Immigration Marriage: I-130 Denied (Proof Of Bona Fide Relationship)

Рет қаралды 37,700

5 жыл бұрын

This video discusses what happens when a couple’s immigration marriage I-130 petition is denied due to insufficient proof of bona fide relationship. It also lays out the steps for an immigration appeal after clients get over the “USCIS denied my case” shock, opting to fight back and challenge the government.
This video was produced by Carlos Batara, www.bataraimmigrationlaw.com
For more videos on similar topics, see our Green Card And Permanent Residence Playlist:
Their goal, of course, is to successfully complete the green card through marriage process. In part, their chances rest on they present the I-130 supporting documents, explaining any gaps in their evidence, and how well they address issues such as (a) inconsistent testimonies of the spouses at their marriage interview, (b) adverse information obtained via third parties or social media sites, and (c) prior marriages and earlier failed efforts to win family-based permanent residence due to the denial of the I-130 petition.
This video explores how to prove a bona fide relationship in light of potentially different reasons given underlying the government's issuance of an I-130 denial notice. The immigration appeal process is explained, as it represents a strategically crucial phase for individuals before they wind up at immigration court where they must defend against deportation.
In short, for those immigrants who have experienced an I-130 denied, which also means a green card denied after interview, the key to overcoming the government’s decision is to grasp USCIS fears about immigration fraud and marriage sham.
As a result, the central purpose of this presentation, how to prove bona fide marriages, centers on preparing and organizing supporting documents for the immigrant spouse's I-130 visa petition - evidence which meets and fulfills the requirements to avoid a green card denial through marriage and filing of a subsequent immigration appeal.
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What types of questions should you expect regarding your green card marriage (A three-part video series):
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Пікірлер: 108

@richardnone5644 4 жыл бұрын

my wife and i just went thru this with out any issues but it took years here in south east Florida. we did not use a lawyer but i would suggest anyone going thru this should seek legal help from people involved in the system daily not one time a year because its changing very fast forms, fees. filing times and dates all these things can be very bad for your filings

@BataraImmigrationLaw 4 жыл бұрын

Congratulations on your success!

@nimry80 5 жыл бұрын

Thank you sir ,that was a very informative information & cautions

@BataraImmigrationLaw 5 жыл бұрын

You're welcome. Hopefully, all words out good for you.

@abasstiger26 5 жыл бұрын

Thank you sir I learn a lot from you boss 🙏🙏

@BataraImmigrationLaw 5 жыл бұрын

Thanks. Glad it hekped you.

@magalajoseph 5 жыл бұрын

Very helpful

@BataraImmigrationLaw 5 жыл бұрын

Glad to be of help

@lisaseah8823 5 жыл бұрын

I call BS! We provided way more than required and still got denied. You talking about not enough joint things is insane. My spouse had no driver’s license, wasn’t in America, no one is going to carry car insurance for a non driver or health insurance on a person that doesn’t live in America. If the immigrant is white and of European heritage, the visa process goes fast . If the immigrant is a person of color and a Muslim, its a nightmare ! The struggle is real

@lindadar9109 5 жыл бұрын

Just curious what did you put in as bona fide?

@lisaseah8823 5 жыл бұрын

Linda Dar We submitted many pics that spanned years of time . I’m tattooed , so it’s obvious that pics were taken not all at once . Also , copies of flight receipts from years of me going back and forth. Also , since I am tattooed, also pics of tattoos I got that were big and expensive. The point for that was like who would pay to get a portrait tattoo of someone else if the relationship was a sham ?. My husband also got tattoos regarding me. When I did travel to his country, I’d stay at least a month, sometimes up to 4 months. Security at the Apartment we stayed in prepared statements, the leasing agent did too. Also local police did as well because the police station was at the top of our road and well, I’m a ghostly complexion red head so I’m fairly memorable. Statements from local restaurant managers, bar tenders etc . Also receipts from him sending me gifts in the mail and me sending gifts to him . On 2 separate occasions I unfortunately had to have surgery in my husband’s country. So of course there was records of that , statements from the Doctors about how my husband and his family looked after me , etc. There’s more, but you get the idea.

