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Anyone file k1 after i130 or i730 denied (merged)

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Hi I just read over your experience and would share mine and ask you what you guys think, if the K1 visa might be approved or dinied.

*did a traditionnal marriage with my wife back in 2003

*my wife and I have a daughter, born 2009 just after I left Cameroon for the US

*I petition for ny wife and daughter in 2010, I730(petition for asylee relative, similar to I130)got approved of my daughter case, but denied for ny wife, because I did not have a valid or official marriage certificate(since I am only married according to our tradition)

* got my citizenship thru the Navy,im 2013, Petition for I129F and ask for case expedition, Got approved, and the case is being forwarded to Us embassy Yaounde for interview,

*I dont have pictures with my wife, because I have never like pictures(which I regret now), the only proof I have are money orders I send to take care of them, and the phone bills.

*Forgot to mention that I got my I129F approved even though I did not meet my fiancee during the past 2 years because I couldn't as a former asylee.

With all this being said, do you think the embassy in Yaounde will question my reletionship with my fiancee ? they already ask me in the pass to do the DNA of my daughter which I did and they approved my daughter case,.since I did not want to separate my daughter from her mother, I didn't take her visa.Last time I understand they refuse to issue the visa for my wife because I did not have a valid marriage certificate, I hope this time they will be looking for a genune relationship which I think is easily proved with our biological daughter.would you think the lack of picture in this case could cause a denied of visa to my "wife" fiancee?

Would greatly appreciate to read from you guys. Please let me know what you guys think on this case.

thank you

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*** Thread moved from K-1 Process forum to the Sub-Saharan Africa regional subforum -- questions about embassy are country-specific. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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That is a tough one. When was the last time you have visited her ?
How about skype cam shots with date logs ?
Ask relatives if they have ANY photos of you both and with the child. Surely someone took a photo at some time in the past 4 years with you and her and the baby?
Even though you were approved by USCIS despite not having seen her within the past 2 years of filing due to your circumstances, I hope the CO will see it the same way.
Think of every shred of evidence you can think of, a lease perhaps, shared accounts aside from emails, chats, phone records, receipts etc....

Even if you can only hussle up 5 photos or so from a friend or family of you all together it would help.

Letters of affidavits from friends and family attesting to your bona fide relationship also help.

Best wishes for a smooth approval !


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Hi I just read over your experience and would share mine and ask you what you guys think, if the K1 visa might be approved or dinied.

*did a traditionnal marriage with my wife back in 2003

*my wife and I have a daughter, born 2009 just after I left Cameroon for the US

*I petition for ny wife and daughter in 2010, I730(petition for asylee relative, similar to I130)got approved of my daughter case, but denied for ny wife, because I did not have a valid or official marriage certificate(since I am only married according to our tradition)

* got my citizenship thru the Navy,im 2013, Petition for I129F and ask for case expedition, Got approved, and the case is being forwarded to Us embassy Yaounde for interview,

*I dont have pictures with my wife, because I have never like pictures(which I regret now), the only proof I have are money orders I send to take care of them, and the phone bills.

*Forgot to mention that I got my I129F approved even though I did not meet my fiancee during the past 2 years because I couldn't as a former asylee.

With all this being said, do you think the embassy in Yaounde will question my reletionship with my fiancee ? they already ask me in the pass to do the DNA of my daughter which I did and they approved my daughter case,.since I did not want to separate my daughter from her mother, I didn't take her visa.Last time I understand they refuse to issue the visa for my wife because I did not have a valid marriage certificate, I hope this time they will be looking for a genune relationship which I think is easily proved with our biological daughter.would you think the lack of picture in this case could cause a denied of visa to my "wife" fiancee?

Would greatly appreciate to read from you guys. Please let me know what you guys think on this case.

thank you

You are a USC now so go home and marry her legally and then all your trouble will be gone

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My I730 were denied in 2010, the reason the consular give to my wife was that I do not have a valid marrige certificate( I only did a customary marriage back then and had no valid document, a part from some affidavids from family members and parents).

Well I have enconter many cases on this site were the K1 visa was denied because of members was married traditionaly,and the consular advised them to apply for Cr1.

My fear now is that they might refuse to issue the K1 visa on the base that I had a traditional marriage.

Your thought would be very helpul.

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I see you have already filed the I129F, I am not sure of your culture, but is a traditional marriage in Cameroon considered a legal marriage in that country?

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Another cautionary tale - DON'T HAVE ANY MARRIAGE CEREMONY BEFORE ENTERING THE US ON THE K-1.

See what can happen when you decide on your own that a non-legal marriage ceremony before going to the US is okay for the K-1. It's not what you think that matters. It is what the US Embassy/Consulate thinks.

I read thru all this post and would like to share my case to have your thought.

My " wife" and I have a baby born in 2009 when I left cameroon for the US.

In 2010 i got approve asylum and apply for I 730( asylee family ) which is like I130.

After a DNA on my daughter, they apprive my daughter case but refuse to issue the visa to my "wife". Because I did not have a valid marriage certificate.

My wife receive form 221g stating that the petition is been returned to the us with a recomandation to be revoke.

.the true is that I did a traditional marriage back then, and it was not registered.

I become a us citizen in 2013 and apply for k1 visa.

My wife will go for interview next month.

Do you think her K1 visa can be dened on the base that she previously state she was married?

Last time they refuse on the base that she was not married.

Share yoyr thought please.

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I see you have already filed the I129F, I am not sure of your culture, but is a traditional marriage in Cameroon considered a legal marriage in that country?

good luck

I really do not know. But last time when they refuse to issue the visa they say because I do not have a marriage certificate.

Yes i have applied for K1 visa and she is waiting for the interview.

