CR1 visa denial at Narobi embassy

[menhim 0]

My husband and I got to know each other in the year 2008.Then we got married in 2009 September.Under Kenyan law i. e civil marriage.he later filed I130 in December the same year, I was schedule for visa interview in October 2010.when I went for my interview, the CO at the time denied me visa claiming that our marriage is a fraud and she promised to send our documents back to uscis for further review which She did Cox my status reads that the uscis received the documents on 20 December 2010.My question is how long should we wait to hear from them? And we wedded under Kenyan law and in a civil office how can our marriage be termed a fraud?we have waited tooooooooooooo looooooooong.Thanks desperate for ur answers.

[menhim 0]

My husband is a u.s citizen and am a Kenyan. Still waiting for the day we'll re-unite.

[Penguin_ie 6,000]

Welcome to VJ!

They are not saying you are not legally married, they are saying they do not believe you have abonafide relationship- ie that you only got married to commit visa fraud and get a greencard. How often did you and your USC husband meet? What proof of a bonafide marriage did you submit (photos, emails, chat transcripts, letters, phone bills, recipts of gifts sent to eachother, wedding pics, guest list for the wedding etc)? What kind of questions did they ask you at the interview, and was there any you couldn;t answer or answered wrong?

Your US husband should contact USCIS and ask for a status update- they often let the file just expire, so he needs to keep in contact with them to let them know he still wants to persue the petition. It may also help if he contacts his local members of Congress and Senator for help.

[menhim 0]

Thank you for the reply, during the interview I took with me our marriage photos, family photos and rental and upkeep bills he's been sending me(I remember her asking why he sent so much money to me and inquired if we're involved in any kind of business)but I would say the money he sends is not beyond any amount a loved one can send to a spouse. On the frequency of us being together is a NIL my husband works round the clock and he only have one week's off on a monthly basis that bars him from coming to Kenya and we only communicate through the phone and emails. He's not come back since we wedded but we communicate daily

[menhim 0]

The only question I answered wrong was when she asked me how long my husband had stayed at his current house and I replied since he was born cuz it's his mother's rentals which he pays for and she answered "wrong"Every other question She asked I replied correctly and honestly till she told me it's like I had crammed everything! My husband's inability to visit me scares the hell out of me yet I understand his dilemma!

[Ryan H 3,902]

they often let the file just expire, so he needs to keep in contact with them to let them know he still wants to persue the petition. It may also help if he contacts his local members of Congress and Senator for help.

Incorrect, spousal visa petitions never expire. USCIS will either reaffirm it or send the OP's husband an NOIR.

OP: Your husband should follow Penguin's advice regarding keeping in contact with USCIS and/or having him contact his Senator or Representative. that could make things happen sooner rather than later.

Edited July 24, 2011 by Ryan H

[Penguin_ie 6,000]

Ryan is correct! Sorry about the wrong info, too early in the morning and no coffee

[menhim 0]

Its okay penguin was just starting to panic! Thanks Ryan _you guys are amazing! Penguin please take some coffee

[illnevergetthis 5]

Have your husband contact the embassy and find out what day the case was sent back. Once you have that date...mark your calendar for 120 days. If you do not hear from USCIS within 120 days (he's looking for the NOIR or reaffirmation during this time) have your husband call USCIS and put in a service request.

He needs to watch his mail carefully.

USCIS will send him notification when they receive the case, bur more importantly they will send him either a reaffirmation or a NOIR/NOID.

If he receives a NOID/NOIR, you will only have 30 days from the day USCIS send the notice. So, you will actually have around 3 weeks to send them information proving your case.

In the NIIR/NOID, it will state the reasons the CO sent the case back. This is what you'll need to prove is inaccurate.

Once USCIS receives your documents, mark your calendar again.

They will either send you a reaffirmation or a denial.

It is possible to get a reaffirmation without the NOID/NOIR. I hope this is what you get.

Good luck and make sure he watches the mail. Do not count on status updates...they don't always update.

If your case is reaffirmed, USCIS will send it to the NVC, who will forward it to the embassy. You will not have to pay the fees at the NVC again. Also, when it's at the NVC...you'll need to talk tonthe operator for information because the automatic system doesn't apply here.

[Ryan H 3,902]

If your case is reaffirmed, USCIS will send it to the NVC, who will forward it to the embassy. You will not have to pay the fees at the NVC again. Also, when it's at the NVC...you'll need to talk tonthe operator for information because the automatic system doesn't apply here.

Once the file is returned to the Embassy, you would most likely have to obtain new police certificates and have the medical examination again as the file would likely arrive at a time when the two are no longer valid.

[menhim 0]

The uscis stated that they received the document from the consular on 20th December 2010(I went for my interview On18th October 2010)He's called the uscis on different occasion and each operator has a different story to tell.(and I think it's past 120days!)

[illnevergetthis 5]

The uscis stated that they received the document from the consular on 20th December 2010(I went for my interview On18th October 2010)He's called the uscis on different occasion and each operator has a different story to tell.(and I think it's past 120days!)

You are definitely past the date. Have your SO call USCIS and tell them that your case was returned from the embassy and that the embassy returned it on Dec 20th. Ask them to please put in a service request for you. Your case should start moving again from that point. Just keep up with your dates.

Make sure to do this or it could take a lot longer.

You have to really watch your case at this point to make sure there are no mishaps.

When a case is reaffirmed and sent back to the embassy...each embassy is different at this point on a reaffirmed case. The embassy will notify you and give you an appointment and let you know what to do. The Amman embassy ask for "he will need to bring new medical, new police certificate , his passport, 2 photos and forms ds230 (1,2).". I wouldnt do any of this until it gets to that point because like i said...every embassy treats reaffirmed cases differently.

The most important thing right now is the service request.

Best of luck!!!

[menhim 0]

You are definitely past the date. Have your SO call USCIS and tell them that your case was returned from the embassy and that the embassy returned it on Dec 20th. Ask them to please put in a service request for you. Your case should start moving again from that point. Just keep up with your dates.

Make sure to do this or it could take a lot longer.

You have to really watch your case at this point to make sure there are no mishaps.

When a case is reaffirmed and sent back to the embassy...each embassy is different at this point on a reaffirmed case. The embassy will notify you and give you an appointment and let you know what to do. The Amman embassy ask for "he will need to bring new medical, new police certificate , his passport, 2 photos and forms ds230 (1,2).". I wouldnt do any of this until it gets to that point because like i said...every embassy treats reaffirmed cases differently.

The most important thing right now is the service request.

Best of luck!!!

Thank-you sooooooooooo very much hope all goes well for us

[rodceasar 34]

Am so sorry to hear about your dilemma. The Nairobi Embassy is a VERY difficult embassy to pass through and I know this from experience. Please take the advice of the previous posts here to get back on the right track and do not give up. They are notorious for accusing people of fraud and if you do not come with and provide an overwhelming amount of evidence, it will be difficult. I saw that you had a civil marriage ceremony, however they are always wondering why not enough visits by the US citizen, why no traditional ceremony, etc. Also, since he doesn't visit much and sends you a great amount of money, they are probably assuming that your family has paid him to marry. Also, do you have family pic's with him and your family (i.e. kenyan family, parents, grandparents, etc.)...

[menhim 0]

Hi rodceaser yes I have photos of him with my parents and entire family. Ave taken the advice given by these wonderful people on here and we have agreed to try them out. Mind sharing ur experience with me?What happened and did u manage to sail through? Thanx(and btw am looking for any Kenyan who had been in my situation and sailed through I wish to ask a few Qns)