@BataraImmigrationLaw 5 жыл бұрын

It sounds like you gave a good deal of information. I assume, however, the government sent you a notice stating what they felt was absent from your filing. That's where good declarations often fill the gap - good declarations, not just general statements.

@Nadya7990 5 жыл бұрын

Where is he from?

@boson285 5 жыл бұрын

Sorry to hear about the denial. You are right, you cannot combine things when living in separate countries. USCIS knows that. I'm sure there's something that can be added to help establish the relationship.

@shellybodirsky4106 4 жыл бұрын

What are pros and cons of filling I 130. We had filed k1, he went to consulate interview, was given a white paper the consulate needed photos of his kids. He submitted those the following day. There was a question abt the address of his kids. I had put a mailing address them. If any mail had been sent to the kids physical address he would have not been notified by their mother. The consulate notified me they'd send me a notice for more information. I never received any from anyone. I called and emailed uscis, nvc, consulate, no one knew anything and I got a run around. I was told to wait some amount of time before contacting uscis again. I received a letter of termination, with no repeal, or explanation, only that I was welcome to reapply and pay fees again... I called uscis, and they said there was nothing I can do and would not tell me anything or why. Just that the time had run out. He is in Nigeria and I'm in America. We have married since the k1 denial. We've been together almost 4 years and I've been to Africa twice and spent 3 months together in total. I want to file I 130 but am afraid of a repeat or a denial since they never disclosed from the K1. What do you advise? Thank you.

@BataraImmigrationLaw 4 жыл бұрын

Although you list quite a few details, there is no way to address your case without a more in-depth discussion. As the saying goes, "The devil is in the details." I suggest you reach out to a local attorney before taking your next steps. Good luck.

@empogirl 5 жыл бұрын

What is having ‘enough’ evidence to proof marriage cause I am in a bonafide marriage but don’t have medical insurance or no utility bills on my name.. we bought a house together and that water bill is also on my name also joint taxes and debit card

@BataraImmigrationLaw 5 жыл бұрын

There is no exact standard of what constitutes "enough" evidence of a bona fide marriage. But generally speaking, you should provide all possible types of evidence in your relationship that shows a genuine marriage, even if the evidence is not a "joint" type of document. This could also include written declarations and photographs, and other similar items.

@maxsantos8800 4 жыл бұрын

Another question. My attorney has caused a delay in my application for aos through marriage.Because of that I had to renew my EAD through my pending asylum.Now I want to know . Should I call uscis to close the EAD through the marriage or will they automatically close it?

@BataraImmigrationLaw 4 жыл бұрын

As in my earlier note, it is not possible to adequately answer such questions without knowing more, a lot more, about your full immigration history. You may want to consult a different local lawyer for a second opinion.

@thsmuan8450 4 жыл бұрын

My case has been out of normal processing time. I'ts been over 2 yeares now.So should I withdraw my application and start over?I'm kind of scary to withdraw thinking that might create more trouble.And the other lawyer suggest to sue the uscis to make a decision.What should I do sir?Please!

@BataraImmigrationLaw 4 жыл бұрын

Without knowing the ins and outs of your case, it is not possible to offer you specific advice. Your attorney may be talking about a filing a Mandamus action, to compel the government to take action. Why don't you trust your lawyer?

@maxsantos8800 4 жыл бұрын

Hello sir. I have question pls. I have a pending asylum. And my wife has petitioned me for aos. I want to know should I withdraw the asylum or leave it open? I’m confused at this point because every attorney has different point of vue.

@BataraImmigrationLaw 4 жыл бұрын

That seems normal. Different lawyers see matters differently. I cannot possibly give you advice without knowing more about your full immigration history. I assume those you talked to had a good sense of that history when they provided you with their opinions.

@naynaysmile 5 жыл бұрын

Sorry this is my first video of your watching ! Are you and immigration attorney ? Where r u located ? Are you able to take new cases ? Price ?

