Appeal Process I-130

[pushbrk 12,898]

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

Sounds like you either misunderstood or found an ignorant attorney. If you start over, you don't appeal. You're married now. Your K1 is dead and gone.

Forget about what THEY say about why you were denied. Address why YOU think you were denied. We'll help, if you'll provide the information. I take it you are 15 years older than your Moroccan husband. That's the root of the problem, but not the whole story.

[wantknow 11]

Pushbrk... this is part of the email the lawyer sent to me after reveiwing the denial letters:

-- Go through with the appeals process. While your appeal is pending, you need to come up with more evidence that your marriage is real. Do you have any wedding photos? Do you have a joint bank account in Morocco or the US? Do you own any property in common? Do you have any mail addressed to both of you, especially utilities? Any credit cards with both of your names on them? Where do you stay when you are together in Morocco? If he is leasing property, make sure to get your name on a lease contract. Basically, you need to show that you intend to create a life together. -- While your appeal is pending, I would file for a K-3 visa. This visa is meant to shorten the physical separation of spouses waiting for their I-130 to be approved. Basically, if your I-130 is approved before the K-3, the K-3 is cancelled. If the K-3 is approved, your husband can at least be here with you while you wait for the I-130 appeal process. However, in the event the I-130 denial is affirmed, if he is in the country we can refile another I-130 again and buy him some time. It is much more difficult and time-consuming for DHS to get him out of the country than in. Either way, while he is here, you must both establish evidence of your relationship: a common address, common bank accounts, utility bills. The other benefit to your husband being physically present is that, if his I-130 is denied and he is placed into removal proceedings, you can both be properly represented by an attorney and buy him some time to refile.-- If your husband remains outside the country and your appeal is denied, you will have to go through the I-130 process again and/or file for another K-3 visa.

[dwheels76 5,468]

Pushbrk... this is part of the email the lawyer sent to me after reveiwing the denial letters:

-- Go through with the appeals process. While your appeal is pending, you need to come up with more evidence that your marriage is real. Do you have any wedding photos? Do you have a joint bank account in Morocco or the US? Do you own any property in common? Do you have any mail addressed to both of you, especially utilities? Any credit cards with both of your names on them? Where do you stay when you are together in Morocco? If he is leasing property, make sure to get your name on a lease contract. Basically, you need to show that you intend to create a life together. -- While your appeal is pending, I would file for a K-3 visa. This visa is meant to shorten the physical separation of spouses waiting for their I-130 to be approved. Basically, if your I-130 is approved before the K-3, the K-3 is cancelled. If the K-3 is approved, your husband can at least be here with you while you wait for the I-130 appeal process. However, in the event the I-130 denial is affirmed, if he is in the country we can refile another I-130 again and buy him some time. It is much more difficult and time-consuming for DHS to get him out of the country than in. Either way, while he is here, you must both establish evidence of your relationship: a common address, common bank accounts, utility bills. The other benefit to your husband being physically present is that, if his I-130 is denied and he is placed into removal proceedings, you can both be properly represented by an attorney and buy him some time to refile.-- If your husband remains outside the country and your appeal is denied, you will have to go through the I-130 process again and/or file for another K-3 visa.

First how in the world does she think a denied Petition thats in process of appeal and he will get approved and over here on a K3 which is obsolete. Does she even read up on things. I mean its like she is saying forget everyting he can just come on over and we file while he is here. WOW either she is really that clueless or well vapidly dumb.

"If your I-130 is approved before your K3". A K3 consists of a I-130 and I0-129F. WTH. WOW she scares me.

[pushbrk 12,898]

Pushbrk... this is part of the email the lawyer sent to me after reveiwing the denial letters:

-- Go through with the appeals process. While your appeal is pending, you need to come up with more evidence that your marriage is real. Do you have any wedding photos? Do you have a joint bank account in Morocco or the US? Do you own any property in common? Do you have any mail addressed to both of you, especially utilities? Any credit cards with both of your names on them? Where do you stay when you are together in Morocco? If he is leasing property, make sure to get your name on a lease contract. Basically, you need to show that you intend to create a life together. -- While your appeal is pending, I would file for a K-3 visa. This visa is meant to shorten the physical separation of spouses waiting for their I-130 to be approved. Basically, if your I-130 is approved before the K-3, the K-3 is cancelled. If the K-3 is approved, your husband can at least be here with you while you wait for the I-130 appeal process. However, in the event the I-130 denial is affirmed, if he is in the country we can refile another I-130 again and buy him some time. It is much more difficult and time-consuming for DHS to get him out of the country than in. Either way, while he is here, you must both establish evidence of your relationship: a common address, common bank accounts, utility bills. The other benefit to your husband being physically present is that, if his I-130 is denied and he is placed into removal proceedings, you can both be properly represented by an attorney and buy him some time to refile.-- If your husband remains outside the country and your appeal is denied, you will have to go through the I-130 process again and/or file for another K-3 visa.

