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visa deny and case been return after 6 months in AP

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I was interview in abudhabi embassy on June,during my interview,the CO disagree with my marriage certicate,I got married in dubai in a sister church which according to the church ,they have no power to issue marriage certificate as this church is not registered with dubai,in that case ,the pastor with the church headquarter in my country register the marriage with nigeria marriage registry ,the CO said why the church in dubai were unable to issue the certificate?I told her I am a Christian and I worship in that church but the church only can issue a testimonial which I attach with my papers,after asking other questions,she said I am denying you this visa,contact uscis around 5 to 6 months,due to her argument,I contacted my wife and agreed that we have the marriage done again since CO disagree with this marriage certificate just becasue it was register from nigeria .we both went to nigeria and have the marriage done the second time in a federal marriage registry,I contacted the embassy again that we got married again and I want to send them the new marriage certificate ,they told me to submit the original in any working day which I did.after almost 6 months of waiting,I wrote email to them but no reply,my wife contact her senator and they email the senator that the case is been return due to lack of bonafide relationship between the petitioner and the beneficiary,now lawyer asking us to pay 1500 to get uscis to take action on the return case and other fees to be paid when we get the NOIR. I need advice.thanks

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I was interview in abudhabi embassy on June,during my interview,the CO disagree with my marriage certicate,I got married in dubai in a sister church which according to the church ,they have no power to issue marriage certificate as this church is not registered with dubai,in that case ,the pastor with the church headquarter in my country register the marriage with nigeria marriage registry ,the CO said why the church in dubai were unable to issue the certificate?I told her I am a Christian and I worship in that church but the church only can issue a testimonial which I attach with my papers,after asking other questions,she said I am denying you this visa,contact uscis around 5 to 6 months,due to her argument,I contacted my wife and agreed that we have the marriage done again since CO disagree with this marriage certificate just becasue it was register from nigeria .we both went to nigeria and have the marriage done the second time in a federal marriage registry,I contacted the embassy again that we got married again and I want to send them the new marriage certificate ,they told me to submit the original in any working day which I did.after almost 6 months of waiting,I wrote email to them but no reply,my wife contact her senator and they email the senator that the case is been return due to lack of bonafide relationship between the petitioner and the beneficiary,now lawyer asking us to pay 1500 to get uscis to take action on the return case and other fees to be paid when we get the NOIR. I need advice.thanks

Is this a K1 or or CR1?

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If I was you after waiting all that time I would "consider" doing a CR1 again considering the lawyer will still not be thre to interview and thwy may just tell you to resubmit application.

it is cr1 not k1

Is this a K1 or or CR1?

cr1

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It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

but the letter from embassy to senator said lack of bonafide between the petitioner and beneficiary,but we ve so much evidence that can be use to rebut it,I never know if know letter will say different thing from what they wrote senator.can I re apply or wait for this NOIR as I am thinking that re filing without pursuing this won't help because the consulate might still deny it again or what do you think?

Edited by Ryan H
Reason for edit: to remove multiple posting.

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It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

I agree with this post.


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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but the letter from embassy to senator said lack of bonafide between the petitioner and beneficiary,but we ve so much evidence that can be use to rebut it,I never know if know letter will say different thing from what they wrote senator.can I re apply or wait for this NOIR as I am thinking that re filing without pursuing this won't help because the consulate might still deny it again or what do you think?

You did not have the marriage certificate BEFORE you filed therefore you were not legally married according to USCIS.

It does not matter that the reason was that the church was not officially recognized and couldn't issue the certificate

and the registration in Nigeria was done AFTER the filing.

It does not matter that the blanket statement was 'lack of bona fide', no amount of relationship evidence can overcome

not having a marriage certificate submitted upon filing a spousal visa.

The lawyer is shady and wants your money, consult several other immigration lawyers who understand this issue

fully and the NOIR process and they will tell you the same thing, you need to refile with the proper marriage certificate.

I don't know what all is involved in the registration process that you said the pastor in headquarters did and if you have

to be there personally to do it or not. If it was done correctly according to Nigerian law then your refile should be

approved. Have your wife withdraw the current petition and write a letter explaining the reason and then she can

FRONTLOAD the next petition. Don't wait to send your mountain of evidence for the next interview, frontload it

with the petition to USCIS and write a second withdrawal letter and place it in the petition package. Then bring all this evidence

again plus new evidence to the next interview.


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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You did not have the marriage certificate BEFORE you filed therefore you were not legally married according to USCIS.

It does not matter that the reason was that the church was not officially recognized and couldn't issue the certificate

and the registration in Nigeria was done AFTER the filing.

It does not matter that the blanket statement was 'lack of bona fide', no amount of relationship evidence can overcome

not having a marriage certificate submitted upon filing a spousal visa.

The lawyer is shady and wants your money, consult several other immigration lawyers who understand this issue

fully and the NOIR process and they will tell you the same thing, you need to refile with the proper marriage certificate.

I don't know what all is involved in the registration process that you said the pastor in headquarters did and if you have

to be there personally to do it or not. If it was done correctly according to Nigerian law then your refile should be

approved. Have your wife withdraw the current petition and write a letter explaining the reason and then she can

FRONTLOAD the next petition. Don't wait to send your mountain of evidence for the next interview, frontload it

with the petition to USCIS and write a second withdrawal letter and place it in the petition package. Then bring all this evidence

again plus new evidence to the next interview.

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

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You most likely will not get those certificates back. Your file will just sit somewhere in a storage room and be forgotten about and probably eventually destroyed.

Request all new documentation. As suggested, make sure to with draw current petition and then refile and front load your petition with everything you have including the proper marriage certificate.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

Yes, if your case is in the US then you can call to withdraw or cancel


(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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You most likely will not get those certificates back. Your file will just sit somewhere in a storage room and be forgotten about and probably eventually destroyed.

Request all new documentation. As suggested, make sure to with draw current petition and then refile and front load your petition with everything you have including the proper marriage certificate.

ok thanks for your time,I will be calling for the lawyer so that the old petition is cancel and we can refile with this new certificate,instead of waiting for 1year plus for petition review which I may not win ,I have to refile as you suggested.thanks for your kind and timely advice

Yes, if your case is in the US then you can call to withdraw or cancel

ok thanks I am looking forward to do as directed.I appreciate your reply

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Relax while you proceed with all the advice you have received in here. You really don't need a lawyer for all you intend doing, read the guides and wiki above, and research in here, you will see someone who has gone through a similar issue in the past.

Wish you well on your visa journey!

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I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

You said the church's marriage certificate was not registered (because the country did not recognize your church)

are you now saying it was registered before the filing ?


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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