ok, 130 denied, but reasons very subjective, who to notify?

J

JackDan

Registered Users (C)
hello. I have to admit I feel kind of relief that a part of this mess is behind me. 4 years in the system with no response, now we came to a letter of denial.

what upsets me the most is that DAO was extremly subjective in opinion and intentionally ommitt most of the evidence we provide in NOID (mentioned NOTHING at all, just skipped) and focused on totally different aspects, such us my wife (USC) tax returns, etc. that in objective mind would have nothing to do with my marriage being whether genuine or not.

DAO also confuses facts, dates, places, people in both notice and final denial letter making me and my wife looks like serious criminals but at the same time dooms herself by personal contradicts NOID vs decision.

You can call me crazy, but the letter is subjective to the point that we decided to write USCIS a petition to rewind decision and forward our chart to a more experienced DAO for a new opinion.

I dont really believe it will happen (although in the past there were decisions made after approval/denial of green card made by district director that changed final decision regarding the file), but at this point we feel very frustrated with USCIS (there are some nasty lies on USCIS part as well which puts our case in a new perspective that DAO would go that far!).

We are finishing writing letter step by step calmed down and objective. At this point we want to CC our letter to some head guys nationwide so our letter is not being thrown into garbage by district director but at least be read so later on if other complains came to this DAO, district director may see it is not always applicants fault.

This is the list of CCs: 1) district director 2) DHS Napolitano 3) DHS Complaint Department 4) 3 supervisors that worked before on our case - DHS Whashington 5) 2 FL senators (both R&D), 6) Michelle Obama (our case at some point took a nasty racist turn and we at least want to submit our file to White House)


I have to say I kind of seen this coming since we "threated" them with mandamus and upset USCIS and force them to digg out the file that was 4 years old and nobody was willing to take a responsibility to do a job and complete it (approve)

Please let me know your thoughts of any other organisations you think we should notify (civil rights, etc). We were thinking about local newspaper and TV, but at that point this may rather hurt than help, since district director knowing media are involved may decide to "stick" to DAO opinion and deny our petition rather than "go ahead" and agree with it.
 
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Can you post some of the wording of the denial letter?

I hope you've contacted a lawyer to prepare for an appeal.
 
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Oh, boy, that's just awful! And with 4+ years of marriage - it's just hard to believe... :(

I'd definitely write the complaint to everyone in CIS and apply for appeal too! Good luck!
 
uscis ombudsman office.

And make sure every letter contains all the folks that the copies are going to. This way everyone know how far up the chain you are complaining.
 
thomas_psu said:
Wouldn't that just trigger the same set of issues again?
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Perhaps, but in an appeal you have the added burden of demonstrating that USCIS made an incorrect decision based on the evidence, and you cannot introduce new evidence (AFAIK). A new case doesn't operate under the same limitations.

A new case might also go MUCH faster than the AAO or BIA, never mind a federal court appeal, and would probably be cheaper.
 
TheRealCanadian said:
Perhaps, but in an appeal you have the added burden of demonstrating that USCIS made an incorrect decision based on the evidence, and you cannot introduce new evidence (AFAIK).
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However, that isn't terribly difficult when USCIS was in the wrong. The appeal boards and courts tend to have a less petty and more consistent view of things.

And because the denial based on a supposedly fake marriage, the I-130 instructions indicate that another I-130 for the same immigrant spouse is not allowed. Which would mean the only option is an appeal.
 
Jackolantern said:
And because the denial based on a supposedly fake marriage, the I-130 instructions indicate that another I-130 for the same immigrant spouse is not allowed. Which would mean the only option is an appeal.
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RealCanadian (and other gurus), what can you say about above?
My understanding was that once I130 is denied you cannot just simply reapply?

If you do so, can you still get AP/EAD?

Question regarding petition to reopen/reconsider (since we can add alot of new evidence we simply hadnt had a chance to gathered within 30 days plus on some parts DAO is coming up with wrong conclusion confusing some simple facts): our denial says if you want apeal you can do so (EIOR-29) BIA. However, the motion to reopen form I-290B states: "... any type of proceeding over which BIA does not have appellate jurisdiction". Does this simply mean we cannot submit motion to reopen??
 
DanielFL said:
My understanding was that once I130 is denied you cannot just simply reapply?
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Yes, you can. Denial of an I-130 is not a bar to re-filing.

I'm not familiar with appeals, but if you have new evidence you may want to consider filing a new I-130, providing new evidence and anything else useful to counter the first denial. And yes, an attorney would be a good idea too.
 
TheRealCanadian said:
Marriage fraud prevents a new I-130. Insufficient proof of the legitimacy of the marriage does not equal marriage fraud.
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how do I find the official reason for denia? it says denied under section 204 (c). I cant locate lowercase "c" in INA 204 main tree.
 
I think this is 204(c) : "No petition shall be approved if the alien has previously been accorded a nonquota or preference status as the spouse of a citizen of the United States or the spouse an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading immigration laws"
 
thomas_psu said:
I think this is 204(c) : "No petition shall be approved if the alien has previously been accorded a nonquota or preference status as the spouse of a citizen of the United States or the spouse an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading immigration laws"
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you "think"? because I could not find it in INA.

If it is that DAO did not believe evidence we provide to contradict my wife's marriage with different alien years ago, then this petition would have been denied based on a marriage entered not in a "good faith" -- is this the same as marriage "sham"? -- if not, then I130 could be reapplied?
 
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I wrote think because I am not a lawyer and I found this on the web (on US DoJ website). I wasn't sure if this is absolutely the right one.

Google this search query as is: immigration and nationality act + "204(c)"
 
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