bosacafe75@aol

How long do appeals for a denied I 130 take? DO files still get supposedly lost?
My husbands I 130 from Athens was denied so now I am thinking about moving back there I really dont want to appeal right now. I have no energy to appeal and all that crap, so now I have to withdraw from Med School to move there in a month to be with my younger husband that they say I married solely for "immigration purposes".
I am really sick and tired of INS, BCIS whatever they call themselves these days..you know one thing I can say to those unmarried people out there "marry only people whom are American citizens!" Because you will lose your mind going through this crappy immigration process. At least I know I have!
I think once my husband and I have kids I will send that officer a picture of our children so he can see what an unfit officer he is.
I will be moving to the West Bank to be with my hubbie. So if anything happens to me or if I get deprted I think I will hold Homeland Security responsible.
hmm I wonder if thats possible???
I really feel for those who have to endure this crap seriously! this is a very draining process.

Folinskyinla

Hi:

I-130 appeals go to the Board of Immigration Appeals. However, unlike appeals from Immigration Judges, they are filed with DHS which then forwards the records to the BIA in Falls Church, VA. I don't have any idea how long this will take.

Once the BIA receives the file, an "affirmance without opinion" can issue quite quickly -- within 3 months. If the case can't be affirmed [and you want an appeal sustained, not affirmed], a one member opinion can take about 6 months after briefing is completed. A 3-member opinion can take even longer.

I read your original string. The only fact I saw you mention was that you were older than your husband. However, what did the DHS in Athens actually give as a stated reason for the denial after wading through all the boilerplate?

bluesails

Bosacafe,
I am so sorry to hear this news. I know that this is a unbelievable but you are not alone. It is my opinion that any male from the mideast is a target as far as the State Dept is concerned and all bets are off regards rules and regulations. Any possible unsubstantiated opinion, assumption or speculation stands as a reason to deny or delay families these days if the husband or fiance is from the middle east.

It makes me ashamed to be american.

Have you talked to a lawyer? Have you looked at filing for K3 and going through a different consulate?

I wish you the best. Don't let them get you down, your family is better than that and in the end you would prove them all wrong.

bosacafe75@aol

Well after all the darn evidence I sent like phone bills after phone bills and bank statements to show I financially help him while I am here in the States, they came back with a relpy stating that ....this evidence clearly shows that it shows a relationship but we do not believe that it could be that of a marriage...And also that even if my family from the States approves of such a marriage (pertaining to the age difference) that his family from Palestine would only agree for him to marry me only just to help him come to the States....(the funny thing is that his parents are so against him coming to the States because of our political system).

They said also that my 9 month long visit to Palestine after him and I married was "brief"...but they forgot the fact that I couldnt get my visa renewed for another 3 months by the Israeli authorities.
And they also stated that I did not have him listed on my insurance papers, tax returns, and bank records.....
The last time I checked I was told that you need a social security number do get listed on that crap. And he doesnt have one because he never came here.
so basically that was it.
so now I have to move to Palestine and live under occupation and leave med school that I busted my ass off to get into. but again they dont give a crap about the lives they ruin.
This past week has been the most depressing week ever people, depressing cuz of leaving school but yet happy to go see my hubbie.
They are telling me to file for an appeal from Virginia...So I was wondering if I do end up appealing will they need me to come back here to the states to go before BIA...and also didnt Bush change BIA now they are basically rubberstamping any appeals that come to them?I dont want to go through more rubberstamping I swear I feel like I might get a nervous breakdown dealing with our government. Its like no matter how much you scream your totally unheard, kinda feels like living under a dictatorship.

bosacafe75@aol

I was thinking about filing another I 130 rather than appealing cuz the appeal might turn out to be a waste of time and effort and not to forget that I 130 are fricken expensive to file!
But Im afraid that when I tell them that an I 130 was filed before for him and denied that they might flat out deny the new I 130 even if go thru another Embassy.

jg1012002

Did you have an attorney? I would suggest filing a new I-130 but with an attorney.

Having an attorney on record does make a difference when dealing with these hard to deal with consulates. When I was working for attorneys sometimes it just needed an attorney to call and see what the problems are to get it passed thru. The attorney gives you an "unemotional" voice when dealing with these demi-gods, and you really need that detachment to keep from going crazy otherwise you feel like you are in the twilight zone.

