Husband was DENIED VISA today??????

[Boiler 43,452]

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.

Ten players from the Eritrean football team have refused to return home after playing a World Cup qualifying match in Botswana and are now seeking asylum there, officials say.

The men were detained by police after deciding not to board their plane.

They are reported to have refused to go home despite the intervention of the Eritrean ambassador in Botswana.

There have been a number of mass defections by Eritrean athletes in recent years.

One of the most noticeable was in 2013, when Uganda granted asylum to 15 Eritrean players and their team doctor after they absconded at the end of a football tournament.

A senior official at the Botswana Football Association says it has yet to establish why the players refused to leave with their team-mates.

Source BBC

[aaron2020 11,651]

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

What is your point? That you are right? That USCIS makes the final determination that the relationship is bona fide? That the US Embassy can not deny the issuance of a visa without additional information? What do you think "prima facie" mean?

Visas are issued by the US State Department. Homeland Security has no powers to issue visas.

DHS makes a PRIMA FACIE (preliminary) determination that the beneficiary can file an immigrant visa application based on the relationship as shown by the marriage certificate.

After the I-130 is approved by DHS, it's sent to the State Dept. Then, the beneficiary files the immigrant visa application (DS-260). Then the US Embassy (part of the State Department) adjudicates the DS-260. It's not adjudicating the I-130. In a denial of the DS-260, the US Embassy does not readjudicate the I-130; the I-130 is sent back to DHS for reexamination.

Be aware of the difference between a visa petition (I-130) and a visa application (DS-260).

Using your logic, why does the US Embassy bother to adjudicate the DS-260 if DHS has already approved everything? Why bother with the DS-260 at all if USCIS has already approved everything? What is the purpose of the DS-260 if we follow your logic?

Edited October 17, 2015 by aaron2020

[Ebunoluwa 6,136]

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 status.

Unfortunately 'reason to believe' is open to their discretionary power and they do return petitions on assumptions without factual evidence.

Then USCIS looks at the consular notes and says 'you guys are nuts approve it' and they send it to the embassy again with recommendation

to approve. Only if USCIS finds factual evidence will the case be denied. We hear of too many returns but very little USCIS denials and that shows

that the game they play is too often nonsense. It's almost like they think lets give them the run around for a couple years and if they are serious they

will not give up. So Monalisa22 does have some valid points and should not be easily dismissed.

USCIS is way too back logged to review all these returned cases that are refused for trivial things that the CO's could handle differently.

I am very sure that certain CO's in certain consulates display a definite pattern of concern in how they try to sift through the applications and lack of check and balances exist.

Unit chief and CO's all go have a beer after the day is done and there is no real "supervision" except a brief and a sign off by the unit chief.

If Tom and Harry want to refuse a visa,hey that's ok with them.
There is a disconnect between USCIS and DOS, two different entities with two different approaches, it is not an efficient immigration system.

Of course I don't blame CO's all the time for returns but neither do they get it always right and there is much room for improvement.
Accra, Ghana currently is dysfunctional and needs a change.

[dwheels76 5,463]

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 doesn't investigate relationships. Or send field agents out to see whats up, pr check rail, Facebook or monitor calls. They don;t even read what we submit. They just glaze over what we submit and above. The embassy and USCIS are two totally different governing bodies. That do not work in concert with each other.

No one is asking anyone to kiss nothing. But a through case with visits and no skeletons in the closet in most cases get a visa. Why you were refused you may never know or you might get to find out when you get your NOD/NOIR letter so each denial point is addressed.

Disheartening of course it is.But the real couples like you say you are stand the test of time no matter. f your attitude is to b with hubby why aren't you with him Why would you even petition someone who has no desire to be here. Now that makes no sense to me. But that's me.

[Monalisa22 84]

USCIS doesn't investigate relationships. Or send field agents out to see whats up, pr check rail, Facebook or monitor calls. They don;t even read what we submit. They just glaze over what we submit and above. The embassy and USCIS are two totally different governing bodies. That do not work in concert with each other.

No one is asking anyone to kiss nothing. But a through case with visits and no skeletons in the closet in most cases get a visa. Why you were refused you may never know or you might get to find out when you get your NOD/NOIR letter so each denial point is addressed.

Disheartening of course it is.But the real couples like you say you are stand the test of time no matter. f your attitude is to b with hubby why aren't you with him Why would you even petition someone who has no desire to be here. Now that makes no sense to me.

First the consular said my divorce was not legal even though it was. I even provided more documentation from the court. They told my husband I have to divorce my ex husband then remarry. Then when the senator got involved they told her we had a sham marriage to invade immigration laws, They keep changing the story.

I have family here. Our son has brothers that love him. I wanted to have my family here, My husband doesn't not want to be here. But he feels insulted like I feel, when they have no evidence to accuse us of a sham marriage. Hes not going to lose his dignity just for a visa. I feel the same. I feel one of the consulars in Ghana is a racist and is denying everybody regardless. Im not with my husband right now because im in preparation to be with him. I have work for a global company which im waiting for a transfer if he doesn't get a visa.

[Monalisa22 84]

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 status.

Unfortunately 'reason to believe' is open to their discretionary power and they do return petitions on assumptions without factual evidence.

