Cr1 denied twice

[Danrog 1]

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??????

[NigeriaorBust 4,087]

Why was it denied

[Boiler 43,381]

The million dollar question.

[Danrog 1]

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????

[Ketsuban 1,033]

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.

[Danrog 1]

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???????

[K415 6]

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.

[Danrog 1]

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???????

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[Danrog 1]

Don't know wats that means can u explain

[Dave&Roza 748]

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

[Danrog 1]

Thanks Dave.

[Ketsuban 1,033]

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.

[Dave&Roza 748]

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

[ehklei19 18]

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.