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In reply to the discussion: The NVC rejected my marriage certification. My wife's Green Card is dead [View all]Jarqui
(10,123 posts)64. What is the basis of their rejection?
They don't have to say?
Is this below accurate (I just quickly looked up[ trying to get my head around it)
https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter15-11.html
If you are applying for adjustment of status (a green card) in the U.S. and receive a USCIS notice telling you that your application has been denied, read the notice carefully. One of the things USCIS will tell you is whether you can appeal the denial, and if so, how.
In most situations, there is no appeal after a denial. If the law allows you to appeal, you can ask USCIS's Administrative Appeals Office (AAO) to look at your case and see whether the USCIS officer wrongly denied your green card. There will be a fee and a deadline for filing the appealdon't miss it.
If you're not allowed to appeal, you can do the next best thing: file a motion to have your case reopened or reconsidered. These motions are different than an appeal because you're basically asking the same person who denied your application to change his or her mindyour case is not transferred to the AAO. A motion to reconsider is what you file when you think the officer denied you for a wrong reason. You file a motion to reopen when the situation has changed or new facts have come to light since the officer made the decision denying your green card.
In the rare case, you might need to file a separate suit in federal court challenging the denial. You would need the assistance of an attorney to determine whether that's even possible.
If you have no other legal right to be in the U.S. when the application is denied (such as a pending political asylum application or a temporary work visa), you are likely to be placed into removal proceedings in immigration court. There, you will have the opportunity to renew your green card application before an immigration judge.
Is common law marriage another angle you could try?
https://www.alllaw.com/articles/nolo/us-immigration/can-you-get-green-card-common-law-marriage.html
It is gut wrenching to read your account. I'm so sorry.
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The NVC rejected my marriage certification. My wife's Green Card is dead [View all]
AZLD4Candidate
Sep 2021
OP
My Trumper sister in law says "this proves she doesn't deserve to be here."
AZLD4Candidate
Sep 2021
#10
I asked my brother what he thought of my wife the first time he met her
AZLD4Candidate
Sep 2021
#178
My Dem Rep in Arizona told me "we consider this matter closed" and literally hung up on me
AZLD4Candidate
Sep 2021
#7
I guess don't look to a Congressperson for immigration help in odd numbered years.
discntnt_irny_srcsm
Sep 2021
#145
Nope. They dropped it like a bad habit after the CBP refused my wife entry to do her Adjustment of
AZLD4Candidate
Sep 2021
#151
According to a friend of mine who knows his wife (because she is a patron of their business)
AZLD4Candidate
Sep 2021
#156
Since the US Government is NOT allowing my wife into the country, you are asking me to abandon her
AZLD4Candidate
Sep 2021
#31
On DU, no less, where we work to reform these horrid laws. I didn't abandon anyone
AZLD4Candidate
Sep 2021
#43
Xenophobia is alive and well in most all countries, but it is especially odious
Celerity
Sep 2021
#56
And, according to my mother who is mohawk, most are here illegally to begin with. hehe
AZLD4Candidate
Sep 2021
#58
I own a home in Wuxi and I have retirement property in Krabi in Thailand
AZLD4Candidate
Sep 2021
#20
I've never been to China, but I did stand next to the fence once between Hong Kong
panader0
Sep 2021
#23
They rejected the marriage certificate from the Chinese Government as "incomplete" and "suspicious"
AZLD4Candidate
Sep 2021
#22
I mean why not get remarried here? Wouldn't that satisfy the "suspicion" nonsense?
Hassin Bin Sober
Sep 2021
#32
Because there's no K3 spouse visa anymore and being married, she is ineligible for a K1 fiancee visa
AZLD4Candidate
Sep 2021
#35
We did it through Consular Processing because when she came here to do it through adjustment of
AZLD4Candidate
Sep 2021
#41
The sad thing is no American should have to go through all of this just to bring their
AZLD4Candidate
Sep 2021
#179
That's kinda my point. A marriage in another country isn't going to bite you in the ass...
Hassin Bin Sober
Sep 2021
#96
I had a friend who eloped the week before his church marriage and didn't tell anyone
AZSkiffyGeek
Sep 2021
#136
Seeeeeesh you'd think being it registered with the US consulate would be enough
electric_blue68
Sep 2021
#93
You're white from a democracy. She's Chinese from evvvvvvil Commie land.
AZLD4Candidate
Sep 2021
#36
We already have it. We submitted it. Official Chinese Marriage, Certified translation, and the
AZLD4Candidate
Sep 2021
#40
So, to remarry, I need to divorce my wife. She is in China now. I'm here
AZLD4Candidate
Sep 2021
#166
The law is written that the NVC, USCIS, the Consulate, and finally the CBP at the border
AZLD4Candidate
Sep 2021
#184
My wife is a short, petite, shy Chinese woman with black hair and honest to a fault
AZLD4Candidate
Sep 2021
#181
Our marriage certification is Chinese from the Jiangsu provincial capital
AZLD4Candidate
Sep 2021
#83
Remember, this is the country that banned ALL Chinese immigration to the US from 1881
AZLD4Candidate
Sep 2021
#53
How awful. What if you got married again in a neutral country like Canada or another Asian country.
Liberty Belle
Sep 2021
#54
Will the Chinese government allow you stay in China on some sort of permanent visa?
Irish_Dem
Sep 2021
#109
I was never denied entry. I was never kicked out. My documents were never rejected
AZLD4Candidate
Sep 2021
#126
Self deleting...because reading the whole thread answered some of my questions.
LudwigPastorius
Sep 2021
#60
So sorry to hear that! The Chinese are great people. I've worked with them for years
LymphocyteLover
Sep 2021
#66
I am so sorry that this sad excuse for a country hurt your wife and your family.
onecaliberal
Sep 2021
#73
I'm so very sorry for your pain. I have nothing to add but this: we didn't do this & we are friends--
Hekate
Sep 2021
#79
The Trump admin did not seem to practice bias against the Chinese when Jared Kushner's family was se
keithbvadu2
Sep 2021
#87
I'm so sorry to hear this OP. It is a reminder there is ugly truths about our country that needs to
Willis88
Sep 2021
#98
It's surprising this is an issue after 6 years of marriage. Surely that has to count for something ?
OnDoutside
Sep 2021
#102
I applied for German residency after 29 years of marriage and proof of financial stability
DFW
Sep 2021
#117
Wow, reading your OP and then all of your responses in the thread is so messed up.
Ace Rothstein
Sep 2021
#104
Not sure if you get to read this, but hold on, this is a cycle where republicans screw immigrants
Escurumbele
Sep 2021
#121