Then USCIS looks at the consular notes and says 'you guys are nuts approve it' and they send it to the embassy again with recommendation

to approve. Only if USCIS finds factual evidence will the case be denied. We hear of too many returns but very little USCIS denials and that shows

that the game they play is too often nonsense. It's almost like they think lets give them the run around for a couple years and if they are serious they

will not give up. So Monalisa22 does have some valid points and should not be easily dismissed.

USCIS is way too back logged to review all these returned cases that are refused for trivial things that the CO's could handle differently.

I am very sure that certain CO's in certain consulates display a definite pattern of concern in how they try to sift through the applications and lack of check and balances exist.

Unit chief and CO's all go have a beer after the day is done and there is no real "supervision" except a brief and a sign off by the unit chief.

If Tom and Harry want to refuse a visa,hey that's ok with them.

There is a disconnect between USCIS and DOS, two different entities with two different approaches, it is not an efficient immigration system.

Of course I don't blame CO's all the time for returns but neither do they get it always right and there is much room for improvement.

Accra, Ghana currently is dysfunctional and needs a change.

[Monalisa22 84]

Ten players from the Eritrean football team have refused to return home after playing a World Cup qualifying match in Botswana and are now seeking asylum there, officials say.

The men were detained by police after deciding not to board their plane.

They are reported to have refused to go home despite the intervention of the Eritrean ambassador in Botswana.

There have been a number of mass defections by Eritrean athletes in recent years.

One of the most noticeable was in 2013, when Uganda granted asylum to 15 Eritrean players and their team doctor after they absconded at the end of a football tournament.

A senior official at the Botswana Football Association says it has yet to establish why the players refused to leave with their team-mates.

Source BBC

What does that have to do with my husband. He never tried to apply for asylum anywhere in the world. Never overstayed on a visa, Hes not trying to escape Ghana. Hes not some poor African.

[Ebunoluwa 6,136]

Actually I believe when USCIS reviews OP's returned petition they will read the notes, look at her evidence and send it again to the embassy

with recommendation to approve, scratching their heads and working overtime on Ghana reviews.

Then, ladies and gentlemen...where was the factual evidence of a sham marriage when USCIS approves all these returned cases ? He should not

be denied due to some African soccer players on the run and her divorce was deemed legal by the courts. Meanwhile CO in question is having a beer

with unit chief somewhere...as the world turns.

[Eric-Pris 1,602]

To answer a few questions:

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.

How do you date when you have never met in person? You didn't date, you chatted with a complete stranger for 6 months and you then went to Africa and got married.

I don't think any logical person would come to the conclusion that your marriage is without a doubt 100% bona fide.

[Eric-Pris 1,602]

Hes not going to lose his dignity just for a visa. I feel the same. I feel one of the consulars in Ghana is a racist and is denying everybody regardless. Im not with my husband right now because im in preparation to be with him. I have work for a global company which im waiting for a transfer if he doesn't get a visa.

Lose his dignity? Who is asking him (or you) to lose his (your) dignity? If following procedure is too difficult/cumbersome for you, and like you said this visa is not the end all, why even bother, go live in Africa and be happy.

You are degrading the visa and minimizing its importance in the grand scheme of things, yet you;re complaining about the process.

[Ban Hammer 12,842]

one post removed for a personal attack upon another member.
one post removed for quoting that post.

any further personal attacks will receive admin action against the offender's account.

charles

vj moderation

[Ryan H 3,791]

***One post violating the TOS (abusive behavior) removed along with post quoting; Administrative Action taken. Two additional derailing posts removed and one poster thread banned.***

[Boiler 43,452]

What does this got to do with this lady post, you and a couple of more members like bashing black countries, i seen a post a couple of days ago were you and some more members bash a post that was made by a member name fishpub from jamaica, and when the jamaican members bash you back the moderation deleted there post, but continue to let you guys bash jamaica, moderation you guys need to be fair and make it fair games and stop deleting post when people bash these ignorant peoples back.

You sound confused, I have never bashed Jamaica or Jamaicans.

As an aside where you have someone who makes a single visit and marries you can expect issues in pretty much any Consulate, this case happens to involve Ghana.

The suggestion was that because he was a Footballer it would be different, plenty of examples of Sportsmen who have used their ability to travel to claim asylum. This one is a very recent example so I quoted it.

I do not know if Ghana is particularly difficult, sees a lot of difficult cases or perhaps a bit of both. I would guess both. Certainly the threads I have read suggest this but I do not know how representative the sample is.

[Pitaya 2,576]

~Non-constructive post removed~

~Post constructively, or DO NOT POST~

[darnea 2]

On 10/7 my husband and I went for our interview, we were giving a slip that states we needed a co-sponsor (which I thought was odd being that I make over the required about per the government guidelines) and he was advised to come back on today 11/5. My husband returned today and he gave the co-sponsor affidavit and was told to wait. He waited for hours and was the last of three people there. The white co with initials km advised him after reviewing our pictures she wasn't convinced our marriage was real. ? I follow this site and quietly did EVERYTHING that others failed to do. Any piece of evidence that could've been turned in I did. Chats, emails, video logs, western union scripts, my insurance info, post cards, letters, affidavits of acknowledgement to our marriage... There was nothing missing...I currently cover him on my Athem bluecross blue shield medical insurance... He's the beneficiary on my life policies, hell, we even have our names tattooed on each other. But she states after viewing our pictures she isn't convinced our marriage is real. Dear God... ?