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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28186
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I received a letter of intent to deny I 130 petition, please

Customer Question

I received a letter of intent to deny for my I 130 petition, please help
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no I figure I could get help from just answer no?
JA: Please give me a bit more information, so we can help you best.
Customer: i filed petition on my own without a lawyer
JA: Is there anything else the Immigration Lawyer should be aware of?
Customer: the letter is saying that they intend to deny i 130 based on the fact that my marriage is not a legitimate marriage from the way the evidence i submitted show
JA: Our top Immigration Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Immigration Lawyer in on everything we've discussed. You can go back and forth with the Immigration Lawyer until you're 100% satisfied. We guarantee it.
Customer: sure
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith replied 8 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I need some additional information:

1. Where were you married?

2. Is your wife waiting for petition approval to pursue consular processing of her immigrant visa?

3. What evidence dis you submit with the I-130 petition to show it was a good faith marriage?

4. How did you meet your wife and how long have you known each other?

5. Did you receive a prior Request for Evidence from USCIS?

Judith

Customer: replied 8 months ago.
I was married in Texas. I am currently living in Buffalo NY with my wife. She is waiting for AOS pending I 130 approval. I submitted pictures of my wedding, bank account statement showing both our names on the account, and Retirement plan change of beneficiaries showing my wife's name being added on as the beneficiary. We met through her brother in Buffalo in November 5 2014, we got married on April 17, 2015, and filed our petition in June 2015, had our interview on January 26, 2016.
The interview requested that we brought evidences of our bone fide marriage and those 3 things I listed above were what I brought. The letter of intent to deny says the following:
"The USCIS record reflects that you married Viengdone Norasing on April 17, 2016, in Fort Worth, Texas. You were interviewed by an officer of the USCIS on January 26, 2016, you submitted the following evidence in support of Form I 130:
- 11 photographs
- Bank of America account summary
- Empower Retirement change of beneficiaries
Many of the photographs are similar and appear to have been taken within minutes of each other. The Bank of America account summary indicates that you and the beneficiary set up a joint account on November 27, 2015, approximately three months after you filed Form I-485. Also, you failed to provide any account statements to show usage of the account. Finally, you changed the beneficiary on your Kerry Inc. savings plan to Viengdone Norasing on January 11, 2016, approximately 2 weeks before your Form I-130 interview. Because you have been married for over nine months, it is reasonable to expect that you could provide a progression of evidence of your claimed bona fide marital relationship from its inception on April 17, 2015. The record does not contain sufficiently persuasive evidence of a joint life.
In accordance with Matter of To, 14 I&N Dec. 679(BIA 1974), you are hereby afforded the opportunity to rebut the above-mentioned derogatory information and to submit any additional evidence in support of the visa petition. You have 30 days from the date of this notice to submit such rebuttal or evidence. FAilure to respond to this notice will result in the denial of your visa petition for the reason set forth."
Customer: replied 8 months ago.
I did not receive any prior request for additional evidence, except for the interview schedule letter requesting us bringing evidence with us.
Customer: replied 8 months ago.
to answer the question to bank of America why it wasn't opened until November 27, 2015. We tried to set up a joint bank account right after our marriage, but at the time, I did not have a social security number and an ID approved by the bank for account opening. Therefore I had to wait until I got my work authorization card come in so I could apply for a social security number and then get my state ID, then the bank allowed me to open a joint account with my husband.
Expert:  Judith replied 8 months ago.

It would be extremely beneficial for you and I to talk about your relationship and possible additional evidence you can put together from the date of the marriage to present which shows a continuing commingling of your lives from the time o fmarriage instead of what appears to be hastily created documentation immediately preceding the interview.

The bank account being established 3 months after the the 485 being filed is ot unreasonable because USCIS is taking that long for her to get an EAD so that she can get a SSN which is needed for a bank account.

