CASE: I-130 (Response to Notice of Intent to Revoke)
CLIENT: US Citizen Petitioner; Cambodian Beneficiary
LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Cambodia
Our Chinese client contacted our office in the summer of 2011. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Cambodia. When he contacted our office, his wife already had an immigrant visa interview at the U.S. Embassy in Cambodia. However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on November 1, 2011. Eventually, the USCIS, based on a request from the U.S. Embassy in Phnom Penh, Cambodia, issued a Notice of intent to revoke his I-130 petition on September 7, 2012.
Our client married his Cambodian citizen wife back in May 2010. Our client met his wife through his sister in March 2010. Once he married, our client filed an I-130 petition for his wife in June 2010. On February 7, 2011, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Phnom Penh, Cambodia. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.
After our office was retained, we filed a Response to Intent to Revoke on October 3, 2012 with the USCIS California Service Center. Over 200 pages of documents and 20 exhibits were submitted in our response.
In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Cambodia. As a result, on November 15, 2012, the USCIS determined that they will not revoke our client’s I-130 petition.
Now, after the reaffirmation of the I-130 petition, our client’s wife will get her immigrant visa, and will be reunited with his husband after almost two years.
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