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

#1 SarAyouBliss

SarAyouBliss

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Posted 01 October 2012 - 07:21 PM

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
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#2 littoral1

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Posted 01 October 2012 - 09:35 PM

hi
im so sorry for u
how old are u
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#3 onye uwaoma

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Posted 02 October 2012 - 04:50 AM

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

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Posted 02 October 2012 - 06:41 AM

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
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#5 carolynhotstuff

carolynhotstuff

    Platinum Member



Posted 02 October 2012 - 07:12 AM

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.
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#6 Inluv

Inluv

    Diamond Member



Posted 02 October 2012 - 09:05 AM

Sorry for your pain...I see almost 3 decades of an age difference.

You described your wife as.... " my wife living by herself no family no friends" (which BTW dont think helped in proving a bona fide marriage) why cant your wife live in Morocco?

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#7 SarAyouBliss

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Posted 02 October 2012 - 10:33 AM

hi
im so sorry for u
how old are u


Hi, i'm 27
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#8 rade2rising

rade2rising

    Diamond Member



Posted 02 October 2012 - 10:38 AM

even though your wife visited you 3 times and for an extended period i guess it means nothing?! thats interesting to note. I thought frequent visits suppose to help a bit?
I am truly sorry this is happening to you :(
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#9 SarAyouBliss

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Posted 02 October 2012 - 10:40 AM

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?
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#10 rade2rising

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    Diamond Member



Posted 02 October 2012 - 10:42 AM

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...
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#11 mounir412

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    ⵜⴰⵎⴰⵣⵉⵖⵜ



Posted 02 October 2012 - 10:55 AM

i hope you will hear a good news brother !!!
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Met online : 2009
Married : 07/28/2010


USCIS
Send I-130 : 06/08/2011
Touched : 06/13/2011
got a NOA1 by e-mail and SMS : 06/15/2011
got "I-797C" hard copy of NOA1 : 06/20/2011
got RFE "I-797E" : 10/15/2011
RFE Reply : 12/15/2011
Touched : 12/16/2011
I-130 Approved : 12/20/2011
got "I-797" hard copy of NOA2 : 12/24/2011
Your I-130 was approved in 183 days from your NOA1 date.


NVC
NVC Case Number : 01/13/2012
Pay "$88" AOS Bill and e-mailed DS-3032 : 02/08/2012
Email from NVC, DS-3032 Accepted : 02/09/2012
AOS Fee Shows PAID : 02/09/2012
IV fee invoiced "$404" : 02/10/2012
IV fee invoiced "$230" : 04/18/2012
Pay "$230" IV Bill : 04/30/2012
IV Fee Shows PAID : 05/02/2012
Send AOS and IV packet : 06/09/2012
AOS and IV packet Received : 06/22/2012
Case completed at NVC : 06/29/2012

Interview Date : 08/28/2012 "Denied"

Case Reaffirmed : 07/16/2013

Second interview - Approved : 10/24/2013

Visa Issued : 10/29/2013

Visa in hand : 10/31/2013

For more details please visit my timeline

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#12 SarAyouBliss

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Posted 02 October 2012 - 10:59 AM

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
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#13 milimelo

milimelo

    Star Member



Posted 02 October 2012 - 11:10 AM

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


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Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#14 dwheels76

dwheels76

    Queen Software Test Engineer



Posted 02 October 2012 - 11:22 AM

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.
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#15 SarAyouBliss

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Posted 02 October 2012 - 11:36 AM

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
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