spouse I-130 denied, EOIR-29 or refile??

[H18 25]

hello I applied for an I130 back in November 2019 and as of august 2021 I got denied. they sent a RFE in septmber 2020 but that was it and I never got a NOID which is unfair and I thought my case would be approved 100% with the amount of evidence I have given.  they said "Upon review of the record, it has been determined that you have not submitted sufficient documentary evidence to establish eligibility for the benefit sought. Therefore, the petition is denied."

I have a few days left to appeal the decision and I spoke to a senator and congresswomen to help me on this issue and they are willing to do so. I just do not know which is a better route for me, appealing or refiling. I have much stronger evidence that I gathered up based off the denial, my attorney is saying I should refile, but that will make me lose my priority date of 2019..and its already been two years. I am hoping if I appeal USCIS may just change their decision based off the newer evidence and not send it to the BIA (that's where it takes a very long time) and that will take up to 2-3 months. what do you guys think... 

I am a US citizen 

I submitted wedding pictures, affidavits, certifications of our marriage, appropriate filing fees, wedding invite, a personal letter, passport pictures of both of us

the NEW evidence I have(this was available but I do not send it because I did not feel comfortable)

pictures after marriage(assortment), closer affidavits who know us on a personal level, text messages on many social media platforms, video calls/meetings, on many social media platforms, passport stamps showing travel, honeymoon receipts of hotels, gifts(gold) he brought me, our anniversary gifts for each other,

this is a REAL marriage and I love my husband dearly, and everyone who filled before me did way less than I did and got approved. I feel horrible. please help me with any information or past experience you can

Thank you

[H18 25]

@Rasel_Cool

Hi I saw your thread and read how you got approved with 3 cases and appealing each one and going against everyone. I wish you can look into my issue, it is not too complex like yours was but I want a second option before I refile or appeal the USCIS Decision. any help would be much appreciated. I feel exactly how you felt about your case denials and I am a very persistent person and will try all ways possible. 

Thank You

[HRQX 4,145]

28 minutes ago, Hala18 said:

my attorney is saying I should refile

I agree with the attorney. You should refile.

29 minutes ago, Hala18 said:

lose my priority date of 2019

Since you are a US citizen then the PD doesn't really matter since the number of IVs in IR "categories is not limited each fiscal year." https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

[Allaboutwaiting 2,500]

 

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available, therefore priority date is irrelevant.

 

Appealing would be cheaper but can take as long as an approval of a new I-130. And there's is a high chance of it being denied. 

 

IMO, your best bet would be refiling.

 

Edited September 5, 2021 by Allaboutwaiting

[H18 25]

@HRQX @Allaboutwaiting

what does PD mean? 

if it really is unlimited than why did they take 2 years to deny my petition, if they saw that it was not sufficient they should have notified me and even denied it earlier. If I apply again it means I will lose my place in line and will have to wait most likely another 2 years, which is so long

[HRQX 4,145]

2 minutes ago, Hala18 said:

what does PD mean?

PD = priority date

[Allaboutwaiting 2,500]

8 minutes ago, Hala18 said:

@HRQX @Allaboutwaiting

what does PD mean? 

if it really is unlimited than why did they take 2 years to deny my petition, if they saw that it was not sufficient they should have notified me and even denied it earlier. If I apply again it means I will lose my place in line and will have to wait most likely another 2 years, which is so long

Two years is within the average waiting time for a spousal visa -people that filed way before you are still waiting for a decision-.

If you appeal you'll enter a new queue at the risk of being denied. 

 

That's why it is advisable to file again rather than appealing, but this time including as much evidence as possible.

 

Btw, what did the RFE ask for and what did you send? 

Edited September 5, 2021 by Allaboutwaiting

[SalishSea 16,770]

2 hours ago, Hala18 said:

the NEW evidence I have(this was available but I do not send it because I did not feel comfortable)

Why??  If you have evidence that is requested or could assist your approval, failing to send it for any reason makes no sense.

[Rasel_Cool 22]

3 hours ago, Hala18 said:

@Rasel_Cool

Hi I saw your thread and read how you got approved with 3 cases and appealing each one and going against everyone. I wish you can look into my issue, it is not too complex like yours was but I want a second option before I refile or appeal the USCIS Decision. any help would be much appreciated. I feel exactly how you felt about your case denials and I am a very persistent person and will try all ways possible. 

Thank You

With my experience don't go for appeal. go for motion to reopen and reconsider as new evidence is allowed in motion. Make sure you overcome your old mistakes by sending new evidence. Hire an appeal lawyer and tell him to explain everything in details + send all the required evidence. If u are legit no need to worry. To be in safe side file a motion to reopen and reconsider plus refile. I mean do both. u can refile anytime even if you have already appealed or filed motion. So refile + do motion to reopen . If u are legit, your motion to reopen will be considered for sure. and don't listen to this forum's so called lawyer or advisors 

Edited September 5, 2021 by Rasel_Cool

[Rasel_Cool 22]

3 hours ago, Allaboutwaiting said:

Two years is within the average waiting time for a spousal visa -people that filed way before you are still waiting for a decision-.

