Case denied yesterday [merged threads]

[SalishSea 17,660]

19 hours ago, Stormi10 said:

Well it's what we did and it was best option for us at the time and frankly not your business why we went that route. Also- my attorney says was denied in error it's a due process issue since he thinks they couldn't have possibly looked at all the evidence submitted or bothered to take into consideration that there were otherwise of verify information like speaking directly to my husband. AND again our case in not unique.

You voluntarily shared your ‘business’ on a public forum, so expect a variety of feedback.

 

Anyway, if it was denied in error and you have a competent attorney, it should be nothing to worry about.   Hopefully you are submitting the appeal asap.

Edited October 10 by SalishSea

[Stormi10 4]

44 minutes ago, SalishSea said:

You voluntarily shared your ‘business’ on a public forum, so expect a variety of feedback.

 

Anyway, if it was denied in error and you have a competent attorney, it should be nothing to worry about.   Hopefully you are submitting the appeal asap.

Correct,  I did volunteer my business and I asked for for advice. I DID NOT anyone's opinion on what  we should or should not have done. Ok

[wazzujoel 63]

On 10/7/2024 at 12:22 PM, Stormi10 said:

@wazzujoel thank you for your reply and advise . Let me address the points so you can see why this is not nothing more than discrimination.

 

1. We filed i-130 online , I uploaded a copy of his birth certificate which came straight from the office of vital stastics as his original was burned in a fire years ago .

 2. I supplied proof from the prison which shows he is a US citizen too 

3. What is the definition of a marriage because "real marriages" where couple sleep in the same bed and all the things you mentioned still get divorced. We have been married for 8 years longer than most " normal marriages" last.

4. We supplied the following information. 

a. 8 years of in person and video visits . I visit him every week 

b.  12 years of phone call records supplied by the prison themselves.

c. 8 years of correspondence between myself and his attorneys.

d. 8 years of correspondence with various prison officials.

e. 8 years of putting money on his books and money he sends me to cover bills.

f. Arranged a call with prison officials that the USCIS officer could have called to speak directly to my husband. The officer didn't even look at the information regarding the phone call. He said he didn't think they would go interview him at the prison. 

g. The actual marriage certificate.

h. Names of three people who have been in the same situation as me and were granted a green card including the name of one of their attorneys. I personally tracked these people down.

5. I had 2 banker boxes of documents including letters , evidence we had continued to collect. Our marriage certificate, both birth certificates, updated sponsors tax returns. My tax returns he never asked for a thing despite me offering all the documents to view. His words were "it's not necessary "

 

 

That's wild they would say you didn't prove he is a USC with the copy from vital statics. 

 

Although I agree with you that sounds like a lot of evidence, remember ultimately it was just the USCIS agent making the determination if he thought your evidence proved a bona fide relationship. Based on that one person's opinion, it did not. Were they influenced by discrimination? Maybe, but that's not easily provable.  You have to focus on what are the facts and the facts are this one USCIS agent did not think your husband was 1. a USC 2. That you two had a bona fide marriage. 

 

In my non-legal opinion, I think your next steps are to file an appeal which means your case, and the appeal brief you submit will be reviewed by a secondary agent who might agree with your position and approve. I can't really offer you any real advice on what additional evidence to submit or what to write in your appeal, but don't make the appeal be about things you can't prove (the last agent maybe using discrimination to deny you) and instead focus on why he is a USC and why your evidence was sufficient to prove a bona fide marriage. 

 

Best wishes 

[Stormi10 4]

20 minutes ago, wazzujoel said:

 

That's wild they would say you didn't prove he is a USC with the copy from vital statics. 

 

Although I agree with you that sounds like a lot of evidence, remember ultimately it was just the USCIS agent making the determination if he thought your evidence proved a bona fide relationship. Based on that one person's opinion, it did not. Were they influenced by discrimination? Maybe, but that's not easily provable.  You have to focus on what are the facts and the facts are this one USCIS agent did not think your husband was 1. a USC 2. That you two had a bona fide marriage. 

 

In my non-legal opinion, I think your next steps are to file an appeal which means your case, and the appeal brief you submit will be reviewed by a secondary agent who might agree with your position and approve. I can't really offer you any real advice on what additional evidence to submit or what to write in your appeal, but don't make the appeal be about things you can't prove (the last agent maybe using discrimination to deny you) and instead focus on why he is a USC and why your evidence was sufficient to prove a bona fide marriage. 

 

Best wishes 

Thank you again we have hired an attorney.

[appleblossom 2,242]

8 hours ago, Stormi10 said:

Correct,  I did volunteer my business and I asked for for advice. I DID NOT anyone's opinion on what  we should or should not have done. Ok

 

There's no need to be defensive, it was just a question. A consular processing application would have made far more sense given your situation and I think @SalishSea was just wondering if there was another reason you chose AOS, or if perhaps you were misadvised.

 

Hope that the appeal is granted, good luck. 

[SalishSea 17,660]

3 hours ago, appleblossom said:

 

There's no need to be defensive, it was just a question. A consular processing application would have made far more sense given your situation and I think @SalishSea was just wondering if there was another reason you chose AOS, or if perhaps you were misadvised.

 

Hope that the appeal is granted, good luck. 

Exactly my point.   Water under the bridge now, but for a case already containing red flags, I’d have gone with consular processing vs. adjusting status, for sure.