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Urgent! Was was denied visa in Ghana today

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  • 2 months later...
Filed: IR-1/CR-1 Visa Country: Ghana
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Ebunoluwa,

my wife has never travel to Mexico which i know for sure she has never traveled there neither has her Ex husband too. So i know they never travel there. She filed for her divorce decree through an Attorney they have an office in the US.

The divorce decree was issued by the Mexican Judiciary. My wife has been living separately from her Ex-husband for good 11 years before we met. I met my wife in January 2013 and she filed for her divorce decree in March 2013 and got the whole paper work in April 2014.

She came to visit me in Ghana May 2013 and we got married in June 2013. One will say we did everything fast fast but we were so connected and never thought there will be questions like why we got married so fast.

But before she filed for I-130 she wrote a letter telling USCIS when we met and how she enjoyed living with me in Ghana. So all her story about her Ex husband in the letter she wrote and included in the petition she submitted.

This is 100% the reason for your denial. There is something you're not being told if the decree was issued in Mexico but both have never been there. You have to file for divorce in either the place one or the other resides, or the place the marriage occurred. If she filed in Mexico legitimately, you can be sure that she has been there. That is why the CO kept questioning you about if she or her ex has been there, they know the answer already. The problem is, that you didn't know the answer. Someone is withholding details to you is what I am suggesting. You cannot just randomly choose a country to file divorce in.

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Filed: IR-1/CR-1 Visa Country: Ghana
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This is 100% the reason for your denial. There is something you're not being told if the decree was issued in Mexico but both have never been there. You have to file for divorce in either the place one or the other resides, or the place the marriage occurred. If she filed in Mexico legitimately, you can be sure that she has been there. That is why the CO kept questioning you about if she or her ex has been there, they know the answer already. The problem is, that you didn't know the answer. Someone is withholding details to you is what I am suggesting. You cannot just randomly choose a country to file divorce in.

Thanks for taking your time to read our story, honestly we are in darkness now because since Febraury 2015 uscis received our case back from the embassy we havent heard from them. We were told it takes 6 months for them to reafirm the case or give us Notice Of Intent to Revoke. Its over 10 months now we havent heard nothing from them..... So that is our update and i pray all this end soon.....

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Thanks for taking your time to read our story, honestly we are in darkness now because since Febraury 2015 uscis received our case back from the embassy we havent heard from them. We were told it takes 6 months for them to reafirm the case or give us Notice Of Intent to Revoke. Its over 10 months now we havent heard nothing from them..... So that is our update and i pray all this end soon.....

Have you received any letters from them saying they have your case?

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Filed: AOS (apr) Country: Cyprus
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It currently can take over a year unfortunately.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: IR-1/CR-1 Visa Country: Ghana
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Have you received any letters from them saying they have your case?

Mrs Bonsu yes we got an email from USCIS saying they got our case from Department of Homeland on February 10 2015. Yet we are still waiting nothing has changed....

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

This is 100% the reason for your denial. There is something you're not being told if the decree was issued in Mexico but both have never been there. You have to file for divorce in either the place one or the other resides, or the place the marriage occurred. If she filed in Mexico legitimately, you can be sure that she has been there. That is why the CO kept questioning you about if she or her ex has been there, they know the answer already. The problem is, that you didn't know the answer. Someone is withholding details to you is what I am suggesting. You cannot just randomly choose a country to file divorce in.

First of all It's legal to have a mexican divorce if you have never been there as long as a power of attorney establishes domicle for you. I have documents from the secretary of state of mexico showing i have established domicle there. My divorce is legal. USCIS have reviewed my divorce papers and approved our petition. USCIS reviews divorce documents from mexico everyday. The consular tells my husband my divorce is not valid in Mexico. However when my senator got involved she informed me that we were denied because they believe our divorce is a sham marriage to invade immigration laws. I have the letter the senator gave me. Why are they changing the story?

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

First of all It's legal to have a mexican divorce if you have never been there as long as a power of attorney establishes domicle for you. I have documents from the secretary of state of mexico showing i have established domicle there. My divorce is legal. USCIS have reviewed my divorce papers and approved our petition. USCIS reviews divorce documents from mexico everyday. The consular tells my husband my divorce is not valid in Mexico. However when my senator got involved she informed me that we were denied because they believe our divorce is a sham marriage to invade immigration laws. I have the letter the senator gave me. Why are they changing the story?

Domicile;

In order to establish a domicile, an individual has to be physically present in a place and, s/he must have the intention to continue residence in the place for an unlimited period. Thus, two essential factors required to establish a domicile are[ii]: Residence along with physical presence; and An intention to continue there permanently or for an unlimited period of time. - See more at: http://domicile.uslegal.com/establishment-of-domicile/#sthash.VQUrhJWK.dpuf

I don't know who your attorney is, but that may be something you want to share with him. Google Domicile, I'm sorry but someone is lying to you so you're not getting the whole story. They would assume it's a sham marriage because you had to get the divorce in a country neither of you have ever been to, so they would assume you are trying to circumvent law I presume. Just a guess though, I wish you the best, trust me that I know it's very hard to deal with. I was also denied K-1 in Ghana and are waiting for CR-1 now too. Pray and be patient, but you need to speak to a different lawyer in my opinion.