@BataraImmigrationLaw 5 жыл бұрын

I am an attorney. Here is my website with physical locations noted: www.bataraimmigrationlaw.com

@delonhinds6591 4 жыл бұрын

Hi thank for ur help I was approved a Visa an then it was revoke after 3 days the embassy saying that they was being able to find out that my marriage is not bona fide relationship because we had a find about leaving Guyana an my wife leave with my kid so they say they will call my wife for more evidence can u help us

@BataraImmigrationLaw 4 жыл бұрын

It may be possible to help you. Of course, I need to know a lot more information about your and your spouse's immigration history. You can reach me at (800) 287-1180 or click this link to send a message to my office: www.bataraimmigrationlaw.com/consultation. Thanks for asking.

@jascra8124 5 жыл бұрын

Dear sir I was watching video scene very intelligent lawyer I do have one question I got an i797 C notice of action that the US just took my money which is fine but when I was looking at the paperwork he shows my wife's name with her maiden name now I've already emailed USCIS and ask them why they put her maiden name not her marry me

@BataraImmigrationLaw 5 жыл бұрын

I don't know what you're asking. I'll assume that you're concerned about her name being listed incorrectly. Most likely, that is how the papers were filled out. You can correct the name in the interview, but you might be asked about why the unmarried name was listed on the application.

@jascra8124 5 жыл бұрын

I apologize my question was I received an i797c notice of action for the payment for i-130 but it had her maiden name not to marry name I checked it twice I have emailed usics of why did they put her maiden name on the receipt paper I guess this was what this is I just don't want to be rejected sir I know I did the paperwork right filled out everything showed a bona fide marriage for my wife and stepchild

@godfreydevera502 5 жыл бұрын

IS IT TRUE , PERMANENT RESIDENT CAN PETITION A FIANCEE VISA, OR ONLY COULD APPLY ABOUT THE SAME TIME AS FOLLOWS THE CITIZENSHIP APPLICATION APPROAVAL.MILITARY DISCHARGE DO I HAVE TO GET AN UPGRADE ( UNDER HONORABLE IS GENERAL) TO HONORABLE WHNE FILING THRU MILITARY BENEFIT APPLICATION, WHICH MILITARY APPLICATION FORM SHOULD I USE TO EXPEDITE AND GUARANTEE APPROVAL. HOW SOON CAN I APPLY? NOW I AM A VETERAN, AND I ALSO HAVE BEEN QUALIFIED FOR SO MANY YEARS AGO EVEN BEFORE I JOINED THE MILITARY. WHCI APPLICATIO SHOULD I USE, ONE WITHOUT THE MILITARY APPLICATION WHIS IS DONE BY AN QTTORNEY (I HAVE TO PAY THE APP FEE NO WAIVER. IS IT THRUE? PLEASE HELP ME

@BataraImmigrationLaw 4 жыл бұрын

Did you see this video on fiance visas? kzfaq.info?o=U&video_id=MNvkzygpHdQ&ar=1565197725111

@rajendrarimal7515 3 жыл бұрын

Hello batara law i am us citizens I had interview on March 12th 2020 for my wife for I 845 and her we go again October 26th 2020 they are scheduled interview again the notice said for i 130 so why do you think they want us interview us please clarify

@BataraImmigrationLaw 3 жыл бұрын

I cannot answer this question because I have no knowledge of facts upon which to base such a viewpoint.

@tashaleywendiahoneal522 4 жыл бұрын

Good morning Mr batara I was apply for my husband on June 2016 they sent me only I-130 receipt in couple months they send me another letter my husband case denied

@BataraImmigrationLaw 4 жыл бұрын

The denial letter should state the reason for the government action.

@jayb0nd007 4 жыл бұрын

What was the reason on the letter

@edenscharite6472 4 жыл бұрын

Did they tell the reason why they denied your petition?

@kalxpso26 4 жыл бұрын

Good day Sir! Our petitioner died before our petition was approved. We then applied for a Humanitarian Reinstatement. We got denied. Is there anything we can do to revive the petition? or can we apply for Humanitarian Reinstatement again? My grandfather is a Filipino WW2 veteran

@BataraImmigrationLaw 4 жыл бұрын

I recommend that you consult with a local attorney who can over your case in detai to explore your possibilities.

