Confused !!! PLZ HELP

[Adil & Jeanne 296]

Hello ladies and gentil men !!

After 1 yr of waiting we got decision of the board of immigration Appeals , The Appeal is dismissed but the good things they approve us that our marriage is legal and not fraud and they said we can apply new application .

Guys wanna a good answer about this please ; if i apply new application and still have old one , will be a problem ? or need to send a letter of withdraw case to USCIS ?

finaly here is the important part of letter .

Thanks ALL VJ

[kari81 18]

I think the Judge decision is automatic approval of your first AOS so no need to re-apply. With your case, I suggest you involve an attorney. Did you apply for another I-130 when the case was moved to court?

[together4evr 360]

Strange. If marriage is legit they should have approved it. So what parts were they questioning you and now making you start over

[Adil & Jeanne 296]

He did not know the date of my dad's death for 1 thing 21 years ago. and i don't talk about it. and my favorite holiday we called thanksgiving "BIG CHICKEN DAY" as he say family photo and said "That is a big chicken." it was a joke with us.

Strange. If marriage is legit they should have approved it. So what parts were they questioning you and now making you start over

[Adil & Jeanne 296]

my timeline is up to date

[Adil & Jeanne 296]

We had a lawyer

all he did was ask me to get the proof for my RFE and he copied and mailed it in. For $3000 i did all the work. He only copied things. MY RFE was approved and accepted.

no lawyers please, biggest rip off going

[Ismael&Blair 66]

Why do you have to start all over? Did you talk to someone in customer service (TiER TWO) to clarify the letter you received?

We had a lawyer

all he did was ask me to get the proof for my RFE and he copied and mailed it in. For $3000 i did all the work. He only copied things. MY RFE was approved and accepted.

no lawyers please, biggest rip off going

[destiny64 222]

I could be wrong but after seeing this letter, seems your petition will be reaffirmed and sent back to NVC, and on to the consulate for another interview. I would get your senators office involved to push your petition back through the service center . You may have to send another affidavit of support to show you still meet the support criteria.

Wouldn't seem fair at this point to have to start over again with another petition, seeing they approved it to begin with. One thing I don't understand it you said they dismissed your appeal, does it mean they approved your appeal ?

[together4evr 360]

Jeane, I remember your case well. I am afraid to give you advice because since I do not know exactly what the appeal letter said then it might be wrong advice. Was he married before. Did he enter the marriage under fraud but now it is a true marriage. Was he marriage to someone else when you met? You do not have to answer but according to the codes you showed it makes it confusing for me.

I see what the attachment says

"We emphasize that we do not find the the petitoners marriage was a fradulant marriage. Compare 8 C.F.R. - 204.2(a)(1)(iii)(B), (D)with 8 C.F.R 204.2 (a)(1)(ii). The petitioner may file a new visa petition on behalf of the beneficiary with evidence that the beneficiary qualifies for the immigration status being sought. 8 C.F.R- 204.1(f)

The 204.2(a)(1)(iii) states

§ Sec. 204.2 Petitions for relatives, widows and widowers, and abused spouses and children. (Amended 3/26/96; 61 FR 13061 )

(a) Petition for a spouse.

(1) Eligibility. A United States citizen or alien admitted for lawful permanent residence may file a petition on behalf of a spouse.

(iii) Marriage during proceedings - general prohibition against approval of visa petition . A visa petition filed on behalf of an alien by a United States citizen or a lawful permanent resident spouse shall not be approved if the marriage creating the relationship occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings, or judicial proceedings relating thereto. Determination of commencement and termination of proceedings and exemptions shall be in accordance with § 245.1©(9) of this chapter, except that the burden in visa petition proceedings to establish eligibility for the exemption in § 245.1©(9)(iii) of this chapter shall rest with the petitioner. (Introductory text revised 4/1/97; 62 FR 10312 )

The (D) above states this-(D) Denials . The denial of a petition because the marriage took place during the prohibited period shall be without prejudice to the filing of a new petition after the beneficiary has resided outside the United States for the required period of two years following the marriage. The denial shall also be without prejudice to the consideration of a new petition or a motion to reopen the visa petition proceedings if deportation or exclusion proceedings are terminated after the denial other than by the beneficiary's dep arture from the United States. Furthermore, the denial shall be without prejudice to the consideration of a new petition or motion to reopen the visa petition proceedings, if the petitioner establishes eligibility for the bona fide marriage exemption contained in this part: Provided, that no motion to reopen visa petition proceedings may be accepted if the approval of the motion would result in the beneficiary being accorded a priority date within the meaning of section 203© of the Act earlier than November 29, 1990. (Redesignated effective 4/1/97; previously (G), 62 FR 10312 )

The second code (ii) means

(ii) Fraudulent marriage prohibition. Section 204© of the Act prohibits the approval of a visa petition filed on behalf of an alien who has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws. The director will deny a petition for immigrant visa classification filed on behalf of any alien for whom there is substantial and probative evidence of such an attempt or conspiracy, regardless of whether that alien received a benefit through the attempt or conspiracy. Although it is not necessary that the alien have been convicted of, or even prosecuted for, the attempt or conspiracy, the evidence of the attempt or conspiracy must be contained in the alien's file.

If this is all there is to your case and they did not find evidece of any other marriage or fraud related activity then I can say just file a new I-130. But I feel there are some important parts you left out. So I am not sure what to advice you.

This appeal was denied if they told you to file a new petiton. So I do not think you need to worry about cancelling it.

Good luck in starting the process. Front load alot!!

[Adil & Jeanne 296]

Ok, i wrote to ask for help from all my congressmen 3 years ago when i applied, hired a lawyer, did a 25 pound RFE

[Dumb/Dumber 61]

Ok, i wrote to ask for help from all my congressmen 3 years ago when i applied, hired a lawyer, did a 25 pound RFE

The part of the letter you are showing is that the case is dismissed. You appealed a denial. They dismissed your appeal on the denial of this petition, but they emphasized that they found no proof of fraud. They are telling you that you are free to file again. So I believe you have to start over proving your marriage is continuing and he will have a new interview. It is starting from square one, but this is good because you have a chance to show all new evidence and he has a chance to a entire new interview. We have to think positive and not think about the negatives. Don't give up now. You have come too far.

[Dumb/Dumber 61]

The part of the letter you are showing is that the case is dismissed. You appealed a denial. They dismissed your appeal on the denial of this petition, but they emphasized that they found no proof of fraud. They are telling you that you are free to file again. So I believe you have to start over proving your marriage is continuing and he will have a new interview. It is starting from square one, but this is good because you have a chance to show all new evidence and he has a chance to a entire new interview. We have to think positive and not think about the negatives. Don't give up now. You have come too far.

Google dismissed appeal on visa petition. This tells about why an appeal motion will be dismissed.

Edited March 6, 2013 by Dumb/Dumber

[Dumb/Dumber 61]

Google dismissed appeal on visa petition. This tells about why an appeal motion will be dismissed.

Are you ok? Did you find out anything? I hope you are ok.