CR1 Visa Denied at US Embassy

[Harsh_77 716]

The new DS160 doesn't ask but the DS156 used prior to that absolutely does. I don't know which application this person would have used.

The DS-160 does have a question if you have any immiediate relative in US.

[pushbrk 12,177]

The DS-160 does have a question if you have any immiediate relative in US.

Yes but it doesn't ask about a fiancee. The DS156 does.

[Harsh_77 716]

I am in a similar situation. My spouse applied for student visa and was denied. She was not engaged or married during the time so she didn't mention me in her student visa application. But we married after a short time and I applied for F2A. Should I expect the same for my spouse during interview?

Is there anything we can do?

Please start you own thread if you like ppl to advice you on your case, don’t hijack someone else’s thread.

Most ppl posting comments on this case are talking about CR1 visa which is for immigrant, your case seems you are on F1 in US and then you got married and now your spouse wants to come on F2A, that should not be problem.

Yes but it doesn't ask about a fiancee. The DS156 does.

No it does not say specific as fiancee, but it does ask for immediate relative and now if someone in right mind does not put fiancee on there as immediate relative, then I dont think anyone can help them.........

[pushbrk 12,177]

No it does not say specific as fiancee, but it does ask for immediate relative and now if someone in right mind does not put fiancee on there as immediate relative, then I dont think anyone can help them.........

IMO, a fiancee is NOT an relative of any kind, immediate or otherwise. The distinction is an important one, as simply trying to circumvent the fiancee visa process by using a student visa carries a different penalty than a direct material misrepresentation would. Not saying either of those happened in the case in question. I'm just pointing out the distinction. Which application was used, makes a difference.

[Done--Really 331]

The OP seems to have disappeared so we are all just talking to ourselves about hyptheticals--

El-Andalusi, please come back so we can try to help.

[El-Andalusi 7]

Just to be clear, a fraud investigation is primarily focused on the intentions of the foreigner, not the intentions of the US Citizen petitioner. Some fraud is mutual but most is not. Clearly one of their concerns is that he applied for a student visa while in a relationship with a US Citizen. Many pertinent facts are missing from the initial post, which may or may not shed light on the problem.

They are the same age, but how old? (This pertains to whether they are of "student" age.)

They have at least been acquainted since before the student visa was applied for. For how long and how serious was the relationship? The OP says the engagement wasn't "official" but just what WAS the relationship status when the student visa was applied for? Evasive answers raise suspicion.

How did the couple meet and how did their relationship develop?

Does the foreigner have family in the USA already?

If everything is on the up and up, the visa will probably eventually be approved, but it sounds like they are investigating to rule out first, whether the student visa application was an attempt to circumvent immigration law. If it was, that's a problem. We don't have the facts but the OP does.

------------

I found your answers very helpful and to the point. Thank you very much.

We met in 2008, and at the time my husband applied for a Student Visa, it was for him to take intensive English courses during the summer and return the home. He had work, events, and other commitments to go back to. We absolutely did not intend to use that route for him to stay here. We knew we were getting married at one point, but there was no date set. We already finished undergrad, grad schools. So we are older than the average college student. My husband has no family in the US, except now my family.

We got married a few months after the Student Visa was denied. Because it was the only time where we were able and available, due to time, work, school, budgets. We knew that our marriage will not be planned as traditional ones where the couple plan together and are involved in the planning while living close to one another, etc. So, we got married based on our long distance circumstances and knew we had to be flexible and sacrifice what we could for what we believe in.

Now, looking at it from their shoes I can understand their suspicions and we are willing to give them any evidence of our honest intentions. Namely, that our marriage is no where near an immigration-purpose-deal.

I am truly very thankful for the hard work those officers have to do to keep our country safer from marital fraud, we hear horrible cases where US Citizens got hurt and used for those reasons. The Consulate does their work, and we will do our utmost best to prove our petition legitimate and our marriage bona fide.

I am thanking all of you for all your support, the details, the advise, the encouraging words. You've all helped me somehow.

May god bless all of you and make your route of uniting easy and successful.

[El-Andalusi 7]

We used DS 156. And NO we were not engaged. He had proposed to me verbally, but we had no engagement ceremony, we didn't wear any engagement rings, we had no announcement to any friends or the family as a whole. Only our parents knew of our long future intentions of each other, because we told them.

He formally and officially proposed to my in July 2010, the same month we got married. All this was after the non-immigrant Visa Refusal.

The DS-160 does have a question if you have any immiediate relative in US.

[El-Andalusi 7]

IMO, a fiancee is NOT an relative of any kind, immediate or otherwise. The distinction is an important one, as simply trying to circumvent the fiancee visa process by using a student visa carries a different penalty than a direct material misrepresentation would. Not saying either of those happened in the case in question. I'm just pointing out the distinction. Which application was used, makes a difference.

Pushbrk, this definition is very helpful. Thank you so much for clarifying this. I am preparing a letter to send to them so this helps me a lot.

[El-Andalusi 7]

Fraud review cases are not frivolous, so there have to be some red flags in your documents, his immigration records, or his conversation at the embassy--put yourself in the shoes of the officer and see what smells fishy--then see what you can do to provide documents or explanations that you will have to provide to get through this.

The only record my husband has had with the Embassy prior to this past immigrant-visa interview was the denied student visa.

Thank you for your advise. I am starting to have a clearer idea why they are suspicious, we married just a few months after the student visa denial.

