Most of the time, when US CIS denies a Green Card application, the case involves a foreigner who has married an American citizen and then files a Green Card application along with an Immigrant Visa Petition.   CIS is automatically suspicious of such cases and they look for any indication that the marriage was for immigration purposes.
 
In the denial process, the first step that CIS takes is sending a Notice of Intent to Deny.  This notice includes the reasons why CIS suspects that the relationship is not genuine.  Within the time allowed by CIS, the applicant must provide a convincing rebuttal with substantial supporting evidence.
 
For example, in one case, CIS was not satisfied with the couple’s statements about
why they lived apart for some months, why they had separate bank accounts in addition to their joint account, why they were unclear about who proposed to whom, why they gave different answers about living together before marriage, why the foreign husband could not remember the name of the wedding chapel in Las Vegas, and why they had different answers about which side of the bed each one occupied.
 
If the applicant cannot provide a convincing rebuttal to the Notice of Intent to Deny, then CIS will allow him to file an EOIR-29.  This is an a form submitted to the Board of Immigration Appeals to contest the decision of an immigration officer.  There is a fee of $110 to submit this form.
 
If CIS continues to deny the Green Card application after the EOIR-29 has been reviewed, the final step is for the applicant to file an I-290B, Notice of Appeal or Motion, at a fee of $630.   The purpose of this form is to notify USCIS that you are filing a motion to reopen or reconsider a USCIS decision or you are appealing an adverse decision regarding your case.   If this appeal is unsuccessful, the case may require the services of an experienced immigration attorney.
 
Trying to convince CIS that a relationship is genuine can be a very frustrating experience.   We heard of one couple who just gave up hope of having their case approved and went back to live in Vietnam.  This is never the recommended solution to the problem.
 
To any couple in this situation, we offer three suggestions:
 
(1)  Don’t rely on your ability to read CIS forms.  Get help from the start from experienced immigration practitioners.
(2)  CIS makes decisions based on facts and evidence.  Emotional appeals are never successful.
(3)  It is always preferable to remain in the US to follow through with the appeal process with CIS.  It is never advisable to return to Vietnam to solve this matter.
 
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Q.1. I am a foreign student on a J-1 visa who married a US citizen.  My wife will give birth to our child soon.  Wouldn’t the marriage and our child allow me to stay in the US without fulfilling the 2 year foreign residence requirement?
 
A.1.  You would have to prove to CIS that it would be an extreme hardship for you and your wife and child if you returned to Vietnam for two years.   CIS rarely agrees that it is a hardship because you knew well about the 2 year home stay requirement even before you arrived in America.  However, if you are in danger of being deported, you could consider filing an I-601 waiver to allow you to remain in the US.
 
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Q.2  If CIS believes that a relationship is not genuine, would it be better to return to Vietnam to have the immigrant visa interview at the US Consulate in Saigon?
 
A.2.  There is absolutely no evidence to indicate that Consular processing would be any easier than dealing with CIS.  If a case is denied at the interview in Vietnam, it could take 6 to 12 months for the Consulate to make a final decision.  If they decide that the relationship is not genuine, the petition would be returned to CIS in the US for another review, taking 6 to 12 months more.    It is never recommended to return to Vietnam instead of pursuing your adjustment application with CIS in the US.  The Consulate in Saigon would begin considering your case by reviewing the denial by US CIS.  This would not be helpful to your case.
 
ROBERT  MULLINS  INTERNATIONAL     www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue,   Westminster CA  92683           (714) 890-9933        
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