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Becca&Nikola

Request for Bona Fide Marriage Exemption Letter for 204(g)

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Hello to all VJ members,

Me and my wife have a question about our case and I really hope there's someone out here who can help us!

Anyways, we have filled I-130 about six months ago and finally we got our interview date set up! Actual interview was 4 days ago and both, me and my wife were asked bunch of questions for about 1 hour and 30 minutes! We weren't separated tho! So, after interview IO wished us both best of luck and escorted us to the exit door! He said that he is going to have his supervisor review our case and we will get an answer soon by mail.

Two days later we got mail from USCIS saying this :

Please submit the Request for Bona Fide Marriage Exemption Letter for 204(g) cases pursuant to 8CFR 204.2(a)(1)(iii)(A) and 8CFR 204.2(a)(1)(iii)(B)..

From what we could have google it, this letter is usually required for beneficiaries who are/were in a removal proceedings. I was in a removal when we got married so I understand need of this letter! But our question is what do you guys think, are we gonna be approved or denied ?! Btw if they wanted to deny our case would they do it anyway without asking for this letter or they still need this letter even though they wanna deny ?

P.S. Our marriage is BONA FIDE and based on true love which we (I hope so) proved on our interview with documentation we provided:

-ID's with the same address

-Old car insurance with both names on it and new car insurance policy with our names

-Original apartment lease with both names + every lease renewal

-Joint bank checking and saving account with copies of debit cards and bank statements for the past 4 months

-Life Insurance policy

-Over 100 pictures from wedding, parties, holidays, with both family members, pictures from every day etc. etc.

-Affidavit of our Bona Fide marriage from priest, our hairstylist, friends, neighbors

-Furniture bills that we bought together

-Magazine subscription with our names and address

-Medical bills sent to our address for my wife

And there was probably something more but I can not remember (I'm totally stressed lol) so I hope you guys will understand ! :)

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Filed: Citizen (apr) Country: Mexico
Timeline

Since you are talking about having been in removal proceedings when you filed and that you filed an I-130, I am going to assume you did not enter the US with a family based visa and move your post to the more appropriate forum.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Since you are talking about having been in removal proceedings when you filed and that you filed an I-130, I am going to assume you did not enter the US with a family based visa and move your post to the more appropriate forum.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

I apologize, obviously I didn't pat attention! I guess I'm just overwhelmed and stressed about our case ! Once again Im sorry!

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If you entered into a marriage to a US citizen when you were already in removal proceedings then you are required to show a higher standard of proof than a normal couple when applying for adjustment of status.

Instead of needing to show that it's more likely than not that your marriage is bona fide, you must show "by clear and convincing evidence" that your relationship is genuine and was not entered into for the purpose of evading US immigration law.

If you don't have an attorney, now would probably be a good time to at least consult with one prior to responding to the RFE.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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If you entered into a marriage to a US citizen when you were already in removal proceedings then you are required to show a higher standard of proof than a normal couple when applying for adjustment of status.

Instead of needing to show that it's more likely than not that your marriage is bona fide, you must show "by clear and convincing evidence" that your relationship is genuine and was not entered into for the purpose of evading US immigration law.

If you don't have an attorney, now would probably be a good time to at least consult with one prior to responding to the RFE.

Thanks Hypnos for your answer!

Yeah we knew that and we've got as much proof as we could…As i said we already had our interview and we got a letter from them asking to submit Bona Fide Marriage Exemption Letter. We were just wondering did someone out here had a similar case like ours and how does this all situation sounds like to u guys !

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You need an experienced attorney. Good luck.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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  • 1 month later...

:crying: Its been exactly 33 days since we submitted document USCIS requested and still haven't heard anything from them? Does anyone know how long it takes for RFE to be reviewed ?

Note: We applied for I-130, we had our interview, 2 days later they sent us RFE, requested document was sent on August 8th

Thank you so much in advance!

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:crying: Its been exactly 33 days since we submitted document USCIS requested and still haven't heard anything from them? Does anyone know how long it takes for RFE to be reviewed ?

Note: We applied for I-130, we had our interview, 2 days later they sent us RFE, requested document was sent on August 8th

Thank you so much in advance!

33 days is nothing in exemption cases, you need to be patient.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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33 days is nothing in exemption cases, you need to be patient.

NancyNguyen :D I know there's not too much to do but wait and be patient grrrr but we are so inpatient at this point I guess because we are waiting for a kind of a big decision here I hope you guys understand =)

We were wondering what is the usual wait time though ?

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  • 2 weeks later...

Hey guys :) I just wanna let you know we've checked our online status and it says: Today they mailed us a notice of APPROVED I-130 :dancing:

I can't describe how happy we are :) but this is just half of the battle though…

So since I was in a removal proceedings when we applied for I-130 we have a question whats our next move?

Should we go affront of Immigration Judge and apply for a GC through him or actually apply through USCIS ?

Thanks for all your support and please if you know what is our best next movie let us know...

We really appreciate every answer !!!

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Get in touch with the ICE counsel and ask them to file a joint motion with you to terminate the removal proceedings in immigration court. Assuming they do so and the judge agrees, you would then file your I-485 the usual way with USCIS.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Get in touch with the ICE counsel and ask them to file a joint motion with you to terminate the removal proceedings in immigration court. Assuming they do so and the judge agrees, you would then file your I-485 the usual way with USCIS.

Thank you so much… :)

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Now very CONFUSED :ranting: … So on thursday online status was saying: On September 25th we mailed you notice of your approved I-130

And today i checked again and it says something totally different:

On September 26, 2014, we mailed you a notice informing you that your I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, was reopened.

Im so confused right now… what is this??? :cry:

ANY HELP??

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