Time for Overcoming CR1 Denial 221G

[lutz 41]

I am looking for feedback from others who have been in the situation I find myself, along with my husband.

He was denied his cr1 visa in Ghana in Sept. 2015. The case has been sent back to USCIS, where it was received in early March 2016.

Early September, it will be 6 months since they received it, and I know the USCIS tells us to wait 6 months before even contacting them for a reason for denial, NOIR / NOID.

I'm waiting a few more weeks to contact them. I know about the USCIS ombudsman and plan to use that feature if needed.

My question is: Has anyone here on VJ successfully overcome a 221 g CR1 denial? When my husband was denied, he was given two pieces of paper, the vague 221 g denial (not qualified), and a checklist with nothing at all checked.

Any information you can give me will help. Thank you.

[Empress200735 6]

Hi

I am sorry to hear about the denial. Did the interviewing officer not explain why they issued the 221g form?

[Ebunoluwa 6,136]

Yes, many here on VJ have successfully overcome a 221g refusal, especially for the blanket statement "not bona fide."
If misrepresentation or another fact based ineligibility is involved then that complicates things and you would need a waiver.

You will find out what they want in the NOID/NOIR letter which will give you a better guess at re affirmation.

[lutz 41]

Thank you. I met with the attorney I've been using, and he said in a way, it might be a good thing that nothing was marked on the 221g form. He stated that if the interviewing officer really thought there was something clearly amiss, she would have noted it clearly, especially on the checklist.

To Empress: Thank you for the kind words. Yes, it was like a punch in the gut, but Ghana is a terrible embassy to get through, which I found out. No, the interviewing officer would not tell my husband anything, only that I, the USC spouse can fight it. He kept asking her, until I believe she was annoyed with him. She would not tell him the reason.

In any case, I'm glad to read that others have overcome this. Our union is genuine, and we continue together. The time apart is stressful, this waiting is stressful.

[Monalisa22 84]

I am looking for feedback from others who have been in the situation I find myself, along with my husband.

He was denied his cr1 visa in Ghana in Sept. 2015. The case has been sent back to USCIS, where it was received in early March 2016.

Early September, it will be 6 months since they received it, and I know the USCIS tells us to wait 6 months before even contacting them for a reason for denial, NOIR / NOID.

I'm waiting a few more weeks to contact them. I know about the USCIS ombudsman and plan to use that feature if needed.

My question is: Has anyone here on VJ successfully overcome a 221 g CR1 denial? When my husband was denied, he was given two pieces of paper, the vague 221 g denial (not qualified), and a checklist with nothing at all checked.

Any information you can give me will help. Thank you.

Hello. I'm sorry for your denial. Our case was denied 10/7/2014 due to 221g and was sent to USCIS 12/24/2014. USCIS received the case 2/10/2015. We received the NOIR 3/16/2016. It took 13 months to get the NOIR. We hired an attorney. We responded and our case was just reaffirmed and is on its way the Ghana embassy. Me and my husband have a child together and we still received a denial. I would advise to keep calling and emailing. They respond to those who keep contacting them.

[lutz 41]

Hello MonaLisa,

Yes, I remember your case. I'm so glad to read it was reaffirmed. Thank you for this insight. I was waiting until the 6 month wait is over for the NOIR to really start calling them, because when I do call, they ask if I've waited this long, and if I say no, they tell me I must wait.

I am so happy for you and your husband. Best of luck and thanks again for this advice.

[Monalisa22 84]

Hello MonaLisa,

Yes, I remember your case. I'm so glad to read it was reaffirmed. Thank you for this insight. I was waiting until the 6 month wait is over for the NOIR to really start calling them, because when I do call, they ask if I've waited this long, and if I say no, they tell me I must wait.

I am so happy for you and your husband. Best of luck and thanks again for this advice.[/quote

I understand you do have to wait the 6 months. I'm happy our case is reaffirmed but its not over yet. So many cases have been reaffirmed, then after the interview they are stuck in ap for months and don't hear back from the embassy. So I'm just praying this is over quickly.

[lutz 41]

Hello MonaLisa,

Yes, I remember your case. I'm so glad to read it was reaffirmed. Thank you for this insight. I was waiting until the 6 month wait is over for the NOIR to really start calling them, because when I do call, they ask if I've waited this long, and if I say no, they tell me I must wait.

I am so happy for you and your husband. Best of luck and thanks again for this advice.[/quote

I understand you do have to wait the 6 months. I'm happy our case is reaffirmed but its not over yet. So many cases have been reaffirmed, then after the interview they are stuck in ap for months and don't hear back from the embassy. So I'm just praying this is over quickly.

Yes, especially Ghana! I'm hoping for the best for you both and that your case doesn't languish there for another 6 months. Please keep us informed here on VJ. It gives me hope.

[Monalisa22 84]

I will definitely keep you guys informed. I'm learning there is some kind of battle between USCIS and the embassies. In the NOIR the consulate says we had no bonifide marriage. Never mentioned our child at all. Some argue they are doing there jobs. That maybe the case. But I honestly feel there is some discrimination at this embassy.

[Ryan H 3,813]

Moved from Process & Procedures to Progress Reports.

[Jenilyn and Awal 22]

Our case very similar , in August 2015 was 221 g marriage not bonafide then sent back to uscis, no noid at all, received march2016 called after the 180 days , hD info pass meeting, talked to my congressman, was told the case is wIting on the March shelf? That sounds really strange. I'm in limbo and do t know what to do either I hope you have news quickly it's real torture.