case sent back to uscis ir1

[sam_soliman 0]

hi every one on visajourny

my case was sent back to uscias . my wife called the congressman and been told that is because we havnt met for 3 years . we married for 8 years and my wife lived with me in Egypt for 5 years . because of the events in egypt and because wasnt safe my had to go back to usa . and when everything get better here she couldnt come back to Egypt because she have problem with her back and doctor told her its risky for ur back to fly for long time or sit for hours . now iam confused and dont know what to do to proof our relationship if my wife cant come to see me and sure i cant go to see her without visa

i hope and pray i find solution

[Tino 20]

hi every one on visajourny

my case was sent back to uscias . my wife called the congressman and been told that is because we havnt met for 3 years . we married for 8 years and my wife lived with me in Egypt for 5 years . because of the events in egypt and because wasnt safe my had to go back to usa . and when everything get better here she couldnt come back to Egypt because she have problem with her back and doctor told her its risky for ur back to fly for long time or sit for hours . now iam confused and dont know what to do to proof our relationship if my wife cant come to see me and sure i cant go to see her without visa

i hope and pray i find solution

I seriously doubt that is the ONLY reason . "my wife called the congressman and been told that is because we havnt met for 3 years" I have not seen my wife for 3 years also BUT we are married 22 years didn't encounter any trouble like that. You will have to call USCIS to get more information of why it was returned back.

In your 5 year marriage (living together) did you have any kids ? Cause i know cultural wise (Egypt) kids come fast

Edited July 31, 2014 by Tino

[Penguin_ie 5,986]

How often did you talk during these three years? Did you show lots of proof of communications (emails, phone bills etc)?

Were you able to answer questions about where your wife lives, who her current friends are, what she works at etc?

Have you tried for a tourist visa or to meet in a third country?

[Ian H. 207]

USCIS doesn't care about the viability of the marriage. They only care that the marriage wasn't entered for immigration purposes. The fact that you have been married for 8 years and that she lived with you in Egypt for 5 of those 8 years is what counts. My mother and father hadn't been together since 1997 when my father came at the end of 2001. As long as your marriage is still valid and you guys aren't legally separated, this will not be a problem.

Here is a link on the relevant case:

http://www.justice.gov/eoir/vll/intdec/vol17/2782.pdf

You should appeal if your visa was denied on those grounds.

[Ryan H 3,795]

Moved from Progress Reports to Process & Procedures.

[NikLR 13,220]

USCIS doesn't care about the viability of the marriage. They only care that the marriage wasn't entered for immigration purposes. The fact that you have been married for 8 years and that she lived with you in Egypt for 5 of those 8 years is what counts. My mother and father hadn't been together since 1997 when my father came at the end of 2001. As long as your marriage is still valid and you guys aren't legally separated, this will not be a problem.

Here is a link on the relevant case:

http://www.justice.gov/eoir/vll/intdec/vol17/2782.pdf

You should appeal if your visa was denied on those grounds.

As far as I can tell based on VJ the USCIS and DOS (aka consular officer) want proof of a genuine ON GOING marital relationship, not just proof you entered without the purpose to obtain a visa.

[Ian H. 207]

The circumstances of each case are different. For my parents it was easy to prove the marriage was genuine because they had two kids and had been together since before my mom immigrated to the US. In this case we don't know the specific circumstances of the case. However, I do know based on the above case that I posted, they cannot deny him a visa based on the fact that they are no longer together. If they are not legally separated or divorced, the question that remains is whether the marriage was entered into with good faith. If the consular denied his visa solely on that fact, they have to appeal because he didn't deny it within the law. Hire a lawyer and file an appeal. Like I said I don't know the full circumstances of your case, but if the visa was denied soley on those grounds you would need to prove that the marriage was entered with good faith. These kind of cases don't come to the BIJ because people did nothing. They come to the BIJ because people react and appeal on time.

[sam_soliman 0]

How often did you talk during these three years? Did you show lots of proof of communications (emails, phone bills etc)?

Were you able to answer questions about where your wife lives, who her current friends are, what she works at etc?

Have you tried for a tourist visa or to meet in a third country?

we been talking almost every day on face book and i used to call my wife every 3 days on phone i had all emails since we met each other and the phone bills but they . at the interview i been asked only 3 questions . where was the first time u and ur wife met and when was the last time u seen each other . what the name of the city where ur wife live . and all answer sure was right . he even toke the passport and after 10 days they sent it back with letter say that my case was return to the uscis . but at the interview no body asked me about any proof for the communications . beside we cant meet in third country coz its hard me to get visa . may be more easy for my wife .

[sam_soliman 0]

As far as I can tell based on VJ the USCIS and DOS (aka consular officer) want proof of a genuine ON GOING marital relationship, not just proof you entered without the purpose to obtain a visa.

u r completely right but the idea is i have all the proofs why they just didnt ask me in the meeting at least i would send it to them

[NikLR 13,220]

u r completely right but the idea is i have all the proofs why they just didnt ask me in the meeting at least i would send it to them

I don't know. I was replying to the person I quoted for the misinformation i felt they were providing you and others.