Can we reopen another case now that we have been married and have children? 5 Answers as of December 14, 2011
I'm a US citizen. In 2005 I married my wife and 3 months after I filed her adjustment of status, she entered on a tourist visa, on march 2006 we had our interview and it was denied. Our petition on that time she was pregnant but they said it was fraud to get married on a tourist visa. The lady that made the interview said that our marriage wasn't for love. On April a notary person filled our pardon and was denied on November 2006. We received a letter for a i-601 form, but we didn't have the money for that. In 2010 my wife had to leave to Mexico and now I send the form i-130 again, but I would like to know if we can reopen our last case. Now we have 2 kids and have been married for over 6 years. I also suffer from epilepsy and had depression due to missing my wife and kids.Free Case Evaluation by a Local Lawyer!
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Feldman Feldman & Associates, PC | Lynne Feldman
The facts are complicated and your papers would need to be reviewed. If there was no finding of fraud or you can overcome this you can re-apply but she will now need a waiver since she has returned to her home country. If you are interested in discussing the process and fees set up an appointment or schedule a phone consultation. It would be helpful to have a copy of the original Denial.
Answer Applies to: California
Replied: 12/14/2011
Law Office of Christine Troy | Christine Troy
Your case is very complicated. You really need to have a full consult with and then assistance of a competent immigration attorney, NOT a notario, to help you with your case. If you cannot afford an attorney, there are normally pro bono or low fee attorney panels that you can contact through the local chapter of your State Bar. I urge you to contact them, or to look at www.aila.org for an attorney near you. You will need an extreme hardship waiver as well-having children together and your epilepsy will help increase chances of the success for that but make sure you work with an attorney who has successfully prepared and won several of these cases. It should be a very large packet!
Answer Applies to: California
Replied: 12/13/2011
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you feel that now your situation is such that you can overcome the prior denial, you can certainly petition for her again and make sure you provide sufficient documentation of your relationship, etc.
Answer Applies to: California
Replied: 12/13/2011
World Esquire Law Firm | Aime Katambwe
This is the reason why you should have used an attorney the 1st time. Obviously, your case should have been granted the 1st time around if I read you correctly. Certainly, it should be granted now with the new I-130. To your point though, I would not want to re-open your case now as it looks to be a bit too old. It looks like more work than it will be worth doing. Hire an attorney to handle this new case for you if it is important to you. What I mean is that when you need bread go to a baker and not a plumber. This is because in the end, it will end up costing you more than you intended. Sounds like I am coming down hard on you, but I am not. I am just a bit angry on your behalf that you were not given the respect that you should have gotten the 1st time around. I wish you well.
Answer Applies to: California
Replied: 12/13/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
You need to file a new I-130 petition if your initial I-130 petition was not approved. Once it is approved your wife can file for an immigrant visa through the National Visa Center but will need a I-601 waiver if she accrued unlawful presence at her last stay in the U.S. which seems likely. She may also need a waiver if there was a fraud determination surrounding her I-485. You should consult with an immigration attorney to have the case reviewed before you take any steps.
Answer Applies to: California
Replied: 12/13/2011
