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Danrog

Cr1 denied twice

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My husband's cr1 visa denied twice by New Delhi (USA embassy) n then case been sent back to NVC in nov/2014 but now I check wid uscis regarding my petition n uscis said our case has been forwarded to department is states for visa process so my question is is it possible cause I've been told by lawyer it's gonna b leanthy procesure n uscis suppose to send me notification to appeal for revocation of embassy decision but online n uscis saying my petition is been sent to NVC by uscis without contacting me so if anybody can help me??????

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The million dollar question.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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They didn't gave us any reason on second time but first time they said lack of evidence.

But my question is does uscis can send case back to nvc for visa processing after second refusal without contacting petitioner????

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My husband's cr1 visa denied twice by New Delhi (USA embassy) n then case been sent back to NVC in nov/2014 but now I check wid uscis regarding my petition n uscis said our case has been forwarded to department is states for visa process so my question is is it possible cause I've been told by lawyer it's gonna b leanthy procesure n uscis suppose to send me notification to appeal for revocation of embassy decision but online n uscis saying my petition is been sent to NVC by uscis without contacting me so if anybody can help me??????

They probably haven't received it from NVC yet and are quoting the status from when your I-130 was approved the last time.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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They probably haven't received it from NVC yet and are quoting the status from when your I-130 was approved the last time.

Initially we filed our petition in sept/2011 n in June/2012 got refusal from embassy after 221g n then got reaffirmed from uscis after reply of NOIR in aug/2014 n then embassy refused visa again in oct/2014 n case been sent back to nvc on 11/25/2014 n now on uscis it's showing case has been sent back to nvc for visa process on 12/31/2014 so u sure is that something wid I130 review???????

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Initially we filed our petition in sept/2011 n in June/2012 got refusal from embassy after 221g n then got reaffirmed from uscis after reply of NOIR in aug/2014 n then embassy refused visa again in oct/2014 n case been sent back to nvc on 11/25/2014 n now on uscis it's showing case has been sent back to nvc for visa process on 12/31/2014 so u sure is that something wid I130 review???????

As I read post here, people advice here to get congressman involved in the major problem. So hope you could done that. Also call, NVC, USCIS, Embassy everyone. Of course, since first time you had worst experience of denial, second time you might have not done the same and provided them with all relevant evidence they need. Here no body knows specifically that what exactly USCIS or NVC needs as an evidence, we just follow others and what we read about it. Basically they just want to testify bonafied marriage ( like pictures, communication data list, certificate, travelling itinerary, almost everything you have to prove). Don't know what they think, when they being judgmental on individuals relationship and give denial. It is so difficult now a days. Attorney's are not doing anything unless we push them to do ( as per my own experience).

Good luck....I hope you find best way to figure out your problem.

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Thanks for all replies it's been helpful n I'm doing all I can means calling everywhere n contacting congressman too but my question here is still remain unanswered.

Does uscis can send back embassy refused case to nvc for visa process without contacting petitioner???????

Thanks for all replies it's been helpful n I'm doing all I can means calling everywhere n contacting congressman too but my question here is still remain unanswered.

Does uscis can send back embassy refused case to nvc for visa process without contacting petitioner???????

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Thanks for all replies it's been helpful n I'm doing all I can means calling everywhere n contacting congressman too but my question here is still remain unanswered.

Does uscis can send back embassy refused case to nvc for visa process without contacting petitioner???????

Thanks for all replies it's been helpful n I'm doing all I can means calling everywhere n contacting congressman too but my question here is still remain unanswered.

Does uscis can send back embassy refused case to nvc for visa process without contacting petitioner???????

Yes, the USCIS can send the case back without contacting the petitioner if they feel the Embassy acted incorrectly. It is rare. Usually the USCIS issues a NOID (notice of intent to deny) to the petitioner and the petitioner has a certain number of days to appeal. Maybe because this is your second denial at the Embassy, the USCIS wants them to expalin why they keep denying your visa when the USCIS thinks it is a valid relationship and you should be issued a visa, but the Embassy has different ideas.

Good luck,

Dave

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It's weird that this is their second denial yet USCIS has sent it back to the embassy once again without contacting the petitioner to submit further evidence.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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It's weird that this is their second denial yet USCIS has sent it back to the embassy once again without contacting the petitioner to submit further evidence.

I do not think it is weird. The USCIS is telling the Embassy that THEY think this is a legimate relationship and the Embassy should issue the visa. The Embassy thinks otherwise. It is the Embassy that issues the visa. Unless the OP can overcome the initial reason for the denial--i.e. evidence of a bona fide relationship--the Embassy is going to deny again and send it back to the USCIS and then the USCIS will decide what to do. Or the Embassy will decide they were wrong in their decision to deny the visa and issue the visa--anybody want to take bets on this happening?

OP: The Embassy may ask you for additional information to prove the relaionship is not for circumventing US immigration laws. Or you may get caught in a battle between the USCIS and the Embassy and your case drags on until that is resolved. It might be a good idea to get your congresscritter involved or a senator to see if they can help resolve this issue.

Good luck,

Dave

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The incredible thing is that the USCIS can issue a travel document and advance parole no matter what the state department says. The law gives them the final say over petition approval. I don't know why they let the embassies and DOS get away with this nonsense.

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