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Mia7980

I-130 denied. Appeal or file new application or motion to reopen

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My husband is an American citizen. He and I just received the denial notice: 

 

https://imgur.com/a/w8tTDHX <--I uploaded the letter content we got

The denial reasons:

 ‘’Establish a bona fide relationship to certain alien relatives who wish to immigrate to the United States.’’

 ‘’Establish the appropriate legal status (i.e., U. S. citizenship or lawful permanent residence) to submit a petition on the beneficiary’s behalf.’’

 

We are surprised because we thought the interview went well. She scanned our insurance card (both name), both bank card, kept the six-month mutual bank accounts papers, requested us to send a more-detailed apartment lease and a work/employment verification letter to prove he lived/worked in GA. Everything seemed to go good and she didn’t even ask us to show our album. I asked her if she needs to see our album and she said no. Did it happen to anyone? I found it blizzard. Also, the denial notice came only first page, page 3 and page 5. Are we missing pages???

 

When we received the Request for Evidence, it also asked the evidence to prove our marriage. Hence, we sent six pics to them along with the entire apt lease and his employment letter. On Thursday, we got the denial letter. My husband was mad bc he was born here at a military hospital. We are not sure what the reason they would think he is not a citizen. A person who doesn't change the ID to current state ID would be a problem? Would he drive his mom's car to be a problem?  What things we can gather to prove he is a citizen? We've submitted the birth certificate before.

 

I'm scared and really don't know what to do since the letter came in like one-two weeks late and I only have two weeks left. After digging the info online, I felt we could have submitted more evidence like sworn affidavits. Is it too late to change the water/electric bill/water bill to both of our names? Any other material? Letters to show we live together?

 

Can you please suggest me what the best option for me to do? Appeal? Motion to reopen? Re-apply everything?

I'm waiting for Monday so I can talk to a lawyer but right now I'm really anxious and sad.....Any info would help and be appreciated!!!! Thank you!

 

 

 


Mia

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7 minutes ago, Mia7980 said:

‘’Establish the appropriate legal status (i.e., U. S. citizenship or lawful permanent residence) to submit a petition on the beneficiary’s behalf.’’

Odd if your husband is a US Citizen.   Was he born in the outside the continental US?

 

8 minutes ago, Mia7980 said:

Hence, we sent six pics to them along with the entire apt lease and his employment letter.

6 pictures, a lease and employment letter doesn't show much.   You should provide more pictures and a proof that you have your finances like a married couple would.  Commingled assets, kiefe insurance etc.

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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11 minutes ago, Mia7980 said:

 

On Thursday, we got the denial letter. My husband was mad bc he was born here at a military hospital. 

Where is “here”? Was he born in a US military hospital overseas? That’s not enough for citizenship. Or was it a foreign military hospital in the US? That might also not be enough for a claim to US citizenship.


 

 

 

 

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Just now, Mia7980 said:

For the conditional green card. I-130 and I-485 were denied. Forgot to put it in! Sorry!

So you are adjusting status? So you already live together? You should have a wealth of bona fide marriage evidence. Most of us manage to present a convincing case despite having never lived together. It should be a breeze for you. 


 

 

 

 

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19 minutes ago, Mia7980 said:

Also, the denial notice came only first page, page 3 and page 5. Are we missing pages???

It looks like there is writing on the backs of those documents. Stupid question...did you flip them over? It kind of looks like page 3 is on the back of page 1 (with some extra writing by hand?). And the back of page 3 looks like page 5.

Are these the original documents from USCIS or copies somebody provided you? Because if they are originals, then it absolutely looks like pages are missing. They also almost always list at least some items that were presented as evidence.

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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Just now, geowrian said:

It looks like there is writing on the backs of those documents. Stupid question...did you flip them over? It kind of looks like page 3 is on the back of page 1 (with some extra writing by hand?). And the back of page 3 looks like page 5.

Are these the original documents from USCIS or copies somebody provided you? because if they are originals, then it absolutely looks like pages are missing.

No!! It doesn't have anything in the back! Sure I did flip them over. No handwriting at all on the letter. Our address/name on the envelopes are handwritng.


Mia

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1 hour ago, Mia7980 said:

For the conditional green card. I-130 and I-485 were denied. Forgot to put it in! Sorry!

