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Consequences of visa denial under section 221g

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Will "the next petition" be with the same petitioner/beneficiary? And which type of petition/visa application was refused?


My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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Will "the next petition" be with the same petitioner/beneficiary? And which type of petition/visa application was refused?

Hello,

I am an Indian Citizen and My wife is a US Citizen. We got married in India as per Christian Religious Ceremony in June 2015. We Both are Christians. We were not aware of that church marriage certificate provided in India would be valid proof to apply for Spouse Visa Category and this certificate would be valid and legal in USA for her name change and other official purposes.

Actually, my wife got wrong guidance from a Lawyer...
We got information that we should Not apply for Spouse Visa. Instead, we can apply under Fiance Visa Category.
She applied for the K1 Fiance visa and this petition was approved by USCIS and sent to US Embassy in India and then it has been disqualified there.
Consular officer at the interview told me that you do not qualify for this visa category and as per him marriage is valid.
Now, we have no option except to apply again under the Spouse Visa CR1.
I am afraid if previous rejection would create any issue in spouse visa petition and we will be looked suspiciously.

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How did the embassy know about your Christian marriage? Did you provide evidence of that marriage during the petition and application process?

And did the consular officer advise your wife to apply for a CR-1 instead?


My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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That is correct if you are married you are not eligible for the k1 visa, you should ensure your marriage complies with Indian law and start the process for a spousal visa


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Hello Everyone!

If a petition is disqualified under section 221g. What are its consequences on the next petition ?

It all depends on f the embassy thinks you tried to misrep on purpose to get a immigration benefit.

I know of a coupe this year dd what you did a few years ago did a simple wedding and then filed K1 denied so married again filed even though they knew they been married all these years he went to interview and denied and has a 10 year ban where the CO clearly stated they tried to pull a fast one and pretend to be engaged when they knew they were married.

Yours may be simple enough to file again and show marriage certificate. Some get lucky, some get a misrep some get a ban.

all you can do is file a i-130 and hope for the best. But I would like to ask how did you not know you were married. You are clearly calling her your wife and that you had a Christian ceremony.

Man I hope you didn't pay that lawyer a dime they have cost you time and money wasted filing a K1 when it was so much easier to just be honest and filed what you knew you were Married.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-November-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

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It all depends on f the embassy thinks you tried to misrep on purpose to get a immigration benefit.

I know of a coupe this year dd what you did a few years ago did a simple wedding and then filed K1 denied so married again filed even though they knew they been married all these years he went to interview and denied and has a 10 year ban where the CO clearly stated they tried to pull a fast one and pretend to be engaged when they knew they were married.

Yours may be simple enough to file again and show marriage certificate. Some get lucky, some get a misrep some get a ban.

all you can do is file a i-130 and hope for the best. But I would like to ask how did you not know you were married. You are clearly calling her your wife and that you had a Christian ceremony.

Man I hope you didn't pay that lawyer a dime they have cost you time and money wasted filing a K1 when it was so much easier to just be honest and filed what you knew you were Married.

We didn't misrepresent. It was totally a wrong piece of information given to us. We were told that this church marriage is not valid. And I don't know what would be valid in US and what not. My wife trusted that lawyer bcz he is a professional.

Even we documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. And in the interview i told the Visa Officer about the ceremony in Indian.

We are really going through a horrible experience.

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How did the embassy know about your Christian marriage? Did you provide evidence of that marriage during the petition and application process?

And did the consular officer advise your wife to apply for a CR-1 instead?

We documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. Bcz we were under the impression that this certificate doesn't have legal value. And in the interview i told the Visa Officer about the ceremony in Indian. He asked several questions and answered honestly.

He didn't advise to file CR-1, But he did say that religious marriages in India are valid.

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Since you were not told about any ban, you can go ahead and file I-130 petition.

You should be good this time around.Just provide enough evidence to prove this marriage is legit.

Sometimes you might be "too married" for K-1 but not married "enough" for CR-1/IR-1. So make sure you prove enough evidence. As much as you can get. And if the previous denial comes up at the interview, just tell them what you have said here.

Good luck!


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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We didn't misrepresent. It was totally a wrong piece of information given to us. We were told that this church marriage is not valid. So, embassy won't consider it a valid or legal marriage. And I didn't know what would be valid in US and what not. My wife trusted that lawyer bcz he is a professional.

Even we documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. And in the interview i told the Visa Officer about the ceremony in Indian.

We are really going through a horrible experience.

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We documented that church marriage certificate in the k1 petition and reception photographs. We didn't hide anything. Bcz we were under the impression that this certificate doesn't have legal value. And in the interview i told the Visa Officer about the ceremony in Indian. He asked several questions and answered honestly.

He didn't advise to file CR-1, But he did say that religious marriages in India are valid.

Same happened to me , we are married and more than a couple of years ago I applied for a non immigrant visa to visit my husband for a month , but when the consular know that we are married he denied the visa telling me that this was not the type of visa for me as we should have applied for IR visa. so do not worry that would not affect anything just start the process and apply for immigrant visa and be patient with the process , we applied for immigrant visa in July 2014 soon after denying my visiting visa and till now I haven't had my interview yet.

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I know we sound so stupid now after realizing the mistake. Until we didn't know about it we were thinking everything is correct and going fine.

Even USCIS didn't notice our church marriage certificate in the file and reception photographs. They approved the petition.

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Your other thread

Apply for the CR1 as the CO clearly told you; as I mentioned in your other thread, she no longer qualifies for a fiance visa.

Edited by KierenHby

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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You should now have her file spousal visa (with explanation)

I would have my wife get an atty write a letter explaining

properly I think in all fairness they will see someone trying

to pull a fast one would not attach a marriage cert with a K1 app

you all must be un-informed. You staten no ban ...good luck

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Don't bother to file a I-130 for a spousal visa until your church certified marriage is properly registered with the court.

The church certificate alone will probably not be sufficient proof for a CR1 visa.


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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