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sirnali · Feb 17, 2011, 09:15 AM

My spouse filed an immigration petition for me in 2001, the case was approved in 2005 by INS and my file was sent to USA embassy at my home country. When I went for the interview, the consular did not issue me a visa, he said that my marriage was fraudulent that from the interview, he find out that I don’t know much about my wife, even when I have presented to him a legal marriage certificate from my country where the marriage was took place. We petitioned the consular’s decision at the embassy but were told that my file has been sent back to USA. My spouse enquired from the immigration in USA and was told that there is nothing they can do here in the USA; hence they have already approved the petition. Right now I am in USA with a B1 visa, my third visit to the USA since then. We want to pursue this case, how do I begin and what will be the possible outcome?

NYcityboy · Feb 17, 2011, 10:03 AM

After an IV denial, AMCON sends the USCIS a request to revoke the I-130. The USCIS usually then sends a Notice of Intent to Revoke (NOIR) to the USC petitioner, who has a chance to respond. Since you haven't received anything yet, it sounds like it is between the 2 agencies.

Call an immigration attorney today. There are ways to refile the case or file for adjustment of status.