mike_2007
Oct 18 2007, 12:25 AM
ok my i-130 got denied,,and we appealed to BIA,,what is better to wait on the BIA decesion,,or to file a brand new i-130 with all the missing documents ?and if we do,,r they going to denied it bcoz we had a previous denial or no?
Haole
Oct 18 2007, 12:27 AM
QUOTE(mike_2007 @ Oct 17 2007, 07:25 PM)

ok my i-130 got denied,,and we appealed to BIA,,what is better to wait on the BIA decesion,,or to file a brand new i-130 with all the missing documents ?and if we do,,r they going to denied it bcoz we had a previous denial or no?
What documents were missing?
mike_2007
Oct 18 2007, 04:01 PM
well,,it was a missed up i-130,,we send it first with no documents at all,,and later we send them,,and then all the supporting documents where showing proof before the marriage,,we didnt send anything showing

ungoing relation ,,so is it a better idea to file a new i-130 and send everything in 1 time or to wait on the BIA appeal answer,,and if we send more documents now,,are they going to denied it bcoz i have a previous denial or no?
Nutty
Oct 18 2007, 04:32 PM
Weren't you reading the instructions AT ALL??!!!
My advice is that if you made mistakes on the first forms and did not follow the directions, is GET AN IMMIGRATION LAWYER!!!!!!
Haole
Oct 18 2007, 05:05 PM
QUOTE(mike_2007 @ Oct 18 2007, 11:01 AM)

well,,it was a missed up i-130,,we send it first with no documents at all,,and later we send them,,and then all the supporting documents where showing proof before the marriage,,we didnt send anything showing

ungoing relation ,,so is it a better idea to file a new i-130 and send everything in 1 time or to wait on the BIA appeal answer,,and if we send more documents now,,are they going to denied it bcoz i have a previous denial or no?
Since you blew the original {easy} submission so bad.
I'd do as Nutty says and get a Lawyer or someone who knows the process well to help you.
The paper process at NVC for a I-130 [CR/IR] gets a LOT more complicated when your petition gets to the NVC.
mike_2007
Oct 18 2007, 05:09 PM
i understand,,but this is not the case,,bcoz it wont get to the nvc bcoz it was denied,,and we appel it to the BIA,,but what iam saying is it beter to withdrawn the appel and file a new i-130
vbtbmrt
Oct 18 2007, 05:37 PM
ONLY A IMMIGRATION ATTORNEY CAN HELP YOU WITH YOUR CASE. IMMIGRATION ATTORNEY, IMMIGRATION ATTORNEY, IMMIGRATION ATTORNEY,THESE KIND FOLKS HAVE TRYED TO HELP YOU AND ALSO RECOMMENDED YOU TO SEEK AN IMMIGRATION ATTORNEY.NOTHING ELSE WILL GET YOU BACK IN THE USA BUT AN IMMIGRATION ATTORNEY
mike_2007
Oct 18 2007, 05:53 PM
jesus,,i dont believe u man,,i understand i need an imigration attorney?i dont have a dime,,and i dont wanna borrow and at the end i end up in were iam now?if it is a better obtion then i can borow and hire 1,,but iam asking,,is it better to file new one or no,,if i send more documents to prove the relation,r they going to prove it or i will end up at the freaking appeal one more time?and offcourse an attoeney will say file again bcoz they want money,,,but i dont wanna lose more time,,,,
trailmix
Oct 18 2007, 06:13 PM
QUOTE(mike_2007 @ Oct 18 2007, 04:53 PM)

