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Credo

Notice of intend to deny

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FYI: This is not for me but for a friend. I have my green card already 

 

He filed for AOS last year and went for interview with his American citizen wife, they didn’t go with her birth certificate and was asked to mail it in, it was almost a ten months until they heard from them requesting for more evidence with intention to deny, they sent in a joint bank statement but they said it has a one sided transaction, the picture they said looked staged but these where our holiday pictures with both families. They got another letter of denial of our AOS/REF and giving us option to file an appeal within 30days. 

 

Do they need a lawyer at this stage? How can they prove the marriage when they already threw out the bank statement, lease and saying the photos where staged. 

 

Thanks. 

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7 minutes ago, Credo said:

FYI: This is not for me but for a friend. I have my green card already 

 

He filed for AOS last year and went for interview with his American citizen wife, they didn’t go with her birth certificate and was asked to mail it in, it was almost a ten months until they heard from them requesting for more evidence with intention to deny, they sent in a joint bank statement but they said it has a one sided transaction, the picture they said looked staged but these where our holiday pictures with both families. They got another letter of denial of our AOS/REF and giving us option to file an appeal within 30days. 

 

Do they need a lawyer at this stage? How can they prove the marriage when they already threw out the bank statement, lease and saying the photos where staged. 

 

Thanks. 

4
4

 I find this a bit confusing. Who is it actually for?

Edited by cdneh

I can explain it to you. But I can't understand it for you.

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Definitely need a Lawyer. All sorts of things a married couple have in common, just think of your own situation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Do they need an attorney?   ABSOLUTELY!!!!  and if they have a legitimate marriage, there should be some quality evidence created to date.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Sounds like their evidence was very lacking. They should get a lawyer... And gather as much evidence of marriage as possible. One group photo and one bank statement is barely enough 

... And a birth certificate is one of the must haves for applications. It's seems they were very lazy in putting together quality evidence of a bona fide marriage. 


F1 (graduated) with pending AOS after marriage! ^_^

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They need a lawyer and when you are truly married, the evidence of such is easy.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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Agreed - it sounds like the bona fide marriage evidence presented was severely lacking, and/or there are red flags in the case.

 

Just a reminder: joint accounts are not evidence of a bona fide marriage. Actually commingling your finances (which can include a joint account being used by both parties) is.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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