CR1 visa was cancelled without prejudice

[M&Z 0]

Hello Vjers, 

my wife had her interview weeks back and was approved but she was contacted some days ago to return the visa packets to the embassy and she did last Monday. 

Reason: They claimed that my divorce certificate with my ex wasn’t valid and which isn’t true because the certificate is valid and authentic. Her visa was cancelled without prejudice. 

 

Steps taken: 

We contacted my lawyer who helped with the divorce certificate years back and he made us understand it was filed but wasn’t online because during the period we had the divorce there was nothing like E-Filing & he made us understand the embassy didn’t visit the court to make investigation. 

However, He met with the judge of the high court and explained the situation and they wrote a letter to the U.S embassy and attached the divorce certificate and also made the embassy understand that the certificate is a genuine one and it has been registered online. I want to believe that’s how best we can prove it’s a genuine one. 

But we don’t know what next should be done, if the embassy will contact us to come for reissuance or do we need to take some other steps. Kindly advice because I need my wife here with me, the struggle is exhausting. 

 

 

Pleass what can we do to fasten the whole process and do you think the embassy will respond to the letter sent from the High Court? Finally, will our case still be fresh with the embassy since it’s barely a month. Kindly advice 

[TNJ17 1,329]

It seems to me you need to file an appeal for the visa with USCIS. It’s not just a simple case of sending the embassy new evidence because they already denied them the visa. They’re not asking you for more evidence. They already made their decision. Lucky for you CR1 decisions can be appealed but you need to actually do it. I would ask your lawyer to formally file an appeal. It’s kind of strange he didn’t already. He should know this. So maybe get a new lawyer? 

[M&Z 0]

2 minutes ago, TNJ17 said:

It seems to me you need to file an appeal for the visa with USCIS. It’s not just a simple case of sending the embassy new evidence because they already denied them the visa. They’re not asking you for more evidence. They already made their decision. Lucky for you CR1 decisions can be appealed but you need to actually do it. I would ask your lawyer to formally file an appeal. It’s kind of strange he didn’t already. He should know this. So maybe get a new lawyer? 

Okay, do we just go ahead with the appeal before the case is been sent to USCIS because it just happened this May. How long does it take to get a response after filing for an appeal? What’s the process please? Thanks 

[TNJ17 1,329]

It is my understanding that the embassy will send your case back to USCIS and once USCIS receives it you can file an appeal. Search threads for CR1 appeal procedures and see what comes up on this forum. A lot of people on here have appealed. I would either get a lawyer for it or call USCIS and speak to a tier 2 officer to make sure you’re good. 

[Abies 1,713]

1 hour ago, TNJ17 said:

It seems to me you need to file an appeal for the visa with USCIS. It’s not just a simple case of sending the embassy new evidence because they already denied them the visa. They’re not asking you for more evidence. They already made their decision. Lucky for you CR1 decisions can be appealed but you need to actually do it. I would ask your lawyer to formally file an appeal. It’s kind of strange he didn’t already. He should know this. So maybe get a new lawyer? 

I think this is the best option 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.