What!? I'm sorry that you are going through this!
So after 14 months of waiting since the NOID back in 2007, we finally received the denial letter for my I-130, and I-485. Now the I-485 is automatically denied once the I-130 is denied. It is the I-130 I'm fighting to get approved. I will type the ENTIRE I-130 denial letter addressed to my DH (the petitioner) in bold below.
Notice of Denial of Petition for Alience RelativeReference is made to "Petition for Alien Relative", form I-130 filed on Jan. 12, 2007. The visa petition seeks to classify the benificiary, "my name", as the spouse of a United States citizen pursuant to Section 201(b) of the Immigration and Nationality Act, as amended. After consideration, it is determined that the application be denied.
Section 204(c) of the Immigration and Nationality Act, as amended states that:
"No Petition shall be approved if the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien admitted for permanent residence, by reason of marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws."
The U.S. Citizenship and Immigration Service issued a Notice of Intent to Deny on October 18, 2007. In the intent, you were granted thirty days to respond. Service records reflect that the beneficiary, "My name", submitted an affidavit and documentation responding to the allegations of marriage fraud.
Matter of DaBaase, 16, I&N Dec. 720. states that "Reopening of visa petition proceedings may not be instututed by the beneficiary; the right lies solely with the petitioner. The petitioner has sole authority to meet the burden of proof of establishing eligibility for the benefit sought. Therefore, it is the decision of the Service to deny the petition based on the findings in the Intent to Deny.
You may appeal this deicion by making an appeal to the Board of Immigration Appeals(BIA) in Washington, D.C. If you wish to appeal, you must file form EOIR-29, Notice of Appeal to the BIA, with this office along with the appropriate filing fee. Do not send your appeal directly to the BIA. It must reach this office within 30 calendar days from the date on this notice.
Please tell me if I'm misunderstanding this letter.....but it seems to be a technicality. My lawyer's screw up! I wrote a 18 page letter, and included documentation that my ex was a criminal, jerk, liar etc....and my lawyer wrote a letter. Lawyer never told us to include anything else....hell the lawyer submitted the NOID response! I'm furious at my current lawyer!
The denial doesn't say anything like despite the evidence I gave them, they still has clear evidence that I commited marriage fraud. It says that I responded to the NOID instead of DH!
Back in the NOID, the ONLY "evidence" they mentioned against me for marriage fraud was a statement my ex gave them. I have a consultation with Laurel Scott tomorrow.............but reading this, what do you guys think??
What!? I'm sorry that you are going through this!
01-15-2003 Hubby EWI
12-11-2004 Married the love of my life
01-18-2006 I-130 Approved
01-16-2009 Sent I-864 & DS-230
02-10-2009 Hired Ana Maria Schwartz as our lawyer
03-29-2009 Case complete!
05-12-2009 1st Appt in CDJ***Cancelled due to Swine Flu
06-12-2009 NEW 1st Appt in CDJ!***Eligable to file waiver!!!
08-05-2009 Waiver Appt!!!
Wow! I dont know what to say, but I want to wish you the best of luck and hope you can overcome this.
This is the first time (and probably the last) you might hear me say this, don't be quick to be angry with your attorney over this incident. It sounds like whoever wrote this was a total jerkass. It does not sound like you will have trouble appealing and hopefully winning.
How the hell was your husband supposed to prove your first marriage wasn't a fraud?! That is bull.
The big deal is that all applications have to be done by the USC until it comes time for waivers (not in your case of course, but others') and until then the USC has to appear to be in complete control. It is stupid and inane.
Keep working, keep faith! Don't let them win!
Thank you for all the encouraging words. *sigh* DH and I are both so emotionally drained from all this. My current EAD expires in 2 weeks and I guess I'll be losing my job. That doesn't help considering now we have to spend $$$ appealing this.
Oh well......tomorrow I'm meeting with Laurel so hopefully she'll shed some light into this. I don't think I'm going to keep my current lawyer for the appeal. I feel like with the NOID, he should've known better and told us that DH needed to sign the letter I wrote or write a few lines on his own backing up everything I submitted or something.....
yep, it's up to your current hubby to send all things. it is stupid, but you know how they will deny you for any reason they can come up with. this seems to me not to be that hard of a problem to fix. i know laurel will do it for you...good luck!
I hope you can sort this out!
Click here for my AOS January 2009 Timeline- Approved April 2009
I am not a lawyer, please don't mistake what I post as legal advice.
I am very sorry to read the denial. Be strong, stay focused and win your case.
Do what it takes and fight this denial. Then move on happily with your beau, that would be the best revenge for your Ex.
Good luck and keep us posted.
Married Oct 05/AOS Aug 06/Divorced Aug 07
751 good faith Oct 07/Bio.: Nov 07/Interview: May 08
Waiting no decision as yet.....
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