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I-130 Spouse Immigrant Visa denial. Need some help, please. At my wit's end

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  • summerfield
    replied
    Originally posted by dawnoffawn:
    Thank you, Aroha. I gues that is what is happening It's really depressing
    Dawn:

    You are right. This is exactly what has happened here. May be you or your spouse were not briefed on the nitty gritty of immigration law. You must have been out of country for a long long time and perhaps (just guessing) you did not file income tax returns (could be for zero income) before applying for visa. USC are required by LAW to file ITR every year on worldwide income. No escaping that. That said, other proofs of connection to US need to be established before applying for IV. Consulate may ask that "why your spouse wants to come to US, when you have been out of country so long and not even filing tax returns".

    By the way you did not understand that IV is "Green Card" tells us that you had no clue what you wanted to accomplish. In this, you could have hired a local attorney or an immigration consultant (just google) in your country of stay and they may have guided you properly. Please do contact a US immigration lawyer in the US City you are staying now.

    Leave a comment:


  • Aroha
    replied
    A waiver isn't applicable in this case, Sylvia. There's no illegal entry, overstay, false claim to US Citizenship or criminal record at play which makes Dawn's husband inadmissible.

    Leave a comment:


  • sylviad67
    replied
    dawnoffawn:
    Hello, I am thinking that maybe that you can request a waiver of inadmissability, or something like that. This is what they are doing now if someone has been denied. It is a form that you fill out asking for another review or a second chance. Alot of times they are approved and they give them their visa. You could check into it. I think that the is somewhere around $544.00 not exactly sure. They should have told you about that. I hope that this helps. Search for the pilot program too. It is for that purpose too.

    Leave a comment:


  • Aroha
    replied
    It depends where you file. The domicile requirement is relaxed when using DCF, since you can only utilize that if you've been legally residing in the foreign country for more than 6 months. If you're filing within the US, as Dawn did using someone with Power of Attorney, it is required.

    As far as I know (and my own experience with my husband filing for us soon after he'd moved back to the US), length of time in any one state to establish residency etc doesn't make a difference as it pertains to immigration.

    Leave a comment:


  • mohan
    replied
    USCIS gave the right advice. you might be living outside of the country for long time. Everyone has to establish his domicile, unless they are in services( army navy, or any other Fed posting etc). you have joint sopnsor to fulfill your poverty line requirement but you didnot live in the country( i presume).
    think this way , when intended for a divorce, has the residency requirement for a year to be residence for the same state, , don't you think there should be a requirement for the marriage too? you should be residing within one of any state. ?
    You can cut short your time to become domicile of one of the state by 6 month time period. search the net and find out the state Law. and maintain residence in that state..

    Leave a comment:


  • federale86
    replied
    Fiance visas, K-1 and 3 are only for US citizens resident in the U.S. If you want to bring your fiance here, then get married and apply for a CR-1 immigrant visa. No residency requirement.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    A USC filing an I-130 for their foreign spouse MUST prove they are domiciled in the US..that is a regulation, and a joint sponsor does not relieve a USC of this requirement. So the consulate is doing their job...something that cannot be understood by those whose IQ is below 100....or who believe that they should not have to follow certain pesky regulations....but...you do.
    And proof of domicile will likely take more than an envelope with your return address printed on it....

    Leave a comment:


  • dawnoffawn
    replied
    Thank you, Aroha. I gues that is what is happening It's really depressing

    Leave a comment:


  • Aroha
    replied
    OK. Here's the thing. An immigrant visa IS a green card, for all intents and purposes. Of course, what he gets in his passport initially is just an IV, but as soon as he hits the US and goes through secondary inspection, he will be a legal resident and his green card will go in to production. Been through all this myself, so I know all too well. LOL.

    What you had approved at the USCIS was probably the I-130, which is not a visa nor does it promise a visa - it simply proves that a relationship exists between sponsor and beneficiary. The application then moves to the NVC, who pretty much just collect fees and paperwork, run their background checks and so long as nothing is red-flagged, they send it on to the Consulate. Other than the I-130, nothing gets approved until after the interview.

