No. The NOID date was February 19, 2021 but OP didn't receive it; also OP didn't know a NOID was issued before it was too late.

OP wrote:

 

JULY 29, i finally get a response saying a notice was sent to me. I never received it.: one notice not received 

 

So i Decide to call and talk to  tier 2 officer.

 

I was sent a NOID on February 19. I didnt receieve this. Second notice (NOID) not received and because i did not respond to the NOID both the i130 and i485 was denied

[afternoontea 0]

13 hours ago, carmel34 said:

Here's my advice:

1. don't bother with the i-230b unless you are absolutely certain that USCIS made an error, because the appeal process takes a very long time with no guarantee of success.  What documents did you submit with the AOS package to show bona fide marriage relationship?  Without this information it is difficult to give you good advice.

2.  if you decide that your initial AOS package was strong with lots of supporting evidence and you are filing the i-230b appeal, include documentation that shows it was an error on the part of USCIS.  It sounds from your post that they denied the AOS based on the evidence submitted and the interview.  Whether you got the denial letter or not would not change their decision.  The question you mentioned, and the different answers given about a previous address, does not seem enough on its own to be the reason for the denial.  What other questions were asked?  Were you together for the interview?  How long was the interview?  This information could give us some ideas about what may have led to the denial.

3.  try to get a copy of the denial letter so that you can know better on what basis they made their decision, sometimes they spell it out in the letter, sometimes they don't.  You can submit a FOIA request to try to get the denial letter but that could take a long time, so try to call USCIS and ask them to re-send it.

4.  we can't help you with this question unless you tell us clearly what evidence you sent with the AOS package.  So please share what documents you sent to prove that your marriage relationship is bona fide--joint bank account statements, joint credit card accounts, IRS tax transcripts showing that you filed as married, joint lease/mortgage/deed, will, living will, power of attorney, shared health insurance documents, etc.  Were there any red flags in your relationship, circumstances, past visa denials, inconsistencies in the information you provided, criminal record, etc., that you need to overcome?  If there are significant complicating factors then an experienced immigration attorney should be consulted.

5.  how is this question different from #2?

6.  I recommend skipping the i-230b based on what you've said so far and just file a new AOS package.  make sure your evidence of bona fide marriage is stronger, so do more research on what others have included.

 

Good luck!

Hi, thanks for your response.

 

1. I submitted a lease, joint bank account, wedding ring receipts,  Hotel bookings from the past, joint home insurance, utility bills, phone bills, share amazon accounts, photos.

2. We was together in the interview. in was about 15mins long. 

4. No. pretty straight forward application

 

[afternoontea 0]

13 hours ago, arken said:

Whether it's just that one question or multiple, it clearly says what you two said doesn't align with what was submitted. Until you can prove uscis was wrong in saying so, appeal is fruitless.

 

The best is to apply fresh petition again taking care of any issues from the interview.

But i never had a chance to defend myself because i've never seen the details on the NOID. that is what im basing the motion on.

[afternoontea 0]

13 hours ago, Boiler said:

I seriously doubt you would be denied based on the answer to one question.

 

Do you have a Lawyer?

thanks for your advice

 

[afternoontea 0]

7 hours ago, dwheels76 said:

I agree with everyone else an appeal is futile. On the NOID letter it clearly states "However, the testimony provided an the evidence in the record did not establish the claimed relationship".

1. So what evidence did you have in your AOS package seems you didn't frontload.
2. What Visa were you adjusting from?

3. How long have you been married?
4. How ling have you been in US?

 

1. I submitted a lease, joint bank account, wedding ring receipts,  Hotel bookings from the past, joint home insurance, utility bills, phone bills, share amazon accounts, photos.

2. f-1 student visa

3. 2years and 3months

4.5 years 

[Rocio0010 5,580]

6 minutes ago, afternoontea said:

But i never had a chance to defend myself because i've never seen the details on the NOID. that is what im basing the motion on.

OP, can you please answer the questions I asked on my post?

And also, filing a motion to reopen can be tricky in your case, because how do you prove that you haven’t received some mail?

[Rocio0010 5,580]

1 minute ago, afternoontea said:

1. I submitted a lease, joint bank account, wedding ring receipts,  Hotel bookings from the past, joint home insurance, utility bills, phone bills, share amazon accounts, photos.

2. f-1 student visa

3. 2years and 3months

4.5 years 

How about joint taxes?

[afternoontea 0]

7 hours ago, dwheels76 said:

If you didn't receive it then what is this you are showing us in the image? I am confused now.

 

See the problem with an appeal   is proving you didn't receive a mailing. All they will do verify the address if it's yours how do you prove you did or didn't receive. That's why you need to refile and this time get your petition package together.

 

I mean we asked you but what evidence of a comingling marriage did you provide,?

1. Bills together
2. Bank accounts jointly
3. Joint Tax filing
4. Lease/Mortgage/Deeds  both names added
5. Life Insurance
6. Car Insurace
7. Wills
8. Trips together

you have the best evidence living together so you both should have a boatload since you said you been in current place together over 2 years so that's at least 2 years together. So did you have evidence from the beginning of relationship to show this evolution of a marriage?

The image show the i-130 denial. 

I submitted a lease, joint bank account, wedding ring receipts,  Hotel bookings from the past, joint home insurance, utility bills, phone bills, share amazon accounts, photos.

 

[afternoontea 0]

1 minute ago, ra0010 said:

How about joint taxes?

No we do not have that.