jesus,,i dont believe u man,,i understand i need an imigration attorney?i dont have a dime,,and i dont wanna borrow and at the end i end up in were iam now?if it is a better obtion then i can borow and hire 1,,but iam asking,,is it better to file new one or no,,if i send more documents to prove the relation,r they going to prove it or i will end up at the freaking appeal one more time?and offcourse an attoeney will say file again bcoz they want money,,,but i dont wanna lose more time,,,,
Mike,
I'm sorry I don't really know enough about re-submitting to help you - hopefully someone with some constructive advice will come along.
I'm also sorry that all you have received so far is people speaking to you in such a condescending way (and yes, I have read Mike's other posts).
You know, you really do need a lawyer. I don't know that anyone here will be able to tell you exactly what the best course of action would be at this point, it's rather complicated.
Have you checked out any means tested lawyer referrals in your area? There they might just charge you a nominal fee to help. Have you tried an infopass? If nothing else if you speak with someone at USCIS in person they might be able to tell you what you need to do next - and that is free.
good luck
mike_2007
Oct 18 2007, 06:21 PM
thnx alot,,but no i cann't speake with the uscis in person bcoz iam not in the u.s,,believe me if i was there with my wife ,,then i wont really care about the appeal and all that,,and i wont even post in here,,its just iam stuck in mexico and iam going crazy thats all,,i entered the u.s legally,,never been convected to any kind of crime,,not even a traffic violation,,and i end it up in mexico,,without even a legal status
trailmix
Oct 18 2007, 06:25 PM
QUOTE(mike_2007 @ Oct 18 2007, 05:21 PM)

thnx alot,,but no i cann't speake with the uscis in person bcoz iam not in the u.s,,believe me if i was there with my wife ,,then i wont really care about the appeal and all that,,and i wont even post in here,,its just iam stuck in mexico and iam going crazy thats all,,i entered the u.s legally,,never been convected to any kind of crime,,not even a traffic violation,,and i end it up in mexico,,without even a legal status
Oh ok, I didn't realize that, but should have.
No chance your wife can make an infopass? You could even type something up for her so she knows what to ask, since you are obviously more familiar with your file than she is?
Have you called USCIS yourself?
Nutty
Oct 18 2007, 06:53 PM
QUOTE(mike_2007 @ Oct 18 2007, 05:53 PM)

