eoir 29 submitted without desire oral argument.

[kargul38 1]

130 Denied, failed to proof of clear and convincing evidence standard. anyone is in the same situation? Please share.

[Penguin_ie 5,984]

What did you send?

Did you get an RFE first before the denial?

 

****** Moving from CR-1 Progress Reports to Waivers forum as more appropriate *****

[hellraiser 42]

There could be a millions of reasons.  What will help others to share their views if you can let us know what documents were submitted and what was the denied reason.

 

[kargul38 1]

On 2/11/2017 at 6:22 AM, Penguin_ie said:

What did you send?

Did you get an RFE first before the denial?

I sent proof of relationship like pictures, bills, bank statement, joint tax etc. we never sign a Lease. 

 

[KierenHby 897]

Those shouldn't be reasons for a denial. Need more info.

[johnyjohn 0]

After second denial to I-130/I-485 we appealed to the I-130 denial decision because the reason was that the field officer didn't believe our marriage was real based on no evidence. We sent our the appeal back in April 2016 and still no response whatsoever! The files went to Justice Department but every time we call them they say it's pending. (not even processing).

 

You have 30 days to respond. Good luck!

[kargul38 1]

2 hours ago, johnyjohn said:

After second denial to I-130/I-485 we appealed to the I-130 denial decision because the reason was that the field officer didn't believe our marriage was real based on no evidence. We sent our the appeal back in April 2016 and still no response whatsoever! The files went to Justice Department but every time we call them they say it's pending. (not even processing).

 

You have 30 days to respond. Good luck!

what number you call to get the status? did you received any notification after filed the appeal?

[johnyjohn 0]

23 minutes ago, kargul38 said:

what number you call to get the status? did you received any notification after filed the appeal?

Yes, we did. The first receipt came from USCIS within couple weeks. It's the regular I-797C receipt notice. 6 months later, we got a filling notice from DoJ and since then we are still waiting. 

 

If you haven't received a notice from Justice Department than your case is still with USCIS. You can call their customer service to ask them about the status. They will probably tell you that it's processing. If you did get a notice from DoJ then check this contact page. https://www.justice.gov/eoir/contact-office. You can call automated service and enter the beneficiary's A-number to check the status. If it stills says it's not in the system, it means they have the case but it hasn't started to process yet. In that case you can call Clerk's office (you can find the number on that page) and talk with the rep. to get a status of your appeal.

[kargul38 1]

Hi John,

 

Thanks for your advice, Its really valuable. I will make a call tomorrow. By the way. What is the address you sent mail to file EOIR-29. I sent in the following address.

 

Queens Field Office 
26 Federal Plaza 
New York, NY 10278 

 

Do you think its wrong? Actually this is the address given in the decision notices. 

Your information will be very helpful. If it really takes more time then i will should re-file bcoz my case i applied for recent spouse, I gained green card from prior spouse. but the rules is five years has to pass or clear and convening evidence has to show. I did know the clear and convening evidence is night mare for marriage relationship, nothing they believe even i disclose personal love letter.

 

Thanks.

 

 

[johnyjohn 0]

1 minute ago, kargul38 said:

Hi John,

 

Thanks for your advice, Its really valuable. I will make a call tomorrow. By the way. What is the address you sent mail to file EOIR-29. I sent in the following address.

 

Queens Field Office 
26 Federal Plaza 
New York, NY 10278 

 

Do you think its wrong? Actually this is the address given in the decision notices. 

Your information will be very helpful. If it really takes more time then i will should re-file bcoz my case i applied for recent spouse, I gained green card from prior spouse. but the rules is five years has to pass or clear and convening evidence has to show. I did know the clear and convening evidence is night mare for marriage relationship, nothing they believe even i disclose personal love letter.

 

Thanks.

 

 

 

 

 

 

 

 

No problem but please don't forget what I say does not constitute any legal advice or establish an attorney-client relationship.

 

If that is the address in the denial letter then it should be correct. I think you're good. You don't send your appeal directly to BIA. 

 

Appeal will take longer but you should discuss that with an experienced lawyer since it sounds like a complicated case. I would strongly suggest getting an opinion from at least 3 different lawyers before hiring one. 

 

I definitely understand you. I have been in USA for over 11 years and been married for the last 4.5 years. We provided literally every single thing they have asked. They don't care about you, your personal life, whether you lose your job, or need to take care of your family. Unfortunately, my wife cannot conceive naturally due to medical problems. Even though this information has been provided with a doctor note, the officer asked us 3 times when we are planning to have a kid in our last interview.