Sign in to follow this  
Followers 0
SarAyouBliss

MENA, Casablanca Morocco -Second interview with a second 221(g)

69 posts in this topic Register to Ask a Question

Hello,

-Date of filing: Feb 15 2011.z

-Visa category: CR-1 (on October 11 2012 will be our 2nd marriage anniversary)

-1st interview: August 23, 2012 ( 221(g) given but petition hasn't returned to the USCIS) 15 minutes

-2nd interview: September 27, 2012 ( 221(g) given, and CO said the petition needs to return to the USCIS for further AP) 10 minutes

-Consulate: Casablanca, Morocco.

-Petitioner's 2011 tax return: $14,000.00 (started working on July 2011 until present)

-Petitioner's revenue from January until September 2012 (present): $22,000.00

-Petitioner's visits to applicant in applicant's country: 3 visits: June-Aug 2009 (45 days)~~Dec2009-Jan2010(43 days)~~ Sept-Dec 2010(84 days)

-Date of marriage: October 11, 2010

-Age difference: 28

-Lawyer or attorney: Lawyer

-Attachment: copy of the second 221(g)

My first interview was common (how i met my wife (petitioner), why we decided to get married, occupations of her siblings,etc....), but my second interview (35 days after the 1st interview) was different, in the afternoon, only 5 applicants in the room, no questions from CO, instead she gave me 3 minutes to talk and try to convince her that our marriage is BONA FIDE without letting me use any document or item to support what i say, by the way, at both my 1st and 2nd interview, I took with me all required original documents(marriage certificate, police record,...etc) and all types of documents that could serve our case ( from pics,emails,cards, flight tickets, affidavits of people who witnessed our relationship, to my bank account statments, etc...) but only at the 1st interview i was asked to show our emails.

The CO had a huge package of documents, they were the docs we've been submitting to the USCIS & NVC, she said that she has never seen such huge amount of documents in her entire life, she said it in way like if she wanted to say that I & my wife caused her to do too much non-needed work, but i understand why CO need to be harsh, i respect what they do. She told me that i can't get the visa because my wife last year made less than $18,000.00 which is the minimum poverty level for 2 people for California according to her. I tried explaining that the NVC approved my wife's affidavit of support, and my wife worked from Jul-Dec 2011 until present, the CO said that she's the one who decides, but i tried politely to make her understand that my wife has already made enough in 2012, the CO didn't change her mind, then told me that she's not convinced of our story & marriage, i explained to her that i'm here to help to get the work done, and beside heartaching missing eachother & needing to have a normal life, my wife living by herself no family no friends and there are other practical reasons why we need to be in person, the CO told me "you have 3 minutes to convince me", it was a huge pressure on me to cover everything in 3 minutes, i unleashed and before i knew, i found myself crying hard speaking of the world against us, the love, the honeymoon, the people, the reality, etc.., The CO wanted me to go have a seat and 10 minutes later gave me the 221(g), i begged her to re-look at our documents, just please don't send it back to the USCIS because it will take 1 year or more, but she couldn't help me, she said there are other problems, and that's how the interview was finished.

The next day (Fri 28 Sept) my wife called the consulate to find out that they already sent the petition to the USCIS, they said the same thing on their reply to my wife's email, but today (Mon 1 Oct) my wife called them again, they assured her the petition hasn't been sent yet.

My wife is in the process to get the congressman/senator involved.

Please VJ people, if there's something we can do to prevent our case from returning to the USCIS? because we can't depend on the congressman nor our lawyer, and what are the points of weakness that you see? every replies are appreciated, thanks in advance

2zodmqf.jpg

<a href="http://tinypic.com?ref=2zodmqf" target="_blank"><img src="http://i47.tinypic.com/2zodmqf.jpg" border="0" alt="Image and video hosting by TinyPic"></a>

Share this post


Link to post
Share on other sites

hello My Friend , I think you have 2 Red flags here , first the age Dif...and the low tax Returns , your case is kinda hard , cos you already applied for Secound interview , so i think your Documents is gonna go back to the USCIS unfortuntly ..the congressman can not make big change , ask your lawyer may he/she find a Selution inchalalh

Share this post


Link to post
Share on other sites

There isn't much you can do to keep the case at the embassy. You can try having your wife write a letter to the Ambassador of the embassy and see if he would grant you another interview and time to find a co-sponsor to meet the financial part.

It seems like your petition is being sent back because the CO doesn't believe you have a bona fide relationship. Keep all proof of relationship you will need that if your case is sent back to USCIS. If it is sent back to USCIS you will get a Notice of Intent to Revoke(NOIR) and that will tell you why the CO denied your visa. You will have 30 days to respond to the NOIR.

Share this post


Link to post
Share on other sites

Do you think the age difference made it difficult for the CO to believe your love story? But that can be overcomed anyway...

