Successful Response To Notice Of Intent To Revoke I-130 Petition For Spouse

Successful Response To Notice Of Intent To Revoke I-130 Petition For Spouse

  • Applicant: Mr. Long
  • Nationality: Cambodian
  • Case Type: I-130
  • Time: 1 Month
  • Challenges:
    1. Prior denial at Embassy
    2. High rates of fraud for marriage-based petitions from Cambodia
    3. Denial letter listed more than 10 factors for denial including physical and emotional distance between petitioner/beneficiary during interview
    4. Lack of documented evidence of client’s bona fide marriage
    5. No joint bank accounts or assets
    6. No children together
    7. Petitioning husband had only been visiting wife one time each year during their six years of marriage
    8. We only had one month to gather documentation and prepare a response in support of their bona fide marriage

BACKGROUND

Mr. Long, a U.S. Citizen submitted an I-130 petition on behalf of his wife (a Cambodian citizen) so that she may join him in the U.S. Being unfamiliar with the immutably strict rules and requirements of United States Citizenship and Immigration Services (USCIS), however, he initially only submitted a copy of their marriage certificate and a few very recent pictures of them together as evidence that their marriage was authentic. Moreover, their general conduct and interactions with one another during their interview suggested that perhaps they were not as emotionally close as they had been claiming they were: there was barely any eye contact between them, and their respective stories about how they met and how long they had known each other did not exactly align. In circumstances such as these, the interviewing officer has reason to suspect that the beneficiary might be attempting to gain citizenship through abusing the system. Exploitation in cases of this nature is unfortunately common, and officers can only be so lenient about overlooking apparent “red flags” in what they observe in-person.

Thus, following the interview, Mr. Long received a “Notice of Intent to Revoke” regarding his I-130 petition. He had 30 days to submit evidence that his marriage was indeed bona fide (and that they therefore qualified for I-130 approval) before his best chance of reuniting with his wife got thrown out. Frantically searching for a solution, he made good use of what limited time he had to spare and brought his dilemma to us at Tsang & Associates.

KEYS TO SUCCESS

Unwilling to see this couple kept apart even longer due to one rough interview, we worked quickly and efficiently to address each of the issues listed on the revocation notice. Due to the distance between Mr. Long and his wife, there was not all too much documented proof of the emotional or financial investments either party had made in the other’s life. Their hesitation and coldness during the interview could be readily explained by acknowledging that both Mr. Long and his wife were inherently withdrawn personalities who were stuck in a presumably nerve-wrecking legal situation. The lack of direct evidence showing a committed, loving relationship, however, was harder to work with.

In brainstorming other possible pieces of proof that would be able to verify the genuine nature of this marriage, we discovered that Mr. Long had another alternate Facebook account which he has not used in several years. On this account were plenty more pictures of himself and his wife looking close and happy together during the limited opportunities they get to spend time together. Finding these, we knew that the outlook for Mr. Long’s chances had thankfully turned around. We compiled an extensive collection of these old pictures and sent them in to USCIS as irrefutable evidence that a real connection has existed between the petitioner and his beneficiary throughout the entire duration of their marriage. We also realized that Mr. Long had not been given a fair opportunity to present his case, and we helped him gather additional evidence. We downloaded thousands of text messages and face-time communication between the couple, gathered sworn affidavits of close friends, and relatives, and helped explain why Mr. Long had only visited his wife a few times in their six years of marriage. We also conducted our outside research to help explain that most if not all of the behavior displayed by the couple could be explained by their cultural backgrounds and reserved personalities. This was no easy feat. But we were determined help this couple be reunited once and for all.

OUTCOME

Our ability to think outside the box and our presentation of the evidence and response to the Notice prevented Mr. Long’s petition from getting revoked– instead, it was approved, allowing him to fulfill his simple dream of being able to live with his wife. Had this petition been revoked, Mr. Long would have to continue managing a long-distance relationship overseas without being able to move forward in his life along the person who he cares about the most, his wife. Mr. Long was under an immense amount of stress and worried that his case would be denied. He was also worried about his mother who is elderly, and suffers from memory loss. She is eager to see her only son form a family and the possibility of that happening was beginning to feel hopeless. Once we received the approval, Both Mr. and Mrs. Long expressed sincere gratitude for our assistance in keeping this crisis manageable and stress-free all the way to its happy conclusion.

*Name has been changed to protect client identity

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