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

[Mia7980 0]

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!

 

 

 

[JFH 12,189]

What are you filing for? 

[Just Paul 4,591]

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.

 

[Mia7980 0]

6 minutes ago, JFH said:

What are you filing for? 

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

[JFH 12,189]

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.

[JFH 12,189]

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. 

[JFH 12,189]

*~*~*moved from “bringing family members of LPRs” to “AOS from work/study/tourist visas”*~*~*

[geowrian 22,335]

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 January 20, 2019 by geowrian

[Mia7980 0]

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.

[carmel34 3,529]

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.

[Mia7980 0]

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!

 

 

[carmel34 3,529]

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.

[Cyberfx1024 7,978]

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?

[Mia7980 0]

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.

[Cyberfx1024 7,978]

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.