However, I have questions about why you submitted pictures taken all at the same event. Did you not take pictures of family or occasions which were some special event for you and your wife? Going out to dinner, going on a picnic, going to a family birthday event?

How about you and your spouse's employment records? Did you report to your employers your spouse's information as the point of contact in the event of am emergency at work? Copies of those records are helpful.

Did with of you have any medical treatment where you can obtain copies of the records which shows that either of you were listed as the spouse in case of emergency?

Here are some other examples of evidence which can be put together over the course of your marriage back in April 2015.

Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together. Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple. Your brother who introduced you would be an excellent affiant documenting how he knew your wife and thought you and she would make a good couple and introduced the two of you.

What about any of your individual friends who you introduced your spouse to and who you may have going out to dinner with,, had over to your home for dinner or you to their home?
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names) - you should have these for 2015.
An identification card that shows that you use your spouse's last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.

Do you own a car and did you have automobile insurance that covered your spouse and when was that taken out?

I a sure you have documentary evidence of you and your spouse living and establishing a life together from early on in the marriage and you need to go through all your papers to find evidence of this from early in the marriage to present.

I am going to give you an offer for a telephone call in case you want to talk about any of this.

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 or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 8 months ago.

https://egov.uscis.gov/casestatus/mycasestatus.do

Expert:  Judith replied 8 months ago.

On June 27, 2002, we received your response to our Request for Evidence for your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, Receipt Number EAC0124552100. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Customer: replied 8 months ago.
quick question, when i submit the additional evidences, where do i send them to? or do i make InfoPath appointment to submit evidence with the officer in person?
Expert:  Judith replied 8 months ago.

Since your petition has not been approved you need to follow up with USCIS customer service

1(###) ###-####/p>

The last status update was that USCIS received your response to the RFE on June 28,2002. The case status has not been updated to reflect a petition approval.

You should also make an InfoPass appointment with USCIS field office in Baltimore

https://infopass.uscis.gov/infopass.php

If you do not get any satisfactory results from either you may also contact Senator Barbard Mikulski who is a very pro-immigrant member of Congress and her office will also give you assistance.

http://www.mikulski.senate.gov/services/help

Judith

Customer: replied 8 months ago.
i think you have the wrong case info. my case number ***** *****
Expert:  Judith replied 8 months ago.

Please ignore that last answer it was for a different case.

This is your answer

It would be extremely beneficial for you and I to talk about your relationship and possible additional evidence you can put together from the date of the marriage to present which shows a continuing commingling of your lives from the time o fmarriage instead of what appears to be hastily created documentation immediately preceding the interview.

The bank account being established 3 months after the the 485 being filed is ot unreasonable because USCIS is taking that long for her to get an EAD so that she can get a SSN which is needed for a bank account.

However, I have questions about why you submitted pictures taken all at the same event. Did you not take pictures of family or occasions which were some special event for you and your wife? Going out to dinner, going on a picnic, going to a family birthday event?

How about you and your spouse's employment records? Did you report to your employers your spouse's information as the point of contact in the event of am emergency at work? Copies of those records are helpful.

Did with of you have any medical treatment where you can obtain copies of the records which shows that either of you were listed as the spouse in case of emergency?

Here are some other examples of evidence which can be put together over the course of your marriage back in April 2015.

Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together. Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple. Your brother who introduced you would be an excellent affiant documenting how he knew your wife and thought you and she would make a good couple and introduced the two of you.

What about any of your individual friends who you introduced your spouse to and who you may have going out to dinner with,, had over to your home for dinner or you to their home?
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names) - you should have these for 2015.
An identification card that shows that you use your spouse's last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.

Do you own a car and did you have automobile insurance that covered your spouse and when was that taken out?

I a sure you have documentary evidence of you and your spouse living and establishing a life together from early on in the marriage and you need to go through all your papers to find evidence of this from early in the marriage to present.

I am going to give you an offer for a telephone call in case you want to talk about any of this.

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 or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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