Folinskyinla

Hi:

Assuming your description is accurate, that is a bad denial IMHO. The cases of Paterson, Patel, & Arias come to mind just off the top of my head -- and that is without any legal research. You may want to file a new I-130 prepared by a COMPETENT attorney who will disclose the prior denial.

There is also a lot of case law, including "Arias" that speculation is not enough.

jeffreyhy

bosa,

This is not correct. Insurance companies typically use the SSN as a 'key' in their customer database, so they are insistent in asking for one, but it is not essential and when pushed a knowledgaeable insurance company representative will acknowledge that they can use a substitute number for their record-keeping purposes. Whether or not your company will insure a spouse who is living overseas is another matter...

Your husband definitely does not need a SSN for US tax purposes. He can apply for an ITIN and you can file a joint tax return with him using that number. Indeed, that is the whole purpose of the ITIN, so that a person who is not eligible for a SSN can file a US tax return.

Some banks will insiste on a SSN, but many do not and will accept an ITIN. Some will accept no number at all for him in a joint account with you because you have a number.

Regards, JEff

bosacafe75@aol

I always thought an ITIN would only be for those who are here not for those living overseas, my personal insurance company wouldnt insure him since he is overseas and my bank wouldnt add him to my account for the mere fact that Homeland Security asks him to be here and this is from a friend who runs the bank that I am doing business with. I will hire an attorney right before I leave to overseas because I really cant handle being away from him for another year. thanx guys

jeffreyhy

bosacafe,

I got my wife an ITIN last October, right after we married, and filed a joint return with her for 2003. Saved me several thousand dollars in income tax. She didn't ger her visa and enter the US until April, long after we'd filed the return.

I also added my wife to my checking and savings accounts after our marriage while she was still in her home country. If your present bank insists that your husband have a SSN you can always open a new account at a different bank that will accept him on the account.

I had the same experience with my insurance company. But that's not a SSN issue.

Regards, JEff

Bluegrass Lass

I'm sorry to hear that you will give up/defer your dream of med school to be with your husband. Being a professional myself, I can only imagine what it takes to make that decision.

As for the Patriot Act, that is a bunch of bull that banks spew when it isn't true. There is nothing in the Patriot Act that states a person must have a SSN in order to add him/her to a bank account. Hell, I'm stubborn enough to make a copy of the Act, take it to the bank and ask where it's written. If it's a policy of the bank, take your business and your money elsewhere because that bank doesn't deserve it.

The insurance thing I can understand because when I lived overseas they wouldn't even cover me - I had to take out a totally separate policy that would cover me. I doubt you could find one willing to cover him since he's never even lived here.

I really hope an attorney can help you guys out!

Andrew DeFaria

sunflwrgrl13 wrote:

    > As for the Patriot Act, that is a bunch of bull that banks spew when
    > it isn't true. There is nothing in the Patriot Act that states a
    > person must have a SSN in order to add him/her to a bank account.

Wasn't there something in the law saying that SS# are not to be required
as an ID # ('cept by the SSA I guess)?

    > Hell, I'm stubborn enough to make a copy of the Act, take it to the
    > bank and ask where it's written.

From what I hear you might need a wheel barrel to haul it in! Of course
you could probably put PDFs of it on an IPod... :-)

bosacafe75@aol

Hi,
I tried searching for Arias was it Arias vs. INS because I couldnt find anything on the net?
thanx
sarah

bosacafe75@aol

Can I file for an ITIN for my husband since he isnt here? I want to add him on my taxes coming up....And are there any big name banks that allow adding sposes whom dont live in the states other than Bank One since they do not add non SSN holders?
thanx
sarah

scrubbedexpat099

I am not sure that this is the issue.

You do not need a SSN for a Bank Acoount, they did ask me to let them have it when I got it. But I doubt that they will open one for him if he is not there to fill the forms in. You could get an offshore account I suppose?.

I do not know about Joint Accounts, we do not have one, perhaps get him a Credit Card might be easier on your account.

To my mind all of this looks false for someone if I get the gist has not even been to the US.

The Tax is another issue, no idea.

Has the need for a good lawyer.