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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

bwaller78
I married my wife from the Philippines in 1998 and the visa was denied at the interview, and really do not know what happend to it, I was experiencing financial hardship and had more than I could handle on my plate at the time, so the process just faded away and me and my wife lost contact. I just wrote it at a loss and figured it was not meant to be. Then in 2004 returned to the Philippines and regained contact and restarted the I-130 process again. When my wife went to embassy for interview they stated that the first case was still open, which I do not know why since it was more than 3 yrs since. But was again denied at the interview and now returned to USCIS in California since April 24 for review. The visa was denied at the interview for marriage for immigration benefit. I am planning on going back for a visit in 4 weeks, and will be documenting every single move and item down to the smallest molecule, I will be more of a crime scene investigator than a tourist.

My question is that will I get a chance to submit additional documents to dispute the findings? I am going to have my wife and I sign and date every reciept of every purchase, pictures of every building we visit whle there, I am going to photgraph me and her showing the daily newspaper showing the current date every single day I am there. I am also planning on sending copies of the e ticket Itinerary for the flight, as well as the booking for the hotel as well as credit card statement showing the charges for such. I am planning on having myself, my mom, my wife's family in the Philippines, as well as co workers, friends and neighbors writing a statement. I am also planning on photgraphing my stamped passport as well as the boarding pass to and from, heck if I had access to the flgiht manifest would show that I am on the passenger list. I am planning on taking at least 100 photographs pf me and me and my wife together. I am also sending copies of my cell bill showing the number listed as showing constant communications. I will give them so much evidence that our relationship is bona fide, if they revoke the petition, I will have the biggest lawsuit in the history of the world as my civil right would have been severely violated.

I would greatly appreciate anyones help, as I am at a loss of words and getting real fed up with this stuff. If all else fails I am going to move over there since I am not very happy with my life here anyway.
Haole
I would say it's way past time to get a GOOD immigration lawyer!!
motu
QUOTE(bwaller78 @ Aug 15 2007, 12:41 AM) *
... ... if they revoke the petition, I will have the biggest lawsuit in the history of the world as my civil right would have been severely violated.

I don't think you can sue the federal govt. Immigration for your wife (and relatives etc.) is not a right, its a privilege. Besides the govt. choses not to be sued in any case.
Your best bet is to talk to an immigration lawyer and find out what you can do. If there is a specific incident/report based on which they suspect visa fraud - you may be able to overcome it but most people on VJ may not know much about such cases.
Good Luck
bwaller78
QUOTE(beckypua @ Aug 15 2007, 12:11 AM) *
I would say it's way past time to get a GOOD immigration lawyer!!



Thanks for the replies but unfortanatley I thinks its too late for a lawyer at this point. I am just going to supply all the evidence I got possibly gather, and if they deny or revoke the petition, there is nothing a lawyer will be able to do about anyway. Trust me, I have done months and months of research and found that its nearly impossible to overturn a revocation or denial of the petition, and this is a direct quote from a immigration lawyer web site "in the unlikely event that the petition that was revoked or denied is overturned the person who made the unfavorable decsion will not even know it because he would have been transfered to another assignment" it goes on to say the it could take months if not years to have a final ruling and having the chance to fall into the "immigration black hole" never to be seen again for yrs, plus I dont know if a lawyer can advise me on anymore information that I have found for free over the internet, and they will not be able to provide me with any more evidence they I am going to send or in the process of gathering, as I already have 1 inch of papers and not even close to being done, and they have not even issued a RFE in my case yet. I just wrote to find out if they will issue a RFE so I can send them a 3 inch book full of documents, photographs, letter, cards, etc. I have not listed most of the evidence that I am hoping that I will be able to send, like most I did not do this from the begining because I thought it would not go this far, as I would have even more evidence. I will be going back over there in 4 weeks for the third time as my passport will show. I am trying to do my best to provide the outcome I wish for, but my gut feeling tells me that does not matter if I hire a lawyer or not the outcome will be the same regardless, a denial, why somone might ask, because I know my life better than anyone, and it would be too good to be true to finally be happy with my life, but thats a whole new story I wish not to discuss at this time. Thanks , bwaller78
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