I-130 Intention to Deny Petition

[The Mean Lady 604]

Me thinks that this NBC and field office thing was really a hidden nightmare in disguise!

Agreed <NBC holding the hammer

[thewarface 0]

hey - can post that letter here, let us review it ? Thanks in advance !

Here ya go. Sorry it took so long. I forgot.

0085_0011.pdf

Edited December 9, 2012 by thewarface

[Darnell 8,478]

Holy Moly.

I read the thing. That's a large-ish Notice of Intent to Deny, succinct and to the point.

IMO, submit all of the stuff they are asking for, not just the birth certificate.

You can redo your utility bills now, nowish, to show both names.

Here's my take on I-130 evidence, from ages past...

http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

and note that I prepped all that in a month.

You've a little less than 30 days, so I think you can come close, aye?

I know, it's a PITA, but apparently Mr. Holston is a hard-####.

[N-o-l-a 7,167]

Here ya go. Sorry it took so long. I forgot.

Can I ask for a list of what you submitted for the bonafide marriage proof originally?

[Roosha 51]

Can I ask for a list of what you submitted for the bonafide marriage proof originally?

Yes please! I'd like to know that information too, if it's not too much trouble. Also if there are any red flags in your case? (big age difference, difference of religion/culture, haven't seen each other for a while, stuff like that)

[thewarface 0]

Can I ask for a list of what you submitted for the bonafide marriage proof originally?

Yes please! I'd like to know that information too, if it's not too much trouble. Also if there are any red flags in your case? (big age difference, difference of religion/culture, haven't seen each other for a while, stuff like that)

To answer your questions....

Originally, I submitted the following for bonafide marriage proof.

- Pictures of our wedding

- Pictures of the week we first met

- Pictures of our honeymoon

- Letters we had written to each other. (One from me every single day.)

- Pictures with my family after the wedding

That was pretty much it. That's all we really had at that point. I figured the letters and the pictures were everything that showed how we had spent time together, before getting married, and before putting in the immigration papers. But.....I guess not.

I am putting the following in the packet to send back on appeal.

- Beneficiary paperwork listing her for my two 401K's and both my life insurance policies.

- Joint Bank account proof

- Affidavits from 5 individuals testifying they are fully aware of relationship and how legit and loving it is.

- More pictures from the first week we met, more pictures of our honeymoon, pictures of the two months in Canada I spent with her while on assignment from work

- Itineraries for our trip to LA the first time we met, her trip to Las Vegas the week we got married, my trip to Canada for work, and her upcoming trip back to Las Vegas for New Years.

- Her birth certificate

- Facebook Chats (Questions here: What do you do with the part of the chat that may be private? Do you edit it out? Leave it in? Black it out? Need your input on this one.)

I will be assembling this proof and I will be hand delivering it via an InfoPass appointment with the local office, in which, I will be asking them why this information is required at this level (On the advice of an immigration lawyer who thinks I am justified in asking this question.)

So...of course, I will continue to update everyone of how this goes. If it works, maybe this case will help others in the future.

[N-o-l-a 7,167]

To answer your questions....

Originally, I submitted the following for bonafide marriage proof.

- Pictures of our wedding

- Pictures of the week we first met

- Pictures of our honeymoon

- Letters we had written to each other. (One from me every single day.)

- Pictures with my family after the wedding

That was pretty much it. That's all we really had at that point. I figured the letters and the pictures were everything that showed how we had spent time together, before getting married, and before putting in the immigration papers. But.....I guess not.

I am putting the following in the packet to send back on appeal.

- Beneficiary paperwork listing her for my two 401K's and both my life insurance policies.

- Joint Bank account proof

- Affidavits from 5 individuals testifying they are fully aware of relationship and how legit and loving it is.

- More pictures from the first week we met, more pictures of our honeymoon, pictures of the two months in Canada I spent with her while on assignment from work

- Itineraries for our trip to LA the first time we met, her trip to Las Vegas the week we got married, my trip to Canada for work, and her upcoming trip back to Las Vegas for New Years.

- Her birth certificate

- Facebook Chats (Questions here: What do you do with the part of the chat that may be private? Do you edit it out? Leave it in? Black it out? Need your input on this one.)

