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#1 mike_2007

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Posted 05 October 2007 - 10:38 PM

how long does it take to appeal the denial of the i-130 at the local office?
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#2 blueblue

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Posted 06 October 2007 - 12:13 AM

QUOTE (mike_2007 @ Oct 5 2007, 10:38 PM) <{POST_SNAPBACK}>
how long does it take to appeal the denial of the i-130 at the local office?



Why was the I-130 denied?
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#3 mike_2007

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Posted 06 October 2007 - 01:08 AM

not enough evedince
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#4 blueblue

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Posted 06 October 2007 - 03:37 PM

QUOTE (mike_2007 @ Oct 6 2007, 01:08 AM) <{POST_SNAPBACK}>
not enough evedince


Not enough evidence of what exactly? Was this for a spouse? Is your spouse here in the U.S. with you? Are you a US citizen or LPR?

Edited by blueblue, 06 October 2007 - 03:37 PM.

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#5 mike_2007

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Posted 06 October 2007 - 04:25 PM

my wife have filed for me,,shes the u.s citizen,,and iam outside the country
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#6 mike_2007

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Posted 07 October 2007 - 05:22 AM

here is a copy of the most important things in the denial letter,,can u plz tell me what thoes codes means? on august 30,07 the service requested additional evidence regarding the visa petetion you submiitted on jan-07 on behalf mike...... to accord him status as a spouse of the united states citizen pursuant o section 203(a)(2)(cool.gif of the immigration and nationality act,as amended.in visa potetion proceeding,the burden of proof is upon the petitioner to establish eligibility for the benefits sought under the immigration laws,(matter of awadalla),101&n dec.580(1964),matter of brantigan,11 i&n dec.493(1966).the board of immigration appeals has determined that failure to prosecute is a valid ground for denial when the potetioner fails to comply with a reasonable request for evidence or to appear for interview,matter of pearson,13 i&n dec.152(1969). title 8 code of federal regulations,section 103.2(cool.gif(11)states,
(11)submission of evidence in response to a service request.all evidence submitted in response to a service request must be submitted at one time.the submittion of only some of the requested evidence will be considered a request for a decision based on the record.
you were requsted to submitt documentation which would establish that you and ur spouse have a bona fida marriage,review of the records reflects that u submitted several affidavits,t-mobile bills and numerous greeting cards and letters from and to ur spouse,and reciepts from hotels,joint credit cards bills,pictures,marriage ring reciept,pictures with family members,you have ,thereby,requested a decision based on the record.after careful review of the evidence submitted you have failed to establish that a bona fida marital relationship exists or existed between the potetioner and beneficiary,therefore,in accodance with INA section 245(a)and 8cfr section 103.2(cool.gif(11),supra,your potetion for alian relative must be and is hereby denied.
you may if u wish,appeal this decision.must submit such an appeal to this office whithin 15 days with a filing fee of $110 .if you do not file an appeal whithin the time allowed,this decesion is final.
appeal in your case may be made to the board of immigration appeals(board)in falls church,virginia ,it must reach this whithin 15 calendar days from the date this notice is served(18 days if this notice is mailed)
and thats it ,,so first i mailed more things that they didnt even mentioned?and the second thing we never send them on 2 or 3 times?they request everything on 2 times and we have prove?but what does all that mean?is it all about proving the marriage or there is something else?what the hell we send 5 pound box ?come on ,,we were''nt even husband and wife ?can u tell me wht thoes codes means
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#7 chris4gretchen

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Posted 07 October 2007 - 07:14 PM

QUOTE (mike_2007 @ Oct 7 2007, 03:22 AM) <{POST_SNAPBACK}>
here is a copy of the most important things in the denial letter,,can u plz tell me what thoes codes means? on august 30,07 the service requested additional evidence regarding the visa petetion you submiitted on jan-07 on behalf mike...... to accord him status as a spouse of the united states citizen pursuant o section 203(a)(2)(cool.gif of the immigration and nationality act,as amended.in visa potetion proceeding,the burden of proof is upon the petitioner to establish eligibility for the benefits sought under the immigration laws,(matter of awadalla),101&n dec.580(1964),matter of brantigan,11 i&n dec.493(1966).the board of immigration appeals has determined that failure to prosecute is a valid ground for denial when the potetioner fails to comply with a reasonable request for evidence or to appear for interview,matter of pearson,13 i&n dec.152(1969). title 8 code of federal regulations,section 103.2(cool.gif(11)states,
(11)submission of evidence in response to a service request.all evidence submitted in response to a service request must be submitted at one time.the submittion of only some of the requested evidence will be considered a request for a decision based on the record.
you were requsted to submitt documentation which would establish that you and ur spouse have a bona fida marriage,review of the records reflects that u submitted several affidavits,t-mobile bills and numerous greeting cards and letters from and to ur spouse,and reciepts from hotels,joint credit cards bills,pictures,marriage ring reciept,pictures with family members,you have ,thereby,requested a decision based on the record.after careful review of the evidence submitted you have failed to establish that a bona fida marital relationship exists or existed between the potetioner and beneficiary,therefore,in accodance with INA section 245(a)and 8cfr section 103.2(cool.gif(11),supra,your potetion for alian relative must be and is hereby denied.
you may if u wish,appeal this decision.must submit such an appeal to this office whithin 15 days with a filing fee of $110 .if you do not file an appeal whithin the time allowed,this decesion is final.
appeal in your case may be made to the board of immigration appeals(board)in falls church,virginia ,it must reach this whithin 15 calendar days from the date this notice is served(18 days if this notice is mailed)
and thats it ,,so first i mailed more things that they didnt even mentioned?and the second thing we never send them on 2 or 3 times?they request everything on 2 times and we have prove?but what does all that mean?is it all about proving the marriage or there is something else?what the hell we send 5 pound box ?come on ,,we were''nt even husband and wife ?can u tell me wht thoes codes means


