IR1 Denied under Article 221 (g)

[mtcmk1 37]

Hello all,

I was asked to post this on VJ by my friend in hopes of getting a response:

"I have been married to my husband for 6 years 2 months today (January 15, 2007). We have known each other for 15 years (12 of which we were in a relationship with each other.) In April 2008, he filed for me to join him in the US. After many years, things were still at the NVC level. We waited and waited, and prayed until this January 2013, we received the NVC letter with an interview date for March 15,2013 at the Embassy in Haiti. The Embassy received every proof from the NVC and we brought more pictures and Western Union transfer transcripts, etc. We had a separate interview and the CO asked us many questions, but focused more on why we had a small wedding. We both answered that it was because we didn't have the means and while my husband, then my fiancé, came to Haiti for his mother's re-marriage we decided to do something small the following day (since he was leaving on the 16th of January.) The CO also asked us why we didn't have any kids. We explained that we tried but wasn't blessed with one. She didn't seem impressed. I know there are some red flags to our story... Like I am 6 years older than him; we haven't seen each other since 2010... In 2009, during his last visit, he was kidnapped and threatened to be killed (for no apparent reason, other than a cousin we believe is behind everything.) So, because he was kidnapped for 2 weeks and almost died, we got scared and we decided that it would be best for him not to travel outside of the US for a while. But in 2010, we wanted to see each other and we met in the Dominican Republic for a week (due to our jobs we could not take a longer vacation.) He became gravely ill after he got into the US and had to quit his job for a year. Then, he got another job and was not yet able to get vacation's time or the means to travel. But last week, he braced his fears and came to support me at the interview; only for us to get a refusal. We are both greatly saddened about this. We are ready to be together and it's realy hard that our life is still on hold because the CO doesn't believe we have a bona-fide marriage. They gave us a WHITE paper with Article 221 (g) checked. Every marriage is different. Ours may be long distance most of the time, but we did find ways to make it work. I am not very computer savvy, so I didn't even have an email address until last year. We talked via phone only. I am not sure what to do now. My husband wants to hire a lawyer but I don't know what they'll do differently than what we've tried to do... Please, any help and advice would be appreciated. Thank you"

From my research, they are supposed to be able to appeal this or should have been on AP in order to bring more evidence; however, the CO told them that their case would be returned to NVC/USCIS and they should contact them once they receive the letter from them. I am clueless at what to do. So, Thanks for all your responses.

[Darnell 8,479]

I would suggest a consult for an hour or three with Immigration Attorney Marc Ellis. Google the name, you'll find his contact info.

[mtcmk1 37]

I would suggest a consult for an hour or three with Immigration Attorney Marc Ellis. Google the name, you'll find his contact info.

Thank you Darnell! I will give them that information!!

[LaVegano 12]

Wow what a story. Why would a small wedding be a problem?? Our wedding was very small. Judge, my mother in law. 2 witnesses, my wife and myself on a beach in the Dominican Republic. It lasted 20 minutes. I would get with a immigration lawyer as other member suggested. Keep your head up and I hope you'll get back together. By the way I am going to Haiti in 2 weeks.

[dwheels76 5,484]

Hello all,

I was asked to post this on VJ by my friend in hopes of getting a response:

"I have been married to my husband for 6 years 2 months today (January 15, 2007). We have known each other for 15 years (12 of which we were in a relationship with each other.) In April 2008, he filed for me to join him in the US. After many years, things were still at the NVC level. We waited and waited, and prayed until this January 2013, we received the NVC letter with an interview date for March 15,2013 at the Embassy in Haiti. The Embassy received every proof from the NVC and we brought more pictures and Western Union transfer transcripts, etc. We had a separate interview and the CO asked us many questions, but focused more on why we had a small wedding. We both answered that it was because we didn't have the means and while my husband, then my fiancé, came to Haiti for his mother's re-marriage we decided to do something small the following day (since he was leaving on the 16th of January.) The CO also asked us why we didn't have any kids. We explained that we tried but wasn't blessed with one. She didn't seem impressed. I know there are some red flags to our story... Like I am 6 years older than him; we haven't seen each other since 2010... In 2009, during his last visit, he was kidnapped and threatened to be killed (for no apparent reason, other than a cousin we believe is behind everything.) So, because he was kidnapped for 2 weeks and almost died, we got scared and we decided that it would be best for him not to travel outside of the US for a while. But in 2010, we wanted to see each other and we met in the Dominican Republic for a week (due to our jobs we could not take a longer vacation.) He became gravely ill after he got into the US and had to quit his job for a year. Then, he got another job and was not yet able to get vacation's time or the means to travel. But last week, he braced his fears and came to support me at the interview; only for us to get a refusal. We are both greatly saddened about this. We are ready to be together and it's realy hard that our life is still on hold because the CO doesn't believe we have a bona-fide marriage. They gave us a WHITE paper with Article 221 (g) checked. Every marriage is different. Ours may be long distance most of the time, but we did find ways to make it work. I am not very computer savvy, so I didn't even have an email address until last year. We talked via phone only. I am not sure what to do now. My husband wants to hire a lawyer but I don't know what they'll do differently than what we've tried to do... Please, any help and advice would be appreciated. Thank you"