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**** several topics merged and others without answers or in other member's topics removed. PLease do not start more than one thread on the same/ similar issues. If the answers you get are unclear or you have extra info, post them as a reply in the original topic ****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Embassys in Africa can be confusing when it comes to traditional marraiges. Many say you are too married to file a K1 and not married enough for an I130.. To file the I129F means you are a USC even though it may not be safe for you to return to your home country. Can you travel to an adjacent one to do a marraige ceramony. I don't think they will approve an I129f because you already have the I130 on record. If your wife is a very very strong person and it gets to the interview she should strongly present your previous demail as the reason why they must approve her as unmarried. It may work but she must be a woman of incrediable strength at the interview and insist that either she was unjustly denied before or that she must be given a visa.


This will not be over quickly. You will not enjoy this.

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I agree with NigeriaorBust and also think meeting in a third country (if you can't return home) and getting married would be the best option if they don't approve her.
Just make sure you would meet the requirements of marriage in that country in regards to one of you needing residence permits or not.

Too married for a K1 and not married enough for a CR1 is what we see here sometimes.

I don't think you could get a single certificate ( Bachelor certificate) issued from your country where you traditionally married otherwise that may be a

way to proceed. I don't know how much weight the traditional marriage holds in your country, how married any registry would consider you to be and if they

would issue a single certificate. Even then the CO may not go along with that.

I know of a couple at another embassy who weren't "married enough" according to custom and had to re marry and then were approved.

A very good immigration attorney that comes recommended and has experience with consular issues like this may be of help with more advice.

Careful choosing one, many give the wrong advice.

I wish you well....let us know what happens.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I see you have already filed the I129F, I am not sure of your culture, but is a traditional marriage in Cameroon considered a legal marriage in that country?

good luck

If the traditionnal marriage was considered legal, they would have approved the I130, on the basis that I am married. They refuse the visa on the basis that I am not married.asking me to show them a valid marriage certificate which I do not have.

I would be very very surprised if they come with K1 denial on the basis that I am married now, it would just mean that they need to fixe the law on what is a legal marriage.

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Hi TKBravo, I am also in the same situation as you are in. There are not many of us who have these cases as most people are not asylees. I filed for my husband (we r traditionally married too and have no marriage certificate) in 2012 and the petition was approved by USCIS in 45 days. Smoothly sent to NVC then over to the embassy where everything was turned upside down. His file was sent back to Nebraska and to date we have not been told why it was returned but we suspect that it's because of our lack of a marriage certificate. So i wanted to ask if your wife's petition was also approved like ours? And did the embassy tell u the reason why they sent ur petition back or did u also have to wait to hear from the USCIS?

Secondly, I have a lawyer , the same one who handled my asylum case. He has advised that I go and get married in a neighboring country, I have just arrived today, but was unable to get married because when I arrived I discovered that I needed a visa to get into the neighboring country. I wish you can meet ur wife in Botswana and sign papers as that will be easier to do. And also file cr1. But u wl need a very good lawyer. Please help me and also answer my questions.

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Hi TKBravo, I am also in the same situation as you are in. There are not many of us who have these cases as most people are not asylees. I filed for my husband (we r traditionally married too and have no marriage certificate) in 2012 and the petition was approved by USCIS in 45 days. Smoothly sent to NVC then over to the embassy where everything was turned upside down. His file was sent back to Nebraska and to date we have not been told why it was returned but we suspect that it's because of our lack of a marriage certificate. So i wanted to ask if your wife's petition was also approved like ours? And did the embassy tell u the reason why they sent ur petition back or did u also have to wait to hear from the USCIS?

Secondly, I have a lawyer , the same one who handled my asylum case. He has advised that I go and get married in a neighboring country, I have just arrived today, but was unable to get married because when I arrived I discovered that I needed a visa to get into the neighboring country. I wish you can meet ur wife in Botswana and sign papers as that will be easier to do. And also file cr1. But u wl need a very good lawyer. Please help me and also answer my questions.

It is always risky to marry in a third country. Knowing you needed a visa was not hard to research ahead of time but there are often

many other factors involved like having to stay in that country for a certain time as requirement, one of you having to have a residence

permit, documents that you never knew you need for a marriage application as they never told you before you need them and on and on.

It was total mess trying to marry in a 3. country for us and they kept changing the rules in midstream so we weren't able to marry either.

You are dealing with officials who just request whatever you don't have no matter what you bring and no matter how much you research the matter or talk to the officials personally as we did.

Be very careful in searching out exactly what you need before you go through the

expense of marrying in a third country if you can't marry in your own and follow up with phone calls to double check ALL requirements.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Thank you for reply Ebunoluwa. What u have said is all very true and I have learnt it the hard way after losing thousands of dollars in airfare and accommodation. I have a question for u. U say u managed to get married in a foreign country, I take it that you are also an Asylee who is unable to return to your home country. So now after the obtainment of the marriage certificate did u begin a i130, or did u file an i730. I ask this because for i730 they say one needs to have been married before being granted asylum. As I have already mentioned our i730 case was returned from the embassy, so now my question is if we go through with the marriage will we be able to present that as new evidence for the i730, or will that not work such that we have to begin a new i130?

My other question is abt filing under extreme hardships because seeing ur spouse in a foreign country is too expense and near impossible. So can that also be presented during the rebuttal?

I always call the 1800 number and am always told that they are not at liberty to discuss asylum cases over the telephone. So today I went to the asylum office while I was in Chicago and I was told that I must direct all my questions to Nebraska. :-( I do hope that one day this will end for all of us. It's a terrible thing. To TKBravo I hope this is helping you too.

Thank u all!

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