things got complicated

[Lilly Jathol 7]

First of all, sorry I don't have my timeline updated but I basically started this process in March 2011 and have gone through the entire process. My husband had his interview in New Delhi India on January 17,2012. He was given 221(g) for more proof of bonafide relationship,our case went into AP and got sent back to USCIS on June 8,2012 because "A consular investigation into Mr. Singh’s case confirmed that he married solely for immigration purposes."

The question that I have has to do with the fact that my husband was offered a job in Dubai and may be going there in less than a month to work.

How will this affect our Visa process?

Do we need to notify USCIS/NVC/etc. of his change in address?

Can we complete this process in Dubai or will he need to travel back to India for his medical exam and interview?

Any answers will help

Thank you

[Ryan H 3,812]

Once USCIS receives the file back, they will do one of two things, reaffirm their original approval of the petition or send you a Notice of Intent to Revoke (NOIR). If you receive an NOIR, you must respond to it by the given deadline (NOIR deadlines are usually 30 days) and you must address all points as to why you were sent the notice in your response. Failure to respond to an NOIR or failure to properly respond to an NOIR will result in the petition being revoked and a mark of misrepresentation being placed against your husband which means he would be permanently banned from entering the US without any chance of for a waiver.

Once USCIS receives your NOIR response, they will review what you sent and make a decision (reaffirm or revoke).

Be aware that a proper NOIR response does not guarantee reaffirmation, if the original approval is ultimately revoked, you would then have to go through the appeals process.

If USCIS reaffirms their approval of the petition after receiving your NOIR response, it will be returned to the State Department for another interview (issuance of a visa is not guaranteed). If he is still in Dubai by the time your file gets to this point, then you can try to have the interview at the Embassy in Abu Dhabi (the Consulate in Dubai does not do immigrant visa interviews).

[Lilly Jathol 7]

Thank you for replying.

Up until now I have done all the paperwork for our case myself. Could the fact that he didn't get his visa have anything to do with this? Do you think it would be beneficial for me to get an immigration lawyer now?

[Ryan H 3,812]

Up until now I have done all the paperwork for our case myself. Could the fact that he didn't get his visa have anything to do with this?

No

Do you think it would be beneficial for me to get an immigration lawyer now?

That's a decision only you can make.

Edited July 4, 2012 by Ryan H

[Lilly Jathol 7]

I feel like I have done all the paperwork fine myself, and don't want to spend the extra money on a lawyer, but my husband keeps insisting we get a lawyer.

By the way, I think that its great you met your spouse on Myspace. I also met my honey on Myspace

[pushbrk 12,975]

I feel like I have done all the paperwork fine myself, and don't want to spend the extra money on a lawyer, but my husband keeps insisting we get a lawyer.

By the way, I think that its great you met your spouse on Myspace. I also met my honey on Myspace

Ryan has answered you well, but you must realize that there's a lot more to obtaining a spouse visa than well done or correct paperwork. Your opening post indicates the Consular "investigation" before and AFTER the interview has caused them to conclude your husband is in the relationship only for immigration purposes. My advise is to do your own "investigation" as to why they came to that conclusion.

You may need professional assistance so that you can disclose and/or be asked about all the details of your case and relationship, to assist you in determining why this denial occurred, whether it was justified, and if not, how to proceed.

Any NOIR response is not filling out a form. It's additional evidence and explanation, that must convince USCIS the Consulate was wrong, and then a second interview that convinces a Consular Officer they original decision was wrong. You can't do any of that until you understand how they reached that original decision. Once you do, there's at least some chance YOU will agree with that decision.

[Lilly Jathol 7]

I do have an idea as to why our case was sent back, we were not able to submit all the evidence we have of our relationship and we do have some "red flags" in our relationship (I have been married before, I have children from my previous relationship, I am older than him, etc.) I have heard that they will tell you why they made the decision when USCIS sends you the letter with the opportunity to appeal their decision and submit more evidence so I have been waiting for that.

I did write all of my local congressmen and Secretary of State Hillary Clinton while my case was in AP and they were all helpful. I think I will start writing them again so they can make inquiries for me as to exactly why the decision was made so I will be ready to submit the evidence they need.

Thank you for your reply and advice.