From my research, they are supposed to be able to appeal this or should have been on AP in order to bring more evidence; however, the CO told them that their case would be returned to NVC/USCIS and they should contact them once they receive the letter from them. I am clueless at what to do. So, Thanks for all your responses.

Yes a consult is in order. Some things I picked out.

1. I don't see mention what evidence they presented. For such a long long relationship they should have mountains of evidence.
2. If they knew each other 15 years and 12 was the relationship. How many visit to each other?
3. No internet cool. Phone logs, letters
4. Did they have affidavits from people attesting to their long relationship?
5. The age is hardly a red flag nor is not producing a child. A letter from a doctor attesting to problems might be helpful.
6. They must have millions of pictures with family and friends. Since he has been blessed to come here I would assume pics with both families.
7. Has either been married before?
8. Kids out of other relationships?

Just to name a few things I noticed. The visits and evidence are key. And that 5 year wait. Why so long? Delay on their part, USCIS, NVC. Like WOW

Edited March 15, 2013 by dwheels76

[mtcmk1 37]

Wow what a story. Why would a small wedding be a problem?? Our wedding was very small. Judge, my mother in law. 2 witnesses, my wife and myself on a beach in the Dominican Republic. It lasted 20 minutes. I would get with a immigration lawyer as other member suggested. Keep your head up and I hope you'll get back together. By the way I am going to Haiti in 2 weeks.

Will let her know of your sweet message! And have fun in Haiti :)

[mtcmk1 37]

Yes a consult is in order. Some things I picked out.

1. I don't see mention what evidence they presented. For such a long long relationship they should have mountains of evidence.
2. If they knew each other 15 years and 12 was the relationship. How many visit to each other?
3. No internet cool. Phone logs, letters
4. Did they have affidavits from people attesting to their long relationship?
5. The age is hardly a red flag nor is not producing a child. A letter from a doctor attesting to problems might be helpful.
6. They must have millions of pictures with family and friends. Since he has been blessed to come here I would assume pics with both families.
7. Has either been married before?
8. Kids out of other relationships?

Just to name a few things I noticed. The visits and evidence are key. And that 5 year wait. Why so long? Delay on their part, USCIS, NVC. Like WOW

Yes, these were all questions I had as well. I will talk to her sometime tomorrow and I will ask her about these...

I think the 5-year wait was due to the case being stuck at NVC level for no apparent reason...

[dwheels76 5,484]

Yes, these were all questions I had as well. I will talk to her sometime tomorrow and I will ask her about these...

I think the 5-year wait was due to the case being stuck at NVC level for no apparent reason...

Well shame on NVC sorry. Well goodness just them being together this long shows something of a Bonafide.

Tell them to hold on and God will make a way out of no way. Delayed is not a denial.

[dhaiti20 3]

Hello all,

I was asked to post this on VJ by my friend in hopes of getting a response:

