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

[afternoontea 0]

3 hours ago, HRQX said:

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).

Thank you for understand. this is right 

[Rocio0010 5,580]

2 minutes ago, afternoontea said:

No we do not have that. 

Why not?!

[afternoontea 0]

33 minutes ago, ra0010 said:

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?

No July 2021. I didnt recieved the NOID or denial. USCIS emailed me the denial but not the NOID

[Rocio0010 5,580]

2 minutes ago, afternoontea said:

No July 2021. I didnt recieved the NOID or denial. USCIS emailed me the denial but not the NOID

Ok.

Why don’t you have joint taxes? That’s one fundamental evidence for financial comingling.

 

These are the questions I asked earlier:

 

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.

[afternoontea 0]

2 minutes ago, ra0010 said:

Ok.

Why don’t you have joint taxes? That’s one fundamental evidence for financial comingling.

 

These are the questions I asked earlier:

 

 

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.

I rather not discuss why. 

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. a phone record, more pictures, a recent bank statement, 

3. No

4. No

5. No, it is a same sex marriage

[Cyberfx1024 7,980]

4 minutes ago, afternoontea said:

I rather not discuss why. 

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. a phone record, more pictures, a recent bank statement, 

3. No

4. No

5. No, it is a same sex marriage

Same sex marriages are not red flag in this day an age

[Rocio0010 5,580]

10 minutes ago, afternoontea said:

I rather not discuss why. 

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. a phone record, more pictures, a recent bank statement, 

3. No

4. No

5. No, it is a same sex marriage

I do understand you not wanting to share the reasons why, but I can tell you right now and without knowing anything else about your case that this is a HUGE red flag. USCIS wants to see financial  comingling, and joint taxes are key evidence for this. 
1. that’s good evidence, but honestly it’s not the best. As I said, joint taxes are key. Most people file as married filing jointly, but some others do married filing separately and that’s perfectly fine too. But you need to file as married because you’re not single. So, if you did file as single, you can (and actually should) amend your taxes to file as married. 
5. That’s not a red flag.

 

As I said before, a motion to reopen would work if it was a mistake by USCIS that you can prove . Since you can’t prove you didn’t receive mail, it would be useless imho. I would refile, but first, you need to take care of your taxes, because a) it’s KEY evidence and for sure you’ll get a RFE and a denial if you don’t show this, and b) you want to be in good standing with the IRS. My two cents.

Edited August 7, 2021 by ra0010
Wrong spelling, silly autocorrect!

[afternoontea 0]

1 minute ago, ra0010 said:

I do understand you not wanting to share the reasons why, but I can tell you right now and without knowing anything else about your case that this is a HUGE red flag. USCIS wants to see financial  comingling, and joint taxes are key evidence for this. 
1. that’s good evidence, but honestly it’s not the best. As I said, joint taxes are key. Most people file as married filing jointly, but some others do married filing separately and that’s perfectly fine too. But you need to file as married because you’re not single. So, if you did file as single, you can (and actually should) amend your taxes to file as married. 
5. That’s not a red flag.

 

As I said before, a motion to reopen would work if it was a mistake by USCIS that you can prove . Since you can’t prove you didn’t receive mail, it would be useless imho. I would regule, but first, you need to take care of your taxes, because a) it’s KEY evidence and for sure you’ll get a RFE and a denial if you don’t show this, and b) you want to be in good standing with the IRS. My two cents.

We filed as single. Because my wife lost her job during the pandemic we are worried me might have not pass the financial aspect. I have call logs of calling uscis in April and May and both times the agent told me my case still needs to be reviewed. No mention on the NOID sent on Feb 19. Also my account online is still not updated.

 

 

Thanks for the advice. I will refile my taxes.

 

 

[Rocio0010 5,580]

3 minutes ago, afternoontea said:

We filed as single. Because my wife lost her job during the pandemic we are worried me might have not pass the financial aspect. I have call logs of calling uscis in April and May and both times the agent told me my case still needs to be reviewed. No mention on the NOID sent on Feb 19. Also my account online is still not updated.

 

 

Thanks for the advice. I will refile my taxes.

 

 

Yes, go ahead and amend your taxes. If you’re married you need to file as married. I know you have the options to do jointly or separate, I’m not a tax expert to explain the differences, but in your case I’d go to a tax accountant to get the situation straightened out. When you refile, you need to send your tax transcripts and they are going to want to see that you filed as “married”. 
Since imho you need to refile, you’ll need to send a new I-864. If your wife is working now and she makes above the poverty line , then you should be good. But if not, you’ll need a joint sponsor. 
Call logs are by no means evidence that USCIS made a mistake. You’ll be wasting your money, time, and energy with a motion to reopen.

 

Is there a reason why you don’t want to file again?

 

 

 

[afternoontea 0]

13 hours ago, ra0010 said:

Yes, go ahead and amend your taxes. If you’re married you need to file as married. I know you have the options to do jointly or separate, I’m not a tax expert to explain the differences, but in your case I’d go to a tax accountant to get the situation straightened out. When you refile, you need to send your tax transcripts and they are going to want to see that you filed as “married”. 
Since imho you need to refile, you’ll need to send a new I-864. If your wife is working now and she makes above the poverty line , then you should be good. But if not, you’ll need a joint sponsor. 
Call logs are by no means evidence that USCIS made a mistake. You’ll be wasting your money, time, and energy with a motion to reopen.

 

Is there a reason why you don’t want to file again?

 

 

 

I didn’t want to refile because I didn’t want to start again. And have a harder interview or a stokes interview. If I file to reopen I was advised  I’ll get a decision In about 2 months. But I am going to refile with the taxes and more evidence. Hopefully it will be successful this time. 

[Rocio0010 5,580]

56 minutes ago, afternoontea said:

I didn’t want to refile because I didn’t want to start again. And have a harder interview or a stokes interview. If I file to reopen I was advised  I’ll get a decision In about 2 months. But I am going to refile with the taxes and more evidence. Hopefully it will be successful this time. 

Good decision to refile. A motion to reopen, if successful, will still give you a harder/ stokes interview. I’m not bragging about me, but our interview was cancelled and gc approved. It was probably because of the evidence we sent and the way it was organized. I can share screenshots of our list if you’d like. Just let me know!

[afternoontea 0]

10 minutes ago, ra0010 said:

Good decision to refile. A motion to reopen, if successful, will still give you a harder/ stokes interview. I’m not bragging about me, but our interview was cancelled and gc approved. It was probably because of the evidence we sent and the way it was organized. I can share screenshots of our list if you’d like. Just let me know!

Wow that’s amazing. Congratulations!!! Please do share the list 

[afternoontea 0]

Just now, afternoontea said:

Wow that’s amazing. Congratulations!!! Please do share the list 

11 minutes ago, ra0010 said:

Good decision to refile. A motion to reopen, if successful, will still give you a harder/ stokes interview. I’m not bragging about me, but our interview was cancelled and gc approved. It was probably because of the evidence we sent and the way it was organized. I can share screenshots of our list if you’d like. Just let me know!

Also, does refilling make it harder to get the green card ? Or is the first application not considered?? 

[Rocio0010 5,580]

12 minutes ago, afternoontea said:

Wow that’s amazing. Congratulations!!! Please do share the list 

Here you go!

[Rocio0010 5,580]

12 minutes ago, afternoontea said:

 

To be honest I don’t have first hand experience with refilling, but I have seen many cases in VisaJourney where people refile with no issues. At most, they might ask you about it at the interview, but it shouldn’t pose a problem unless you don’t fix the reason for the first denial imho.