Husband was DENIED VISA today??????

[Chaneydic1333 29]

I really do not see what a Congressperson could do, you know the reason.

I agree with you. One visit wasn't enough. 6 months of meeting then the first visit, an engagement and marriage at the same time. I think that's the issue they had. There's still hope tho for the second go around. Your intentions to visit is a very good start.

[K&J Avouzi 1]

Also, I wanted to know if I should NOW get a immigration lawyer or is this something we can handle on our own?

[Boiler 43,459]

Not sure what a Lawyer can do, the issue is mainly in your hands. But I would never stop someone using one.

[mallafri76 1,012]

To answer a few questions:

1. I've only been there once.
2. That's when we had our engagement party and was married.
3. I haven't been back because we cant really afford it and we didn't have a clue that this would take so long. Each time we thought to travel we would heard back from the NVC giving us hope that the end of all this was right around the corner.
4. Now that he was denied, I plan to head back in January. While there, we will obtain more "bona fide" supporting documentation. Any tips?
5. We dated 6 mos then I took the long trip there and got married. I know you're wondering, but for religious purposes we don't see the need for long engagements.

**Most importantly, had I known what I know now...I would have stayed longer, went back more frequently, documented EVERYTHING, and even stage things. I say staged because the truth isn't enough. They WANT to see the fluff. Baffles me...

Oh! And since he was denied I haven't written my local congressman and senators for ANY assistance they could give. I read on here that its a long shot, but some have been successful. Any advice?

Your issues are the short relationship and the fact that you were engaged and married the first time you met in person, and that you haven't had any face time after that.

You need to build up a stronger bona fida marriage with more face time, so yes, even though it's costly, try and get at least one more visit before re-filing. How about email/chat logs and phone records, did you submit a lot of these as proof as well? Are you in contact with each others' families? If so, maybe submit proof of this as well in the form of emails, calls, cards/letters etc. You need to really front load when you re-file.

If your husband was denied for lack of bona fida proof, I doubt there's anything the Senator/Congressman can do.

[Monalisa22 84]

Your issues are the short relationship and the fact that you were engaged and married the first time you met in person, and that you haven't had any face time after that.

You need to build up a stronger bona fida marriage with more face time, so yes, even though it's costly, try and get at least one more visit before re-filing. How about email/chat logs and phone records, did you submit a lot of these as proof as well? Are you in contact with each others' families? If so, maybe submit proof of this as well in the form of emails, calls, cards/letters etc. You need to really front load when you re-file.

If your husband was denied for lack of bona fida proof, I doubt there's anything the Senator/Congressman can do.

I met my husband in 2013. I knew him for only 4 months before we got married. I stayed in Ghana for 45 days. We have a 1 year old son. Why the hell would I have a a baby with someone I dont love. Due to the outbreak of Ebola I didnt travel because I didn't want my baby exposed. Its very hard traveling with a baby. I have to work. Most employers are not going to give people all this time off to go toAfrica. These CO's are not realistic.

[Ebunoluwa 6,136]

Also, I wanted to know if I should NOW get a immigration lawyer or is this something we can handle on our own?

I would save the thousands to pay a lawyer and instead visit a few more times to spend real time with him. That is the best evidence.

You can get guidance here on how to respond to the NOID/NOIR letter for rebuttal.

[Boiler 43,459]

Agree real time counts, I doubt very much they have doubts about your commitment.

[Ebunoluwa 6,136]

I met my husband in 2013. I knew him for only 4 months before we got married. I stayed in Ghana for 45 days. We have a 1 year old son. Why the hell would I have a a baby with someone I dont love. Due to the outbreak of Ebola I didnt travel because I didn't want my baby exposed. Its very hard traveling with a baby. I have to work. Most employers are not going to give people all this time off to go toAfrica. These CO's are not realistic.

It's not about you loving him but him convincing the CO of his love for you and not have underlying immigration benefit intentions.

Many bedazzle USC women and would love to impregnate them for more solid relationship evidence or so they think.

Did you include a letter stating that you have not traveled due to Ebola fear / no time off from job / new baby/ to give to the CO for the interview ?

They can't read your mind and you must convince them together if you lack real face time.

Generally speaking, it's so important to front load front load front load everything and be on the premises for the interview or wait a while to file a petition until

all ducks are in a row and one is financially stable enough to travel more.

Wishing all Ghana returns the best for their NOID/NOIR rebuttals. Most rebuttals will be accepted and send back to the embassy with recommendation

to approve, seldom is a CR/IR truly denied by USCIS.

Compared to all the returns, I don't read too many posts here asking advice about how to respond to NOID/NOIR's and wonder why.

Perhaps the relationships have fallen apart over the long review wait. If anyone receives the NOID/NOIR then run it by the forum for input.

