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My wife and I were very happy. Since 2022 we have been waiting for approval for the I130 and I485.
Timeline
I130 and I485 submitted same time (Paid Document Preparer) 01/21/2022
Biometrics (Used from previous work permit)
Interview 10/27/2022
months later and 3 calls in to file tickets to check status of the case...
08/09/2023 Notice of Intent to Deny I-130 for the following reasons (Copy and Pasted names omitted)
Any pre-existing valid marriage is a bar to recognition of the current marriage on which the spousal petition is based. See Matter of Nwangwu, 16 I&N Dec. 61 (BIA 1976). The evidence in the record does not establish that all of the beneficiary's prior marriages have been terminated, dissolved, or annulled. The following marriage(s) are in question:
On or about April 22, 2014, "MY WIFE" submitted an application for a non-immigrant visitor visa (B1/B2). On her application, she listed her marital status as "Legally Separated." On that same application, she listed her spouse as "FORMER PARTNER". "MY WIFE" was issued a B1/B2 visa on May 27, 2014. The visa is valid until May 22, 2024.
When "MY WIFE" was asked about her relationship with "FORMER PARTNER", she testified that she and he lived together for fifteen years but were never legally married. She further stated that their relationship ended about twelve years ago (2010). However, it is unclear if she and he were never legally married why she would state on her visa application in 2014 that she and he were legally separated.
"MY WIFE" failed to disclose this prior marriage on her Form I-485 and you did not list it on the Form I-130 you filed on her behalf. The evidence is insufficient to establish that the beneficiary's prior marriage to "FORMER PARTNER" was properly terminated, dissolved, or annulled. As it appears the beneficiary was not legally free to marry, your marriage is invalid and your petition cannot be approved.
NOID Resolution... (We did this part ourselves without aid from and attorney)
We filed paperwork "Liquidation of Common Property" (from Colombian government) showing it was not a marriage but a common law marriage "Union Martial de Hecho" and then filed the proper certified translation of the documents. We also submitted a sworn state from the "FORMER PARTNER" that they have never been married and corroborated the testimony she gave at the interview was accurate and honest. My wife also submitted a statement. Actual statement below (names omitted) All above documents were notarized.
"MY WIFE" had a misunderstanding of the legal term "legally separated". "MY WIFE" was believing that her common law marriage or "Union Marital de Hecho" has ended and she was now legally separated from her common law husband "FORMER PARTNER". Selecting divorce on the Visa was not accurate as there was never marriage or marriage certificate filed. "MY WIFE" selected "legally separated" understanding that the civil union or "Union Marital de Hecho" was dissolved and she is no longer was legally bonded or cohabitating with "FORMER PARTNER"
09/05/2024
We were so happy. We received a I797 telling us the I130 was approved. In another envelope we got news that the I485 was requesting Request for Evidence dated 09/25/2024.
The VISA filed in 2014 she listed her marital status as legally separated (flash back to the NOID). This found her inadmissible under 212(a)(6)(C)(i) Fraud Misrepresentation, misrepresenting herself to Consular Officer when applying for the B2 VISA. Misrepresentation on form I-589 stating SINGLE status and for I-485 form you were asked about your relationship with "FORMER PARTNER" and you stated you lived together but were never legally married.
Now they are Requesting Evidence (by early December) and asking us to file a I-601 Application of Waiver of Grounds of Inadmissibility.
We checked I-485 status online and shows, 9/5/2024 I-485 is actively being reviewed and nothing is outstanding at this time.
Sorry for all the information but I wanted to be clear on the timelines and reasons for denial. The following are my questions.
Was the NOID for the I-130 for the same reasons as the RFE for the I-485? (I copied and pasted the exact reasons from the NOID and RFE)
Would USCIS not see the I-130 NOID evidence we uploaded and use that for the I-485 since they were filed at the same time?
The evidence submitted for the I-130 NOID was sufficient to overcome the reason for filing legally separated on the 2014 VISA and showing no prior marriage. Would it also show there was no fraud when submitting due to misunderstanding (better explained in the last paragraph of my wife's NOID Resolution statement above)? Since there was no INTENT to defraud or mislead?
We just had a beautiful daughter and my wife is staying home to raise the baby and we are now a one income household so we are trying to handle this ourselves without retaining a lawyer if possible and since we were successful with the I-130 NOID.