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Domicile;

In order to establish a domicile, an individual has to be physically present in a place and, s/he must have the intention to continue residence in the place for an unlimited period. Thus, two essential factors required to establish a domicile are[ii]: Residence along with physical presence; and An intention to continue there permanently or for an unlimited period of time. - See more at: http://domicile.uslegal.com/establishment-of-domicile/#sthash.VQUrhJWK.dpuf

I don't know who your attorney is, but that may be something you want to share with him. Google Domicile, I'm sorry but someone is lying to you so you're not getting the whole story. They would assume it's a sham marriage because you had to get the divorce in a country neither of you have ever been to, so they would assume you are trying to circumvent law I presume. Just a guess though, I wish you the best, trust me that I know it's very hard to deal with. I was also denied K-1 in Ghana and are waiting for CR-1 now too. Pray and be patient, but you need to speak to a different lawyer in my opinion.

You are incorrect. A attorney acting as power of attorney can do establish domicile. In my divorce papers it states my attorney was acting on my behalf. USCIS reviewed my documents and approved my petition. People come on here acting as if they are lawyers and don't know what they are talking about. We found out that my petition was denied to they believing we have a sham marriage. Not my divorce papers.

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Filed: IR-1/CR-1 Visa Country: Ghana
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You are incorrect. A attorney acting as power of attorney can do establish domicile. In my divorce papers it states my attorney was acting on my behalf. USCIS reviewed my documents and approved my petition. People come on here acting as if they are lawyers and don't know what they are talking about. We found out that my petition was denied to they believing we have a sham marriage. Not my divorce papers.

This is ridiculous they don't wanna tell you what the problem is so you can over come it, then you have to get a congress person or senator to tell you what the issue is, I didn't pay a senator or congressman for my husband petition ?, and then the games they play first she said my husband was probably already married with kids, now she says my husband is paying me for a green card?? really! Which is it? And where is the proof, why are consulars allowed to play with people's lives ?

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Filed: IR-1/CR-1 Visa Country: Ghana
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This is ridiculous they don't wanna tell you what the problem is so you can over come it, then you have to get a congress person or senator to tell you what the issue is, I didn't pay a senator or congressman for my husband petition ?, and then the games they play first she said my husband was probably already married with kids, now she says my husband is paying me for a green card?? really! Which is it? And where is the proof, why are consulars allowed to play with people's lives ?

They do it because they can. They have unchecked powers which in my opinion they are abusing. They made me take a DNA test for me and my US citizen child I paid 660.00 for. At the end of the day they never tested us. Dos is not following their own guidelines. Yes there have been marriage scams in Ghana. But not all marriages that end in divorce in Ghana are not from scams. Many times its major cultural differences. Some African men can get turned off by their American wives. Many wives don't keep their houses clean, don't cook, talk disrespectful. Then when he leaves they want to call the embassy and accuse him of a marriage sham. I'm not understanding why USCIS would approve our petitions knowing the Embassy in Ghana would send it back. There are so many.

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Filed: Country: Ghana
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They do it because they can. They have unchecked powers which in my opinion they are abusing. They made me take a DNA test for me and my US citizen child I paid 660.00 for. At the end of the day they never tested us. Dos is not following their own guidelines. Yes there have been marriage scams in Ghana. But not all marriages that end in divorce in Ghana are not from scams. Many times its major cultural differences. Some African men can get turned off by their American wives. Many wives don't keep their houses clean, don't cook, talk disrespectful. Then when he leaves they want to call the embassy and accuse him of a marriage sham. I'm not understanding why USCIS would approve our petitions knowing the Embassy in Ghana would send it back. There are so many.

how can you pay for a DNA test and never get tested , we Ghanaians talk too much that is why they are treating us like that, now even if u are married for real they want to say its a sham marriage.i hope if its your kid and u prove with Dna test they will approve you because it should be the good evidence of marriage. if u are not with the person, the person wont allow for a dna test between you and her kids because dna says a lot. so they should allow us Ghanaians to go n be with our love ones.

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Filed: AOS (apr) Country: Cyprus
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They do it because they can. They have unchecked powers which in my opinion they are abusing. They made me take a DNA test for me and my US citizen child I paid 660.00 for. At the end of the day they never tested us. Dos is not following their own guidelines. Yes there have been marriage scams in Ghana. But not all marriages that end in divorce in Ghana are not from scams. Many times its major cultural differences. Some African men can get turned off by their American wives. Many wives don't keep their houses clean, don't cook, talk disrespectful. Then when he leaves they want to call the embassy and accuse him of a marriage sham. I'm not understanding why USCIS would approve our petitions knowing the Embassy in Ghana would send it back. There are so many.

Please clarify what you said about they made you take a DNA test (did the embassy request it or did you volunteer this on your own ?)

and never tested you ?

Once DNA specimen are collected from a designated place that the embassy uses then it gets shipped to the USA where it is analyzed,

then the results go back to the consulate for review. This can take 8-12 weeks or longer. If the DNA request has been requested and you set it in motion

then it will be analyzed. I don't understand what you mean by 'they never tested us.'

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: IR-1/CR-1 Visa Country: Ghana
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Please clarify what you said about they made you take a DNA test (did the embassy request it or did you volunteer this on your own ?)

and never tested you ?

Once DNA specimen are collected from a designated place that the embassy uses then it gets shipped to the USA where it is analyzed,

then the results go back to the consulate for review. This can take 8-12 weeks or longer. If the DNA request has been requested and you set it in motion

then it will be analyzed. I don't understand what you mean by 'they never tested

My husband was given a white paper after his interview marking 3 things needed. Co Sponsor, DNA, AP. The consular requested it. Then after paying for it the DNA and giving blood samples for me and my baby they never collected blood from my husband. They sat on it and sent the case back to USCIS. Paying money for nothing.

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Filed: IR-1/CR-1 Visa Country: China
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i think the report back from the senator's office is quite meaningful - suggest you plan your rebuttal based on what you read in that report.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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