Would failed immigration though failed affect immigration through family reunion case.

K

kamejokoday

New Member
Hi,

My wife and I has been married for 3 years and counting. She came over to the US for about 3 times and we got married the last time she was here. We've been waiting for approval for her and my step son's immigration to go through but for "lack of evidence", we got denied. I contacted the office of my governor and got them to open the case again and recently i got mail telling me the case has been moved to the immigration office of the department of justice and asked if i want a lawyer to represent me.
1. Should i get a lawyer to help me in this case?
2. My wife's brother already sponsored her to immigrate to the US since May of 2001 so next year, her case will be processed. If our immigration through marriage fail through, would that affect her brother's case
3. Does anyone else have the same experience before?

All advices and suggestions would be deeply appreciated.

THanks
 
Can you elaborate on "Lack of Evidence".
Her brother's I-130 can run with the one you have filed with no effect on it, that petition will be adjudicated on its own merit when a Visa number becomes available. If at that time she is still a non immigrant with no Overstay in US and other stipulations.
 
kamejokoday said:
1. Should i get a lawyer to help me in this case?
Click to expand...
Depends on the specific reason for denial. Have you been interviewed? Did you fail to provide the requested evidence at the interview, or otherwise mess up in the interview? Does she have a criminal record, and failed to provide the necessary court documents?
 
That's a good question "lack of evidence", that's what they gave us.

We haven't had an interview yet, she left to go back to her country since she still has a small kid there.

She doesn't have any criminal record.
 
What evidence did you include with the application? What was denied, the I-130 or the I-485 or both?

Did she file I-485, or did you select consular processing? If the I-485 was filed, did she have an approved Advance Parole before leaving the US, or an H1B or L1 visa?

Are you a US citizen?

Your answers to the above questions will determine your options to proceed.
 
Last edited by a moderator:
Hi

Thanks for all your help

We applied for an I-485 but we never got approved before she left for her country. I know that was stupid of us but our son (my step son) is still little so she has to take care of her kid.

I'm a US citizen
 
If you don't answer my other questions I won't have enough information to figure out what the available options are for you.

One more question: Has she ever overstayed a visa, or entered the US illegally?
 
Last edited by a moderator:
You must log in or register to reply here.
Top