"I have been married to my husband for 6 years 2 months today (January 15, 2007). We have known each other for 15 years (12 of which we were in a relationship with each other.) In April 2008, he filed for me to join him in the US. After many years, things were still at the NVC level. We waited and waited, and prayed until this January 2013, we received the NVC letter with an interview date for March 15,2013 at the Embassy in Haiti. The Embassy received every proof from the NVC and we brought more pictures and Western Union transfer transcripts, etc. We had a separate interview and the CO asked us many questions, but focused more on why we had a small wedding. We both answered that it was because we didn't have the means and while my husband, then my fiancé, came to Haiti for his mother's re-marriage we decided to do something small the following day (since he was leaving on the 16th of January.) The CO also asked us why we didn't have any kids. We explained that we tried but wasn't blessed with one. She didn't seem impressed. I know there are some red flags to our story... Like I am 6 years older than him; we haven't seen each other since 2010... In 2009, during his last visit, he was kidnapped and threatened to be killed (for no apparent reason, other than a cousin we believe is behind everything.) So, because he was kidnapped for 2 weeks and almost died, we got scared and we decided that it would be best for him not to travel outside of the US for a while. But in 2010, we wanted to see each other and we met in the Dominican Republic for a week (due to our jobs we could not take a longer vacation.) He became gravely ill after he got into the US and had to quit his job for a year. Then, he got another job and was not yet able to get vacation's time or the means to travel. But last week, he braced his fears and came to support me at the interview; only for us to get a refusal. We are both greatly saddened about this. We are ready to be together and it's realy hard that our life is still on hold because the CO doesn't believe we have a bona-fide marriage. They gave us a WHITE paper with Article 221 (g) checked. Every marriage is different. Ours may be long distance most of the time, but we did find ways to make it work. I am not very computer savvy, so I didn't even have an email address until last year. We talked via phone only. I am not sure what to do now. My husband wants to hire a lawyer but I don't know what they'll do differently than what we've tried to do... Please, any help and advice would be appreciated. Thank you"

From my research, they are supposed to be able to appeal this or should have been on AP in order to bring more evidence; however, the CO told them that their case would be returned to NVC/USCIS and they should contact them once they receive the letter from them. I am clueless at what to do. So, Thanks for all your responses.

I've read this twice, am sorry you got denied, but the doubts are there.... because of the circumstances him being kidnapped in 2009 he was afraid to come see you in Haiti right!; but in 2010 you guys found your way to see each other in the Dominican Republic. Honestly if I was the CO I would be thinking ok if you found your way in 2010 to see each other in the DR, what was stopping you from seeing each other again from 2010 to present even if it meant going back to the Dominican Republic to do so. Another thing they might be thinking is that he was so afraid to come to Haiti to see you all this time, but wasn't afraid to come just for the interview, Which was probably the biggest red flag I think. In the CO's mind they might think "ok he made no means to see his wife since 2010, but he made an attempt to come just for the interview Hmmmmmm"! He wasn't too afraid...Can you see my point? Another red flag is that the lack of communication. You may say oh we communicated by phone etc. but where is that proof? The CO doesn't see this. Put yourself in the mentality of the CO, if there are no proof (chat messages, emails, etc.)that there was some kind of communication going on especially with the big gaps of not seeing each other believe me the CO will not believe that this marriage is bonifide. Am so sorry to say that,and I don't want to be negative, but there is cause for doubts.

Edited March 16, 2013 by dhaiti20

[mtcmk1 37]

Hello everyone! Thanks for your replies.

I was finally able to talk with her and printed out your replies for her. She gave me a list of the proofs they brought with them to the interview! It seems like a lot to me… They were able to talk with a lawyer in Haiti to get some advice. The lawyer believes that the fact they haven’t seen each other since 2010 may be the reason for the denial. The husband went on 2 business trips during 2011/2012 and the lawyer said that he could/should have come to Haiti, no matter what. Once the husband reaches the states this coming week, he will contact another lawyer and try to get this fixed—even if it takes years, as they love each other and want to be together…

Here are the proofs:

1. Lot and lots of pictures, from before their relationships (during their friendship), their dating life, their wedding, and the visits, and this last week with family and friends.

2. Phone call logs from 2005-present

3. A binder with money orders from 2006-present (at one point, money orders were from Haiti; as she was supporting him when he was sick and out of work.)

4. Evidence of the trips they took together from 2006-2010 (mainly the DR and around Haiti.)

5. Affidavit from 4 friends.

6. Titles to the properties they have together in Haiti (a house, a piece of land, and a bank account.)

7. 2 letters from the Drs (one stating the husband’s low sperm-count and mobility; the other from 2010/2011 stating their strong disapproval of the husband working/traveling because of his sickness.)

8. The police report from the kidnapping.

I’m not sure what else I could have told them to bring. I just hope and pray that they find the solution to their problems.

EDIT: One more thing! I guess the case was closed for about a year (and it was reopened not too long ago) because the husband was unable to find a co-sponsor and he obviously didn't meet the requirements on his own from 2010-2011...I guess that's the reason for the long wait. Poor them. I feel strongly for them, but I don't think I can help them in any way. So, I strongly suggested that they see a lawyer and contact the lawyer suggested here by Darnell: Marc Ellis.

Edited March 17, 2013 by mtcmk1