Appeal Process I-130

[wantknow 11]

We are not sure what to do next, they denied our I-130 ... I have started to write a statement to address the issues " Proof of a Bona Fide marriage" My question is how do we respond to this on the appeal form EOIR questions? #2 on appeal specify reasons for appeal then it says Warning: If the factual or legal basis for appeal is not sufficienty described, the appeal may be summarily dismissed. Would my statement be to address this part on the form? #3 Do you desire oral argument before the BIA? If I answer yes would that be at my local INS office? #4 Do you intend to file a separate brief or statement after filing this notice of appeal? Does this mean I would send my statement at that time? If any one has been through this ur input would be greatly apprecated.

[Ouarda<3 11]

We are not sure what to do next, they denied our I-130 ... I have started to write a statement to address the issues " Proof of a Bona Fide marriage" My question is how do we respond to this on the appeal form EOIR questions? #2 on appeal specify reasons for appeal then it says Warning: If the factual or legal basis for appeal is not sufficienty described, the appeal may be summarily dismissed. Would my statement be to address this part on the form? #3 Do you desire oral argument before the BIA? If I answer yes would that be at my local INS office? #4 Do you intend to file a separate brief or statement after filing this notice of appeal? Does this mean I would send my statement at that time? If any one has been through this ur input would be greatly apprecated.

Sorry to hear about this but I would highly suggest that you need to get yourself a lawyer because I believe when you had your RFE you didnt send enough...

I had a RFE and sent orignal plane boarding passes, hotel confirmations and some more pictures, can you please fill us in on your story about the RFE and what you sent with it.

[dwheels76 5,468]

It would so help us that you fill us in on your initial packet what did you send in than the RFE. Obviously it wasn't enough. Don't want your appeal to be a waste so fill us in. Also call and do a attorney consult with an attorney that is very good at immigration and the MENA's not just anywhere.

[littoral1 15]

im so sorry for u

did they say what was the reason for the denial

[hamigirl710 112]

You should have got a denial letter from the service center that denied your petition since by what your timeline says it was denied here in the USA and didn't get even get to the NVC. In that letter it addresses all the reasons thay have denied you. You will need to take each reason one by one and give them proof and evidence to show them that yoour marriage is bonefide. I would suggest you taking that letter to an experienced immigration lawyer and at leaset discuss your plan of action with them. Best of luck!!

[wantknow 11]

Thanks for all your advice what I sent for the RFE was as follow: pics 16 total from years 2009 - 2011( they said it was not enough pics & they looked like we took them only for visa reason), 401k statement showing that I added my husband as beneficiary & joint bank account statment opened in May 2012 ( they stated that these accounts were to resent opened) but I had to find a bank that would allow me to open one with my husband outside of the country & no SS# which took some time. sent divorce papers again with date highlighted because they said I married right after divorced (not true I've been divorce over 20 yrs) emails, chat logs (they said these gave no insight to our relationship because we did not send the dialogs of our emails and chats), cell phone chat logs (they siad were unable to verify because of my carrier), emails to & from work to my husband ( they said that they were to short in dialog and too resent (not true I sent emails from 2008 - 2012) letter of explaination, cover letter, they said a marriage cert. does not prove anything and it does not carry much weight to them, they also said we did not prove we have a bona fide marriage and all submitted items show no insight in the relationship and thats the reason for denial and we can appeal their decision we have 30 days. They also said they think we did all of this because we were denied K1 visa

[wantknow 11]

It would so help us that you fill us in on your initial packet what did you send in than the RFE. Obviously it wasn't enough. Don't want your appeal to be a waste so fill us in. Also call and do a attorney consult with an attorney that is very good at immigration and the MENA's not just anywhere.

My initial packet:I-130 app, g325 bio, marriage cert, divorce cert, photos 2009-2011, my birth cert, email,chat logs,cell phone logs 2008-2012, bank statement, flight tickets 2009- 2011,3 affidavit letters from friends certified, hand written letter from our witness of our marriage.

[hamigirl710 112]

Thanks for all your advice what I sent for the RFE was as follow: pics 16 total from years 2009 - 2011( they said it was not enough pics & they looked like we took them only for visa reason), 401k statement showing that I added my husband as beneficiary & joint bank account statment opened in May 2012 ( they stated that these accounts were to resent opened) but I had to find a bank that would allow me to open one with my husband outside of the country & no SS# which took some time. sent divorce papers again with date highlighted because they said I married right after divorced (not true I've been divorce over 20 yrs) emails, chat logs (they said these gave no insight to our relationship because we did not send the dialogs of our emails and chats), cell phone chat logs (they siad were unable to verify because of my carrier), emails to & from work to my husband ( they said that they were to short in dialog and too resent (not true I sent emails from 2008 - 2012) letter of explaination, cover letter, they said a marriage cert. does not prove anything and it does not carry much weight to them, they also said we did not prove we have a bona fide marriage and all submitted items show no insight in the relationship and thats the reason for denial and we can appeal their decision we have 30 days. They also said they think we did all of this because we were denied K1 visa

