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Time for Overcoming CR1 Denial 221G

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

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.

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Filed: AOS (apr) Country: Cyprus
Timeline

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.

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
Timeline

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Process & Procedures to Progress Reports.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-3 Visa Country: Ghana
Timeline

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.

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