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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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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