The wait is cruel, the unknown is a terrible trigger for anxiety, been there myself with a failed K1 after 16 months in AP;

it was a long 5 year journey but we overcame it all with a successful re filing and all is well. Stay positive, stay strong.

[Monalisa22 84]

It's not about you loving him but him convincing the CO of his love for you and not have underlying immigration benefit intentions.

Many bedazzle USC women and would love to impregnate them for more solid relationship evidence or so they think.

Did you include a letter stating that you have not traveled due to Ebola fear / no time off from job / new baby/ to give to the CO for the interview ?

They can't read your mind and you must convince them together if you lack real face time.

Generally speaking, it's so important to front load front load front load everything and be on the premises for the interview or wait a while to file a petition until

all ducks are in a row and one is financially stable enough to travel more.

Wishing all Ghana returns the best for their NOID/NOIR rebuttals. Most rebuttals will be accepted and send back to the embassy with recommendation

to approve, seldom is a CR/IR truly denied by USCIS.

Compared to all the returns, I don't read too many posts here asking advice about how to respond to NOID/NOIR's and wonder why.

Perhaps the relationships have fallen apart over the long review wait. If anyone receives the NOID/NOIR then run it by the forum for input.

The wait is cruel, the unknown is a terrible trigger for anxiety, been there myself with a failed K1 after 16 months in AP;

it was a long 5 year journey but we overcame it all with a successful re filing and all is well. Stay positive, stay strong.

My husband played pro-soccer for many years. He has traveled around the world and can get a visa in many countries. He has never applied for a US visa before. He has never been to the US. Never wanted to visit. We are making plans to live outside the US if he doesn't get a US Visa. He's never been married and our child is his first child. We will be vacationing together in Prague Czech Republic during the Christmas and New Years holiday. My point is whats the point of USCIS? They believed our relationship was bonafide. Unless there is new information that USCIS didn't know about they cannot deny visas. We have wasted so much time on this process and there is more to life than a US visa. If my husband does not get a visa we will still be ok. My husband is not kissing nobody's behind for a visa.

[Transborderwife 4,666]

I met my husband in 2013. I knew him for only 4 months before we got married. I stayed in Ghana for 45 days. We have a 1 year old son. Why the hell would I have a a baby with someone I dont love. Due to the outbreak of Ebola I didnt travel because I didn't want my baby exposed. Its very hard traveling with a baby. I have to work. Most employers are not going to give people all this time off to go toAfrica. These CO's are not realistic.

Unfortunately children are not seen as a bonafide tie very much for ANY country. It's proof of sex and nothing more.

[aaron2020 11,651]

My husband played pro-soccer for many years. He has traveled around the world and can get a visa in many countries. He has never applied for a US visa before. He has never been to the US. Never wanted to visit. We are making plans to live outside the US if he doesn't get a US Visa. He's never been married and our child is his first child. We will be vacationing together in Prague Czech Republic during the Christmas and New Years holiday. My point is whats the point of USCIS? They believed our relationship was bonafide. Unless there is new information that USCIS didn't know about they cannot deny visas. We have wasted so much time on this process and there is more to life than a US visa. If my husband does not get a visa we will still be ok. My husband is not kissing nobody's behind for a visa.

USCIS makes a prima facie determination that your husband can apply for a visa based on a legal marriage to you. USCIS does not make a final determination that your relationship is bona fide. The US Embassy makes that determination.

Your statement that "unless there is new information that USCIS didn't know about they cannot deny visas" is also wrong. The burden is on you to prove a bona fide relationship; it's not on the US Embassy to prove with new information that it's not bona fide.

Do what the US government require if you want a visa for your husband. Your choice to not pursue it if your don't want to take the time and energy to satisfy the gatekeepers at the US Embassy.

Edited October 17, 2015 by aaron2020

[Monalisa22 84]

Unfortunately children are not seen as a bonafide tie very much for ANY country. It's proof of sex and nothing more.

That's not true. I sometimes hate coming on these forums and people make comments they know nothing of. USCIS ask to include children's birth certificates of US spouse and immigrants to prove bodafide marriages.

Getting a green card? Make sure the U.S. government recognizes your marriage as valid

You're building a life together in the U.S. -- but one of you is a citizen and the other is not. Though you've already got your marriage certificate in hand, additional proof must be gathered if you want to successfully get a green card.

Use this checklist to help you authenticate your marriage as bona fide in the eyes of The U.S. Citizenship and Immigration Services (USCIS). Get details on using the following documents effectively when you go for your interview:

• leases or rental agreements
• a home mortgage
• car registration
• letters, photos and gifts
• joint bank statements or credit card accounts
• your children's birth certificates

Don't let a lack of evidence derail your application for a green card -- use Nolo's Checklist for Immigrant to Prove Bona Fide Marriage form to gain permanent U.S. residence without hassle or delay.

