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I130 denied. Need clarification on denial reason.

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  • I130 denied. Need clarification on denial reason.

    Hello guys, please I need some insight.

    I'm the beneficiary of an i130 petition and two years ago we received a NOID. Reason given in the NOID was "the marriage was a marriage of convenience entered into to circumvent the laws of the US". With the aid of counsel we responded with a strong rebuttal. A year later we were officially denied but this time around, reason given was "based on the review of testimony and documentation, USCIS finds that you have not meant your burden of proof in demonstrating the bonafide nature of your marriage by a preponderance of evidence. Therefore USCIS denies your form i130.

    ​​​​​​
    1) Does the INA 204c bar apply here given the denial reason was clear and didn't mention "sham marriage, fraud marriage etc".

    2) Does the denial letter have to expressly state a fraud finding as the reason for denial if there is one?

    3)If we provide preponderance of evidence (which we lacked in the denial reason) would that be enough or are we subject to the clear and convincing standard of proof if we apply again? (we are still happily married)


    Thank you.
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  • #2
    They did not believe that you marriage is real??? How ? Did you provide all proof? Pictures, documentation etc?
    12/26/19 at USCIS Chicago, IL
    1/6/20 Card cashed
    1/13/20 4 hard copy receipts
    1/17/20 biometric app scheduled
    1/29/20 Biometric done
    1/30/20 I485 I765 shows fingerprints were taken
    2/18/20 text msg for RFIE
    2/22/20 hard copy of RFIE for birth certificate
    2/22/20 RFIE express overnight
    2/26/20 RFIF received updated
    04/02/20 case is ready to be scheduled for an interview
    04/06/20 called to expedite combo card

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    • #3
      I would suggest you take a lawyer with you,since this is your second chance

      Comment


      • #4
        Yes we provided a huge stash of documentation. Unfortunately, when you get an NOID, it's extremely hard to get a successful rebuttal. It usually ends in a denial. We have re-filed again and have our interview coming up next month. We have way more documentation this time. Hopefully we get it. It's been four years since we filed our initial petition.



        Originally posted by NYCgirlie View Post
        They did not believe that you marriage is real??? How ? Did you provide all proof? Pictures, documentation etc?

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        • #5
          Hello Amber, yes I would be going with my lawyer this time around. Thank you for your response.

          Originally posted by Amber2421 View Post
          I would suggest you take a lawyer with you,since this is your second chance

          Comment


          • #6
            The denial notice should briefly explain the reason for the denial. If the reason is unclear or you need more information, you can contact the USCIS or consult a qualified immigration attorney or find a laywer​.
            An experienced immigration attorney can review your case, help you understand the reason for the denial, and advise you on the best course of action to take. They may recommend filing an appeal, submitting a new application, or exploring other options for obtaining your desired immigration status.

            Remember, immigration law can be complex and confusing, so it is important to have a knowledgeable and experienced legal professional on your side to help you navigate the process and protect your rights.
            Last edited by zeeshan32; 03-03-2023, 02:04 AM.

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