Interesting case that went from a FB2 to an F1, to an F3, and then I-130 was denied.


New Member
I have a peculiar case where my family is stuck and would very much appreciate some feedback from this forum. The timelines.

1. - Father - Permanent Resident submits I-130 for his daughter who lives in Mexico, in February of 2001.

2. - Daughter is 23, and not legally married at the time the application was submitted (more to come on this)

3. - I-130 is approved in June of 2006. Case is sent to NVC. Assigning it to the FB2

4. - Father becomes a US citizen in September of 2006. He sends the update to USCIS and NVC. Daughter is now in F1 category.

5. - Fast forward to last year (2022). The visa number becomes current. Paperwork is sent into NVC to prepare for the process.

They notice the following marriage situation for the daughter:

a) Daughter was first married in 1992. Marriage did not last more than a year, husband moves out of the country before a divorce or annulment occurs.

b) Daughters marries a second time in 1995 (not legal since Mexican law prohibits 2 marriages at once). This marriage is legally annulled as of the marriage date.

c) Daughter is able annul first marriage in 1999 , but we missed to include this in the paperwork we sent in originally to NVC.

d) NVC took the case to administrative proceedings, and then sent it back to USCIS.

e) USCIS sends a "Notice of Decision" and the approval of the I-130 is revoked. They are not allowing for additional explanations or proof. The letter also mentions there is no appeal process.

Our question here is:

Since the Daughter was not legally married at the time of the application, and we were unable to present missed facts, is there any way forward with this case? Perhaps a civil lawsuit to USCIS? The reason is 20 years of wait if a new I-130 is filed.

Thanks for the input in advance.