MTR pending for 16mos. after denial of I-130/485

J

jabezprayer

Registered Users (C)
Hi,
I am a USC and sponsored my husband, H-1B at that time, to GC in Oct. 2004. My attorney filed MTR/Appeal in hand to the officer who denied our application, then no signal from CIS. Contacted to Senator, and CIS replied to the Senator as status as "pending for MTR" due to back ground check processing as of July 2007 on the letter from a liaison officer. My attorney asked us to submit I-765 since the other liaison officer replied to him via email that the status is pending for I-485. We had filed I-131/765 last year when the officer let us do that via email. However she never touched anything about the case submitted for MTR, then 2 apppications were denied due to no adjudication pending. She screwed up both my attorney and us. I really do not know if we file I-765 for now. Please advise, it has been 16months for waiting to grant MTR.

Sincerely,
Jessica
 
REason for denial

The issue was a sham marriage, but it was not. His ex-wife was pregnant with another man accordingly just before marriage. He was told after the marriage also she was aware of then, and she refused to abortion due to her religion. This resulted in non-viable marriage life between them. During RFE after initial interview they entered to divorce because of other conflicts about the baby though they had prepared enough pictures and other family members' affidavits. And he withdrew the I-485 application at that time. Also the officer who retired now sent a letter that the withdrwal shall not affect any further immigration application for future, so he decided at that ime. The preparation was submitted to the officer who tried to intent to deny against my petition, but it did not work.
However, then his ex-wife also submitted affidavit that the marriage was bona-fied when subitted MTR/Appeal
 
Last edited by a moderator:
jabezprayer said:
The issue was a sham marriage, but it was not. His ex-wife was pregnant with another man accordingly just before marriage. He was told after the marriage also she was aware of then, and she refused to abortion due to her religion. This resulted in non-viable marriage life between them. During RFE after initial interview they entered to divorce because of other conflicts about the baby though they had prepared enough pictures and other family members' affidavits. And he withdrew the I-485 application at that time. Also the officer who retired now sent a letter that the withdrwal shall not affect any further immigration application for future, so he decided at that ime. The preparation was submitted to the officer who tried to intent to deny, but it did not work.
However, then his ex-wife also submitted affidavit that the marriage was bona-fied when subitted MTR/Appeal
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Wouldn't it have been better to just close the case and start all over again.. especially since he withdrew the application?
Sometimes this works better than trying to appeal a denied case.
 
That's what we thought. He withdrew the first one, not at this time. But our attorney was opposed to refile again because the denial persists if we close this application...
 
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