[Transborderwife 4,666]

That's not true. I sometimes hate coming on these forums and people make comments they know nothing of. USCIS ask to include children's birth certificates of US spouse and immigrants to prove bodafide marriages.

Getting a green card? Make sure the U.S. government recognizes your marriage as valid

You're building a life together in the U.S. -- but one of you is a citizen and the other is not. Though you've already got your marriage certificate in hand, additional proof must be gathered if you want to successfully get a green card.

Use this checklist to help you authenticate your marriage as bona fide in the eyes of The U.S. Citizenship and Immigration Services (USCIS). Get details on using the following documents effectively when you go for your interview:

• leases or rental agreements
• a home mortgage
• car registration
• letters, photos and gifts
• joint bank statements or credit card accounts
• your children's birth certificates

Don't let a lack of evidence derail your application for a green card -- use Nolo's Checklist for Immigrant to Prove Bona Fide Marriage form to gain permanent U.S. residence without hassle or delay.

They ask for it just like affidavits. Affidavits are almost meaningless. Children are secondary evidence

[aaron2020 11,651]

That's not true. I sometimes hate coming on these forums and people make comments they know nothing of. USCIS ask to include children's birth certificates of US spouse and immigrants to prove bodafide marriages.

Getting a green card? Make sure the U.S. government recognizes your marriage as valid

You're building a life together in the U.S. -- but one of you is a citizen and the other is not. Though you've already got your marriage certificate in hand, additional proof must be gathered if you want to successfully get a green card.

Use this checklist to help you authenticate your marriage as bona fide in the eyes of The U.S. Citizenship and Immigration Services (USCIS). Get details on using the following documents effectively when you go for your interview:

• leases or rental agreements
• a home mortgage
• car registration
• letters, photos and gifts
• joint bank statements or credit card accounts
• your children's birth certificates

Don't let a lack of evidence derail your application for a green card -- use Nolo's Checklist for Immigrant to Prove Bona Fide Marriage form to gain permanent U.S. residence without hassle or delay.

Be gentle. You made several statements that are wrong. Some people may accuse you of coming on this forum to make comments on things that you know nothing of.

[Monalisa22 84]

USCIS makes a prima facie determination that your husband can apply for a visa based on a legal marriage to you. USCIS does not make a final determination that your relationship is bona fide. The US Embassy makes that determination.

Your statement that "unless there is new information that USCIS didn't know about they cannot deny visas" is also wrong. The burden is on you to prove a bona fide relationship; it's not on the US Embassy to prove with new information that it's not bona fide.

Do what the US government require if you want a visa for your husband. Your choice to not pursue it if your don't want to take the time and energy to satisfy the gatekeepers at the US Embassy.

This is the department of states own guidelines.

9 FAM 42.43 Notes Page 1 of 6

UNCLASSIFIED (U)

9 FAM 42.43 NOTES (CT:VISA-1894; 09-20-2012) (Office of Origin: CA/VO/L/R)

9 FAM 42.43 N1 SUSPENDING ACTION IN PETITION CASES (CT:VISA-1433; 05-27-2010) a. The Department of Homeland Security (DHS) possesses exclusive authority over the approval and denial of immigrant visa petitions (except for those filed for aliens classifiable under INA 203© (8 U.S.C. 1153©) or INA 101(a)(27)(D)) (8 U.S.C. 1101(a)(27)(D)). You should bear in mind that the Department considers the approval of a visa petition prima facie evidence of the relationship between the petitioner and the beneficiary. b. Therefore, it is your responsibility to review, not to readjudicate petitions. However, in the course of that review, if you obtain sufficient facts so that you know or have reason to believe that the beneficiary is not entitled to the status approved in the petition you will return the petition to the U.S. Citizenship & Immigration Services (USCIS) through the National Visa Center (NVC).

9 FAM 42.43 N2 WHEN TO RETURN PETITIONS (CT:VISA-872; 03-23-2007) You will suspend action and return the petition to USCIS (see 9 FAM 42.43 N3) through NVC if: (1) The petitioner requests suspension of action; (2) You know, or have reason to believe the petition approval was obtained by fraud, misrepresentation, or other unlawful means; or (3) You know or have reason to believe that, despite the absence of fraud, due to changed circumstances or clear error in approving the petition the beneficiary is not entitled to the approved status.

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas

9 FAM 42.43 Notes Page 2 of 6

UNCLASSIFIED (U)

9 FAM 42.43 N2.1 "Reason to Believe" (CT:VISA-872; 03-23-2007) In general, knowledge and reason to believe must be based upon evidence that USCIS did not have available at the time of adjudication and that such evidence, if available, would have resulted in the petition being denied. This evidence often arises as a result of or during the interview of the beneficiary. Reason to believe must be more than mere conjecture or speculation—there must exist the probability, supported by evidence, that the alien is not entitled to statu