This lawyer is clueless. Disregard anything they say.

What did the denial letters say?

[wantknow 11]

This lawyer is clueless. Disregard anything they say.

What did the denial letters say?

Thank you I just needed someone to comfirm what I thought....this is why I was so confused!!! See attach below portion of denial letter:

[wantknow 11]

First how in the world does she think a denied Petition thats in process of appeal and he will get approved and over here on a K3 which is obsolete. Does she even read up on things. I mean its like she is saying forget everyting he can just come on over and we file while he is here. WOW either she is really that clueless or well vapidly dumb.

"If your I-130 is approved before your K3". A K3 consists of a I-130 and I0-129F. WTH. WOW she scares me.

Me too

[pushbrk 12,898]

Thank you I just needed someone to comfirm what I thought....this is why I was so confused!!! See attach below portion of denial letter:

Up to the time of the most recent visa denial, how much time had the couple spent together in person? How much time have you spent together as of today? Please elaborate. Note that time spent together in person is the strongest evidence of a bona fide relationship.

Please also clarify the actual status. Did you receive a Notice of Intent to Revoke? If so, did you respond?

If you responded, did USCIS decide to revoke the approval of the petition?

[wantknow 11]

How much time have you spent together as of today? 2009 I spent 2 weeks vacation first trip and met, 2010 -16 days, 2011 -18 days, present time in morocco 1 month. Please elaborate. Note that time spent together in person is the strongest evidence of a bona fide relationship.

Up to the time of the most recent visa denial, how much time had the couple spent together in person? Total 50 days

Please also clarify the actual status. I-130 Appeal status 30 days to respond Did you receive a Notice of Intent to Revoke? No If so, did you respond?

If you responded, did USCIS decide to revoke the approval of the petition?

[pushbrk 12,898]

Your answer doesn't compute. You would only appeal the revoked petition. If the approval of the petition hasn't been revoked yet, there's nothing to appeal. What did you receive from USCIS? Look at it carefully. It will have a title.

[wantknow 11]

Your answer doesn't compute. You would only appeal the revoked petition. If the approval of the petition hasn't been revoked yet, there's nothing to appeal. What did you receive from USCIS? Look at it carefully. It will have a title.

4 pages 1st page is a letter of decision which tells me that I can appeal their decision by filing a completed form EOIR-29 I must send the form EOIR-29 and all required documents, including the appropriate filing fee to USCIS ATT: EOIR-29 PO Box 660939 Dallas TX 75266 and last page is the appeal form with instructions how to file and filing fee is 110 dollars

Its: Notice of appeal to the Board of Immigration Appeals from a decision of a USCIS Officer

Edited October 15, 2012 by wantknow

[pushbrk 12,898]

4 pages 1st page is a letter of decision which tells me that I can appeal their dedision by filing a completed form EOIR-29 I must send the form EOIR-29 and all required documents, including the appropriate filing fee to USCIS ATT: EOIR-29 PO Box 660939 Dallas TX 75266 and last page is the appeal form with instructions how to file and filing fee is 110 dollars

OK. I should have checked the timeline. Your I-130 was denied by USCIS after your RFE response. There was never a visa interview. Now, I get it. You are still better off to begin again with a well managed new process. It's actually better than winning an appeal and much faster.

[wantknow 11]

OK. I should have checked the timeline. Your I-130 was denied by USCIS after your RFE response. There was never a visa interview. Now, I get it. You are still better off to begin again with a well managed new process. It's actually better than winning an appeal and much faster.

So your saying re file I-130 again and let this one be denied?

[wantknow 11]

So your saying re file I-130 again and let this one be denied?

I thought if you get denied for a I-130 you don't get another chance to file again. This letter says it's final if my appeal is not received within the time allow

[pushbrk 12,898]

So your saying re file I-130 again and let this one be denied?

It's already been denied. Appealing it will not give you any advantage. Filing a well documented new one with a properly and efficiently managed new process is better in many ways than winning an appeal would be and MUCH faster.

[wantknow 11]

It's already been denied. Appealing it will not give you any advantage. Filing a well documented new one with a properly and efficiently managed new process is better in many ways than winning an appeal would be and MUCH faster.

Okay thanks for your advice I was just afraid I counld not apply again