If you appeal you'll enter a new queue at the risk of being denied. 

 

That's why it is advisable to file again rather than appealing, but this time including as much evidence as possible.

 

Btw, what did the RFE ask for and what did you send? 

Note: As you are US citizen even if you refile It should not take much time. Where motion may take 6 to 1 year. So Everything is up to you. If I were you and If I didn't have money problem, I would do both motion and refile.

[carmel34 3,529]

5 hours ago, Hala18 said:

I submitted wedding pictures, affidavits, certifications of our marriage, appropriate filing fees, wedding invite, a personal letter, passport pictures of both of us

the NEW evidence I have(this was available but I do not send it because I did not feel comfortable)

pictures after marriage(assortment), closer affidavits who know us on a personal level, text messages on many social media platforms, video calls/meetings, on many social media platforms, passport stamps showing travel, honeymoon receipts of hotels, gifts(gold) he brought me, our anniversary gifts for each other

Seems like your evidence is heavily weighted on things like text messages, video calls, and affidavits.  If you have any red flags (such as very little time together in person, marrying on the first visit, high-fraud country, big age gap, etc.) the best evidence is to show time spent together, as many additional trips/time together as you can BEFORE filing a new I-130 (passport stamps, original boarding passes, hotel receipts), and financial co-mingling evidence to the extent possible while living in different countries (we sent evidence of joint health insurance, beneficiary on life insurance, retirement accounts, joint credit card statements, will, living will, power of attorney, etc.).  If you have spent very little time together in person I would strongly recommend more in-person visits and submit evidence of that together with financial co-mingling documentation before sending a new front-loaded I-130 package.  You also did not mention if there were issues with previous visa denials, criminal backgrounds, etc. which an attorney should have helped you with.  Good luck!

[JeanneAdil 6,191]

just to tell u what happened in my case

I got same notice and I had the proof that the reasons (CO gave to denial) was wrong

1.  she said he did not know what books i read/  He had told her i read on the internet for research and i had a email posted to him early in our relationship stating this very fact

2. she said he would turn me into Islam/  i had messages where i asked if i had to convert if we were to marry and his response saying no,  i could be Christain,  Jewish or Muslim in his country for me to marry

 

So,  i appealed

costs , I think was just over $100,  back in 2011

Appeal took well over a year and i got my letter saying " I proved my case ,  marriage was bona fida and I could  reapply/they did not send the packet back to embassy for approval but I COULD REAPPLY

you can win and not win

so,  I ended up reapplying and another long wait,   

We did get our visa. i figure it was our age difference (although not stated) that really caused a denial but we're married now 11 and 1/2 years and he's a citizen 

 

just saying ,  if you want the visa,   reapply like lawyer says (they know how the courts work and handle appeals)

reapply with copy of the denial and your  proof it is wrong 

BTW if any of your evidence for an appeal happened after the interview date ,  its not  accepted by immigration court /evidence has to be from day 1 meeting to interview date 

Edited September 5, 2021 by JeanneAdil

[H18 25]

8 hours ago, Jorgedig said:

Why??  If you have evidence that is requested or could assist your approval, failing to send it for any reason makes no sense.

religiously I couldn't send them , shame, traditions and customs. I sent the ordinary that everyone sends, not the personal aspects

[JeanneAdil 6,191]

14 minutes ago, Hala18 said:

religiously I couldn't send them , shame, traditions and customs. I sent the ordinary that everyone sends, not the personal aspects

This i understand 

but immigration expects u to show evidence of a real relaitonship,  some very personal and should be private

and CO's can get very bold with some questions 

they asked a man from India if he slept with his wife and if she had any Private birthmarks he could see

I am not sure how a person proves they have consummated the marriage 

but u are going to have to prove this is bona fida marriage by spending qualility time with your wife 

I made 5 visits (1 month to meet him and family,  2 months to marry,  another month to honeymoon,  2 more 3 months each)

u don't have to do months but do as much as possible

Also start commingling fiances like filing IRS taxes for nonresident alien spouse 

This extra commingling helps 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

Get a POA from her to allow you to do business as your spouse like signing tax papers

[H18 25]

23 minutes ago, JeanneAdil said:

This i understand 

but immigration expects u to show evidence of a real relaitonship,  some very personal and should be private

and CO's can get very bold with some questions 

they asked a man from India if he slept with his wife and if she had any Private birthmarks he could see

I am not sure how a person proves they have consummated the marriage 

but u are going to have to prove this is bona fida marriage by spending qualility time with your wife 

I made 5 visits (1 month to meet him and family,  2 months to marry,  another month to honeymoon,  2 more 3 months each)

u don't have to do months but do as much as possible

Also start commingling fiances like filing IRS taxes for nonresident alien spouse 

This extra commingling helps 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

Get a POA from her to allow you to do business as your spouse like signing tax papers

yea I guess I will be doing that now

in regards to taxes joint and stuff like that the country that my husband is in is literally in the middle of a civil war, there's no such thing, and I am just a student. is that ok to explain to USCIS?