File Another Petition?

[Legend of Summer 23]

My i130 got rejected a few months ago by the US Consulate in Ho Chi Minh City.  They are sending it back to USCIS for NOIR/NOID.  Should I file it again since it takes another year before I can hear anything from USCIS according to many people? What are the pros & cons?

Edited September 15, 2023 by Legend of Summer

[Timona 4,207]

Rare for I-130 to get denied. @Boiler

 

You can refile, BUT unless you satisfy the reason for previous denial, you're wasting time and money. 

 

Why was it denied?

[Legend of Summer 23]

1 minute ago, Timona said:

Rare for I-130 to get denied. @Boiler

 

You can refile, BUT unless you satisfy the reason for previous denial, you're wasting time and money. 

 

Why was it denied?

 

Not enough evidence of a marriage according to them. 

Edited September 15, 2023 by Legend of Summer

[Timona 4,207]

That's vague. Didn't you not get RFE. Did you respond to it?

 

There's definitely a very good reason for your denial 

Edited September 15, 2023 by Timona

[Legend of Summer 23]

6 minutes ago, Timona said:

That's vague. Didn't you not get RFE. Did you respond to it?

 

There's definitely a very good reason for your denial 

no RFE. It went thru all the way to Vietnam.

 

So should I refile or wait for NOIR/NOID?

Edited September 15, 2023 by Legend of Summer

[JeanneAdil 6,492]

you need to wait for the NOIR/NOID to be able to reapply and answer the issues (with actual proofs that the CO is mistaken)  

 

The following announcement makes it possible for the case to give additional evidence and prove the marriage is bona fide without going thru the long appeal process /also saves the embassy from issuing a ds5535

Sp, when USC gets the NOIR/NOID there is a chance to further send proofs of real relaitonship and marriage

 

Announce 9/2021

 

In order to reduce barriers that may impede access to immigration benefits and ensure the agency is fairly and efficiently adjudicating immigration benefit requests, USCIS is returning to the principles of the 2013 policy by issuing RFEs and NOIDs when additional evidence could demonstrate eligibility for an immigration benefit. This policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions and will help protect both benefit requestors and the agency from expending additional resources unnecessarily.

 

from

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-RFEs%26NOIDs.pdf

 

 

[Mike E 11,739]

Sounds like you need to live with your spouse before trying again.

[W199 333]

3 hours ago, Legend of Summer said:

 

Not enough evidence of a marriage according to them. 

What evidence did you submit? 

[Cathi 5,747]

Reapplying without knowing the exact reason/s for denial, is a waste of time and money. Wait for the NOIR, then correct reason/s for denial before filing again.

[Dataunavailable 82]

4 hours ago, W199 said:

What evidence did you submit? 

I'd be interested to know this as well, did they both attend the interview, what questions did they ask and why they decided they don't see enough evidence for marriage? You must have a marriage certificate to get through USCIS I'd assume, pictures of the wedding, were questions answered incorrectly from the consular? Did the consular question the answers given to them? 

[Dataunavailable 82]

8 hours ago, Legend of Summer said:

My i130 got rejected a few months ago by the US Consulate in Ho Chi Minh City.  They are sending it back to USCIS for NOIR/NOID.  Should I file it again since it takes another year before I can hear anything from USCIS according to many people? What are the pros & cons?

I read through your previous post, you mentioned you have/had, a lawyer, what advice did they give? I would guess a lawyer that is not just there to take your money, would say to wait for the NOID to come so they know exactly what to tell you and your spouse to gather as proof to refute the issues on the NOID. 

[SalishSea 17,819]

5 hours ago, Mike E said:

Sounds like you need to live with your spouse before trying again.

Best advice.

[jan22 3,052]

Just to clarify -- it was the visa application that was denied, not your I-130, right?  The same case you posted about in early April?  Given the discussion in that post, and that the refusal was almost six months ago, I believe it would be better to wait a few more months to get the NOID paperwork so you can directly refute the issues listed and have the petition reaffirmed and returned to the Consulate for processing.

 

This not only gives you a means to directly address the issues raised by the Consulate, but also may be as fast as or faster than filing a new petition at this point.  Hopefully, you have already -- or will soon -- visited your wife since the denial and continued to collect documentation of your relatioship.

[Family 3,988]

After 3 interviews , especially with you taking part in them, I expect you and your wife can join efforts and recreate the questions and line of questions the CO pursued. 
Sit down and write down as many Q and As ( verbatim ) as you can both recall. Stick to what was asked and what was answered.
 
Sleep on it and review list a few times. Somewhere in there are clues to what the CO may have determined “issues/inconsistencies “ may exist .Now write down expanded answers ,  add missed details and nuances of what your relationship is ( not should be ).0

 

Now go bother your Congressman and ask for help in expediting the NOIR…if you have any elements of hardship to you ( petitioners ) do uses it. 
If a month passes by without any response, consider DIY a WOM ( writ of mandamus ..search on VJ) . I can’t justify paying $5k in legal fees but worth your efforts yo speed up the NOID. 
 

 

[JeanneAdil 6,492]

MY NOIR had a paragraph which read 

 

INTENT TO MARRY WAS BONA-FIDE

 

the petition was filed (date), and has now been pending for nearly a year, please provide current bona fides of evidence to establish that (my name ) intent in marriage was to establish a life together with (my husband's name).  Further evidence may include,  but is not limited to comingling of finances or joint ownership of property,  ..........

 

I sent proof of joint tax returns,  getting a ITIN ,  using ITIN to add him to bank account,   getting a POA from him and adding him with a deed of our house (and in the letter I called it OUR HOUSE not MY HOUSE),  added him to my water bill

 

Additionally it said 

(a)  proof of joint insurance policies with the other as bene (would be life insurance)

and 

I could submit affadivits of others for statements of marriage

 

I suggest u start to get the proof(s) u need to prove bona fide relationship by spending quality time together (( i spent months  in Moroc) and think to commingle your assets as further proof OR live in spouse's country  OR give it up