parent/child I-130 eligibility under section 245i

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zeboalf

Registered Users (C)
I married US citizen from 1996 and divorced in 2003. filed I-130 in 1997 but was denied for wife no show in 2004. i filed I-130 with my US citizen mother in 2003 and was approved in 2005. I waited for processing time for 7 years and finally went for interview in Sept 2, 2010. I'm filing to adjust under 245i. the interviewer was very strict, she did not say anything about the paperwork for I-130 with my mother but requested evidence that my previous marriage, which is basis for 245i, was legit. I thought that all i had to have is an approved case before April 2001 to benefit from 245i. another interview is scheduled for Sept28. what evidence can i provide to satisfy her? PLEASE HELP
 
No you have to prove that the basis of that approval which in your case is a marriage to a USC is legit, if you are unable to prove that or have some what of a evidence than this un co- operative DAO may turn into your worst nightmare.
I suggest you should get a good attorney right away, that DAO if not satisfied may start the process to revoke the approval of that I-130, your basis of 245i, opening a pandora box for you, this might get serious, don't take this lightly. They are highly suspecting your marriage because of that no show.
 
namecheckvictim said:
I suggest you should get a good attorney right away, that DAO if not satisfied may start the process to revoke the approval of that I-130, your basis of 245i
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245i relief is not based on the approval of a previous immigrant petition, merely its filing, provided it was not frivolous. The original I-130 was never approved I'll bet (they are typically only approved at the interview) but it's the bona fides of the marriage that the examiner is questioning. Is there proof of shared residence, tax returns, etc?
 
my ex-wife took all pictures with her when she left...i only have a few pics of the wedding, with friends in the house and out in the park...can't find the rest...i have joint bank statements, coned bills, verizon bills, joint credit cards, magazines under her name with same address, tax returns of 97/98/2000 filed married but seperate returns (IS THIS A PROBLEM ?)...i'm also speaking to friends that knew us to provide affidavits of support letter explaining that the relationship we had was legit and also a letter from landlord stating that we lived together in the same appartment...speaking of attorney I have one for more than 7 years who did the case and he failed to recognize this trap before going to the interview (should i get another one?) Please Help...I have been in this country since 1992 and have nowhere to go
 
zeboalf said:
my ex-wife took all pictures with her when she left...i only have a few pics of the wedding, with friends in the house and out in the park...can't find the rest...i have joint bank statements, coned bills, verizon bills, joint credit cards, magazines under her name with same address, tax returns of 97/98/2000 filed married but seperate returns (IS THIS A PROBLEM ?)...i'm also speaking to friends that knew us to provide affidavits of support letter explaining that the relationship we had was legit and also a letter from landlord stating that we lived together in the same appartment...speaking of attorney I have one for more than 7 years who did the case and he failed to recognize this trap before going to the interview (should i get another one?) Please Help...I have been in this country since 1992 and have nowhere to go
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IMO, you have pretty good evidence if you can get all those affidavits that you have listed, Tax returns might raise a eye brow because for most of the people it's beneficial to file together and not filing together is sort of a red flag, If I were you I will not provide the returns unless asked to.
 
I'm getting a few affidavits but should I have then notarized. Also is there a special format for the landlord letter
 
zeboalf said:
I married US citizen from 1996 and divorced in 2003. filed I-130 in 1997 but was denied for wife no show in 2004.
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You waited SEVEN YEARS for an interview based on marriage to a US citizen? Was your ex-spouse already a US citizen when the I-130 was filed in 1997?
 
Jackolantern, my wife is born in US and YES she was a US citizen when the I-130 was filed in 1997 but like a side the interview was in June 2006 and we were divorced in Dec 2003
 
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