Ok so you need to get together more pictures all and any that show you both at your best and worst. The ones with family and friends if you have them. Yes opening joint accounts and sending this proof isn't enough they want to see longevity in the relationship with finances co mingled, do you have western union receipts where you have sent him money by chance? What bank did you find that let you open and account? If you have credit cards you can add him as an authorized user. Ok the divorce decree error on their part gives you an opening for fighting this because this is false. ok the emails and chat logs are good but they want to see the chats and communications you have with eachother, not just the logs so give them some chats to read that have substance not just hi and I love and miss you stuff. Things where you are discussing your everyday life. The marriage certificate shows you are married legally and anybody can get married what they want to see is that you are together for love and not for immigration benefits.

Ok you said your K1 was denied in the past. On what grounds did they deny your K1 and did you straighten out the reason for denial before you married and sent in the I130?

Edited October 15, 2012 by hamigirl710

[hamigirl710 112]

just want to add that this denial is serious and you really should seek the advise of an attorney. I am not sure of what will happen if they deny him again it could be final and you might not have a chance to refile, an attorney who specializes in denials is your best road to take right now. I hope everything works out for you guys!!

Edited October 15, 2012 by hamigirl710

[Shoot Em Straight 385]

Being divorced over 20 years. You did not mention if there is a large age gap? This might have played into the first denial too.

It seems putting your husband on your accounts and the other evidence showed little at proving a real relationship....

You post about the weather...Are you living with him now in Agadir? Take more photos of your daily life, send those

and like advised address each issue.

By saying not true not true, it will not help u.

It is understandable not wanting to send too personal chats...but finding some that prove your relationship is real

would make it worth it.

I honestly hope u can do it yourself or invest in a lawyer to help u both get where you wish to be.

[onye uwaoma 131]

IMO the basis for this denial spiraled from your past k1 denial. They categorically stated it. So what was the reason for k1 denial in the first place? You don't seemed to have addressed that issue giving them the impression that your marriage was done to beat them! It appeared you've done what every ordinary petitioners that got approved had done, but, it does appeared the past k1 is hurting your cr1 so sorry for you! Take heart in this! It's your life and you have to fight courageously to overcome your predicament. You don't have no much time now to waste. I recommend Marc Ellis as one of the best immigration attorney for your case. I am confident you'll be reconsidered in the appeal. Don't just get emotional now, keep the faith! God is your strength

[pushbrk 12,883]

I would definitely seek professional assistance but you'll probably be advised to file a new petition instead of appealing the denial. Without knowing all the circumstances you cannot obtain sufficiently reliable advice in your situation. You can share everything in an interview with a professional.

[wantknow 11]

Thanks everyone I will contact a lawyer to see what they advice is as well ... as for are K1 we were never giving a reason why it was denied never giving a chance to respond at all and the case was expired. Our age difference is 15 yrs and yes I'm with my husband now in Morocco... thanks again for the great advice Back... just talk with a lawyer and her advice was to start all over again reapply for the K1 and I-130 and we would need to address all the issue they found prove we have a bona fide marriage. so I asked what about the appeal process and she said I could try and see what happens just send lots of proof I explain that they gave us 30 days to respond. She did find it odd that they never gave us the reasons for our denial of K1 visa. I'm so confused

[wantknow 11]

IMO the basis for this denial spiraled from your past k1 denial. They categorically stated it. So what was the reason for k1 denial in the first place? You don't seemed to have addressed that issue giving them the impression that your marriage was done to beat them! It appeared you've done what every ordinary petitioners that got approved had done, but, it does appeared the past k1 is hurting your cr1 so sorry for you! Take heart in this! It's your life and you have to fight courageously to overcome your predicament. You don't have no much time now to waste. I recommend Marc Ellis as one of the best immigration attorney for your case. I am confident you'll be reconsidered in the appeal. Don't just get emotional now, keep the faith! God is your strength

Thanks god is my strength and we pray to help us get through this whole process

[dwheels76 5,468]

Thanks everyone I will contact a lawyer to see what they advice is as well ... as for are K1 we were never giving a reason why it was denied never giving a chance to respond at all and the case was expired. Our age difference is 15 yrs and yes I'm with my husband now in Morocco... thanks again for the great advice Back... just talk with a lawyer and her advice was to start all over again reapply for the K1 and I-130 and we would need to address all the issue they found prove we have a bona fide marriage. so I asked what about the appeal process and she said I could try and see what happens just send lots of proof I explain that they gave us 30 days to respond. She did find it odd that they never gave us the reasons for our denial of K1 visa. I'm so confused

Well you have to decide to file one or the other you can't file both K1 and I-130. Will you be getting married?

Also as far as appeal that could take forever. There's no rush to make a decision. At least you starting all over you are processing. But thats too bad you don't even know why denied. Just load up your evidence and rresend in that 30 days I guess and wait it out. Since you seem to have the time and all.