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Karim Dodobaev

I got denied i-130

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8 minutes ago, Karim Dodobaev said:

They saying that the green card i got through marriage should be 5 years then i can apply for petition to another spouse 

The I130 instructions clearly state that if you gained your LPR status through marriage, you must either be a US citizen or have held your GC for 5 years minimum before you can petition for a different spouse 

 


Who May Not File Form I-130?
You may NOT file Form I-130 for a person in the following categories:
5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:
A. You are now a naturalized U.S. citizen;
B. You have been a lawful permanent resident for at least five years;
C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or
D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

 

This sounds ike your situation 

No appeal possible 

Reapply when you have met the criteria 

 

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Ooops wrong thread, you need to wait until you are eligible.

Edited by Boiler

“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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What would be the basis of your appeal?


“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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You can file an I-290B. The filing fee for the appeal is $675, and you are highly unlikely to prevail.

 

As others have stated, you should wait until you are eligible to file.

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

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3 minutes ago, Karim Dodobaev said:

The letter I got from USCIS says I can appeal the decision and how is that possible?

Read the I 130 instructions and gather evidence of 

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

 

good luck 

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14 minutes ago, Karim Dodobaev said:

The letter I got from USCIS says I can appeal the decision and how is that possible?

You need to proof that USCIS made an error however the instructions are clear and you need to be a green card holder for 5 years. You haven't met this criteria therefore you'd lose an appeal. 


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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2 minutes ago, Karim Dodobaev said:

I did appeal already and i sent the the proofs that the previous marriage was real do you think it will work guys sorry for being such a annoying person but I really need the answers 

Depends if the evidence convinces them. No one here can say ... 

Edited by Lil bear

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6 minutes ago, Karim Dodobaev said:

I did appeal already and i sent the the proofs that the previous marriage was real do you think it will work guys sorry for being such a annoying person but I really need the answers 

The issue wasn't whether your previous marriage was real.

In your specific case, the issue was that you had to wait 5 years after becoming a LPR to file the i-130.

 

You didn't meet that criteria, so your appeal will be denied.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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