    You were living outside of the US at the initial time of filing right? It probably would've been better to have used DCF and you *may* have avoided some of these issues, but it does sound to me that perhaps they didn't consider your situation stable enough, with no US address, job etc. The joint sponsor is just that. Your circumstances play a huge part too. It's just a guess though. There's often no rhyme or reason to the way the USCIS works and no transparency in the system.

    Once again, the only advice I can give I already have - contact your local State Reps and/or Senator.

    Leave a comment:


  • dawnoffawn
    replied
    Thx Aroha,
    I only applied for an immigrant visa. It's been 14 months, so it's taking as long as a green card, if not longer. The reason I did not apply for a green card procedure for him was because of the length of time. But, this is taking longer than a normal green card would take. I already had a sponsor whom I've given power of attorney to apply for me in the US, so the application was basically in the US. The stated that this is only for visa procedures. Immigration has to be done after he gets a visa. We previously applied for the k-3 but they have refused it and told us to apply for an immigrant visa. The USCIC approved, it's the consulate who did not approve even though we've given all the facts and documents and background checks. There basically was no reason. Also, he was supposed to get a visa during the interview because it was the last step. However, the consulate decided to apologize and refuse, stating I have to go back in order for my spouse to recieve a visa. He also ensured a speedy reply once I do send the documents and requested me to send a prepaid return express envelope, which I did. However, I did not recieve any reply and the USCIS has no proof that they recieved my documents even though I tracked it and it was signed and recieved. I don't know what's going on. At least, they could reply and inform me, but no...and they don't respond to emails or inquiries

    Leave a comment:


  • Aroha
    replied
    What exactly are you applying for? An immigrant visa? K-3? If it's the first, then it results in a green card. He would get that as soon as he gets through secondary inspection upon landing in the US. If it's K-3, well, they're currently processing around the same time as IR/CR-1.

    As for the DCF thing, I assumed you may have because of the short time frame and the fact it sounded like you were living in his country with no established residence in the US. That residence is needed for immigration.

    Leave a comment:


  • dawnoffawn
    replied
    Thank you, Aroha.
    Yes, I know that it takes 16 months for the green card. The visa should be much faster. That is why I applied for a visa. It will be 14 months since the application, and yet no progress. The process takes 3 steps and the interview should have been the third step. He should have been issued a visa during the interview. We did everything right, took all the background checks and more in case, yet the consulate decided not to issue him a visa.
    I did not use direct consular filing.

    Leave a comment:


  • Brit4064
    replied
    Good advice from Aroha. The squeaky wheel gets oiled first

    Leave a comment:


  • Aroha
    replied
    There could be a few reasons why you were asked to do that, Dawn. It may have been that you weren't actually eligible to use Direct Consular Filing (if you did), or it could be that they felt your situation wasn't stable enough and even with the joint sponsor, there was a risk that he would become a public burden. In reality, you'll probably never know the exact reason why.

    I also think you've read it wrong where it says it takes 2 months, Dawn. If anything, that would only be for the approval of the I-130 which is not a visa and those timeframes are a guide, not a guarantee. Trust me when I say that 8 months to the interview is fast - I didn't get my green card for about 16 months after first applying and we'd been married for over 9 years!

    In everything immigration, it's a hurry up and wait situation. Even FOIA requests rarely yield results with those guys. My only real suggestion would be to contact your local representatives and/or Senator. Odds are that they'll find out little to nothing, but sometimes it just takes a little nudge to get the ball rolling again.

    Leave a comment:


  • dawnoffawn
    replied
    Thank you, Aroha. I meant complaining to the USCIS. It took 8 months since the approval for the interview. In the immigration website, it states it only takes 2 months. As I've stated, the consulate only gave the reason for the denial was that I need to return to the US and establish domicile in order for my husband to be issued a visa. Also, the consulate is the one who stated that I will get a speedy reply from them, and that is why I was required to send a prepaid express envelope with my documents of proof. The consulate did not give me a way to contact him and the embassy never responds to my emails.

    Leave a comment:

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