@jay.8616 2 жыл бұрын

That video is so important ! Sir i filed an application for i 130 based on marriage us citizen in 2018 last month i got noid they are asking questions to my wife to explain some issues they believe its not a bone fide marriage , but my wife passed away because she was having brain cancer and already i submitted all paperwork and evidence of our relationship after 10 days of noid been received but today i got notice of denial on i 130 even after I submitted all the documents and respond on noid ! My attorney responded to noid by sending all what i have additional evidence and requesting to file i 360 but i got this letter instead. Any idea what should i do ? We have been married for 4 years and my wife passed away 7 months ago . Please and thank you

@BataraImmigrationLaw 2 жыл бұрын

I do not have enough information to provide you with a good opinion. If you feel your lawyer has not given you solid advice, I think you should contact another attorney in your local area to review the details.

@th1688 3 жыл бұрын

thk u

@BataraImmigrationLaw 3 жыл бұрын

And thank you.

@23daughters 4 жыл бұрын

How do you open bank accounts and take out joint leases etc if you don't have a green card yet???

@BataraImmigrationLaw 4 жыл бұрын

In many instances, you cannot.

@alexisnova3453 4 жыл бұрын

You can apply for an ITIN number...most banks accepts that in place of a SSN.

@JusTbLaZeJr1 4 жыл бұрын

My wife doesn’t have a drivers license so wouldn’t it make sense if I don’t have her on my car insurance if she can’t even legally get one

@BataraImmigrationLaw 4 жыл бұрын

Okay. If the question arises, then explain your answer.

@th1688 3 жыл бұрын

hi sir, need an answee if u please, my wife is a citizen and we live together in love with 10 years of marriage abroad , we have two children (became citizens 3years ago), we filed i-130 n we didnt send them doc. only the kids passports and a civil document showing they they are ours.... is that enough u think?? thk u in advance

@BataraImmigrationLaw 3 жыл бұрын

Actually, It's not what I think that is important. It is what the government thinks. If they have questions, they will let you know.

@nimry80 5 жыл бұрын

I have a question ,I did my interview last week what iam expecting now? How long it's going to take to get an answer ??

@chino8418 4 жыл бұрын

nimry80 by any chance how much did you pay for a lawyer? I’m getting married soon and after that my wife and I want to start my paperwork I’m currently with Daca hopefully it goes well

@BataraImmigrationLaw Жыл бұрын

Different prices for different lawyers and different prices for different types of cases.

@07036783204 4 жыл бұрын

So much of this is for couples that are already in America , what about when coupled live in different countries

@BataraImmigrationLaw 4 жыл бұрын

I am not sure what points you are referencing.

@lindadar9109 4 жыл бұрын

@@BataraImmigrationLaw referring to the things a person needs to prove bona fide marriage, if spouse doesn't live in America, and tell me how does a person get around the public charge ?, That is not on any public assistance, is the poverty level gone up? I heard that we have to make 62 thousand a year now to bring spouse here to America

@BataraImmigrationLaw 4 жыл бұрын

You are asking questions that require more detailed information. I recommend you reach out to a lawyer to help you figure out what you need to know.

@cassidyddon74 3 жыл бұрын

@@lindadar9109 how are you doing

@nobodyname1827 3 жыл бұрын

hi, thanks for instructions, can my girl friend apply an invitation visa for me to come to us and then promoting and Appling for marriage visa,she lives in San Antonio, do you accep our file as a lawyer

@BataraImmigrationLaw 3 жыл бұрын

I'm not sure what you are referring to. If you're talking about filing an I-130, you do not have to be in the U.S. to do so. If you would like to discuss your case with me, contact my office by telephone to set up an appointment.

@TheAnnharo 3 жыл бұрын

On my I-130 I messed up my birthday and social I called uscis to have it corrected will this deny my petition ?

@BataraImmigrationLaw 3 жыл бұрын

Maybe, maybe not. You'll need to wait for their response. I think writing to them is also a good idea. (But those items are basic. Depending on how you messed things up, they may raise serious suspicions.)