According to what you posted, they asked you for more evidence and they say you didnt send it. SO they were forced to make a decision on what you originally sent and they denied the petition. I think you should call them if you sent more evidence. you have only 15 days to appeal this or start over. better act fast. If you did a fiance visa they seem to be talking about a husband and wife visa. If you werent even husband and wife, how are you filing an I-130? better call them now and find out. how did you send the second box? did they get it? did you track it? did you send it within the time frame they asked. for more evidence RFE you only have a certain time limit to respond.
They might have gotten your second evidence too late.

You dont give enough info and your timeline isnt filled out. not much help without more info. Are you fiance or spousal visa? You need to call them. the codes dont matter now. the codes are just the legal code laws for immigration.


Chris

Edited by chris4gretchen, 07 October 2007 - 07:17 PM.

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#8 mike_2007

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Posted 07 October 2007 - 08:51 PM

i sent everything on time ,,and they did recieved everything,,and we r married my wife is a u.s citizen,but what i meanabout we weren't married,,i mean all the evedince we sent ,,showing relation before we were married
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#9 JVKn'CVO

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Posted 07 October 2007 - 09:03 PM

Hi Mike,
Sorry to hear about your denial. I understand, you filed a I-130 and got denied for lack of evidence? as per the guides, these are examples of evidence of bonafide marriage

Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.

You might also want to do a search for "bonafide marriage" in the forum for more examples of evidence

Hope this helps.

Saludos,
Caro

Edited by JVKn'CVO, 07 October 2007 - 09:04 PM.

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#10 blueblue

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Posted 08 October 2007 - 12:26 AM

The other posters are right. It sounds like you received an RFE for something to show your bona fide and ongoing relationship. It appears they viewed it as a partial response to the request and made a decision based on the evidence they had, which they decided wasn't enough to determine you were eligible.

You have a choice now, if there is still time in the 18 days for them to RECEIVE the appeal, to appeal and add everything they need to review the decision and hopefully approve you this time. Otherwise, you can file a NEW I-130 with the supporting evidence. The denial of the first does not prejudice you from filing again. How long exactly either option will take, it is hard to know. If you can not get the appeal in their hands by the 18th day, don't waste the money because it will be denied as not timely filed. In that case, file a new I-130. Did your wife also file a I-129F for a K3?

Read this list and what AVK wrote to see if the information you sent in includes everything or not. The list from AVK may not all be relevant to you, for instance if dont' live together which I assume you don't since you are outside the country, the joint lease wouldn't be relevant. But your wife may have added you as a beneficiary to her 401K, or added you as a beneficiary if she has a life insurance, etc. Emails or a chat log (doesn't have to be full text of all your chats, but showing that you chat on regular basis of some kind), phone record, copies of trips (air tickets, boarding pass, hotel, photos) to see each other, etc. I see you sent some of this, but it seems you were saying it was stuff up until you got married, nothing since then so it didn't really show an ONGOING relationship. What country will you have the interview in?

Here is a checklist for the I-130 that may useful from an embassy website. Where it says Original, substitute COPIES for the I-130 submitted in the U.S. This list is geared toward DCF, when the I-130 is submitted at the embassy if your USC spouse lived overseas, but is still useful to make sure you have everything. It is hard to determine from your post what all evidence exactly was submitted.

All applicants must present the following documents:

I-130: This form is required in all cases. (Download form I-130 ) At the bottom of the first page of the I-130 please write an email address where we would be able to reach you.

Photograph: A 5cm x 5cm photo with a white background, taken within the last six months. The head (measured from the top of the hair to the bottom of the chin) should measure between 25 to 35mm with the head centered in the frame facing straight ahead. Please submit one photo of the petitioner and one for each beneficiary

Proof of U.S. Citizenship of the Petitioner: An original birth certificate, original U.S. passport or original naturalization certificate are the only acceptable documents.