Thank you so much for your time and responses. All responses will be treated as opinion and not legal advice.
Timeline
I130 and I485 submitted same time (Paid Document Preparer) 01/21/2022
Biometrics (Used from previous work permit)
Interview 10/27/2022
months later and 3 calls in to file tickets to check status of the case...
08/09/2023 Notice of Intent to Deny I-130 for the following reasons (Copy and Pasted names omitted)
Any pre-existing valid marriage is a bar to recognition of the current marriage on which the spousal petition is based. See Matter of Nwangwu, 16 I&N Dec. 61 (BIA 1976). The evidence in the record does not establish that all of the beneficiary's prior marriages have been terminated, dissolved, or annulled. The following marriage(s) are in question:
On or about April 22, 2014, "MY WIFE" submitted an application for a non-immigrant visitor visa (B1/B2). On her application, she listed her marital status as "Legally Separated." On that same application, she listed her spouse as "FORMER PARTNER". "MY WIFE" was issued a B1/B2 visa on May 27, 2014. The visa is valid until May 22, 2024.
When "MY WIFE" was asked about her relationship with "FORMER PARTNER", she testified that she and he lived together for fifteen years but were never legally married. She further stated that their relationship ended about twelve years ago (2010). However, it is unclear if she and he were never legally married why she would state on her visa application in 2014 that she and he were legally separated.
"MY WIFE" failed to disclose this prior marriage on her Form I-485 and you did not list it on the Form I-130 you filed on her behalf. The evidence is insufficient to establish that the beneficiary's prior marriage to "FORMER PARTNER" was properly terminated, dissolved, or annulled. As it appears the beneficiary was not legally free to marry, your marriage is invalid and your petition cannot be approved.
NOID Resolution... (We did this part ourselves without aid from and attorney)
We filed paperwork "Liquidation of Common Property" (from Colombian government) showing it was not a marriage but a common law marriage "Union Martial de Hecho" and then filed the proper certified translation of the documents. We also submitted a sworn state from the "FORMER PARTNER" that they have never been married and corroborated the testimony she gave at the interview was accurate and honest. My wife also submitted a statement. Actual statement below (names omitted) All above documents were notarized.
"MY WIFE" had a misunderstanding of the legal term "legally separated". "MY WIFE" was believing that her common law marriage or "Union Marital de Hecho" has ended and she was now legally separated from her common law husband "FORMER PARTNER". Selecting divorce on the Visa was not accurate as there was never marriage or marriage certificate filed. "MY WIFE" selected "legally separated" understanding that the civil union or "Union Marital de Hecho" was dissolved and she is no longer was legally bonded or cohabitating with "FORMER PARTNER"
09/05/2024
We were so happy. We received a I797 telling us the I130 was approved. In another envelope we got news that the I485 was requesting Request for Evidence dated 09/25/2024.
The VISA filed in 2014 she listed her marital status as legally separated (flash back to the NOID). This found her inadmissible under 212(a)(6)(C)(i) Fraud Misrepresentation, misrepresenting herself to Consular Officer when applying for the B2 VISA. Misrepresentation on form I-589 stating SINGLE status and for I-485 form you were asked about your relationship with "FORMER PARTNER" and you stated you lived together but were never legally married.
Now they are Requesting Evidence (by early December) and asking us to file a I-601 Application of Waiver of Grounds of Inadmissibility.
We checked I-485 status online and shows, 9/5/2024 I-485 is actively being reviewed and nothing is outstanding at this time.
Sorry for all the information but I wanted to be clear on the timelines and reasons for denial. The following are my questions.
Was the NOID for the I-130 for the same reasons as the RFE for the I-485? (I copied and pasted the exact reasons from the NOID and RFE)
Would USCIS not see the I-130 NOID evidence we uploaded and use that for the I-485 since they were filed at the same time?
The evidence submitted for the I-130 NOID was sufficient to overcome the reason for filing legally separated on the 2014 VISA and showing no prior marriage. Would it also show there was no fraud when submitting due to misunderstanding (better explained in the last paragraph of my wife's NOID Resolution statement above)? Since there was no INTENT to defraud or mislead?
We just had a beautiful daughter and my wife is staying home to raise the baby and we are now a one income household so we are trying to handle this ourselves without retaining a lawyer if possible and since we were successful with the I-130 NOID.
Thank you so much for your time and responses. All responses will be treated as opinion and not legal advice.
