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Approved I-130 Marriage Petition for Immigration Visa Consular Processing; Petitioner in California and Chinese Beneficiary in China; After Response to Guangzhou U.S. Embassy Interview Denial and CIS Revocation

by JP Sarmiento on July 26, 2011

CASE: I-130 Response to an Intent to Revoke
CLIENT: Chinese
LOCATION: Sacramento, California; Guangzhou China

Our Chinese client contacted our office in the middle of May. He was a U.S. Citizen living in California and sought legal assistance for his wife’s case in China. The USCIS, based on a request from the U.S. Embassy in Guangzhou, issued an intent to revoke his I-130 petition.

Our client married his Chinese citizen wife back in November 2008. This was the first marriage for both him and his wife. He mentioned that he never even had a girlfriend before, all the time consumed with work and school here in the United States. He is a civil engineer in Sacramento California.

Our client filed an I-130 petition for his wife in January 2009.  On March 20, 2009, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Guangzhou. Her U.S. Citizen husband was even there during the interview. However, the U.S. Embassy denied her immigrant visa application, citing five reasons: failure to show a continuous bona fide relationship; their work, educational, and income discrepancy; the fact that they met through a “third party”; the lack of a wedding reception after the wedding; and the immediacy of the wedding from the U.S. Citizen’s entry to China. The approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action. The USCIS then issued a Notice of Intent to Revoke.

On its Notice of Intent to Revoke, the CIS specifically addressed the five issued brought up by the U.S. Embassy.  After our office received the Notice, our office spoke several times at length with our client. We obtained in detail their history, how they met, how many times they’ve seen each other, who in their respective families do they both know and who among them could provide affidavits attesting to their relationship, how they continue to communicate with each other and if documentation can be provided to prove those, etc. Our client realized that there were so many possible evidence to support his case, evidence he was not able to think of prior to his wife’s interview.

We then prepared a response brief, clearly separating our explanations and the respective supporting documents to address each of the five issues. We also worked with our client in obtaining supporting documents and affidavits, making sure we were as thorough and complete as possible, considering how strict the U.S. Embassy in Guangzhou is.

In our 14-page response brief, we addressed each of the issues thoroughly. We went through Respondent’s background and how his personality fits the simple and traditional nature of his Chinese wife, backed by affidavits from his own parents and family members. We emphasized the four trips our client had spanning the past 3 years, and attached over 100 pictures of him and his wife on several occasions with both their families and friends. Documentation about money wire transfers, gifts sent by international mail, detailed phone bills showing the international phone number of his wife and the local phone number of her husband in Sacramento, and over 10 affidavits from friends and families. We explained the reasons why they did not have a reception immediately after, and showed that 3 post-wedding “receptions” were actually held.
Our response to the Notice of Intent to Revoke contained 59 exhibits (Exhibits A to GGG) in support of the response brief.

Our office filed the Response to Intent to Revoke on July 7, 2011 with the USCIS California Service Center.  On July 21, 2011, the USCIS determined that they will not to revoke our client’s I-130 petition.  Since the I-130 petition remains approved, finally, after two and half years of separation since their marriage, our client’s wife can now obtain her Immigrant Visa in China, come to the United States, and obtain permanent residency.

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{ 2 comments… read them below or add one }

Marisella June 12, 2012 at 10:20 pm

Hello My name is Marisella Huerta and I am currently in the process of trying to obtain a green card for my husband. I dont know what to expect. I and my husband married 12/01/06 we married at the courthouse and had a small dinner with my parents. We have 2 children one 5 year old girl and a 8month year old boy. My husband was sent to Mexico with Voluntary Departure in october of 2011 and I filed his I-130 in February i recieved a approval reciept in the beginning of april and now everytime I check my case on the USCIS website it says initial review and on the bottom it says that the expiration is 06/30/2012. Ever since We married Ive always planned to one day fix his citizenship so ive always saved everything and I literally sent tons of pics and legal documents revolving around our 5 years of marriage with the petition I just want my husband home with us what advice can you give me. I have a attorney and we are just in the waiting process..all ears

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JP Sarmiento June 13, 2012 at 9:51 am

Marisella. Thank you for the comment. I sent you an email in response.

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