jesus,,i dont believe u man,,i understand i need an imigration attorney?i dont have a dime,,and i dont wanna borrow and at the end i end up in were iam now?if it is a better obtion then i can borow and hire 1,,but iam asking,,is it better to file new one or no,,if i send more documents to prove the relation,r they going to prove it or i will end up at the freaking appeal one more time?and offcourse an attoeney will say file again bcoz they want money,,,but i dont wanna lose more time,,,,
Dude, you need help! But the problem is if you can't understand the instructions on the easy set of forms, it is only going to get harder and harder as you go along.
It would only cost $150.00 bucks to consult an attorney.
What is the BIA?????
Misty1979
Oct 18 2007, 07:00 PM
I think Trailmix's suggestion of making an infopass appt. for your wife is a really good idea. It sure beats sitting around waiting for the decision on the appeal. Usually appointments can be made for the following week, if not the same week, so you could very well save yourself alot of time by trying that route first.
However, I think in the meantime you need to sit down and do some VERY thorough research on the visa process and get yourself familiarized with every step and procedure. Read the guides, read all the forms you need to send in, and what to send with them, read everything.
The I-130 was one of the easier forms, and it only gets more complicated from here, so if you are serious about getting your visa you are going to need to buckle down and do some research to prevent future mess-ups from occurring.
Best wishes with your journey
mike_2007
Oct 18 2007, 07:25 PM
and what would the info pass appointment help us with plz?i mean my case is at the BIA?so what this will help us for?
Haole
Oct 18 2007, 07:38 PM
How did your case get to the BIA. They don't deal with missings documents and forms normally.
mike_2007
Oct 18 2007, 07:41 PM
i dont know,the local office denied the i-130 and we got the denial latter and it says to pay 110 dollar and appeal it at the BIA
Misty1979
Oct 18 2007, 07:59 PM
http://www.usdoj.gov/eoir/biainfo.htmBIA= Board of Immigration Appeals
The info-pass appt would probably be able to give you more info as to why your petition was denied, and how best to appeal it. By the sounds of it, you are very confused as to how to move forward from here and I think the info-pass appt would be able to give you an idea of where to start.
mike_2007
Oct 18 2007, 08:20 PM
well the denial letter told us why we were denied,,bcoz of not enoug evidence,,
AandLKC
Oct 18 2007, 09:03 PM
this might help
IF YOU CAN'T AFFORD A LAWYER ....THEN WATCH THIS SITE AND STUDY ALL THE SITUATION LIKE A BIBLE ..... THIS SITE HAVE A LOT OF INFORMATION AND A LOT OF KNOWLEDGEABLE PEOPLE ....( I AM NOT ONE OF THEM) UNDER GUIDES YOU WILL HAVE STEP BY STEP INSTRUCTIONS ON HOW TO FILE ALL THE FORMS ... IF YOU DON'T UNDERSTAND PLEASE ASK ....
SINCE YOU ARE ALREADY IN THE SYSTEM WITH A STATUS OF DENIAL FILING I-130 ON THE SECOND TIME DO U ANY GOOD ?? I DON'T KNOW
AS EVERYBODY IS SAYING YOU MIGHT NEED THE HELP OF A LAWYER ....HERE ARE SOME SITE I FOUND THAT TALKS ABOUT IMMIGRATION LAW
http://immigration.findlaw.com/?DCMP=KWC-G-PUBLIChttp://www.visalaw.com/05feb3/2feb305.htmlGOOD LUCK .... MAY GOD BLESS
this might help
IF YOU CAN'T AFFORD A LAWYER ....THEN WATCH THIS SITE AND STUDY ALL THE SITUATION LIKE A BIBLE ..... THIS SITE HAVE A LOT OF INFORMATION AND A LOT OF KNOWLEDGEABLE PEOPLE ....( I AM NOT ONE OF THEM) UNDER GUIDES YOU WILL HAVE STEP BY STEP INSTRUCTIONS ON HOW TO FILE ALL THE FORMS ... IF YOU DON'T UNDERSTAND PLEASE ASK ....
SINCE YOU ARE ALREADY IN THE SYSTEM WITH A STATUS OF DENIAL FILING I-130 ON THE SECOND TIME DO U ANY GOOD ?? I DON'T KNOW
AS EVERYBODY IS SAYING YOU MIGHT NEED THE HELP OF A LAWYER ....HERE ARE SOME SITE I FOUND THAT TALKS ABOUT IMMIGRATION LAW
http://immigration.findlaw.com/?DCMP=KWC-G-PUBLIChttp://www.visalaw.com/05feb3/2feb305.htmlGOOD LUCK .... MAY GOD BLESS
trailmix
Oct 18 2007, 10:20 PM
QUOTE(mike_2007 @ Oct 18 2007, 06:41 PM)

i dont know,the local office denied the i-130 and we got the denial latter and it says to pay 110 dollar and appeal it at the BIA
The reason I suggested that your wife make an infopass is that you are lacking information. What you need right now is information.
If your wife went for an infopass and you had typed up the questions plus a list of everything you submitted she could speak with them and ask them:
- Can you just go ahead an submit a new I-130 with better documents to prove your relationship
- From the list of things you already sent - is there other evidence you should submit. Now they may not tell you exactly but you never know, the person might help.
- If they say you cannot file a new I-130 as it will be denied - as your file has already been denied, then you can ask for details of how you need to proceed.
The thing is, right now you are asking questions which no one here can really answer for you. You need to seek advice and I think the easiest and least costly is to start with USCIS.
Haole
Oct 18 2007, 11:07 PM
Seems strange that your wife doesn't seem to be involved much. She is the one that can find out what's happening like contact her senator or congressman. Do an Infopass and so on.
You can't do much being the beneficiary.
mike_2007
Oct 19 2007, 01:14 AM
well..she did asked them at the local office ,,and they said that they cann't tell her
Haole
Oct 19 2007, 01:19 AM
QUOTE(mike_2007 @ Oct 18 2007, 08:14 PM)

