Received revocation notice for our I-130

[Crazy Cat 41,834]

3 minutes ago, Luckystar78 said:

Only issue with me moving to his country is that I have a small child, otherwise I would have moved there a long time ago.

 

I think trying to fight this USCIS decision will be extremely expensive and time consuming.....and fruitless.

Edited October 26, 2021 by Crazy Cat

[JeanneAdil 6,491]

you did an affidavit attempting to explain /  that is not proof /  i stated above " you need actual proof that the issue CO bought up was false /

your affadvit  is what you think and what he meant to say /   is not provable 

 

many want to come to the US and will say "I love you"  but to live with a person,   there must be more

you gotta know each other 

know likes and dislikes 

and families 

A CO can ask "What color is the petitioner's house ?"   and the bene must know 

 

I noticed you said u met in  2015 and he said 2016 / these difference are big

my husband can tell u exactly how and when we met 

 

over and over I say "Get to know each other" 

if you don't its not going to last

[ValUs9517 5]

11 minutes ago, JeanneAdil said:

you did an affidavit attempting to explain /  that is not proof /  i stated above " you need actual proof that the issue CO bought up was false /

your affadvit  is what you think and what he meant to say /   is not provable 

 

many want to come to the US and will say "I love you"  but to live with a person,   there must be more

you gotta know each other 

know likes and dislikes 

and families 

A CO can ask "What color is the petitioner's house ?"   and the bene must know 

 

I noticed you said u met in  2015 and he said 2016 / these difference are big

my husband can tell u exactly how and when we met 

 

over and over I say "Get to know each other" 

if you don't its not going to last

What they are saying is he said 2015 but then said 2016 ( which is correct) but according to my husband he never said 2015. He was able to answer everything about me correct like what car I drive, what my work office looks like my house, outside my house, where I park my favorite color and food. What I do for a living, my income. The one thing he didn't know was my favorite movie and I'm being totally honest when I say I don't have one. He knew all my family members, my and my daughters birthday, what she likes to play. It's just crazy to me. 

[Boiler 45,466]

Having a small child and being married so long does make me wonder how soon you married after meeting.

[JeanneAdil 6,491]

sorry but an appeal at this point is more than likely useless as you can not offer proofs of the inconsistencies 

impossible to prove what a person is thinking

 

a lawyer, yeah,  one would take your money

but be able to get the visa for him,  ????  questionable as a lawyer can't prove what a person thinks to appeal this decision

 

if the CO asked all the questions you posted saying he knew your family and birthday and such,  he suspected the relationship 

 

your only recourse is to spend quality time together if you want to continue with the process and reapply 

just for your information,  reapplying still does not insure success

[millefleur 5,046]

20 minutes ago, Luckystar78 said:

The one thing he didn't know was my favorite movie and I'm being totally honest when I say I don't have one. He knew all my family members, my and my daughters birthday, what she likes to play. It's just crazy to me

They said in the letter that if it had been only one or two discrepancies, it would be understandable. It's normal to miss a mundane question about something like favorite movie, this is relatively minor.

 

It seems they looked at the totality of the circumstances, including photos, chat records, affidavits, and determined them to be unsatisfactory. The filing for bankruptcy that was mentioned is a major red flag. This is very suspicious and if he can't prove what exactly is going on with his finances then there's probably no way to overcome suspicion.

[ValUs9517 5]

25 minutes ago, Boiler said:

Having a small child and being married so long does make me wonder how soon you married after meeting.

We married a year and 2 months after meeting. My child was 1 when we met.

[Boiler 45,466]

1 minute ago, Luckystar78 said:

We married a year and 2 months after meeting. My child was 1 when we met.

How much time did you spend together in that 14 months?

[dwheels76 5,468]

So you meet in 2016 and married September 2017. How many times have you been there? You say you have a small child is that from this marriage or previous?

I think alot of this is lack of time together. You say you can't move because you have a small child, that's why I asked is he the father because why wouldn't your want the father to be there with his child.

Also how in the world did they know you filed for bankruptcy/ Looking at the NOIR letter posted seems there was a real lack of vetting your evidence. You should know no matter the country it never is in a woman's favor to show she buys gifts for him and not the other way around. It seems to them maybe a Visa is being bought.

 

If you decide to refile after a very long time together and a couple of visits. Use some quality evidence. Pictures should always be spontaneous not staged.

