Approval of I-130 Petition Reaffirmed by USCIS Following Consular Return

We represent a U.S. citizen client who sponsored his wife for permanent resident status. At the consular interview, the consular officer asked many questions about the relationship and how often the U.S. citizen spouse had traveled overseas to see his wife. The couple talked with each other on the phone nearly every day but the U.S. Citizen spouse was solely responsible for caring for his sick mother who cannot live independently on her own and therefore had not been able to visit his wife overseas as often as he wanted. The U.S. Citizen spouse could not leave the U.S. as there was nobody to provide his mother the care that she needed. The consular officer refused to accept any information about the mother’s illness and unfairly denied the immigrant visa application on the basis that the couple were not in a bona fide marriage because the husband had not traveled to see his wife. The consular officer returned the I-130 Petition to USCIS and USCIS issued a Notice of Intent to Revoke the I-130 Petition. In response to the Notice of Intent to Revoke, we submitted Affidavits regarding the reason why the husband had not been able to travel overseas to visit his wife, detailed medical records of the mother’s condition, and extensive documentation of the bona fide nature of the marital relationship. Following the submission of our response, USCIS affirmed the approval of the I-130 Petition and sent the Petition back to the U.S. Consulate for another immigrant visa interview. Consular Officers can make incorrect decisions. It is important to continually fight for justice and to overcome any obstacles that may arise in the immigration process.

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