[pushbrk 12,177]

We used DS 156. And NO we were not engaged. He had proposed to me verbally, but we had no engagement ceremony, we didn't wear any engagement rings, we had no announcement to any friends or the family as a whole. Only our parents knew of our long future intentions of each other, because we told them.

He formally and officially proposed to my in July 2010, the same month we got married. All this was after the non-immigrant Visa Refusal.

A formal engagement ceremony is not required in order to be considered a fiancee. Most people don't have any ceremony of engagement, though it might be common in your culture. The above sounds like splitting hairs. By the definition of "engaged" or "fiance" checking the fiancee box as no on a DS156 could well be considered a material misrepresentation in your circumstances. It may not ultimately be considered in that way but I suspect that is the key issue that is being investigated at this time.

In short, what you are saying is that you and your fiance as well as your parents, knew of your agreement to marry, so you were "engaged to be married" by any reasonable common definition, at the time your fiance applied for a student visa. What was the reasoning behind taking the student visa route instead of the K1 route?

[El-Andalusi 7]

Sounds like the Fraud Prevention Unit will step in and do their job. They are very good at what they do.

The case will stay with the Embassy. You can request your Senator or Congressman to contact the Embassy on your behalf.

Thank you very much for your reply. I am so relieved to hear the case will stay with the Embassy. The lawyer told me that most likely they'll send it back to USCIS (which is our biggest fear due to the waiting and the time it takes).

[pushbrk 12,177]

Thank you very much for your reply. I am so relieved to hear the case will stay with the Embassy. The lawyer told me that most likely they'll send it back to USCIS (which is our biggest fear due to the waiting and the time it takes).

They may yet do that but not until their own fraud unit reaches its conclusion.

[El-Andalusi 7]

A formal engagement ceremony is not required in order to be considered a fiancee. Most people don't have any ceremony of engagement, though it might be common in your culture. The above sounds like splitting hairs. By the definition of "engaged" or "fiance" checking the fiancee box as no on a DS156 could well be considered a material misrepresentation in your circumstances. It may not ultimately be considered in that way but I suspect that is the key issue that is being investigated at this time.

In short, what you are saying is that you and your fiance as well as your parents, knew of your agreement to marry, so you were "engaged to be married" by any reasonable common definition, at the time your fiance applied for a student visa. What was the reasoning behind taking the student visa route instead of the K1 route?

________________________________________

No, we were not 'engaged to be married' we had a clarification of the intentions of our relationship. In our culture, a fiance is official once the religious leader has announced it with the parents present and the witnesses. Then both are considered engaged. And we wouldn't call each other fiance prior to that happening. I hope this makes sense.

I understand that that is the key issue that is being investigated right now. However, the definition I read of a Material Misrepresentation is NOT the accurate mark for our case and circumstances. I think!

Edited May 26, 2011 by El-Andalusi

[El-Andalusi 7]

Tout d'abord, pas de panique!

Vous devez vous mobilizes et reagire vite. Si votre relation est sinsaire, montrez-le.

En basent sur notre experience avec l'ambassade US en Algerie, je vous conseille de reagir rapidement et de leur envoyer par e-mail tout les preuves que vous pouvez leur donnez pour fournir les preuves de votre relation. Les lettres, les copies des billets de voyage, des visa, des photos, les check de payements, les list des appels, tout, tout, jusqu'a derniere petite preuve. Ecrivez les lettres explicant en details comment se construisais votre relation. Demandez vos parents, amies et les gens, qui sont capables de confirmer votre relation, d'ecrire les lettres de soutients. Qu'ils ecrivent comment ils le sentent, que de vrais temoignages.

L'aide de senateur etais tres precieuse pour nous.

Pensais d'aider aux service consulaire dans leur travail, soyez positive et proposez tout votre participation et ouveture.

Les appels ne pas fonctionnez dans notre cas, ni les demandes de r.v.

Apres trois semaines d'effort nous avons eu notre visa et nous sommes ensemble et tres heureux.

Bonne chanche!

Merci infiniment! I am fluent in French so I will reply in English, to be fair to everyone who is looking for information and help. In brief summary, his very kind person is writing me the following:

Not to panic, to do my best to write letters, contact friends, family, public officials to help write letters, act fast and immediately, gather all necessary evidence to the last bit of evidence available. While phone calls to the consulate proved unsuccessful, this couple received great help from their senator in their process and succeeded after 3 weeks in the process.

I am running wild here writing, making phone calls, digging for evidence, and rushing to put it together all very soon. Definitely, planning on getting our senator involved. Family and friends are very supportive and just doing my best to stay strong, keep my faith high and trying to remember to sleep and eat.

Thank you!!!!!!

[El-Andalusi 7]

Look, we have all said the same thing in different ways--first come clean with yourself about what the red flags might be, and then tell us so that others with the same experiecne can help. So far you have not answered a single question that is intended to help--not hurt. Suck it up, girl, and then we can get focused on a solution. No details--no help--pretty simple isn't it.

'Suck it up girl??!! Listen, I am new to this site and I didn't receive any notifications on the comments people have been leaving. I kept checking back in to this site and looking for some kind of notification. I just happened to figure it out, that I need to click back on the topic I created and scroll down. As a facebooker, I suppose I was expecting other communication methods on here. Sorry guys! I am still learning this thing, and playing around with the 'settings' ... I must say this is not very user friendly, although I am technically very savvy