@TheAnnharo 3 жыл бұрын

@@BataraImmigrationLaw do you think we would be able to get a lawyer after our petition was sent? Or will we have to wait for response? I was pregnant and working full time and didn’t check over my information i was more worried about getting my husband information I used Adobe to fill out my form so I missed my birthday by one day and I must have hit some button and deleted 2 numbers from my ss. Could this be something we can get overturned if denied I sent a copy of ss since I had my last name changed and birth certificate

@2001excel 3 жыл бұрын

good day sir, its wonderful shares of information . i have a problem i hope you advce me sir . 2001 i married then we have 1 child. may marriage was not successful we separate not devorce then. after 2 years i married again to my country then my second wife apply as nurse in the united state without my knowledge she include my name as legal husband we arguments about this matter. but as husband has no choice because my second wifes family has no knowledge about my first marriage. untill the time my second wife go to america and stay in the philippines to continue my work after 1 years i received us embassy interview then i pass the interview petition by my second wife . then after i received my visa i fly right away to my second wife because she wait for long to be happy together. after 8 months i left my wife because i discover my wife having relationships to other guy , then my wife file a devorce then she married the guy ! since then i never married again i live in the america for almost 13 now , may question sir theres a possible i can petition my first family especially my 1 son he was 20 years old now? thank you and god bless you sir ?

@BataraImmigrationLaw 3 жыл бұрын

I do not recommend sharing your immigration information in public. If you want to discuss your situation in depth, I recommend you reach out to a local attorney. Please keep your case details confidential.

@kminy2011 4 жыл бұрын

I also have three other dental professional friends giving me affidavit letters for the proof of my relationship and marriage. Does that help?

@BataraImmigrationLaw 4 жыл бұрын

Generally, such letters are helpful.

@skoluh 3 жыл бұрын

Could I bring video as evidence??

@BataraImmigrationLaw 3 жыл бұрын

I don't think the officer has time to watch it. But you can try to add a video to the supporting documents you file.

@tashaleywendiahoneal522 4 жыл бұрын

Mr Barbara where are you located I need your help please🙏🙏

@BataraImmigrationLaw 4 жыл бұрын

Here is my website: www.bataraimmigrationlaw.com

@maqdasaslam1311 5 жыл бұрын

Can I re apply I have no denied letter

@BataraImmigrationLaw 5 жыл бұрын

If you have no denial letter, then do you still think your case has been denied? However, if your case has been denied, then the reasons for the denial are important in figuring if you can or should refile.

@nomimalik5526 5 жыл бұрын

my case also denied after 13years

@nomimalik5526 5 жыл бұрын

@@mrs.hasnae8925 yes

@nomimalik5526 5 жыл бұрын

@@mrs.hasnae8925 on 2006 applied now after a long Waite it is denied

@nomimalik5526 4 жыл бұрын

@themind2462 5 жыл бұрын

I’m new to your channel how can I contact you please

@BataraImmigrationLaw 5 жыл бұрын

Here you go: www.bataraimmigrationlaw.com/consultation

@themind2462 4 жыл бұрын

BataraImmigrationLaw would I have to pay to ask you about immigration case question? If I call you

@puritamariano1649 4 жыл бұрын

I married mastakes man two time I called officer and we explain , at the end the officer said for hem you aboiused you’re wife , office advice me not to sleep with hem not to go with hem in long time Wolking in unknown places long drive alone because he is dangerous man for me , and unfeitfull husband, he punch me , he wanted to kill me every thing , and at the he use me , for he’s green card and ben to patetion he’s under ages children , He is the user and I am a victim here , we. En in court couse of beaten me , and also Devorce hem , that I also cancelled all of my patetion for hem and to he’s 3Sons , and I know now if my cancellation for thim is granted We are pilipino, and I’m us cetezin, I married hem because I love hem , Trusted hem too , I have a problem in our marriage , when the x wife come here to us they meet together with out knowing me , they sleep together too, in our apartment ,!im not in my apartment that time couse I’m working night shift, neighbor said that my husband with another lady in apartment , of course bi ask hem we argue, ask hem also that I want to tolk to her and we did , This is The wife said for me , in Philippine we are still married we don’t have Devorce , aunnalment , only here in US we Devorce she said, so I don’t finish , the tolk I go out , And I gave freind I explain . And decided to canceled my patetion for thim We have Atty , for this and this Atty, help hem , for everything ,that I don’t know anymore , what happened to my cancelletoin for thim , I’m leaving this everything to LORD,

@BataraImmigrationLaw 4 жыл бұрын

You should reach out to an attorney near you to help you figure out what actions you should or should not take.