CAN I-130 PETITION CHOOSE EMBASSY

[zozomike 9]

The US Embassy in Sri Lanka rejected our I-129 one year after the interview, then rejected our I-130 2-1/2 years after the interview. Rather than appeal we have determined to reapply for I-130. The online I-130 allows the choice of an Embassy outside their country of last residence. Does this work? Say for example we chose India...

Thanks for any experience. 

[Boiler 43,752]

Not sure I would choose India.

[zozomike 9]

52 minutes ago, Boiler said:

Not sure I would choose India.

It is closest embassy other than the one that has denied us twice. But???

[Boiler 43,752]

They will have the file

 

India has long wait times, usually.

[zozomike 9]

10 minutes ago, Boiler said:

They will have the file

 

India has long wait times, usually.

WHEW, Indian wait times of 8 years? no thanks. Good tip. I really am just asking if it really is advisable to try, and if anyone has managed to change to another embassy. We feel defeated by the Sri Lankan embassy. 

[Boiler 43,752]

People move and change Consulates accordingly, so depends on what your plans are.

 

I think the questions I have seen have involved situations which were compulsory or they had obvious options.

 

Pakistan and the Middle East, there was one who was in London who went back to Bangladesh and regretted it.

[zozomike 9]

6 minutes ago, Boiler said:

People move and change Consulates accordingly, so depends on what your plans are.

 

I think the questions I have seen have involved situations which were compulsory or they had obvious options.

 

Pakistan and the Middle East, there was one who was in London who went back to Bangladesh and regretted it.

OK, we did not plan on her moving except to USA,. Just hoping it was possible to interview somewhere besides Sri Lanka. So I guess that option is out. Thanks for your answers. 

[Redro 4,602]

What are the reasons for the I129f and i130 being denied? 
changing consulates won’t change the history of trying to get to the US. 

You need to address the issues before your partner interviews again. 

additionally, although  they say you can choose your consulate that is. It quite true. USCIS/NVC will determine the embassy based on the current home address. 
several people have completed I130 when beneficiary lives in country A and indicated they want to interview in country B because they are moving to country B in 3-6 months but when the petition is approved the interview is scheduled for country A.

The only remedy is to request consulate (change) with proof of residency.

 

Edited August 25, 2023 by Redro

[zozomike 9]

Thank you, I understand better. The reason for rejection of the I-129F we never learned. The stated ( verbal by CO) was doubtful marriage. The over 40 pages of proofs in the file and which had been sent twice were never read I guess. 

 

[nastra30 2,044]

8 hours ago, zozomike said:

Thank you, I understand better. The reason for rejection of the I-129F we never learned. The stated ( verbal by CO) was doubtful marriage. The over 40 pages of proofs in the file and which had been sent twice were never read I guess. 

 

I-129F is not for married people unless you were pursuing K3.

 

Changing consulates won't do anything for your situation; you need rectify the issues resulting in your I-130 petition not being approved. Wasn't your I-130 sent to USCIS for reconsideration? 

Edited August 25, 2023 by nastra30

[zozomike 9]

39 minutes ago, nastra30 said:

I-129F is not for married people unless you were pursuing K3.

 

Changing consulates won't do anything for your situation; you need rectify the issues resulting in your I-130 petition not being approved. Wasn't your I-130 sent to USCIS for reconsideration? 

Thank you. The I-129F was done before we married, when it was rejected we married and filed the I-130. The I-130 was returned on 08/14/2023, and the CO stated our marriage was "doubtful".

We have chosen to file a new I-130 so we can add more information to the relationship proofs. I guess 40 pages of pics of 6 extended stays together with flights etc.  already in the file was not enough. 

[mam521 1,793]

1 hour ago, zozomike said:

Thank you. The I-129F was done before we married, when it was rejected we married and filed the I-130. The I-130 was returned on 08/14/2023, and the CO stated our marriage was "doubtful".

We have chosen to file a new I-130 so we can add more information to the relationship proofs. I guess 40 pages of pics of 6 extended stays together with flights etc.  already in the file was not enough. 

What other COMMITTED things did you provide?  Did you file your income tax as married, filing separately? Have you added her as a beneficiary to things like your life insurance and retirement accounts?  Pictures, visits and conversations are all nice, but they aren't demonstrating long term commitment. 

 

Consulate shopping isn't going to fix your issues.  Providing more solid evidence of your bonafide relationship will.  

[zozomike 9]

12 minutes ago, mam521 said:

What other COMMITTED things did you provide?  Did you file your income tax as married, filing separately? Have you added her as a beneficiary to things like your life insurance and retirement accounts?  Pictures, visits and conversations are all nice, but they aren't demonstrating long term commitment. 

 

Consulate shopping isn't going to fix your issues.  Providing more solid evidence of your bonafide relationship will.  

Good points, she is benificiary on my IRA account. I will draw attention tho that. I am unable to find a way to handle taxes as you speak as she has no Social Security number. All your suggestions are welcome. 

[mam521 1,793]

1 minute ago, zozomike said:

Good points, she is benificiary on my IRA account. I will draw attention tho that. I am unable to find a way to handle taxes as you speak as she has no Social Security number. All your suggestions are welcome. 

Your spouse needs an ITIN.  You need to file income taxes appropriately.  That's a big red flag.  

 

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

[zozomike 9]

12 minutes ago, mam521 said:

Your spouse needs an ITIN.  You need to file income taxes appropriately.  That's a big red flag.  

 

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

Link is dead, but here from the W-7 instructions: 

Purpose of Form Use Form W-7 for the following purposes. • To apply for a new ITIN. Individuals applying for an ITIN must include a U.S. federal tax return unless they meet an exception, and the required documentation. For tax years after December 31, 2017, spouses and dependents are not eligible for a new ITIN unless they are claimed for an allowable tax benefit or they file their own tax return

 Seems like catch 22...