Hi, yes i think the age difference made it difficult for the CO to believe our love story, none wants to believe it's true

Have you ever heard of couples with such significant age difference who had success with the visa? if so, if you remember how long it took until approval? even in 2012 or 2011 couples with significant age difference can get their visa?

Share this post


Link to post
Share on other sites

And yes love is blind but you have to see it through CO eyes too. It is not very common for 55yrs old woman to marry 27 yr old man. I mean yes its legal and am sure its happening but very rarely. even with best intentions its so very hard to get past that... and there is no simple solution to prove your relations aside from all the info's you already submitted...which they seem to be overlooking...it may be case for your wife to come live with you for a few yrs then petition again...

Share this post


Link to post
Share on other sites

There isn't much you can do to keep the case at the embassy. You can try having your wife write a letter to the Ambassador of the embassy and see if he would grant you another interview and time to find a co-sponsor to meet the financial part.

It seems like your petition is being sent back because the CO doesn't believe you have a bona fide relationship. Keep all proof of relationship you will need that if your case is sent back to USCIS. If it is sent back to USCIS you will get a Notice of Intent to Revoke(NOIR) and that will tell you why the CO denied your visa. You will have 30 days to respond to the NOIR.

Thank you,

Did you mean a letter via mail or just an email to the Ambassador of the embassy?

From January 2012 until present my wife has already made enough to sponsor me, how that can work since 2012 hasn't gone yet?

My wife didn't make enough in 2009 and 2010 and 2011, but by the end of 2012 she will have made enough, is it still a problem that she didn't make enough in 2009, 2010, 2011? because from what i learned, the officials look at the tax returns of the last 3 years, but some people say that the current financial status is what really matter.

Thank you

Share this post


Link to post
Share on other sites

Are you saying your wife didn't come to visit you again after the marriage in 2010? Regardless of how long the visits were in the past I'd be wondering why she didn't come in 2011 and 2012... There's your bonafide question...

Petitioner's visits to applicant in applicant's country: 3 visits: June-Aug 2009 (45 days)~~Dec2009-Jan2010(43 days)~~ Sept-Dec 2010(84 days

Share this post


Link to post
Share on other sites

I am sorry you are going through this. I truly understand. I am 21 years older than my husband. But I see some issues in your answers you gave the CO and I think that is where the problems are.

"my wife living by herself no family no friends and there are other practical reasons why we need to be in person".

She sounds like a lonely, old woman trolling for comfort (Think like a CO who doesn't know you okay). If she is portrayed like she NEEDS you and the CO may feel like once you are in the US you will get greencard and leave her since you say she has no one. Thats TOO much dependece. She is a older mature woman why doesn't she have friends and family (I know people leave I am mending my own but you get how they are looking at it).

Also did you explain the praticial reasons to the CO.

She visits although lenghty and good at beginning you have a 2 year gap now. Not good. You said she was sick. Which again doesn;t help the older/younger dynamics. The CO maybe lookign at you as this young caregiver that will resent it and leave.

It seems your demeanor you tell us and your answers was not convincing enough. You just kept saying you wanted to be together. But since she could travel so much they may wonder.

The current income is what matters. But the past shows the CO a pattern. Does she have a history of quitting jobs. If she didn't make the poverty guidelines for what 2 people for the last 3 years that is a BIG red flag. And they may look at her current employment as something she may leave soon as you are here or something. Was those three years at the same company different. All that plays in thats why they want to see 3 years worlh. To see your employment worthyness.

Share this post


Link to post
Share on other sites

And yes love is blind but you have to see it through CO eyes too. It is not very common for 55yrs old woman to marry 27 yr old man. I mean yes its legal and am sure its happening but very rarely. even with best intentions its so very hard to get past that... and there is no simple solution to prove your relations aside from all the info's you already submitted...which they seem to be overlooking...it may be case for your wife to come live with you for a few yrs then petition again...

You're right, it is not very common for 55yrs old woman to marry 27yr old man, but no mistake that we became wife & husband with successful relationship, love & understanding, i know i should not say it's a successful relationship until I & my wife spend couple of years in person, but we are discouraged, we have faith that we were born to be together. I heard of US women even older than my wife who successfully got visas for husbands more younger than me here in Morocco but that was 6 or 7 years ago, it doesn't matter when as to why the COs gave approvals THEN, but they seem to no longer approve in recent years, what have changed since then? And since the COs can't believe in a love story of a 58 years old woman with a 19 years old boy, why they gave them approval then 5 or 7 years ago, on top of other approvals with similar age difference? Is it because frauds became common or because the older women with young men is no longer a trend? Ofcourse because fraud became common with age difference or non age difference, yet, age difference remains red flag.

sorry im a little bitter, we just weren't prepared for this. Thanks

Share this post


Link to post
Share on other sites
Back to Top ↑

Didn't find the answer you were looking for? Try asking our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.