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

[H18 25]

7 hours ago, Rasel_Cool said:

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 

Thank you for the advise !

[JeanneAdil 6,209]

8 minutes ago, Hala18 said:

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?

If you still have to file taxes ,  file as MFS just to show married 

i hope u have a joint sponsor

[Allaboutwaiting 2,500]

Besides the new evidence on new facts that a motion to reopen requires, you must consider the costs: $675 plus the attorney's fees.

 

Refiling would be cheaper -$535- and you'd have enough time to gather enough evidence to guarantee an approval. You can even save the fees of an attorney if you do it yourself. 

 

As mentioned by another member, it is important to take in account any "red flag" in your case: if the beneficiary is from a high fraud country,  if there is a big age gap, little time spent in person, religious differences, criminal record from any of you, etc.

[AJ2019 58]

4 hours ago, Hala18 said:

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?

since you mentioned you were a student, did you have enough income for support affidavit? or a sponsor?

[Lady Rain 21]

Well from my cousin’s experience her case was denied because of the attorney never submitted her proof of a bonafide relationship. USCIS told her that she could either refile or appeal it. She had to pay more money to appeal it, they worked on her case right away and her husband got approved. Each case is unique.  I think you should do what you feel is best 

[H18 25]

4 hours ago, AJ2019 said:

since you mentioned you were a student, did you have enough income for support affidavit? or a sponsor?

I have a sponsor , enough money to help me until he comes here

[H18 25]

46 minutes ago, Lady Rain said:

Well from my cousin’s experience her case was denied because of the attorney never submitted her proof of a bonafide relationship. USCIS told her that she could either refile or appeal it. She had to pay more money to appeal it, they worked on her case right away and her husband got approved. Each case is unique.  I think you should do what you feel is best 

wait so she never sent proof of her marriage?? and USCIS still approved it., like I have way stronger evidence that I did not think of before like I had it before but I never thought of sending it to the USCIS but everyone is saying that the evidence had to be unavailable before so they can consider it as new evidence.. or the the officer made a mistake to appeal ... can you give me more detail?

for me money does not matter but how long until she got approved?

[Lady Rain 21]

What happened she knew that that lawyer didn’t ask her for pictures and things to prove the bonafide relationship. Whenever she would talk to the attorney about the proof , he tells her to wait. Now right after the closing down Bcz of the pandemic, USCIS sent her a letter stating that because lack of evidence we denied your petition. After appealing the petition, she then sent in all of the proof herself. She didn’t wait on the attorney. Her case was approved. It took about a month or so. To get a interview. It didn’t take that long 

Edited September 6, 2021 by Lady Rain

[H18 25]

28 minutes ago, Lady Rain said:

What happened she knew that that lawyer didn’t ask her for pictures and things to prove the bonafide relationship. Whenever she would talk to the attorney about the proof , he tells her to wait. Now right after the closing down Bcz of the pandemic, USCIS sent her a letter stating that because lack of evidence we denied your petition. After appealing the petition, she then sent in all of the proof herself. She didn’t wait on the attorney. Her case was approved. It took about a month or so. To get a interview. It didn’t take that long 

how long did it take... 

I am so surprised that they accepted her evidence even though it was available before...maybe because its in the faster service center

but she is very lucky 

[H18 25]

22 hours ago, Hala18 said:

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

@Asmahanhi I have been reading your thread as well and see you won your appeal 

is it possible if you can tell me how long it will take and did you provide new evidence that was available before...

I am also hoping that my case would get reopened and not sent to the BIA , how did you know that the office that had your case reopened it??

Thank you for the help in advance

[Redro 4,601]

On 9/5/2021 at 2:43 PM, Hala18 said:

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

There is no limit on US Citizen visas for spouses- don't pay attention to LPR filing and their process.

 If you re-file you might get through the USCIS process in as little as 2.5 months. 

Did you get denied at USCIS level or at the interview? 

What was the RFE? 

How did you obtain your US citizenship? Did you send evidence of US citizenship?

When was the last time you saw your spouse? Are you legally married or is it a religious marriage that has not been registered yet? 

Edited September 6, 2021 by planningahead

[H18 25]

1 hour ago, planningahead said:

There is no limit on US Citizen visas for spouses- don't pay attention to LPR filing and their process.

 If you re-file you might get through the USCIS process in as little as 2.5 months. 

Did you get denied at USCIS level or at the interview? 

What was the RFE? 

How did you obtain your US citizenship? Did you send evidence of US citizenship?

When was the last time you saw your spouse? Are you legally married or is it a religious marriage that has not been registered yet? 

2.5 months no way?!?! I got denied at USCIS level before the interview 

the RFE was asking us for more evidence to prove our marriage but we didn’t realize they meant more new evidence we thought it was because of relocating and maybe they lost the evidence, because everyone  at the time was saying the same thing , so we just sent everything all over again. We didn’t have an attorney at that time. I am a US citizen from a very young age. I saw him last 2 years ago 🥺🥺. Yes I am legally married to my love and everything is registered with all legal documents. 
What do you suggest I should do??

[HRQX 4,145]

22 minutes ago, Hala18 said:

2.5 months no way?!?!

See the following thread:

 

[Redro 4,601]

14 hours ago, Hala18 said:

2.5 months no way?!?! I got denied at USCIS level before the interview 

the RFE was asking us for more evidence to prove our marriage but we didn’t realize they meant more new evidence we thought it was because of relocating and maybe they lost the evidence, because everyone  at the time was saying the same thing , so we just sent everything all over again. We didn’t have an attorney at that time. I am a US citizen from a very young age. I saw him last 2 years ago 🥺🥺. Yes I am legally married to my love and everything is registered with all legal documents. 
What do you suggest I should do??

I suggest you re-file with the help of a lawyer or visa service to make sure you have all the evidence. Or check with the members on this forum to see if the evidence you have right now is sufficient. From the wording of the RFE you posted previously it appears you might not have provided the correct documentation/materials indicating you qualify to petition the CR1/IR1. 

Edited September 7, 2021 by planningahead

[H18 25]

On 9/5/2021 at 10:31 PM, Lady Rain said:

What happened she knew that that lawyer didn’t ask her for pictures and things to prove the bonafide relationship. Whenever she would talk to the attorney about the proof , he tells her to wait. Now right after the closing down Bcz of the pandemic, USCIS sent her a letter stating that because lack of evidence we denied your petition. After appealing the petition, she then sent in all of the proof herself. She didn’t wait on the attorney. Her case was approved. It took about a month or so. To get a interview. It didn’t take that long 

oh and this was recent?