i 130 denied due to to lack of evidence

[ll_ky 0]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

[maadams2004 0]

I've never had to file an appeal, but it would be a good idea to send everything you have this time. It sounds like your I-130 packet was not well-prepared. You may want to call the USCIS hotline, or visit their website, for specifics on filing an appeal. Personally I would send everything with the appeal form.

Before doing this, however, you may want to review the I-130 submission guide located on this site. It will tell you everything you need to know about filing your I-130, how to prepare it, associated documents, et cetera. In situations dealing with prior marriages you do indeed need to demonstrate that the marriage was dissolved. If your wife's divorce certificate is signed by an appropriate authoritative body I would think that would be sufficient. But there's no such thing as providing too much information with your I-130.

[meauxna 15]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

Hi there,

I don't think you have a case to appeal; you didn't supply the required information, the decision made was correct. They can't consider NEW information.

Now, I know that sucks to read.

Please read this thread; another person just talked through virtually the identical problem.

Isn't the I-130 fee less than the appeal fee anyway?

$585!! 2 prev marriages= 2 div decree's!!

Post #25 in particular.

It will probably be faster and less expensive to correctly file an I-130.

[Old Dominion 26]

This is my first time posting here but I have spend alot of time reading. Here is my question. I recieved a notice of Decision regaring my i 130 form. It was denied because of lack of evidence regarding the desolvment of a previous marriage.

Im filing on behalf of my Canadian wife. Im an American. The marriage was disolved before she came to the states and we got married,. We started that on the form but didnt realise that we needed to submit a copy of her divorce certificate.

So now our i 130 has been denied and we are going to file and appeal (form EOIR-29)

My question is when we send in the appeal should we include a copy of the i 130 form again. Also should we include all the evidence we have that wasnt submited the first time? We also were confused and didnt include our pictures in the first package.

We are sending the appeal form and a witten brief/ statment.

I just need to know if at this point its too late to send i further evidence.

Thanks in Advance

Hi there,

I don't think you have a case to appeal; you didn't supply the required information, the decision made was correct. They can't consider NEW information.

Now, I know that sucks to read.

Please read this thread; another person just talked through virtually the identical problem.

Isn't the I-130 fee less than the appeal fee anyway?

$585!! 2 prev marriages= 2 div decree's!!

Post #25 in particular.

It will probably be faster and less expensive to correctly file an I-130.

Exactly right! You failed to provide a complete I-130, so you have no grounds to appeal.