Affidavit of Support: (Required only if applying in Tokyo) Form I-864 is a contractual affidavit of support. Most family-based visa applicants must submit an I-864 completed and signed by the petitioning relative (sponsor). Mistakes in completing the I-864 are the most common reason for refusing an immigrant visa application. Please read all instructions carefully before filling out the I-864.

Photo ID: Please submit a copy of a U.S. passport, a U.S. military ID card or other photo identification for petitioner.

Birth Certificate: Please provide an original birth certificate for the beneficiary. Note: For any birth certificate registered more than 6 months after the date of birth, please provide a written statement explaining why the birth was registered late and 2 alternate forms of original, secondary evidence of identity. Secondary evidence of identity normally means original documents dating from the time of your birth and childhood, such as prenatal records, doctor's notes and baby book, baptismal certificates issued on the date the baptism took place, school records/report cards registered or signed by the parents, or pieces of government-issued identification (SS card, driver's license, etc.).

Copy of Beneficiary's Passport: Please provide a copy of the picture ID page, U.S. visas, other foreign visas and SOFA stamp, if any. If the beneficiary is non-Japanese, please also provide all previous passports for the beneficiary.

Biographic Information Form: The petitioner and the beneficiary should both separately complete form G-325. (download form G-325.)


Submission Fee: The US$355 Submission fee can be paid at the consular cashier. Payment is accepted in yen or U.S. dollars. You may also pay by credit card (Visa, Mastercard, Discover, American Express, Diner's Club) or by money order payable to "U.S. Embassy, Tokyo".

If the petition is for a spouse or step-child, you must also include:

Marriage Certificate: Please provide an original marriage certificate from the jurisdiction where the marriage took place. If the marriage occurred in Japan, please submit a copy of the family registry.

Divorce Decree or Death Certificate: Original divorce decrees or death certificates, or certified court copies of the certificates, showing termination of all prior marriages of petitioner and/or beneficiary are acceptable.

Proof of Relationship: If you have been married less than two years, please provide a statement of how you met and evidence of your on-going relationship.

If the petition is family-based, you must also include:

Birth Certificate for Beneficiary's Children: Please provide an original birth certificate or consular report of birth for beneficiary's children.

Hope this is helpful.
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#11 mike_2007

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Posted 10 October 2007 - 01:32 PM

what is the appeal form plz? (eoir-29)or (i-290b)?
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#12 blueblue

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Posted 10 October 2007 - 02:16 PM

QUOTE (mike_2007 @ Oct 10 2007, 01:32 PM) <{POST_SNAPBACK}>
what is the appeal form plz? (eoir-29)or (i-290b)?



This part of the denial letter you posted is confusing to me: you may if u wish,appeal this decision.must submit such an appeal to this office whithin 15 days with a filing fee of $110 .if you do not file an appeal whithin the time allowed,this decesion is final.
appeal in your case may be made to the board of immigration appeals(board)in falls church,virginia


It seems strange they would ask you to appeal to the BIA an I-130 that was filed and denied at a service center for an alien spouse that is overseas? I don't have any personal experience with this side of things, but I would have expected a different scenario on the appeal.

Usually the letter will tell you if you need to use a specific form. The fact that they listed the fee as $110 seems odd too. What was the date on this letter? Since they jacked up the fees, a standard appeal I-290B is $585.

The EOIR is for an appeal of decision of an immigration judge. Was your petition before a judge in some kind of proceedings?
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#13 mike_2007

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Posted 10 October 2007 - 11:04 PM

no ,,it was denied at the local ofice and not in the court,,but some lawyer have told me it could be the eoir-29 but they missed up about the days,,they said 15 days or 18 to the BIA,,but he said it is 30 days not 15 or 18,,,but they missed up also of not mention the form number ,,,but he thinks its the eoir-29 and the unsure.gif y local ofice will send it to the BIA
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#14 blueblue

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Posted 11 October 2007 - 03:47 PM

I was reading about denied I-130 here http://www.smossmanlaw.com/family.html

"If USCIS denies the petition, then the petitioner has the right to appeal that decision to the Board of Immigration Appeals (for I-130's) or the Administrative Appeals Office (for I-129F's). An appeal may be appropriate if the USCIS officer made a legal error, ignored important evidence, relied upon the wrong standard of proof, or simply reached the wrong conclusion. "

He gives a bit of info on the basis on which the denial can be appealed and also confirms that I-130s are sent to BIA for appeal. The original denial I imagine then was at the Service Center (CSC?) not a local USCIS office.

I think you have 2 choices.

1) Appeal the denial for the $110 to the BIA. Have no idea how long this might take, perhaps someone else might.

2) File a new I-130 with all the evidence to support the petition and rebut any reason given in the first denial. Specifically and fully address the first denial in that second petition.

The attorney in the above link does consulations for $100. I have no experience with this attorney other than his website implies he has experience in this area.
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