 

And a appeal is futile. Appeals means you can show that USCIS made a mistake. What they have done is revoked (took back the original approval of the petition)
This is very hard to overcome. Not impossible. I believe immigration is challenging you to get some strong evidence by priority 1 seeing each other in person and spending time together.

 

[SusieQQQ 11,586]

37 minutes ago, Luckystar78 said:

What they are saying is he said 2015 but then said 2016 ( which is correct) but according to my husband he never said 2015. He was able to answer everything about me correct like what car I drive, what my work office looks like my house, outside my house, where I park my favorite color and food. What I do for a living, my income. The one thing he didn't know was my favorite movie and I'm being totally honest when I say I don't have one. He knew all my family members, my and my daughters birthday, what she likes to play. It's just crazy to me. 

Sorry, but they did not deny it because of one thing he didn’t know. That was pointed out in a list of issues where they specifically said one or two inconsistencies would be understandable but there were too many. Also,  I’ve seen cases before where they do not care about overlapping relationships, they are not morality police. They seem to care about it here however, and that would only seem to make sense if they think it is a “puzzle piece” so to speak. Another poster suggested a read between the lines of what they might think is the issue, and that could be part of it.

 

The time has come for you to face the harsh truth about this. Looks like you either need to put together a much better evidenced new package (one that pre-emptively addresses the concerns raised in the revocation) and/or let the biological dad take the kid for a year while you go live with your new husband, or give up on it. That’s a harsh set of choices, but that’s where you are.

[millefleur 5,046]

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VJ Moderation

[JeanneAdil 6,491]

I went back and read your post when u recd the NOIR from January

and said the same response 

 

You said they asked u for a statement 

a statement has to be backed up with solid evidence

 

anytime,  anytime during this process,  if immigration questions something,  we must document and prove it

i can not just say "I am a USC" i must show a birth certificate,  or naturalization certificate  or provide a US passport

we can't just say our income,  we have to show tax returns to back the statement up

always proof proof proof

good luck to u in the future

[Just Paul 4,595]

Live together for sometime and collect a pile a evidence.  You now know what they are looking for.  Only after that file a new petition.

[carmel34 3,621]

My suggestion if you want to try again for a US spousal visa, is to spend much more time together, save all the evidence from these trips (2 or more minimum, 4+ would be better, we did a total of 8) such as original boarding passes, passport stamps, hotel receipts, a few candid photos together, and also do as much financial co-mingling as you can while living in separate countries (we sent joint married IRS tax returns, shared credit card account statements, will, living will, power of attorney, and documentation showing my husband as beneficiary on US health insurance, dental insurance, vision insurance, life insurance, retirement accounts, bank accounts, etc.).  All of this financial co-mingling is possible even with one spouse living outside the US, without a social security number.  Do not file a new I-130 petition until you have a very thick pile of documents as suggested to prove without a doubt that your relationship is genuine.  You may already have some, but from what you have shared so far, you need much more for a successful I-130 and IR-1 process.  It may take a few years, but if you really want to be together, this is the best path forward.  Good luck!

Edited October 26, 2021 by carmel34

[Rocio0010 5,579]

After reading the letter one can conclude it is not just because of an “inconsistency”. They pointed out several things, such as:

 

- the text messages you showed them were superficial and just “love you” or things like that. I personally never sent text messages between me and my husband, but if I did I would show more mundane stuff. Messages that show that there is a true relationship. I’m not saying you did, but there are plenty of apps which you can use to simulate text messages. My point is, USCIS doesn’t think they are real.

 

- the photos seem staged. If they were real, what makes them think they are staged?

- Affidavits: when I did my AOS, I did send a couple of them (though they are not mandatory), but the people that wrote them were people whom we talk to/ see everyday, so they know about our every day life. USCIS for some reason doesn’t think yours are genuine.

 

The biggest red flag is, to them, sending money. If it’s something regular, it looks more like a payment or something like that. 
They gave you a chance in January but you didn’t fulfill the requirements. It’s not a mistake on their part, so an appeal is a waste of energy, money, and time. You might think this is unfair and it might be, but it’s better and more productive to try to understand their point of view first, and then try to overcome obstacles. It seems to me that the only chance you have to build a more mundane, solid relationship and provide USCIS with evidence is to live with your bf/ husband abroad for some time, and then try again.