Sending the I-130

[TheMace]

My wife and I were white slipped in July, Not a boni fide relationship. So in October I returned to China and we were married. Now it's time to send in the I-130. in my updated evolution of relationship should I include the forms for additional information we were given to complete and return to GUZ I have listed on the I-130 that I had petitioned for a visa before (our I-129F) and stated the reason for denial. and that we had to submit additional personal information concerning my ex-wife which we did and were then given the white slip. So should I send a copy of all these additional request forms GUZ had us submit or just leave it at we petitioned for an I-129 and were denied? My wife was total confused at the end of the interview. She knew pink was very good, blue not so good, and white very bad, so when the VO handed her one of each color she did not know what was happening, and as the VO handed her these slips the VO told her I was not free to marry her. Now I don't know why the VO said this. My divorce was final in november of 2007 and as I said her interview was in july of 2008

[BrokenHeart]

You treat the I-130 as a brand new never before applied for application. Where it says have you ever applied, naturally you say yes and give the reason "not a bonifide relationship" and thats it. Only send them documents they want. Its all in the system they know all.

[Sebastian]

There's a lot you can do for front loading.

 

I suggest you don't include ANY forms that were given to you from GUZ.

 

I do suggest that any issues you addressed with info submitted for these GUZ forms - you rework these answers into data points for an evolution of relationship letter.

 

The whole point of front loading is two-fold:

1. if USCIS sees it and approves it, then there's not (in many ppl's opinions) an issue with *that* topic at GUZ.

2. GUZ sees it prior to interview day.

 

I would suggest that you do not submit 100 percent of what you submitted for the I-129F, instead, you should rework the G-325A forms on you, and your wife, to show the 'official dates' of things. But the I-130, IMO, is a 'larger' set o documents, so IMO, a total rework of your supporting documents and evidence will be required.

 

Also, anything that might be labelled 'proof of bonafide relationship' - hei - now's the time to submit it with the I-130. Make a copy of everything, in case you want to submit a followup K-3 via yet another I-129F. There's a longish list of what can be submitted. I also suggest you make a total copy of your passport (twice), and take those copies to your bank for free notary stamps, include one set into your 'relationship proof set' to show you've gone to china.

 

I'm not certain of anything else you submitted for your overcome package, so I can't really comment further.

 

If you'd like, we can set up a telephone call and go over your package contents, might save you some time. (No, I don't charge a fee for this)

 

My apologies for a long-winded answer - if it seems 'too much' at this time o day - hey - come back when the brain is clear.

Edited January 27, 2009 by Darnell (see edit history)

[chilton747]

This is the only opportunity you will have to rebut the failed K1. I suggest that you add an explanation as to why you feel you were denied and what you have done to correct it.

[peterd01]

There's a lot you can do for front loading.

 

I suggest you don't include ANY forms that were given to you from GUZ.

 

I do suggest that any issues you addressed with info submitted for these GUZ forms - you rework these answers into data points for an evolution of relationship letter.

 

The whole point of front loading is two-fold:

1. if USCIS sees it and approves it, then there's not (in many ppl's opinions) an issue with *that* topic at GUZ.

2. GUZ sees it prior to interview day.

 

I would suggest that you do not submit 100 percent of what you submitted for the I-129F, instead, you should rework the G-325A forms on you, and your wife, to show the 'official dates' of things.

 

I'm not certain of anything else you submitted for your overcome package, so I can't really comment further.

 

If you'd like, we can set up a telephone call and go over your package contents, might save you some time. (No, I don't charge a fee for this)

MACE

I also was white slipped (Oct 2008) after submitting additional info on my ex's. I plan on doing just about what Darnell has recommended.

 

BTW I saw the following qoute on one of Stepbrows posts "Avoiding Red Flags" by BilLing...about ex's

"If it's on your side, they have probably spotted something

in a data base. You play the where's the ex game with consulates.

 

If you've been divorced, are you still sharing

assets or debts with the ex or anyone else? Have you co-signed loans?

Is anyone living at your home or using your address for

anything? Does anyone have your address on the bank account,

cc's, voter registration, property records or drivers' license?

Is the phone in your name?

 

Those are the typical problems."

 

I found this kind of disturbing, I'm in pretty good shape for most of those items except for the voter reg. and drivers license, its kind of hard for me to do anything about those things now that we are divorced..

[peterd01]

What happened when you went to Chengdu to show divorce papers? From your timeline...

