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  • Board of immigration appeals..

    Our I-130 (marriage based) got denied from our district office. We are the Appeal infront of the BIA. Can anyone tell me how long is it taking for the BIA to reach decissions. And also how are chances are to get an approval there?

    God is our witness that our marraige is bonafide. We have all our assets together. They just have been ridiculous in our case. Even our lawyers havent seen such a case!

  • #2
    Please tell us more. Why have they denied your case?


    • #3

      This is what I'm scared most...some of the interviewer might have 'PMS' or moody or have personal problems and bring it to the interview! Sometimes this is not only about evidence, but depends on the interviewer. By the way, can you tell us what is the reason it has rejected. What is the evidence that you brought with you?


      • #4
        to Me2: that is exactly what happened in my frist interview. unfortunately the officer seemed to have a lot of character flaws and complex. I am from middle east and she hated her mother-in-law who was from my home country. could I ever get luckier. only a cancer could be worse than this


        • #5

          please tell us more.


          • #6
            To me2.
            Com'on there must be a reason, If you write what kind of evidence you provided we will let you know your chances In BIA, usually takes couple of months to answer.
            Please also provide any other factor you think officer think that your marriage is not bonafide.
            Let me tell you one case (a friend of mine), I-130 was approved in april. It was marriage after deportation proceedings she is 19 years older then him. She was on welfare before marriage. They married on may2002 and file for I-130 , RFI was issued in last oct to send supporting documents. they send all the supporting evidence including picture, eating in kitchen, relaxing in bed watching TV, etc, of course insurance and bank statement when her name was added to Joint bank account, and A letter from SS office for last name change.
            Ther were no Interview held.
            Its a discussion, not a legal advise..


            • #7
              when we got the initial intent of denial, they had 18 points on the letter. Stupid sutff like you said your wife was wearing red dress on her marriage and she said she was wearing a burgundy dress.

              THERE WAS NOT EVEN ONE point which was credible to prove the marraige was not for the right reasons! When we appealed to that providing EVERY explaination to the officer.

              Now the officer refused the I-130 on all different grounds. We gave a lot of proof of our marraige being bonafide.

              Rings purchased before I was put into proceedings, Joint accounts, letter from SS stating she got her name changed, a car we purchased in both names, utility bills in both names! Affidavtis from both of our familes..

              But the still refused it. My lawyers say they have never seen such a case where they have been so difficult, even though they were provided so much evidence!

              Now the next step is the BIA. I jsut want to ask how reasonable are those guys? My lawyer say they arent that reasonable too? Please if anyone can share their experience...


              • #8
                Mohan, what happened to your friend then? I am not clear which one was your friend though (is it the he or she?) Did they apply for AOS before the judge?

                Let me ask you, when do you get the proceedings terminated? At the individual hearing when AOS is approved? or after you get your greencard in hand?

                And what will happen at the individual hearing? Ours is Nov 6th and the judge demanded to see our attorney who participated on the phone during the entire proceedings history. Why is that? Are they going to come on us hard?
                SEMPER VIPER / Army Strong!


                • #9
                  I think Tommy is Bushmaster in disguise.


                  • #10
                    I think you seriously need a brain!

                    [This message was edited by Bushmaster on August 11, 2003 at 10:13 PM.]
                    SEMPER VIPER / Army Strong!


                    • #11
                      You are probably going through the wrong process. Have you seeked any real legal advice on how to proceed. I would never recommend awaiting the BIA decision. You should file a new I-130, and take the steps this time to make sure it gets approved.


                      • #12
                        I was thinking about the same thing today after I learnt Tommy's situation, what are the requirement to file a new I-130? What are they going to base the new one on? What if they come across the same adjudicator?
                        SEMPER VIPER / Army Strong!


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