Spouse Visa Denied

[yoda1981 0]

Good Evening,

My husband had his visa interview March 1st. They asked him one question and denied his visa. I was told the evidence from the I 130 interview would be forwarded to the visa center and then to the embassy it was not. They asked how we met... which was not a detailed meeting. We are heart broken. We have been married 4 years this summer. My husband barely makes enough to support himself with out my help. We are very frustrated that they said there was no evidence of a bona fide marriage when they didn't ask for any documents. We don't know what to do we were told it was denied given a red piece a paper and told it would be sent to the DHS office and we could revocate the decision but how? Do we have to wait until we get info from them? Can we start now? My husband was deported 4 years ago and when I questioned the embassy about the one question and their tone they had with me they told me he wasn't eligible for a visa for almost a year anyway. We are upset and understand visas can get denied but if they denied under the deportation we could have filed a wavier. Any advice or suggestions would be appreciated. We are struggling and don't know if we can afford a lawyer at this time.

[rodceasar 34]

Can only say, I truly feel your pain and hope some of the embers here can guide you accordingly...

[Darnell 8,478]

what visa was he interviewing for, and what country ?

[yoda1981 0]

what visa was he interviewing for, and what country ?

Spouse Visa, and Kenya

[Moomin 292]

Deported might have played a part in denial of the visa. You say he was deported 4 years ago and you were married 4 years ago too. Any connection there..?

[Darnell 8,478]

K-3 visa? IR-1 visa? which ?

[canadian_wife 1,823]

Why was he deported? When did you meet and marry within the timeline of his deportation?

good luck

[pushbrk 12,978]

As you've probably gathered by now, your options will depend on the actual circumstances. There's no one size fits all answer to what to do now. I take it since you mentioned the I-130 evidence that this would have been an IR1 visa interview. Is that correct?

Usually I would ask for a detailed report of the interview, including the questions and the answers. Since there was only one question, what was the answer? Also, please elaborate on the deportation issue and how that relates to your meeting, the timing of and reasons for your marriage. All these items are important to know, in order to make any meaningful recommendations.

[NigeriaorBust 4,087]

If you married while he was under deportation process then they will assume the marriage was for immigration purposes. To overcome this you will need to have provided lots of proof that this isn't true. When did you meet in relation to the deportation ? When did you marry ? Have you visited him since then ? Have you co mingled things ? What proof did you provide ? We were originally denied but we are together so there is hope.

[Samoray 165]

Seems like he got banned for 5 years

[yoda1981 0]

Can only say, I truly feel your pain and hope some of the embers here can guide you accordingly...

THank you

[yoda1981 0]

As you've probably gathered by now, your options will depend on the actual circumstances. There's no one size fits all answer to what to do now. I take it since you mentioned the I-130 evidence that this would have been an IR1 visa interview. Is that correct?

Usually I would ask for a detailed report of the interview, including the questions and the answers. Since there was only one question, what was the answer? Also, please elaborate on the deportation issue and how that relates to your meeting, the timing of and reasons for your marriage. All these items are important to know, in order to make any meaningful recommendations.

I believe so I hate to say I am not sure what kind of interview. We filed an I -130 and it was approved June 1, 2010. I was told at the interview the I 130 that depending on their decision if it was approved it would be sent to the visa center. Which it was and we compiled all necessary documents. They asked how we met and my husband answered through yahoo messenger chat room... they kept asking what website and he replied chat room through yahoo. Which it was I hate to say it isn't very detailed I don't even remember what chat room it was. Then they asked if he had ever been to the states.. he said yes they said when did he leave he answered. Then they asked again what website he met me he answered his first answer and they denied. None of the evidence that was handed in they said was in the file. He was deported because his case was dismissed for aslyum he was unaware of this. We met in the spring of 2006 was engaged in July had wedding plans for December in U.S. and with his family for the summer of 2007. We continued with our wedding plans when he was deported. When I had my I 130 interview I handed in phone records, phone cards, emails, letters, cards, affadavits of our relationship, health insurance together. I love my husband and we met I am sure in their eyes not at a good time. But why wasn't this information forwarded to the embassy and if it wasn't where is it. They said none of this was there. The file was so big they rubber banded together at my interview and I asked if I should go and they said yes it would help alot. Then they changed the law in Nov. 2010 in March 2011 they wouldn't let me in the interview. Nor did they ask my husband to give any evidence of our marriage. We do have an age difference of 15 years. I am just lost. Do we get something from immigration with their decision? All we have is a red piece of paper from the embassy with the denial based on marriage no evidence and for immigration purposes only. I love my husband we talk every day and I have documentation that was sent to them... any advice would help.

[yoda1981 0]

If you married while he was under deportation process then they will assume the marriage was for immigration purposes. To overcome this you will need to have provided lots of proof that this isn't true. When did you meet in relation to the deportation ? When did you marry ? Have you visited him since then ? Have you co mingled things ? What proof did you provide ? We were originally denied but we are together so there is hope.

He was deported in Jan. 2007. We got married in July 2007. We met in 2006. We were engaged July 2006. He detained by immigration August 2006. We have affavadits, letters, phone records, phone cards, emails, letters, photographs. We were told things would be forwarded to DHS here to we wait to here something from them before filing an appeal??? I am trying to be hopeful it is just really hard. Because the hope was things were finally moving our lawyer we had lost our paperwork and never filed it when he told me with immigration. We both are unfamilar with the process. If my husband had a good job I would just move to Kenya. He doesn't have power or running water. I just want the basics and be with my husband and are trying to go the appeal process for my family. It was very hard to come home. I feel like immigration should follow you around after they decide what they do and see how you act. Because how horribly upset we both are they would know our marriage is so real it isn't funny. We talk everyday and I have that record wouldn't the DHS office that interviewed me in america send it along with his file what is what they told me ....

[yoda1981 0]

Deported might have played a part in denial of the visa. You say he was deported 4 years ago and you were married 4 years ago too. Any connection there..?

We met in 2006 engaged July of same year. He was detained August 2006- Jan. We continued with our wedding plans for July 2007 in Kenya. It's hard to find the person you have been waiting for your whole life and have it taken away so fast. They didn't ask anything about the time line of your relationship . Just how we met which was through a chat room for the state we live in I think. I hate to say I never planned to go out with him he was just persistent. They didn't ask him anything else they kept pressing him for a website. It was through yahoo messenger chat room. They kept asking him like they didn't like his answer.

Seems like he got banned for 5 years

We don't have any information saying how long he was banned for. I have requested information from the freedom of information act but still on the wait list.

[Darnell 8,478]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***