Our office recently received an approval notice for the most challenging I-130 case we have had so far in 2022. ​

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The client hired her previous attorney for her marriage-based green card application. For her green card interview with USCIS, her prior attorney and an interpreter also attended. Although the client thought her submission and preparation were perfect, USCIS issued the Request for Evidence (RFE) and the Notice of Intent to Deny (NOID) for the I-130 filed by the U.S Citizen spouse for the client. USCIS pointed out that the client failed to submit her divorce decree for her claimed marriage on the B1/B2 tourist visa application. The beneficiary's eligibility to marry the petitioner was thus questionable, and many inconsistencies during the interview with USCIS casted doubt on the bona fides of the client's marriage.

The case seemed simple at first glance: just collecting the divorce decree of the beneficiary’s previous marriage and finding some evidence to establish the bona fide marital relationship with her U.S. Citizen spouse. However, the beneficiary did not have proof of the claimed marriage on her tourist visa application. A visa agent/intermediary who worked on her visa application listed an unknown spouse and child. Additionally, several inconsistencies during the I-130 needed to be clarified. This couple also had to prove the marriage was in good faith despite maintaining several residential addresses. Furthermore, the joint bank statement only shows the transaction recorded under the petitioner’s name. The client felt hopeless in responding to the USCIS questions and transferred the case to our office for assistance with responding to the RFE and NOID.

To appropriately respond to the points raised by the USCIS officer, our legal team asked the client to collect evidence that could explain the nonexistence of the marriage stated on her visa application. The beneficiary’s eligibility to marry the petitioner thus is no longer a concern. Moreover, we helped the petitioner and beneficiary explain why their marriage is genuine even though they don’t often meet during the week and live most of the time separately.

We successfully submitted evidence request by the RFE and rebutted the alleged inconsistences noted on the NOID by getting facts straight as a basis to support the bona fide relationship. In less than two months, we received the I-130 approval notice from USCIS. ​

Congratulations again to our client. If you and anyone you know encounter a similar issue and need professional assistance, please do not hesitate to contact us.