"¢ 01/19/2001 - My wife entered the USA for tourism purposes and overstayed, BUT NOT FOR MORE THAN 6 MONTHS.

"¢ 02/15/2001 - I am USC and met my wife in February 2001 we date for 5 months after that we leased apartment to live together. Six months later my wife's mother got very sick in Brazil and she left to Brazil on Dec/11/2001.

"¢ 03/01/2003 - When she attempted to enter USA she was refused and subsequently withdraws her request for admission.

"¢ 07/2003 – I asked my wife to send me her passport and other documents because I was getting a lawyer to help us to get her back. I got a discussion with the Law Firm and they just refuse to return her original passport. ***

"¢ 01/2004 – My wife attempted apply for another non immigrant visa, during her interview Consular office asked her for the original passport she explained to him that passport wasn't with her and the Law Firm Miami got it and he just ended the interview and denial the visa. I got very upset and sent a fax to the Embassy in Brasilia asking for explanation. I received a response from the Consul that during her interview the Officer requested the original passport and she responded didn't know where it was and didn't have and later on during the interview Consular Office notice the Original passport was in her purse because she lie her petition was denial, I have documents the we file claim with Florida Bar against the law firm and others documents supporting that my wife didn't have the passport with her.

"¢ 02/2005 – after 1 year saving money I was able to go to Brazil and we got married and filed my I-130 at Consulate General of the United States Rio De Janeiro

"¢ 04/10/2005 – received package for interview date 06/14/2005

"¢ 06/14/2005 - interview Rio de Janeiro MY wife went 4 hours flight To Rio de Janeiro the day before and hotel room very expensive trip. She arrives at the consulate 8:00am they called her at 3:00pm and they asked for her original birth certificate and original of divorce decree and that she need to proof that she overstayed but not more than 180 days, she told them that she have boarding pass and flight coupon and asked him to come next day because will cost more money to come back another day. He refused and told her to be back again on July 5, 2005

"¢ 07/05/2005 – 2nd interviews she presented the documents that was missing birth certificate, divorce decree and boarding pass. The Consul tells her that he will need to file waiver for her overstayed because on computer notes that she overstayed more than 1 year and half, she told him that was wrong and got the waiver to fill out then he asked her how long she overstayed "I overstayed on my visa for 6 month but not more than 180 days " he got very upset close my file and tells her he got more evidences from Brasilia Embassy with her liars about passport and that he not going to file nothing for her no waivers nothing and ended the interview.

"¢ I called him he told me that he will have to return the petition back to INS very rude and short with me on phone.

"¢ I put a congressional inquiry to find out about my case...

"¢ August/ 4 – Received letter from congressman that he was informed that a consular Office on June 14 2005. The Consular Office found her ineligible for the immigrant visa as he considered her marriage to be fraudulent and undertaken for the purposed of immigrating to the United States.

"¢ I don't understand why the Consular office reschedule another interview for 1 month later when he Office found her ineligible for the immigrant visa as he considered her marriage to be fraudulent , Why it was not mention about the 2nd interview to the congressman?

"¢ I called Visa Office and they told me that her cased still for review and was sent to National Service Center and they will send back to INS for review.

"¢ Is this Normal???

there are many things which contradict here..
First of all no lawyer can hold anyone's passport in US. R u sure they hold your spouse passport? I doubt that.
second, officer may have found her passport in her purse there and it was presumed that she don't want to show that because of previous entry and overstay..
Consulate asking to return back very next day can be anything, , lack of time period, low staff in consulate or any other reason, you can't argue that.
Consulate was right in their decision to file a waiver, your spouse may be stayed less then 6 months but she still need waiver 212.
once alien overstays he will be deportable and inadmisable,
lets say if one of condition is not apply for her because of less time perios but second condition should apply and thats why she needs waiver.
I130 is not approved, if you didnot submit enough proof for ligimate marriage , after looking her immigration history, Immigration will raise eyebrow of marriage in entered only to precure the immigration benifits, Now burden of proof rely on you guys to prove that wrong.
there is nothing wrong what Immigration is doing in your case, Only thing , you have to submit solid proof of genuine marriage and make them revert their decision into approval of I-130.

[quote]b[/quote]
Mohan Thanks for your reply, The Law Firm is located in Miami and very knowing, I contacted 2 lawyers that try to get the passport back the firm never return one phone call or letter, both lawyers had filed violation report with florida bar against the law firm.
When i filed the I-130 in brasil they asked me for proof of marriage I show Lease rental agreement phonecal and letters and the consul accepted my petiton and approved right there and he told me that i will not received I-797, after 3 month My wife in Brazil got Packet IV with immigrant CR1 Approved and all need is interview.
About consular asking us to come back next day she asked him to let her come back next day because it will cost lots money for another trip back to consulate and he refuse and told her to come back 1 month later.
APPROVED PETITIONS SHOULD NOT RETURNING TO DHS/INS RECOMEND TO BE REVOKE....

so u are saying your I130 was approved? any proof do U have , did they issued you a leeter that your I130 was approved?.
Petition can be revoked at any point if Violation is seen, but once I130 is approved, means marriage was not fraud. then only Packet DS 230 will be filed. and
After 130 approval if Immigration foungd out that marriage is fraudelent then only petition can be revoked.
in that case you can file appeal in AAU/AAO.

sorry hoffrab, but the consuls have a responsibility and a duty to return petitions to DHS if they think there is baloney...and you cannot do a single thing about it except whine....which accomplishes nothing. Sounds like some kind of bogus marriage to me...I hope they revoke the I 130. We don't need to compromise the gene pool with visa cheats.

Dear Mohan, This is copy that we received from US Consulate could you please advice this is the I-130 approval? If not can I filed another I-130 herre in the US and them request K3?
U.S CONSULATE GENERAL
AV. PRESIDENTE WILSON, 147 CASTELO
RIO DE JANEIRO, RJ
20030-020

DATE , 23 March 2005

TO:
ADDRESS:
CITY:

DEAR:________________

This office is ready to begin final processing of he immigrant visa applicant(s) named below in this case. We have scheduled an appointrnennt for a visa interview in the immigrant visa section on the date printed below. This Letter must be presented upon your arrival at this office on the appointment date.
Please see the enclosed information for further instruction about the medical examination required for all intending immigrants. Be sure to read all of the enclosed information and follow the instructions very carefully. When communicating with this office either by telephone or letter. p1ease provide your name end case number exactly as shown in this letter.

Sincerely
Chief, Immigrant Visa Branch

Visa Appointment
Date Time
00/00/0000 0800
Case Number RDJ0000000000
Name (P)
Preference Category: CR1 - BRZIL.
Traveling Applicants:
(P) NAME DOB

Encl: Packet 4

answered already/.