File Another Petition?

[Dataunavailable 82]

1 hour ago, JeanneAdil said:

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

Good advice, I did most of that myself as well, besides opening a bank account together, my bank requires having a SSN for that. But I do have her as authorized user on my capital one credit card and brought her a card to use, capital one app makes it easy to see who used the card and when/where. Filed taxes married but separate, at least those will show that for the 2022 year. 

 

I would do this @Legend of Summer while waiting for the NOID if you haven't already. The sooner you do it, the less it shows it's just being done to satisfy an NOID/R

[Legend of Summer 23]

On 9/15/2023 at 11:37 PM, Dataunavailable said:

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. 

they said to wait for NOID and they'll take care of it for me once I receive the NOID.  

On 9/15/2023 at 6:18 PM, Mike E said:

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

 

not possible. I have to work. 

[Legend of Summer 23]

On 9/16/2023 at 11:40 AM, jan22 said:

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.

 

yes, same case from April.  I spent 6 weeks with my wife a few months ago. 

 

On 9/16/2023 at 3:34 PM, Family said:

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. 
 

 

 

yes, it's a hardship since I'm having heart surgery next January.  writ of mandamus? thanks, i'll look into it. 

 

23 hours ago, JeanneAdil said:

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

 

okay, thanks. I spent 6 weeks with my wife a few months ago. We traveled to Singapore and Thailand.  We created a joint bank account with both of our names. I tried to add her name to my Chase bank but my personal banker can't do it without ITIN or present in the state. 

[Legend of Summer 23]

22 hours ago, Dataunavailable said:

Good advice, I did most of that myself as well, besides opening a bank account together, my bank requires having a SSN for that. But I do have her as authorized user on my capital one credit card and brought her a card to use, capital one app makes it easy to see who used the card and when/where. Filed taxes married but separate, at least those will show that for the 2022 year. 

 

I would do this @Legend of Summer while waiting for the NOID if you haven't already. The sooner you do it, the less it shows it's just being done to satisfy an NOID/R

I created C1 Venture X in her name and she's using it. 

[Mike E 11,739]

20 minutes ago, Legend of Summer said:

not possible. I have to work.

You might have to save up some money then.

 

Immigration is expensive

[Dataunavailable 82]

52 minutes ago, Legend of Summer said:

I created C1 Venture X in her name and she's using it. 

Sounds good, I think you'll be alright, you have more time together and are showing finances together, the wait is awful, but get that NOID and hopefuly the extra proof you have will take care of any concerns. 

[Family 3,988]

Upcoming surgery is excellent and sufficient grounds to request expedited processing TODAY.

1. Call USCIS and insist on filing expedite request based on medical hardship.

2. Google your congressman and prepare two Case authorization forms ( one for USCIS , other for DOS), a copy of your drivers license and a simple HELP plea to speed up the USCIS review and NOIR. 
3. Do not be discouraged if there is pushback and “ don’t know where file is ..or you need to wait”. Follow through every 2 weeks w congressional Liason ( by email for written record) and keep calling USCIS until they actually take your expedite request)..

 

I know you have an attorney, but an aggressive effective campaign to expedite can only be done by YOU.

 

4. Email the consulate a copy of your Doctors letter that mentions surgery , mention you have lodged expedite request for medical reasons with USCIS and congressman …BUT are unsure it will help unless file is located. Ask their help in confirming/ tracking “ seemingly missing file “ 

Tell them you have compiled extensive additional evidence of bonafide marriage and stand ready to submit such…insist you need help urgently and the delay is causing extreme hardship…( This is a bit of smoke but you want to establish record that you WILL be fighting for expedited processing and will not go away quietly).

[Legend of Summer 23]

12 minutes ago, Family said:

Upcoming surgery is excellent and sufficient grounds to request expedited processing TODAY.

