urgent help please

theurn2000 said:
whats the story of the appeal how long dose it take and whats the story thats alwayes the deny it?
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The first step would be to file a Motion to Reopen for the I-130 (but not for the I-485, because it's dead no matter what). Within 1 or 2 months they'll either reject the motion, or put the case back into pending status. After it's in pending status, they might approve it immediately, or take another few more months. Then once they approve the I-130, file I-824 to transfer it to the US embassy in your country.

If the Motion to Reopen failed, she would appeal it at a higher level. That can take several months, sometimes more than a year, so if the motion fails it may be faster and cheaper to just file a new I-130.
 
i hire new lawyer but untill now he said there is somthing going on coz we didnt recive any i130 untill now it almost 15 left to do somthing but no letter other than the i485 denail based on no visa avilable coz of deny of i130 but whats the story her?
 
Ask your wife to make an Infopass appointment with USCIS to find out the status of the I-130, and if it's denied she should ask what is the reason for denial.
 
first they said that they refuse the i130 coz we didnt prove our marrige 2- now the lawyer said its better if we apply new i130 again
i want to know what are my chances with the new application since they said interview quastion where diffrent and i want to know what are my chances what i do im lost now with all the things going on and will they give the 2 year gc or 10 gc please help?
 
and other thing what if i send them a request to reconsider the descion they made would it be better faster cheaper
 
Filing a Motion on a denied I-485 is a waste of time when the basis is a denied I-130. Your I-485 was not only denied for a denied I-130 but also because you are deemed to have abandoned it because you are abroad and can't come back (you overstayed your Advance Parole).

While a feasible I-485 that is denied for failing to prove a bona fide marriage can be appealled to the AAO, a seperate I-130 that is denied and not connected to a valid I-485 falls into the appellate jurisdiction of the BIA. The BIA has a HUGE backlog, it is wiser to just file a new I-130 and hope it gets a approved at the Service Center by a different USCIS Officer. Then you interview alone with a Consular Officer. Upon entry, the marriage should be old enough to afford a 10 year card. IF the marriage ends abruptly after entry, the Government can come after you later because an Immigrant Visa issued by the State Department can be voided, revoked and cancelled even years later. Google for "pedro and salvacion servano" and see what can happen even after 20 years of thinking you "got away with it"

An I-290B Motion is more expensive than a new I-130. A BIA appeal is cheaper but takes a heck of a lot longer.
 
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bigjoe what are the chances to approve out side in case like mine and im the only one interviewed or both of us ? will they open the old file ? will they try to abuse me ?what evidance i have to send since i dont have any new worth evidance to send im out side the country thnks man? and whats the proces of this new i130 like its new its like i never send and will they ask for a reason for sendindg new one?
 
theurn2000 said:
bigjoe what are the chances to approve out side in case like mine and im the only one interviewed or both of us ? will they open the old file ? will they try to abuse me ?what evidance i have to send since i dont have any new worth evidance to send im out side the country thnks man? and whats the proces of this new i130 like its new its like i never send and will they ask for a reason for sendindg new one?
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can u answer this one please sir and thanks again bigjoe
 
theurn2000 said:
bigjoe what are the chances to approve out side in case like mine and im the only one interviewed or both of us ? will they open the old file ? will they try to abuse me ?what evidance i have to send since i dont have any new worth evidance to send im out side the country thnks man? and whats the proces of this new i130 like its new its like i never send and will they ask for a reason for sendindg new one?
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Yes, they will check for other files (give then your A#). No point in trying to hide as THAT in itself would look very suspicious. SHE cab file a new I-130 and say that it is easier and faster than bothering with an appeal.

Your biggest problem with the original case was to depart and stay away so long....her poersistence to try to get you back will count in favor of approving the I-130 second time around. have you two seen each other since you departed? In your country or a 3rd country? have you two been in frequebt contact by phone, e-mail, video conferencing? How long had you known each other before marrying? How long did you live together before and/or after marrying? Are you an oddball couple greatly different in age, religion, culture, education, and socio-economics?

Pretend that YOU have to decide the I-130. As the USCIS Officer, how would YOU decide the case considering all the above factors in light of the answers to those questions? All that the I-130 determines on its own is "Do the documents prove a legal marriage?"

The Consular Officer may or may not question the validity of the marriage. That is a whole seperate issue and process. The USCIS tells the DOS, yes the marriage is legal---the DOS checks to make sure that you are admissible as an immigrant (no bad criminal issues, no connections to terrorism or any other national security threat, no past immigration violations.)
 
so u say that if i was asked to go interview in the counsler in jordan this mean that the uscis agree and said that they approve the marriage and they check my background , so all my approval is depend on them when they accept the i130 the new one and when im called for counsler interview this mean im in safe side or what u meant ?
 
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