well..she did asked them at the local office ,,and they said that they cann't tell her
Normally unless she had an Infopass appointment there is NO way she can ask at her local office. Only can call the USCIS 800 number!
If she doesn't get involved more you ain't going anywhere!
Mononoke28
Oct 19 2007, 10:50 AM
Definitely advise your wife to make an Infopass appointment and that should be a great starting point. There they can tell her exactly what went wrong with the petition and what you need to do to move forward, if anything. Start there, and then you can make an informed decision on what is needed from the USCIS.
Diana
doodads
Oct 19 2007, 06:22 PM
If this guy isn't a troll, how on earth will they get approved if he has NO money????
mike_2007
Oct 19 2007, 07:27 PM
what does the money have to do with this?u get approved if ur marriage is real,,not all ppl who files have attorney's
RandyandRina
Oct 19 2007, 07:45 PM
QUOTE(mike_2007 @ Oct 19 2007, 08:27 PM)

what does the money have to do with this?u get approved if ur marriage is real,,not all ppl who files have attorney's
well mike if you have just listened to most of us way before, it will not be like this. Hire a lawyer, remember? So tell me again, when did you file? and also, didn't you get stopped and detained before and had a lawyer? I have been following your case, and honestly it gets better and better each time.
Mike, please dont get me wroing, we all have intentions to help here, but do us a favor as well, please don't toy with our opinions if does not relate to your case at all, if there's really a real case.
God bless you and your wife. Wish you all the luck.
mike_2007
Oct 19 2007, 09:19 PM
ok u tell me what to do?when i was detained i had a lawyer,,and the charges were dropped,,i wasn't deported or anything,,not removal or even valunteery deported,,then i got married and i did file the i-130 on my own and i missed up,,and then i hired another lawyer and he sent all the missing documents and they still denied it?what else i can do?
RandyandRina
Oct 20 2007, 12:30 PM
QUOTE(mike_2007 @ Oct 19 2007, 10:19 PM)

ok u tell me what to do?when i was detained i had a lawyer,,and the charges were dropped,,i wasn't deported or anything,,not removal or even valunteery deported,,then i got married and i did file the i-130 on my own and i missed up,,and then i hired another lawyer and he sent all the missing documents and they still denied it?what else i can do?
No one here in VJ is in the position to tell you what to do. Most of us will provide you information based from our own experiences. If you did what you said you did with the help of the lawyer, or even on your own... What else do you want us to say to you? The decision is for you to make, and the knowledge and efforts are for you to apply.
I'll give you the benefit of the doubt mike, however i still have so many questions still left hanging...
ALL of this happened in a matter of less than 6 months? Hard to believe don't you think? If lawyers couldn't help you, what made you think that we will? Doing your case and finding resolution for you to legally stay in the US on your own will be impossible. I hate to break the news to you, but you really have to either ask for legal aid or pay a fortune to get all the help you need. What's your USC wife's role on this? I am a wife too, and I did everything I could to bring him home in the US. Even harder for me to believe that she can't help you much except for sigining a piece of paper to get you here, at least that's the impression I am getting from all the posts that you have made for the last 2 months.
I really wish you luck pal.
mike_2007
Oct 20 2007, 01:52 PM
what can she do for me?i mean other than making the info pass what else she can do?the info pass wont give me a visa,,so there is nothing that she can do,,like they care ha..the immigration system is a screwed up system,,and ther the only agancy that makes the (IRS)looks good,,dont tell me the u.s citizen can help,,i dont believe she can do anytihng other than making an appointment with them or talking to lawyer,,we hired the first idiot who adviced us not to send anything with the i-130,just the i-130 form,,,and we did,,so the other talker just sent the missing documents and they denied it,,i guess bcoz it was sent on 2 times,,,and i didnt say to anybody to help me out ,,iam just asking,,is it better idea to file another i-130 with more evidence or i will end up in the same place
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