I will be assembling this proof and I will be hand delivering it via an InfoPass appointment with the local office, in which, I will be asking them why this information is required at this level (On the advice of an immigration lawyer who thinks I am justified in asking this question.)

So...of course, I will continue to update everyone of how this goes. If it works, maybe this case will help others in the future.

Thanks for letting us know.

It is better to have the boarding passes than the trip itineraries.

You can just include part of the chats.

Your immigration attorney is WRONG. Proof of bonafide marriage is a requirement to have your I-130 approved. Pictures are not enough proof.

Edited December 10, 2012 by Nola123

[Roosha 51]

Thanks for listing all that!

In addition to boarding passes if you still have them, you could also submit any stamps on passports showing entry/exit. Or the eticket confirmations that clearly show your names on them. Regarding the FB chats, just black out the text but leave the name so that it shows that something was said. What was said is none of their business!

[thewarface 0]

Unfortunately, I usually travel a lot and I haven't kept one boarding pass in YEARS! I don't really have a choice there. There's no way to get the boarding passes again, so I'm SOL on that one.

What's weird about this is the birth certificate. I know I will have to present it eventually, but it's not all that easy to get a long form from Canada. I think I can get one in a week or so, but I hate this rushing stuff. I can't understand what they mean about birth certificates on the USCIS website. I've read through the instructions, and they state the following:

Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together

Correct me if I'm wrong, but that statement refers to the birth certificate of the "child" in question, if there is one.

[Roosha 51]

Yes it does. The problem is that people are getting RFEs and even NOIDs b/c they haven't submitted the beneficiary's bc, which is bull b/c the directions on the I-130 form as well as the directions on the USCIS website do NOT state that the BC for the beneficiary is needed at this stage, it USED to be required, but not anymore. So that's why those of us who are filing now are sending it anyway just in case, in order to try to avoid any stupidity on the part of the field offices.

[Darnell 8,478]

http://www.visajourney.com/forums/topic/403274-i-130-intention-to-deny-petition/page__view__findpost__p__5861807

[thewarface 0]

http://www.visajourney.com/forums/topic/403274-i-130-intention-to-deny-petition/page__view__findpost__p__5861807

Normally I would agree with Brother Hesekiel, but I don't think his statement is entirely true. It states in the I-130 instructions to prove a "bonafide" marriage. I'm sure the definitions are different, but essentially, to me, it sounds like they want to know that the marriage is legit, in every way. Not only is it legal, but it was entered in good faith and will continue in good faith. All of the things they asked for, with the exception of the birth certificate, are all items included in the I-130 instructions.

Did I provide them all? No. But I provided as much as I thought it would take to prove a bonafide marriage. So, Brother Hesekiel's statement isn't entirely true when you look at what they're looking for on an I-130.

[The Mean Lady 604]

Normally I would agree with Brother Hesekiel, but I don't think his statement is entirely true. It states in the I-130 instructions to prove a "bonafide" marriage. I'm sure the definitions are different, but essentially, to me, it sounds like they want to know that the marriage is legit, in every way. Not only is it legal, but it was entered in good faith and will continue in good faith. All of the things they asked for, with the exception of the birth certificate, are all items included in the I-130 instructions.

Did I provide them all? No. But I provided as much as I thought it would take to prove a bonafide marriage. So, Brother Hesekiel's statement isn't entirely true when you look at what they're looking for on an I-130.

When they look at a normal I-130 with someone who has never overstayed or attempted to immigrate, a legal marriage is all that they look for. However, when they bring up the beneficiary and it shows that they have either overstayed in the past or have been in removal proceedings, etc, then they start to dig a little deeper into the reasoning behind the marriage.

All of your items sent with the I-130 are transferred to NVC and then to your consulate and it is your consulate that reviews your evidence in depth and decides if your marriage is legit or not.

However, with all of these transfers to field offices now (which used to be only for people that overstayed or were in removal proceedings) evidence is getting more scrutinized (since that's what their original job was).

[Darnell 8,478]

na, i was trying to point out the discrepancy between CSC/VSC and local office, rules used for adjudication.

Not 'Brother Hesekiel', at all.

[thewarface 0]

Question...while I'm getting my packet together here.

I have over 1000 pages of Facebook chats that her and I have exchanged over the past 6 months. How do I give that to them? Do I print them all out? Do I put it on a CD?