I-130 For Adopted Child of Green Card Applicant

Green Card For Wife After Previous Denial

  • Petitioner: Ms. Miriam Carrillo
  • Spouse: Daniel Carrillo
  • Date of Marriage: March 3, 2014
  • Applying for: Green Card through Immigrant Visa Processing
  • Nationality: Costa Rica
  • Challenges:
    • Miriam has her visitor visa denied twice
    • I-130 filed by Daniel was also denied
    • No children together and little documentation detailing their relationship with no joint property or shared assets
    • They’ve only been married for two years
    • Daniel has been divorced before in 2011
    • Since Miriam’s visas were denied prior, we would need to get the State Department to unfreeze her account

     

    BACKGROUND

    In the 21st century, we are both more connected and more separated than ever before. On one hand, you can meet and talk to anyone in the world through the internet, yet meeting in person is less frequent than ever before. Miriam’s and Daniel’s relationship is the perfect example of this dichotomy.

    Miriam and Daniel had met online. He lived in the United States and she lived in Costa Rica. It started as these modern relationships do; they sent each other messages through Facebook, liked each other’s photos, and eventually shared their contact information. When the phone bills were getting too high and the distance was growing too much to bear, then it was time for them to meet in person. Despite Miriam’s efforts, she was not approved for a visitor’s visa and was never able to visit Daniel. Thankfully, Daniel was able to get into Costa Rica, so he visited as often as he could. However, since Daniel worked full time in the U.S., it wasn’t always easy. The two of them fell in love quickly and each time as Daniel boarded the plane back home, they held each other with a moment of intense sadness, for fear that they would never be together.

    After being denied a visitor visa for a second time, Miriam and Daniel had a serious talk about their relationship. By the end of it, they both committed to each other, knowing that they wanted to spend the rest of their lives together. They were married in Costa Rica in March of 2014. With this, Miriam could apply for a green card so she could come to the U.S. and live the rest of her life with the man she loves. She would only have one shot though, so they needed to make sure it went through. That’s when they came to Tsang and Associates.

     

    KEYS TO SUCCESS

    Miriam and Daniel had an uphill battle to fight. Anytime someone applies for an immigrant benefit through their spouse, USCIS is highly suspicious of them and treats them with the utmost scrutiny. Miriam and Daniel had no children together, no joint bank accounts or bills, and no shared assets. They had only been married for two years and Daniel had a previous divorce in 2011, which could look suspicious for USCIS officers. They had lived apart, and although they were married, their lives were not yet joined together. Miriam had been denied twice before and we could tell that this meant the world to her. If she was denied again, all of her dreams of a stable home and never-ending love would be destroyed.

    First, we conducted a thorough review of Miriam’s previous applications. We identified the errors they had made in the past which consisted of discrepancies, incorrect forms, and incomplete information. We resubmitted all the necessary forms for them, making sure to correct any mistakes made in the past. Then we prepared Daniel and Miriam for the worst possible outcome. We knew the USCIS officer would be suspicious of Miriam so we created a customized checklist for her final interview. If Miriam could follow out advice, it would give them the best chance of proving that their marriage was bonafide.

    After submitting the paperwork, we practiced with the couple; rehearsing answers and going over possibilities during several mock interviews. Here, we guided them through the process to make sure they never said the wrong thing at the wrong time or told the officer anything that would seem suspicious.

     

    OUTCOME

    Their interview wasn’t easy. The USCIS officer interviewed the two of them for five hours and never let up. He grilled them about every aspect of their relationship. Miriam felt like she was watching her dreams be destroyed in slow motion. Her thoughts became erratic and as the officer prodded her with questions, she couldn’t remember the answers we prepared. She broke down crying under the pressure. Daniel lifted her back up and consoled her. At that moment, maybe the office saw something in them. It’s unclear what turned it around, but she regained her composure and they persisted.

    Some months later, Miriam was approved for her 10-year green card. Now, she’s living in California with Daniel. Their life together can finally start and they couldn’t be more excited about their future. They have two children together and she’s applying to become a U.S. citizen like her family. All thanks to Tsang and Associates.

Original Content

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