I-130 denied, now what?

[Jawaree 717]

Take proof of marriage, that you co-mingle funds, lease/live 2gether,things to explain your travel & dates away

and sort it out if that fails hire an atty

[Girl from Celebes 588]

OP said she was studying so that does not suggest a VWP entry.

I130 interviews are rare, only when there are high fraud suggestions.

I think otherwise. Most people I have read on VJ and came here adjust from other visas such as B-2, VWP, or student visas usually get the interview. The ones that came with K-1 visas and then got the interview, that's they would suspect high fraud or marriage for immigration purpose. Because most applicants adjusting from K-1 visa got interview waived.

[EM_Vandaveer 2,372]

I think otherwise. Most people I have read on VJ and came here adjust from other visas such as B-2, VWP, or student visas usually get the interview. The ones that came with K-1 visas and then got the interview, that's they would suspect high fraud or marriage for immigration purpose. Because most applicants adjusting from K-1 visa got interview waived.

Those are I-485 interviews though, that some K-1ers get waived & all others always have. We are talking about an I-130 interview here. There is a difference. Seems like USCIS doubts the bona fide marriage in this case...

[Girl from Celebes 588]

Those are I-485 interviews though, that some K-1ers get waived & all others always have. We are talking about an I-130 interview here. There is a difference. Seems like USCIS doubts the bona fide marriage in this case...

Oh okay. I was assumed that when you filed I-130 and I-485 then the interview will included for those. I never heard about people got interview for I-130 and this is very rare if that what the OP meant.

Thank you for the clarification. And yes, you are right. Some K-1 holders got the interview and others were waived depending which USCIS local office processing the case and how legit the marriage it is.

[chicinchic 1]

The original notice of interview was for the I-485, but the rejection was for the I-130 (even though we never got a notice of interview for the I-130; the rejection letter stated that we failed to submit documentation for missing the interview).

[Girl from Celebes 588]

The original notice of interview was for the I-485, but the rejection was for the I-130 (even though we never got a notice of interview for the I-130; the rejection letter stated that we failed to submit documentation for missing the interview).

Oh okay, so the interview was for I-485 as stated for my previous post. I have never read interview for I-130 as this is a petition filed from USC for the spouse. Since you filed together (some people filed I-130 first and I-485 later after the petition was approved) then the I-130 denied because USCIS think you are failed to prove your marriage is real by missing the interview for I-485. That's why they asked your husband's boarding pass for I-130 because he was the one who file for you.

[chicinchic 1]

I'm guessing that's the logic. They didn't ask for the boarding pass specifically, just documentation and I provided our boarding passes and itineraries. The guy at InfoPass had said that as long as we have booked the trip abroad ahead of the notice of interview and could prove so, we should be fine. Obviously not the case.

I'm guessing that's the logic. They didn't ask for the boarding pass specifically, just documentation and I provided our boarding passes and itineraries. The guy at InfoPass had said that as long as we have booked the trip abroad ahead of the notice of interview and could prove so, we should be fine. Obviously not the case.

[Girl from Celebes 588]

I'm guessing that's the logic. They didn't ask for the boarding pass specifically, just documentation and I provided our boarding passes and itineraries. The guy at InfoPass had said that as long as we have booked the trip abroad ahead of the notice of interview and could prove so, we should be fine. Obviously not the case.

I'm guessing that's the logic. They didn't ask for the boarding pass specifically, just documentation and I provided our boarding passes and itineraries. The guy at InfoPass had said that as long as we have booked the trip abroad ahead of the notice of interview and could prove so, we should be fine. Obviously not the case.

Like others said, better to re-file again as soon as possible. That's why most members on VJ advised do not traveled if you are adjusting from visas such as B-2 , VWP or F-1. Unlike those, K-1 visa holders always have been advised to apply I-131 if they were wishing traveled out the US while AoS in the process.

[NikLR 13,220]

Everyone can apply for AP when adjusting status. People just make sure to be back for interviews.