Case sent back to USCIS after interview

[ruth14 0]

hello every one i just want to ask who among you here had a same case with mine. I got refused after my interview and our case was sent back to USCIS and they are reviewing it. My questions is: After USCIS reviewed our case is there a chance that they will give me a second chance for an interview? instead of re-applying? Is it possible? I am under CR1 category. Thank you

[Ben&Zian 4,397]

What was cause of denial? Or what did they say?

[Anitafeliz 1,133]

Did they tell you why??

[ruth14 0]

Reason for refusal non declaration of petitioners second divorce decree.

[Anitafeliz 1,133]

Oh yes they look at that as misrep. Someone else had a problem with an imbra and he had K1 reaffirmed. Not sure if you can do this.

But he contacted senators office. That is what i would do.

http://www.visajourney.com/forums/topic/608975-original-k1-application-reaffirmed-at-uscis/

See link for reference. I dont know if you can have his outcome but doesnt hurt to try getting senator involved.

[ruth14 0]

Oh yes they look at that as misrep. Someone else had a problem with an imbra and he had K1 reaffirmed. Not sure if you can do this.

But he contacted senators office. That is what i would do.

http://www.visajourney.com/forums/topic/608975-original-k1-application-reaffirmed-at-uscis/

See link for reference. I dont know if you can have his outcome but doesnt hurt to try getting senator involved.

Yes it is a misrep. i talked to an atty. and that's what he said. But i dont know if my husband had idea about how to contact senators office. Is your petition was refused too?

[Anitafeliz 1,133]

No mine isnt. But someone omited info i put the link and he contacted the senator.

Have your fiancee contact his senators office they will have him sign a release and help him.

[Ebunoluwa 6,136]

When the spousal petition is returned to USCIS, your petitioner will receive a NOID/NOIR letter from USCIS requesting a response

and he can then send the 2. divorce decree and an explanation why he did not disclose that in the first place.
If the 221g you have been given is marked with material misrepresentation then a waiver is also needed.
Sometimes it is deemed misrepresentation and sometimes it is not.

So yes, you have a second chance and should NOT re file at this time but wait.

It can take a year for the entire process of return/NOID/reaffirmation.

You will then have a second interview, needing a second medical/police report depending how long it will take.

Not much a senator can do for you now.

[chel0524 82]

Reason for refusal non declaration of petitioners second divorce decree.

I wonder how they even find out things like that? Had he included on any of the paperwork how many times he'd been married ? Or did they ask him at interview?

[Russ&Caro 1,548]

I wonder how they even find out things like that? Had he included on any of the paperwork how many times he'd been married ? Or did they ask him at interview?

If I had $30 and 20 minutes to spare, I could find out how many times you were married, the lengths of the marriages and the full names of the spouses. I'll never understand why people think of immigration as some rubber stamping operation. CO's have a lot of resources and are allotted plenty of time on each case they handle. VJ'ers come on this board and complain that their interviews last 5 minutes without any significant questions prior to being denied. The applicants don't seem to realize that the CO had already done all of his/her work prior to the interview.

[Amadia 711]

As a US citizen, names and personal info are logged for marriages, divorces, births, deaths, etc. A simple search by the DHS can show results of a US spouse and the info regarding previous marriage can show up. It is naive to say you wonder how they find out these things. There are MANY ways for the government to get your info if they really needed it.

[chel0524 82]

As a US citizen, names and personal info are logged for marriages, divorces, births, deaths, etc. A simple search by the DHS can show results of a US spouse and the info regarding previous marriage can show up. It is naive to say you wonder how they find out these things. There are MANY ways for the government to get your info if they really needed it.

I'm completely aware of these resources. My response is not naive at all as I wonder why in the world the issue wasn't raised before it came to the point of interview. Why was the petition approved in the first place? It was my understanding that all the backround checks and information was investigated by uscis and nvc and the purpose of the interview was only to reaffirm their findings?

[SophieParker1130 3]

If I had $30 and 20 minutes to spare, I could find out how many times you were married, the lengths of the marriages and the full names of the spouses. I'll never understand why people think of immigration as some rubber stamping operation. CO's have a lot of resources and are allotted plenty of time on each case they handle. VJ'ers come on this board and complain that their interviews last 5 minutes without any significant questions prior to being denied. The applicants don't seem to realize that the CO had already done all of his/her work prior to the interview.

Couldn't have said it better myself!

[Beth & Achraf 328]

Why was the 2nd marriage declared in the first place?

[ruth14 0]

When the spousal petition is returned to USCIS, your petitioner will receive a NOID/NOIR letter from USCIS requesting a response

and he can then send the 2. divorce decree and an explanation why he did not disclose that in the first place.

If the 221g you have been given is marked with material misrepresentation then a waiver is also needed.

Sometimes it is deemed misrepresentation and sometimes it is not.

So yes, you have a second chance and should NOT re file at this time but wait.

It can take a year for the entire process of return/NOID/reaffirmation.

You will then have a second interview, needing a second medical/police report depending how long it will take.

Not much a senator can do for you now.

Thank you for that information makes me relieve..i thought there's no chance. Re-applying takes time and also lots of money. It was under 212 (a)(5)(A)