So many unanswered questions on this post before meaningful advice can be given.  How long have you been living together as a married couple in the US?  Most likely they were looking for evidence of co-mingling finances that would be normal for a married couple based on the time living in the US as married.  Joint tax returns?  Utility bills, bank accounts, wills, beneficiaries on each other's retirement plans, insurance policies, and so much more.  Did you not submit these things because you don't have them?  Or because you just didn't think they were needed?  If you file a motion to reopen you will need all of this evidence plus clarification of the proof of US citizenship issue.  Your husband's US passport should solve that problem.  Good luck with the motion to reopen.

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13 hours ago, carmel34 said:

So many unanswered questions on this post before meaningful advice can be given.  How long have you been living together as a married couple in the US?  Most likely they were looking for evidence of co-mingling finances that would be normal for a married couple based on the time living in the US as married.  Joint tax returns?  Utility bills, bank accounts, wills, beneficiaries on each other's retirement plans, insurance policies, and so much more.  Did you not submit these things because you don't have them?  Or because you just didn't think they were needed?  If you file a motion to reopen you will need all of this evidence plus clarification of the proof of US citizenship issue.  Your husband's US passport should solve that problem.  Good luck with the motion to reopen.

 

Thank you for providing good info! We submitted to show marriage: Pictures, bank accounts, apt lease, insurance card. I guess these were not enough for them....

 

We've been knowing each other since July 2014 (more than 4 years now), we married on 8/24/17. I moved in with him on 10/08/17, and we moved once. 

 

I got my work/travel permit late so I couldn't work for a year, that's why all the bills are all under my husband's name. (I know we were ridiculous not knowing to change them early for USCIS...) If we change the bills under both our name now, will it be too late now to do appeal :((?

 

Our I-130 & I-485 got denied at the same time, does it mean I need to do both Appeal(EOIR29) and Motion to reopen(I-290B) at the same time?

 

Thank you!

 

 


Mia

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33 minutes ago, Mia7980 said:

Thank you for providing good info! We submitted to show marriage: Pictures, bank accounts, apt lease, insurance card. I guess these were not enough for them....

 

We've been knowing each other since July 2014 (more than 4 years now), we married on 8/24/17. I moved in with him on 10/08/17, and we moved once. 

 

I got my work/travel permit late so I couldn't work for a year, that's why all the bills are all under my husband's name. (I know we were ridiculous not knowing to change them early for USCIS...) If we change the bills under both our name now, will it be too late now to do appeal :((?

 

Our I-130 & I-485 got denied at the same time, does it mean I need to do both Appeal(EOIR29) and Motion to reopen(I-290B) at the same time?

 

Thank you!

 

 

I'm not experienced with the forms for motion to reopen, and how to do it, but I'm sure there are resources here on VJ if you search for them.  I would suggest that when you file the forms, that you include new evidence as I suggested in my earlier response to your question.  Also submit a photocopy of your husband's US passport as proof of US citizenship since there was a problem with his birth certificate not being accepted as such proof.

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6 hours ago, Mia7980 said:

Thank you for providing good info! We submitted to show marriage: Pictures, bank accounts, apt lease, insurance card. I guess these were not enough for them....

 

We've been knowing each other since July 2014 (more than 4 years now), we married on 8/24/17. I moved in with him on 10/08/17, and we moved once. 

 

I got my work/travel permit late so I couldn't work for a year, that's why all the bills are all under my husband's name. (I know we were ridiculous not knowing to change them early for USCIS...) If we change the bills under both our name now, will it be too late now to do appeal :((?

 

Our I-130 & I-485 got denied at the same time, does it mean I need to do both Appeal(EOIR29) and Motion to reopen(I-290B) at the same time?

 

Thank you!

 

 

Did you show a marriage certificate at all, have you been filing taxes together or separate?

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2 minutes ago, Cyberfx1024 said:

Did you show a marriage certificate at all, have you been filing taxes together or separate?

We submitted the marriage certificate with I-485 long time ago, could it be possible the material was lost in their side? Do I need to get a certified copy or I can just make a copy myself if I do appeal or motion to reopen? My accountant filed my tax as an individual but my husband's tax had me on it.


Mia

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22 minutes ago, Mia7980 said:

We submitted the marriage certificate with I-485 long time ago, could it be possible the material was lost in their side? Do I need to get a certified copy or I can just make a copy myself if I do appeal or motion to reopen? My accountant filed my tax as an individual but my husband's tax had me on it.

Please fill out your timeline..... 

 

So you must have filed Married filing separately which to tell you the truth doesn't sound good. Marriage certificate should always be certified copies. 

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