CR1 Visa Denied!! 221g(a)(6)(c)(1)

[lonely135 0]

hello everyone, can someone please point me in the right direction my wife had her CR1 visa interview on 12/1/2011,(i am a USC btw) she was gaven a 221g during the interview, last month she got a notice from the embassy saying her visa is denied cuz of 221g(a)(6)©(1) (entered marriage for immigration purpose) and they are sending the file back to USCIS, i got a letter from USCIS acknowledging they got the file back last week. now here's my story i was married once b4 but that marriage ended legally here in the state of ohio, i have divorce papers from the court. my ex wife got custody of our only child. During the interview in Dec the embassy kept on asking to my present wife about my past wife. consulate thinks me and my ex wife still living together. We only live in the same state NOT the same house, is it against the law to stay in the same state after divorce? i dont have much money for a lawyer rite now but what i can do to prove that my marriage is not fake, she took our wedding video/photos/ relatives / etc during her interview but all was no use,. i m attching the letter she got in the mail. please help ...thanks

(i will input my timeline asap)

[AmyWrites 593]

What's your consulate?

[lonely135 0]

What's your consulate?

Mumbai!india

[Thomas&Cleofe 358]

It is important to gather as much documentation as you can to prove that you have an ongoing comittment to eachother. In your case maybe more than others....chat logs, phone call logs, pictures, travel documents, affidavits from both families stating that the marriage is based on love, joint bank accounts, joint real estate ownership, anything you can think of to show that your marriage is true. Also don't forget to appeal the denial.... Good luck to you.

[lonely135 0]

It is important to gather as much documentation as you can to prove that you have an ongoing comittment to eachother. In your case maybe more than others....chat logs, phone call logs, pictures, travel documents, affidavits from both families stating that the marriage is based on love, joint bank accounts, joint real estate ownership, anything you can think of to show that your marriage is true. Also don't forget to appeal the denial.... Good luck to you.

thank you i had most these evidence sent in but no real estate or bank account cuz i dont own anything here or there i can try to get her added to my bank here in the states, also is appeal free? or is there a cost? if so how much and what form to use to appeal,

[Thomas&Cleofe 358]

thank you i had most these evidence sent in but no real estate or bank account cuz i dont own anything here or there i can try to get her added to my bank here in the states, also is appeal free? or is there a cost? if so how much and what form to use to appeal,

The form is USCIS form EOIR-29 the cost to file this form is $110. Send an explanation with the form stating why you believe your petition should be approved. Send also the documents supporting your case.

[pushbrk 12,105]

The form is USCIS form EOIR-29 the cost to file this form is $110. Send an explanation with the form stating why you believe your petition should be approved. Send also the documents supporting your case.

This is wrong. What is going to happen is the case file will be sent back to USCIS with a recommendation USCIS revoke the approval of an already approved petition. USCIS will they either disagree and reaffirm their approval on their own (unlikely but possible) or (most likely) send the petitioner a NOIR (Notice of Intent to Revoke) giving the petitioner an opportunity to respond with any evidence or explanation they think should be considered before a final decision is made. There is no fee for responding to an NOIR.

It if and after USCIS were to revoke the approval of the petition that filing the EOIR-29 would be possible. Usually, in this kind of case, it's a fruitless exercise. After a revoked approval, it's best to either go spend significant time living together as husband and wife abroad, or move on.

The form is USCIS form EOIR-29 the cost to file this form is $110. Send an explanation with the form stating why you believe your petition should be approved. Send also the documents supporting your case.

This is wrong. The EOIR-29 is not used to appeal the decision of a Consular Officer. What is going to happen is the case file will be sent back to USCIS with a recommendation USCIS revoke the approval of an already approved petition. USCIS will they either disagree and reaffirm their approval on their own (unlikely but possible) or (most likely) send the petitioner a NOIR (Notice of Intent to Revoke) giving the petitioner an opportunity to respond with any evidence or explanation they think should be considered before a final decision is made. There is no fee for responding to an NOIR.

It if and after USCIS were to revoke the approval of the petition that filing the EOIR-29 would be possible. Usually, in this kind of case, it's a fruitless exercise. After a revoked approval, it's best to either go spend significant time living together as husband and wife abroad, or move on.

[Thomas&Cleofe 358]

This is wrong. What is going to happen is the case file will be sent back to USCIS with a recommendation USCIS revoke the approval of an already approved petition. USCIS will they either disagree and reaffirm their approval on their own (unlikely but possible) or (most likely) send the petitioner a NOIR (Notice of Intent to Revoke) giving the petitioner an opportunity to respond with any evidence or explanation they think should be considered before a final decision is made. There is no fee for responding to an NOIR.

It if and after USCIS were to revoke the approval of the petition that filing the EOIR-29 would be possible. Usually, in this kind of case, it's a fruitless exercise. After a revoked approval, it's best to either go spend significant time living together as husband and wife abroad, or move on.

This is wrong. The EOIR-29 is not used to appeal the decision of a Consular Officer. What is going to happen is the case file will be sent back to USCIS with a recommendation USCIS revoke the approval of an already approved petition. USCIS will they either disagree and reaffirm their approval on their own (unlikely but possible) or (most likely) send the petitioner a NOIR (Notice of Intent to Revoke) giving the petitioner an opportunity to respond with any evidence or explanation they think should be considered before a final decision is made. There is no fee for responding to an NOIR.

It if and after USCIS were to revoke the approval of the petition that filing the EOIR-29 would be possible. Usually, in this kind of case, it's a fruitless exercise. After a revoked approval, it's best to either go spend significant time living together as husband and wife abroad, or move on.

oh, Im sorry. Thank you for correcting.

[lonely135 0]

oh, Im sorry. Thank you for correcting.

So does this mean she can not come Here now what r her chances ??

[catknit 144]

If you can prove that you are in a legitimate relationship with paperwork when responding to the NOIR/NOID - then yes, she will be able to get the visa.

What's the back story on your ex though? Something got the CO thinking. There is absolutely no issue living in the same state or for that matter the same town as your ex [many divorced parents I know try to stay in the same school district...].

Are you desi also? Did you immigrate to the US at some point? Are there some "red flags" like significant age difference, significant class/caste difference, etc, etc, etc?

Did you go over on a Friday and meet her for the first time then marry on Saturday, fly home on Sunday, and file on Monday? That kind of thing makes COs suspicious too.

[pushbrk 12,105]

So does this mean she can not come Here now what r her chances ??

It means exactly what I said. So, no, she's not coming here anytime soon. She may have another opportunity in 9 to 12 months, if you're successful overcoming the NOIR....AND....she has a successful second interview.

Her chances depend on the totality of the circumstances. We don't know those, so any opinion would be a guess. Best to seek professional help at this point.

[yoke 2]

dude if u in ohio i got this good lawyer hit me up private

Edited June 25, 2012 by yoke

[bigdog 376]

I agree get a darn good attorney asap.

[djricky4 67]

Mumbai!india

Seems like the consulate in India is pretty hard huh. Read about a recent denial at the same consulate. All i can say is dont give up. if you really love the person, which i hope you do, you all will figure a way out to make it work. Just address the issues. try get stronger evidence to support you all relationships and more trips. these stuff help to clear doubts at consulates such as yours that is very hard on issuing the visa

[oceanbreeze 0]

Check the mena forum here..I read about some people who got reaffirmed after it was sent back..once they got the noir, they put together an extensive file without the help of a lawyer.

Organization and information are keys in your case: put together everything you can think of and prepare a letter on why they should not deny...and check the mena forum..

Good luck!