i-130 Petition for Husband Denied

[LCcastro 1]

Im a US-citizen born in Chicago, Illinois

My husband is Colombian Citizen Born in Cali - Colombia

We got married on October 24- 2009

We filed for i-130 petition.

On March 11 - 2011 we got an appointment in the US Embassy in Colombia

Our petition was denied because of insufficient proof. (lack of evidence) also with the help of our consulate which was asking unorthodox questions like (last time we had sex..etc) We also didnt know we needed to take letters, gifts etc. And when our consulate asked for this things, all we had was pictures

On April 28- 2011 we received a letter stating:

"Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Your Case Status: Post Decision Activity

On April 28, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations."

In May 12- 2011 we received this letter:

"On May 12, 2011, your document I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was processed and mailed to the address on record. If you have not received it within 30 days of May 12, 2011, contact customer service at 1-800-375-5283. If you move while your case is pending, please call our customer service center at 1-800-375-5283."

We contacted the US visa Center to be told that 120 days from this date i will receive an update regarding my case, and that they might not of even received my letter yet.

I currently do not have a lawyer, because i have to wait until i receive this letter to know what to do next (i was told by an immigration lawyer"

Im very stressed, and the long wait is being hard on me.

I visit my husband every 3 months, and i can only spend 2-3 weeks at most in Colombia due to my job in USA.

so my questions are:

What is the next step? What letter will i likely receive?

Will i have to re-apply for another i-130 petition?

is there a way for my husband to get a visa while petition is awaiting?

Any Thoughts, comments are greatly appreciated! Thanks

[NigeriaorBust 4,087]

The next letter you get will probably be a notice of intent to deny/revoke. They will give you a very short time to respond to them so you should gather things now. They will say that they intend on denying the petition unless you can prove the consulate is wrong. You need to provide proof that you have a valid relationship. All those things you didn't bring to the embassy are a start. Add to that proof the relationship is still going on. The process is slow usually taking over a year. And NO he won't get a visa to visit while you are waiting.

[LCcastro 1]

The next letter you get will probably be a notice of intent to deny/revoke. They will give you a very short time to respond to them so you should gather things now. They will say that they intend on denying the petition unless you can prove the consulate is wrong. You need to provide proof that you have a valid relationship. All those things you didn't bring to the embassy are a start. Add to that proof the relationship is still going on. The process is slow usually taking over a year. And NO he won't get a visa to visit while you are waiting.

Thank you very much, this is what exactly i received in the mail.

I posted a new topic regarding my letter of intent to revoke.

Now my question is whats next?