My visa was denied and send back to NVC

[ARMANI KHAN 3]

Hello, My Dear's

Plz help me i got this letter from embassy:-

Dear Visa Applicant:

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following sections(s) of the immigration and Nationality Act. this information contained in the paragraphs marked with "X" pertain to your visa application. please disregard the unmarked paragraphs.

(X) Section 212(a)(5)a: This application for a CR1 visa has been denied as there is no petitionable relationship between the applicant and the beneficiary. our Fraud Unit has reviewed your case and confirmed that this case lacks the familal relationship to qualify for a CR1 cisa.

*WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED WITHIN ONE YEAR FOLLOWING VISA DENIAL UNDER SECTION 221(G) OF THE IMMIGRATION AND NATIONALITY ACT, SECTION 223(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.

[sachinky 464]

From what I understand, they're questioning the legality of your marriage. It's not so much of a 'sham/not a bona-fide relationship' but that they don't believe there is a familial (husband-wife) relationship between you and the petitioner which makes you ineligible for the (I-130) visa.

The FPU is never good news.

Time to get a lawyer.

Sorry about the denial.

Any red flags in your case?

[Audy_Rob 26]

It is hard to say if the Embassy/Consulate either believes a) The marriage does not legally exist or did not really happen as mentioned by sachinky or b) The conduct between you and alleged spouse does not appear to be like a real married couple.

But there is no doubt you need to be advised by an attorney how to proceed.

[ARMANI KHAN 3]

The embassy told me that tell to ur wife to contact with NVC for further process....

[ARMANI KHAN 3]

Hello, My Dear's

Plz help me i got this letter from embassy:-

Dear Visa Applicant:

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following sections(s) of the immigration and Nationality Act. this information contained in the paragraphs marked with "X" pertain to your visa application. please disregard the unmarked paragraphs.

(X) Section 212(a)(5)a: This application for a CR1 visa has been denied as there is no petitionable relationship between the applicant and the beneficiary. our Fraud Unit has reviewed your case and confirmed that this case lacks the familal relationship to qualify for a CR1 cisa.

*WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED WITHIN ONE YEAR FOLLOWING VISA DENIAL UNDER SECTION 221(G) OF THE IMMIGRATION AND NATIONALITY ACT, SECTION 223(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.

now plz tell me wat i need to do???? or wait to the decision of uscis???

[Darnell 8,478]

i see 3 options:

1. file a new I-130, on Tuesday, front load it with relationship evidence

2. wait out the USCIS, see if they actually give you any chance for the petition to be re-affirmed or they ask you (USCIS) for more evidence

3. move to Australia, the two of you (surely one of you qualifies for the work visa there? )

[ScottThuy 140]

Darnell said it.... in the first two options you must overcome the perception that your relationship is a fraud....

[Saddle Bronc 124]

i see 3 options:

1. file a new I-130, on Tuesday, front load it with relationship evidence

2. wait out the USCIS, see if they actually give you any chance for the petition to be re-affirmed or they ask you (USCIS) for more evidence

3. move to Australia, the two of you (surely one of you qualifies for the work visa there? )

Why did you pick Oz rather than Canada?

[Kathryn41 3,205]

Duplicate thread moved from Asia:South Regional Forum to US Embassy and Consulate Discussion forum and merged with existing thread. It is best to keep all immigration related questions in the appropriate immigration forum unless the issue is so unique it can only be addressed in the relevant Regional forum.

[Audy_Rob 26]

i see 3 options:

1. file a new I-130, on Tuesday, front load it with relationship evidence

2. wait out the USCIS, see if they actually give you any chance for the petition to be re-affirmed or they ask you (USCIS) for more evidence

3. move to Australia, the two of you (surely one of you qualifies for the work visa there? )

It is not clear from the letter that an I-130 can be filed as they might be stating they do not see evidence of a marriage. It is not clear if they are objecting to the claim of a marriage or if they believe it is a fraudulent marriage. If they believe there is no lehal marriage, then an I-130 will do no good.

[Hadiza 1]

I am sorry to hear about your case. You can ask your wife to contact her

local congressperson and see if he or she can inquire about your

case to the embassy. The embassy may give the the congressperson

more information and then you and your wife can see how to solve and

overcome the problem. You can also apply again too and make sure

you have lots of evidence of your marrigage. I wish you the best with

this situation.......Please let us know how things are going.

[ARMANI KHAN 3]

i see 3 options:

1. file a new I-130, on Tuesday, front load it with relationship evidence

2. wait out the USCIS, see if they actually give you any chance for the petition to be re-affirmed or they ask you (USCIS) for more evidence

3. move to Australia, the two of you (surely one of you qualifies for the work visa there? )

move to Australia for wat?

[Darnell 8,478]

To live with your spouse, make new life together .. Australia is great place for immigrants. AFter a few years, can get Australia citizenship, as well - and then, if truly wish to live in USA, you'll find it easier to immigrate.

Edited July 4, 2010 by Darnell

[Davis1 1]

To live with your spouse, make new life together .. Australia is great place for immigrants. AFter a few years, can get Australia citizenship, as well - and then, if truly wish to live in USA, you'll find it easier to immigrate.

Yeah Really make it look like that marriage was only for immigration purpose and get it more screwed then it is, cmon man this guy is hurting give him good advice he wants to be with his wife, Hey Armani tell your wife contact her Congressman or Senator ASAP and you guys will get more info doing this and you will really know what went wrong, hiring lawyer now not going to change anything what has happened unless you know what caused your denial.Hiring lawyer is only going to help you if you know the reason of denial, so lawyer can give you advice. Good Luck and don't take it easy Get on it and get stuff done.

Edited July 4, 2010 by Davis1

[JimVaPhuong 4,863]

Yeah Really make it look like that marriage was only for immigration purpose and get it more screwed then it is, cmon man this guy is hurting give him good advice he wants to be with his wife, Hey Armani tell your wife contact her Congressman or Senator ASAP and you guys will get more info doing this and you will really know what went wrong, hiring lawyer now not going to change anything what has happened unless you know what caused your denial.Hiring lawyer is only going to help you if you know the reason of denial, so lawyer can give you advice. Good Luck and don't take it easy Get on it and get stuff done.

He got good advice in the other thread he started about this topic:

http://www.visajourney.com/forums/topic/263055-embassy-send-me-passport-back/page__p__4036385#entry4036385

For some reason, he thought a second (or third??) topic would yield better or different advice.

The section of the INA which was quoted has to do with work authorization. They believe his marriage is primarily for the purpose of obtaining work in the United States. I asked a pointed question in that topic, but have not yet received an answer.

Mr. Khan, did you previously apply for a work visa to the United States? Knowing this is critical to knowing exactly how to address this denial.