Denied CR-1 / Reapply?

[Renee14 9]

Visa was denied at the interview due to lack of evidence of bonafide marriage

An attorney told me that I should cancel the petition and refile a new petition before receiving NOIR

Has anyone else gone this route?

[Penguin_ie 6,000]

Did the attorney say why they think this?

Waiting for NOIR can be a good idea, especially if you can produce more evidence between then and now, and be faster than re-filing. But you are going through a very difficult US embassy to get approved through, so waiting a bit, visiting again and for a long time, ideally with family, can help.

[Renee14 9]

She said more than likely the petition will be revoked so it would be quicker to withdraw and reapply

[JFH 12,195]

In the meantime you really need to do a lot to fix the issue. Simply re-applying won't be enough. Lots of extra evidence. Visits are the best form.

[Renee14 9]

In the meantime you really need to do a lot to fix the issue. Simply re-applying won't be enough. Lots of extra evidence. Visits are the best form.

We have a bit of evidence. We've been married 2 years. Have joint bank accounts, communications, photos, family trust. Traveled there 4 times lived together 7 months out of the 2 years.

The issue is that we didn't front load and once we got to the interview the embassy had already made their decision. We were on AP for about 2 weeks and later denied.

Edited August 31, 2016 by Renee14

[B&Z 201]

Since you didn't front-load, I recommend waiting for the letter from USCIS. Regardless of whether it's an NOID or NOIR, you can respond with a rebuttal and lots of relationship proof you didn't include before. If they reaffirm your petition, it'll be sent back to the embassy/consulate for another interview. You won't have to go through all the agony and waiting and more fees that a brand new petition would require.

Your current petition isn't dead until USCIS says it's dead. If I were you, I'd fight to keep that petition alive and add more to it, rather than withdraw and file all over again.

[Ebunoluwa 6,136]

Your lawyer is crazy, fire her and wait for the USCIS NOID/NOIR letter to which the petitioner has 30 days to respond to in a rebuttal.
The only bad thing is that it can take 12-18 months for the whole process from return to a re affirmation.

You need to know the reason so you can fix and overcome whatever it is that caused the refusal.

A second petition will have the same result if it was a specific reason (finding of misrepresentation for example).

If the reason was a general lack of bona fide evidence then you just send all your relationship evidence to USCIS

(when you receive the NOID/NOIR, this can take 6 months + currently) and they will send your case back to the embassy

with recommendation to approve.

Filing again just puts $$$$ in the lawyer's pocket.

Most returned petitions get re affirmed and she has no clue if it would be revoked, just not true.

1. Petition gets returned to USCIS

2. USCIS send NOID/NOIR letter (in some cases they don't send a letter and return it without a NOID/NOIR to the embassy)

3. Petitioner responds to NOID/NOIR letter (send all relationship evidence and address each point in letter)

4. USCIS re affirms and sends case back to embassy (if satisfied with response)

5. Embassy will ask for 2. interview

Time : 12-18 months

Visit while waiting.