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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28192
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My name is***** need assistace with an inmigration issue.

Customer Question

Hi, my name is***** need assistace with an inmigration issue. I am an american citizen, am married to Manuel Antonio Rivero, I filled a I-130 for him to come and reside with me in United States. After two years waiting, after him going four times to appoitments at the Consular Office in Havana, presenting evidence of our marriage as they requested it, he was finally DENIED his visa to enter USA, not because he had criminal records, not because in my affidavit of support i could not prove i made enough money for him not to be a charge to the government, not because he was sick or was a threat to the national security. He was denied because they assumed our marriage was fake, and everything was just done for inmigration purposes. I am extremilly hurted and offended, because Manuel is my husband, we love and miss each other, and have to be separated for the rest of our lifes just because they want to. How can they destroy a happy marriage this way? Im sure they didnt investigate anything when they stated they were doing an administrative processing, other wise they would have come to a different decision, I have been supporting my husband in cuba since all this processed started in 2013, He lost his job of 25 years without the right to return to it, because he presented to leave the communist country, now he is there, he has nothing, and we are suffering just too much
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.Did you show any Affidavits from family members that they knew of the good faith marriage?Did you provide copies of email and what ever other form of communications you had over the past two years?Please detail for me what evidence you gave them at the consular visits.Do you speak Spanish or is he fluent in English?I need lots of more details of what evidence you turned over and will direct you. Judith
Customer: replied 1 year ago.
Hi Judith, we provided all they asked for, I make 49.000 a year, so the affidavir of support was not a problem, we provided our wedding pictures, facebook and yahoo messages, western union receipts of every month i had to send him money, also receipts for almost daily phone calls, we did all they required us to do, if they needed more, they just had to ask, im not going to take this abuse Judith, we have millions of witnesses, people who knows, here and also in cuba, that we are happily married, and it just offends me as an american citizen, to be accused of fake all the process, i have spent a lot of money, and we both are emotionaly destroyed, im just wondering if they have the right to conclude we are lying, i just dont understand, yes i can speak spanish and english
Expert:  Judith replied 1 year ago.
I totally and completely understand. OK you can fight this.Did you provide witness affidavits of the millions of people who knows of your marriage her and in Cuba??What state do you live in? Judith
Customer: replied 1 year ago.
I live in Florida, they didnt ask for anyone to make an affidavit of good faith, they didnt ask for witnesses, they ask for the information i told you before, i provided what they asked for and they jumped to conclusions, i just know of someone with a fake marriage, they guy is already here and married to another woman, and he had no problems to come, my marriage is true, and he had to stay in cuba, they broke my marriage because definitively denied us the opportunity to be together forever, im sure they dont have the right to assume my marriage is fake, because thats a lie, and i want them to pay for it, i guess workers at the consular office in habana are part of the USCIS
Expert:  Judith replied 1 year ago.
LinaIt is because of this guy you know that defrauded the US that makes trouble for honest and loving couples like you. So now calm down and let's look at what you can and cannot do.You cannot sue the government and make them pay for it. The decision they made was discretionary based on what you provided. Lawyers know to provide affidavits from friends, relatives and co-workers of their knowledge of the marriage and it's bona fides.You can still do this depending on how long ago they denied his visa. If the consular officer has not yet returned the petition to USCIS for revocation you can send a "REQUEST FOR RECONSIDERATION" and provide tons more evidence. There is a window of opportunity where the case sits before being returned to the service center where they then issue you a Notice of Intent to Revoke and you can again provide tons more evidence. The window is short so I would suggest you gather every scrap of paper you have and can get your hands on within the next week and send it over to either have your spouse have it delivered to the special interest section to the ATTENTION OF Consul General: Timothy P. Roche. That is c/o the same address you sent other info to or where he appeared for the interviews. Send a courtesy copy to the "UNIT CHIEF IMMIGRANT VISA SECTION".If you want to hand deliver it you can make an appointment with the Citizen's Services unithttp://havana.usint.gov/acs-appointment.htmlSecond: You can get in touch with your US Senator's office in locally. http://www.contactingthecongress.org/cgi-bin/newseek.cgi?site=ctc2011&state=flRubio, although he is Cuban-American is pretty useless in immigration matters. He is not immigrant friendly so I would suggest Nelson's office.Go to his website and complete the form request help with this and send a very unemotional but compelling letter detailing all that you have done to provide evidence of a good faith marriage and the hardship this is causing you having to fly back and forth to Cuba to see your husband. Give them all the same evidence you provided the SIC and the new additional evidence you are sending to the General Consul.They are usually very responsive within two weeks they email the consulate with their inquiry and you could get something back within 30 days.Those are the two steps you need to take immediately before the petition is sent back to the USCIS. It usually takes them several weeks to do that because they have to write up special reports and they have to be signed off by supervisors so the file sits.THIRD: You can retain a lawyer there in FL who has special experience with these types of consular processing issues.You can find one at www.ailalawyer.comPlease let me know what additional questions I can answer for you. I understand your outrage but bear in mind that now more than ever you need a cool head. This was a discretionary decision and the more polite you are the better your chances of getting positive results quickly at the SIC level before the case goes to the service center.Read this article by a good friend of mine Jose Latour. Although the issue is not relevant to your problem his advice in dealing with the authorities goes a long way. Honey attracts the bees. http://www.ilw.com/articles/2002,0123-Latour.shtmHe is in South FL and I do not believe takes on these indivdsual cases an longer but his firm may be able to refer you to a very competent trusting attorney.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Expert:  Judith replied 1 year ago.
Hi Lina
Was my answer helpful? I really worked hard to be able to give you some options that will work. I understand it is not instant resolution but I don't have control over that, my job is to guide you in how to move forward.
Let me know if I failed you.
Judith

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