Please some help / advice / knowledge

[lutz 41]

My husband was denied his CR1 visa in September 2015. At that time, the CO said the case would be returned to USCIS immediately. I got my congresswoman, lawyer, myself involved in finding out why it still hasn't shown up at USCIS. The case started getting updated in January 2016, a few times, then again in Feb. The other day I got a letter from the department of state (because I written in a complaint letter), and the letter stated the case has indeed left the Ghana embassy. Today I phoned into the USCIS and they have no record of the file. Has anyone had this experience. How long can it take to get from the embassy to USCIS? It's already been 5 months, and it's not even there yet. Then we will have to wait another 6 months once it reaches the Nebraska servicing center (as I was told by the USCIS rep). If anyone has any comments, advice, etc. I will appreciate it. Thank you.

[Dohan 133]

After such a denial it can take agessss for the case to be returned and then you have to wait for an official letter from USCIS so you can appeal it. Save yourself the time and file a new case. Was it denied at interview stage? Were there any issues?

Very sorry you had a denial and wishing you approval on the next attempt.

Edited February 12, 2016 by Dohan

[lutz 41]

After such a denial it can take agessss for the case to be returned and then you have to wait for an official letter from USCIS so you can appeal it. Save yourself the time and file a new case. Was it denied at interview stage? Were there any issues?

Very sorry you had a denial and wishing you approval on the next attempt.

Hello, thank you for your post and suggestion. However, because it is a CR1 visa (spousal visa), it never expires like a fiance visa. I don't think I want to do that, I mean refile. I'm just wondering about the time frame, if anyone has had this experience with a spousal visa denial.

[Ryan H 3,790]

Filing a new petition in this circumstance is not advisable, doing so will not increase chances of a better outcome (if anything, you can end up in the same situation). Furthermore, you would have to withdraw the old one without the opportunity to rebut the reasons why the visa was denied in the first place. Since approved spousal visa petitions never expire, USCIS will have to act on it once they receive it. USCIS could also simply reaffirm their original approval of the petition without the petitioner needing to do anything (this is a rare circumstance, what I'll explain next is what you should prepare for). If they send a Notice of Intent to Revoke (NOIR), the notice will state why it is being sent along with a deadline to send a rebuttal (usually 30 days). An NOIR rebuttal must address all reasons in the notice. A proper rebuttal does not guarantee reaffirmation of the petition nor does reaffirmation guarantee that a visa will ultimately be issued.