im from israel my spaos is amercan
we have a baby
im stuk in israel
2006-10-26 00:47:07 · 4 answers · asked by retailsaba 1 in Politics & Government ➔ Immigration
If you were in the USA, and had applied to USCIS, then you could appeal your I-130 denial but you are in Israel, so you must go through the consulate/embassy and they belong to the Department of State. They have no appeal process! But if they gave you no answer why you had been denied, try doing an investigation under the Freedom of Information Act (FOIA LAW) to the embassy and you should get a copy of your file. You need to know why you were denied to address the situation.
The reasons are basically these:
1. Prior deportation or immigration vilation. --Need to seek waiver if one available.
2. Your spouse can not prove ability to support you financially. Check out the "Poverty Guidelines" in the USCIS website under the I-864 Form instructions. This porblem can be solved by either getting a higher paying job or a US family member/friend to be a co-sponsor.
3. You have a criminal record or are in some kind of watchlist indicating you are dangerous. Sometimes people are placed on these lists even by mistake and have no idea.
4. Did not file the proper paperwork or paid the correct filing fees. Did not receive the notice for interview and missed it.
5. Did not pass the medical exam. Have some contagious disease.
6. The evidence does not support a valid marriage. But that is not ussually the case when you already have a baby. Nevertheless check that there are no problem s with your marriage certificate and you provided ample evidence of good faith marriage.
Your spouse should also contact his Congressman and Senator's office. They have someone in their staff in charge of helping citizens with their immigration problems. They can knock on doors that you could never.
Good luck
2006-10-26 02:31:40 · answer #1 · answered by TrueSoul 4 · 0⤊ 1⤋
File a petition to vacate the judgement in the denial of your petition by citing newly discovered documents and evidence that could change the decision.
2006-10-26 08:25:52 · answer #2 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
There could be many different reasons why you were denied....and just b/c you have an American wife(or child) that dosen't give you an automatic greencard.
Go to the Embassy....see if they can perhaps help you.
2006-10-26 08:04:37 · answer #3 · answered by kissmybum 4 · 0⤊ 1⤋
have your baby and spouse go to you, you were denied for a reason, let it go at that.
2006-10-26 08:15:24 · answer #4 · answered by Anonymous · 1⤊ 0⤋