How to come out of visa denial under act 212A5A 9 FAM40.1N (merged)

[aanu 7]

Why do Consular refer the work section INA 212(a)5(a) for denying the cr1(immigrant visa)? and what is all about section INA212(a)5(a) ?

Many CR1 visas got denied under section INA212(a)5(a) what can be the possible reasons?

Edited July 21, 2013 by aanu

[florida4life 29]

Seems like the CO suspect, that you entered in to marriage for fraudulent reasons. I would contact a lawyer ASAP and see what happens.

[NigeriaorBust 4,087]

It is a general refusal for invalid visa type. They feel that you don't really qualify for the visa type you applied for ( implying your marriage isn't real )

[aanu 7]

Cr1 visa denied and sent back to NVC under act 212A5A 9 FAM 40.1N .how to come out of this denial?

what all documents be enough to come out of this denial? is it easy to over come? Any body pls suggest how to over come this refusal.

Edited August 15, 2013 by aanu

[Oksana & Max 94]

If you want people to help you. You need to be a little bit more specific, what kind of proof of relationship were provided, why the CO think that this is fraudlent marriage, etc... Most likely you will need to refile, but you need to overcome all of the red flags that you have.

[milimelo 4,586]

Looks like they deemed your relationship for immigration purposes only.

What's the background - petitioner/beneficiary ages, employment, previous petitions?

[aanu 7]

i am (Indian lady)married with White american man .we met through a matrimonial site and became friends i was separated that time from my ex- husband. after near about 6 months ) divorce i got married and my husband filed for crt1 visa .

in our marriage only my parents and brother sisters were there and no one from my husband's side we both married under Hindu marriage act my husband converted his religion to Hindu and next day of our marriage we registered our marriage and got registration certificate same day after registration of our marriage my husband went back to U.S.A and we went forward with immigration process and near about one year of filling i got interview date in which i got two 221g sheets one to submit more document related to ongoing relationship and marriage.. and another to submit custody order regarding my daughter from previous marriage which i din't have that time so i had filed court case and court case took one year three months to finalize the case so with in the one year time limit to submit the 221 g document ,i had submitted all documents except of my daughter's custody document cos the case was not yet finished that time. after that our cases were on Admin. process and later denied under act 212a5a 9FAM 40.1N--------invalid petitions and returned back to NVC.

I had submitted our marriage registration certificate, some pics of our marriage,affidavits from my parents. call details, money transfer receipts, affidavit from my husband's brother and his step mother regarding our marriage, wedding card from both sides, e-mails, some letters and card. my husband came to meet me after two years of our marriage he went next day of our marriage (one year passed in immigration process and next year in fighting the custody case for my daughter so every month we both will thinking that as i will get paper from court i will get green light and will join my husband so two years time passed like this when we see that it will take long then my hubby came to meet me and spent one month with me)

this is my story, pls help me to come out of this visa denial we both are very upset cos of this denial its going to be three years of our marriage,some our relatives know about our marriage, we have also published in news paper about it..

pls advise us how we can come out of denial under 212a5a 9FAM40.1N.

[scienceworks 64]

From what I understand it's the inter-racial marriage that is the main reason for the denial. Have read here that Delhi consulate is notorious for denying inter-racial spousal applications.

Red Flags in your application:

• Affidavits are less credible. esp from family members.
• Your husband didn't visit you for 2 years. (Very big red flag)
• Lack of solid evidence

Evidences more relevant than affidavits

• In your Indian passport you can add his name as spouse.
• In his US Tax returns, he can add you as spouse
• In his US car insurance he can add you as non-driving, excluded driver
• You can start a fixed deposit bank account in India and add both you and your husband
• He can try adding you as a joint account holder in his US bank account.
• He should travel often and create a trail. Passport stamps, trips together, boarding pass, itinerary
• He can send gifts to you and create a basis for ongoing relations

Chats and phone calls are all supporting material not primary in my opinion. Anyone can chat and talk.

I believe the NVC will contact your husband regarding the denial. Check if you two got any of these evidences and try convincing NVC.

Edited August 15, 2013 by scienceworks

[scienceworks 64]

I believe the NVC will contact your husband regarding the denial. Check if you two got any of these evidences and try convincing NVC.

[Harpa Timsah 13,258]

How often has your husband visited you? And when? not once in TWO years?????

[aanu 7]

My husband visited me in January this year he was with me whole month and now again he is going to come on our third wedding anniversary in September.i has added my name and got credit visa card on my name through which i am doing shooing every month and he sent me money through western union and i have money transfer receipts and i get money from the bank so all the western union transactions are recorded there and now when my husband will come i am going to add his name in bank account here and also one fixed deposit together . i will gather more affidavits form my family and some relatives about our marriage..boarding passes and also planning to do some celebration of our third wedding anniversary and will get pics with relatives. we are genuine husband wife and loves each other much .and also looking for a good immigration attorney who has office in Texas ans expert in handling returned petitions under this act. pls advise me.

[Blueberry Pancake 311]

This is a list of recommended immigration attorneys (from immigrate2us.net forum)

There is one in Houston, TX as well.

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

Good luck. Hope it all ends well soon. Stay strong!

[aanu 7]

sorry there is some mistake n words on my above post ------- my husband has added my name and got visa credit card with my name and i am doing shopping with it every month and has all the receipt of it.

sorry there is some mistake n words on my above post ------- my husband has added my name and got visa credit card with my name and i am doing shopping with it every month and has all the receipt of it.

[Harpa Timsah 13,258]

sorry there is some mistake n words on my above post ------- my husband has added my name and got visa credit card with my name and i am doing shopping with it every month and has all the receipt of it.

sorry there is some mistake n words on my above post ------- my husband has added my name and got visa credit card with my name and i am doing shopping with it every month and has all the receipt of it.

That's not a good thing.

[TimeTravel 78]

I think you should hire a good attorney to do your paperwork. It may be helpful.