1. Call USCIS and insist on filing expedite request based on medical hardship.

2. Google your congressman and prepare two Case authorization forms ( one for USCIS , other for DOS), a copy of your drivers license and a simple HELP plea to speed up the USCIS review and NOIR. 
3. Do not be discouraged if there is pushback and “ don’t know where file is ..or you need to wait”. Follow through every 2 weeks w congressional Liason ( by email for written record) and keep calling USCIS until they actually take your expedite request)..

 

I know you have an attorney, but an aggressive effective campaign to expedite can only be done by YOU.

 

4. Email the consulate a copy of your Doctors letter that mentions surgery , mention you have lodged expedite request for medical reasons with USCIS and congressman …BUT are unsure it will help unless file is located. Ask their help in confirming/ tracking “ seemingly missing file “ 

Tell them you have compiled extensive additional evidence of bonafide marriage and stand ready to submit such…insist you need help urgently and the delay is causing extreme hardship…( This is a bit of smoke but you want to establish record that you WILL be fighting for expedited processing and will not go away quietly).

 

I'm working with my senator but the case is no longer in Vietnam.  The consulate in HCMC said they couldn't do anything at this point since it was shipped back to USCIS in May 2023 and told me to contact USCIS. 

 

Is there a special way to dial to get USCIS on the phone? I heard it's difficult. What's DOS? How do I contact the congressional Liaison?

 

Edited September 18, 2023 by Legend of Summer

[Family 3,988]

If you are already working w Senator , you are one step ahead. No need to contact congressman , both work same way. Liason is just term for dedicated staff from branch . DOS is departmental of state.

Keep up pressure with Senator to locate file and ask them for a direct response on status of your expedite.

 

Yes, it’s hard to get human on phone w USCIS..but keep calling and lodge the expedite. If by chance expedite gets denied , appeal it ( simple email process)

[Legend of Summer 23]

1 minute ago, Family said:

If you are already working w Senator , you are one step ahead. No need to contact congressman , both work same way. Liason is just term for dedicated staff from branch . DOS is departmental of state.

Keep up pressure with Senator to locate file and ask them for a direct response on status of your expedite.

 

Yes, it’s hard to get human on phone w USCIS..but keep calling and lodge the expedite. If by chance expedite gets denied , appeal it ( simple email process)

 

 

I got a human on the phone. She said the case is currently on the list of expedited.  That's all she can provide to me and no other option to make it any faster.

[Family 3,988]

19 minutes ago, Legend of Summer said:

 

 

I got a human on the phone. She said the case is currently on the list of expedited.  That's all she can provide to me and no other option to make it any faster.

Good first attempt..now try to find out when it was placed on expedite ( date) , has it been assigned to an officer and what timeframe is there for a decision to me made on expedite. Also indicate you have received no notice ( email or letter) confirming case is on expedite review. So you don’t know if expedite request was approved and if so when was it approved and how long has it been on that list.

 

Say your heart condition is precarious and may require earlier than planned intervention…so dates are crucial (…or fill in as  you see fit)…

But it September and expedites usually get resolved in 30 days or less…so keep at it
 

[Legend of Summer 23]

30 minutes ago, Family said:

Good first attempt..now try to find out when it was placed on expedite ( date) , has it been assigned to an officer and what timeframe is there for a decision to me made on expedite. Also indicate you have received no notice ( email or letter) confirming case is on expedite review. So you don’t know if expedite request was approved and if so when was it approved and how long has it been on that list.

 

Say your heart condition is precarious and may require earlier than planned intervention…so dates are crucial (…or fill in as  you see fit)…

But it September and expedites usually get resolved in 30 days or less…so keep at it
 

is there such a rule that USCIS won't reopen the case until 180 days after they receive it from DOS?

Edited September 18, 2023 by Legend of Summer

[Family 3,988]

No. 
Keep pressing the medical urgency .. and plead your case .

[Legend of Summer 23]

8 minutes ago, Family said:

No. 
Keep pressing the medical urgency .. and plead your case .

 

Should I ask to speak to level 2?

[Legend of Summer 23]

Unbelievable, called USCIS again. they said no record of my case was sent back to them from NVC. Now they are opening a ticket to get an answer. what the heck?