Appeal or Refile

[lurie5 0]

my husband sent uscis a lot of evidence , photos , inbox and sent box , letters from family ect but we got a letter saying that uscis is revoking the visa for reasons that don't make sense . We were told we can do an appeal . but we know that this will take a long time and is not certain . so we are thinking of maybe just starting over again with IR-1 since we have been married for two years now . will this cause any problems to start over ? should we do the appeals instead ? we don't know what we should do and need advice . Thank you

[Ryan H 3,790]

I'm confused, was a visa denied at an Embassy/Consulate and the petition sent back to USCIS or is USCIS denying the petition that was filed? Please clarify.

[lurie5 0]

I'm confused, was a visa denied at an Embassy/Consulate and the petition sent back to USCIS or is USCIS denying the petition that was filed? Please clarify.

the visa was refused at consulate via 221 g and sent back to uscis for further review , we got noir we sent a lot of evidence , photos , inbox sent box , letters from family ect but we got a letter saying that uscis is revoking the visa for reasons that dont make sense . we were told that we can do an appeal . but we know that this will take a long time and its not certain so we are thinking of maybe just starting over again with IR-1 visa since we have been married for two years now . will this cause any problems to start over ? should we do appeals instead? we dont know what we should do and need advice thank you

[Ryan H 3,790]

USCIS revoked the petition, since a visa was never issued, there was no visa to revoke.

What country is the beneficiary from? More importantly, what reasons did USCIS give you for the decision? It doesn't matter if they make sense to you or not at this point, people can't opine without complete information. What is the exact wording on the correspondence they sent you informing you of their decision?

One more questions, what kind of visa was sought at the interview?

Edited July 8, 2011 by Ryan H

[belinda63 2,981]

What visa did you originally file for? Re-filing makes no sense if you don't address the issues he was denied for originally, this is why we need to know why the petition was returned.

[Penguin_ie 5,984]

***** Duplicate thread removed *****

We need more information to help:

- Why exactly were you denied? Ie what does it say on your letter.

- Which country are you from?

- Any red flags (such as age difference, similar surname, USC petitioned for a foreigner before etc)

- How many times did the US citizen visit the foreigner?

You would get an IR-1 visa/ ten year greencard upon entry whether you win an appeal or start anew. There is no point starting new unless you can fix what the problem is though, otherwise you'll just get denied again.

Edited July 8, 2011 by Penguin_ie