Edited January 27, 2009 by peterd01 (see edit history)

[TheMace]

The only thing I can think of that has my address on it is her (my Ex) driver's lic. In Massachusetts you only need to put your new address on the back of the lic, and that is legal until it comes time to renew the lic at which time the DMV changes the address in their system to the current address of the driver, our lic are renewed every 5 years. But she would have to have changed her address on her auto ins.. Other than that we had a joint savings account in her name, with me as an authorized person to deposit or withdraw. She removed me from that when we seperated (which was fine with me), and I am sure she changed her address on that as I never receive anything from that bank at my address. About the only thing I receive for her is junk mail. But I get mail for the family who used to own my house and I've lived here for over 10 years.

 

There's a lot you can do for front loading.

 

I suggest you don't include ANY forms that were given to you from GUZ.

 

I do suggest that any issues you addressed with info submitted for these GUZ forms - you rework these answers into data points for an evolution of relationship letter.

 

The whole point of front loading is two-fold:

1. if USCIS sees it and approves it, then there's not (in many ppl's opinions) an issue with *that* topic at GUZ.

2. GUZ sees it prior to interview day.

 

I would suggest that you do not submit 100 percent of what you submitted for the I-129F, instead, you should rework the G-325A forms on you, and your wife, to show the 'official dates' of things.

 

I'm not certain of anything else you submitted for your overcome package, so I can't really comment further.

 

If you'd like, we can set up a telephone call and go over your package contents, might save you some time. (No, I don't charge a fee for this)

MACE

I also was white slipped (Oct 2008) after submitting additional info on my ex's. I plan on doing just about what Darnell has recommended.

 

BTW I saw the following qoute on one of Stepbrows posts "Avoiding Red Flags" by BilLing...about ex's

"If it's on your side, they have probably spotted something

in a data base. You play the where's the ex game with consulates.

 

If you've been divorced, are you still sharing

assets or debts with the ex or anyone else? Have you co-signed loans?

Is anyone living at your home or using your address for

anything? Does anyone have your address on the bank account,

cc's, voter registration, property records or drivers' license?

Is the phone in your name?

 

Those are the typical problems."

 

I found this kind of disturbing, I'm in pretty good shape for most of those items except for the voter reg. and drivers license, its kind of hard for me to do anything about those things now that we are divorced..

[peterd01]

Yes I have been scratch'n my head on this for a while, it really chaps my ass to think I need to respond to this kind of flaky stuff when I got a certified divorce paper.

 

BTW...what happened when you went to Chengdu to show divorce papers..? from your timeline???

[LeeFisher3]

You should put together a document concerning the NOID with attachments and present your case. Not a rant, but a well thought out presentation of the evidence.

 

A copy of the NOA-2, the blue slip and white slip should be in the evidence along with what you submitted. What you are trying to do is address any and every issue brought up by GUZ that would be on the NOID and anything that might be brought up after a careful reading of the evidence you present. You want to follow each trail to the absolute end so there is no question left. Don't get carried away with this, but touch all the bases.

 

I would be sure to present information concerning the location of the ex's, where they work, live and anything that will show you are no longer together. Since GUZ hit on this provide as much as you can.

 

Also, for relationship evidence add some emails and pictures that span your entire relationship. Especially something heart wrenching from after the white slip and joyous after your marriage. Definitely write up an evolution (timeline) of your relationship from the first email to present day.

 

You have the opportunity to present this evidence for the USCIS to review and approve you with full knowledge of your situation, so prepare it well.

 

Be careful not to go overboard, you want enough to give them a full picture, but not annoy whoever must read it all.

 

Take a look at Marc Ellis's article, Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations.

 

If I was in your situation I would at the very least consult with Marc, he's a good guy and has a wealth of experience in these cases.

[Sebastian]

Lee - wow - you and I are diametrically opposed on a coupla things. OK - I'll do some more research, but I'm thinking that yer right.

 

Warmest Regards..

[LeeFisher3]

Lee - wow - you and I are diametrically opposed on a coupla things. OK - I'll do some more research, but I'm thinking that yer right.

 

Warmest Regards..

The NOID issue is going to come up so why not take the bull by the horns and toss it out of the way, GUZ made it the issue. The difficult part is not to make it a personal attack on GUZ, who probably deserves one.

 

Other cases have been delayed in the approval of an I-130, so by addressing the issue the USCIS might be able to approve these cases sooner, as if getting married after the NOID isn't proof of a continued relationship on its own.

[BrokenHeart]

Mace,

Let the denial fall by the wayside. I wrote a letter to withdraw/cancel my K-1 petition. They wrote back with an appeal form and said that I was married and that petition was just sitting there doing nothing and thats where its going to stay. I wrote back the director of VSC and said I just wanted to make sure that petition was not going to interfere with my new petition. I will bring that documentation to the interview with my wife just in case. So thats where the old petition stays on file. I will keep you posted when we both go for the next go around, should be soon now in HK.