22I(g) refusal on CR-1 visa

[soulstriker 274]

if denied you can take time to get in a better situation in your life and try again, you dont really need to prove anything to anyone on vj, alot of red flags to tackle which is probably why scrutiny will come for sure, i dont really think a lawyer could even help this scenario

[cdneh 3,112]

USCIS do not care how old you look. They will be interested in how old you are.

You have the right to marry anyone you like. Immigration, however, is not a right, it is a privilege.

[Boiler 43,426]

Rhe important thing is that you are together and there seems no reason why you can not be.

[KierenHby 897]

No one here judges you, you have the right and marry anyone you chose. But US embassy staff in every country are trained in the local culture, and

they saw you were married and divorced three times.

they saw you're living with your ex-wife.

they saw your ex is financially supporting you.

they saw no one attended your wedding.

they saw you can't financially support your wife by yourself

they saw your wife is of barely legal age to be married

Guess what.. your marriage didn't pass the smell test with the New Delhi US embassy.

[Pitaya 2,576]

~Moved from IR1/CR1 Process to IR1/CR1 Progress Forum~

[Ash.1101 1,755]

No one here judges you, you have the right and marry anyone you chose. But US embassy staff in every country are trained in the local culture, and

they saw you were married and divorced three times.

they saw you're living with your ex-wife.

they saw your ex is financially supporting you.

they saw no one attended your wedding.

they saw you can't financially support your wife by yourself

they saw your wife is of barely legal age to be married

Guess what.. your marriage didn't pass the smell test with the New Delhi US embassy.

All you can do is work on the things you CAN change.

You can not change your marriage history

You can not change that no one attended your wedding

You can not change that your wife is how ever young she is

You CAN change that your living with your ex-wife by moving out

You CAN change that your ex-wife is financially supporting you by getting a job

You CAN try to have a vow renewal or something and invite family and friends to at least SHOW you're trying to make an effort

You CAN get a job and financially support your wife

Loving your wife isn't enough to USCIS. They don't care about the touchy feely love. Your love needs to be what is considered "normal" by most, and if it isn't well then you need to try to figure out how to get it as close to that mold as possible. USCIS holds standards for marriage that you may not hold for yourself, but if you want your wife to come to the US you need to look at what THEY expect from you and change what you can in your situation.

Actions speak louder than words, if you reapplied for your wife to come here, and you didn't live with your ex, and you had a job that could support your wife and you visited her and met her family and had pictures and such to prove you made an effort, you may have a better time. But if you want to tell any person you love your current wife, while living and being financially supported by your ex, and keeping your marriage shrouded in secrecy, well, any person that DOES have the ability to judge you (USCIS consulate officer) won't think you're in love.

If you don't change any of the things you CAN change, then don't expect your wife to ever come to the US. It just won't happen as they will NEVER see past the red flags. Immigration is a privileged not a right, and if you want to be privileged enough to have your wife come live with you in the US, you will need to work with what you can and show USCIS that you are legit and fit what they think legitimacy is.

Edited December 25, 2016 by Ash.1101

[milimelo 4,191]

Your wife not telling her parents and friends she is married is an indication of sham marriage. If they looked through her social media and no indication she's married they'll dig deeper.

They'll probably do interviews with neighbors and friends and then return your case to USCIS with their results.

You have a right to marry who you want but immigration is a privilege not a right.

[Jaanu2017 1]

Soulstriker:

Thanks for your response which is very much appreciated. You said that if my wife’s application is finally denied then I should take time to get myself in a better situation in my life and try again....but what I think is that they will still doubt my relationship if I would try after being in a bit better situation and probably will never grant my wife’s application based on age-gap between my wife and I, and because of the fact that I was previously married 3 times. Yes, I can and should move out of my ex-wife’s place and get a job...and try to spend more time with my current wife at abroad and try to take more pictures and should involve more family and friends, but I don’t think it would be enough for them. Yes, it would be at least a step towards changing the situation, but not enough for her get approved.

==============================================

Ash.1101:

Thanks for your response, and you are right that I can and should change a couples of things if I do want to get my wife to US to be with me in the future, but I just hope that you and others here do realize and you have already realized that there are couples of things I can NOT change such as the huge age-gap between me and my wife, and that I was previously married 3 times which were the main areas of focus for Consular officers while interviewing my wife. I do acknowledge that I did make a BIGGEST mistake of my life by providing I-864 for my wife from my ex wife; otherwise they would have no way to know that I am still living with my ex wife. No way ...no how. Also, I should have an attorney to go with my wife to the interview so that all these questioning and the way they questioned her would not happened for sure. They could not have asked her phone and copied the SIM and many more. There are many immigration attorneys who do have offices in other countries too. I should have known that given so many red-flags and serious ones then I should have sent an attorney with my wife to her interview. I’m no way is saying that going with an attorney to the interview would have guarantee the approval of her application on a silver platter; rather I’m simply saying that all these unethical questioning and the way she was treated would not have happened for sure.

Our biggest problem is- We do not have any family and friends to be our side. My entire family doesnt want to do anything with me because I married such a young girl. They took this as a moral value of mine especially when all my neice and nephews are much older than my wife. I did invite them in my wedding but no one came; otherwise they were all so close to me. So its been going 2 years since I have no contact whatsoever with any of my family members in India except my mom whose my wife live with in India. And I do not have any friends in India because I have been living in US for the last 25 years and started going to India only 4 years back. So obviously, I do not have friends there. As for any extended family in India then I was never ever close to any of them even when I used to live there 25 years ago...Not only I am not close to them, rather my whole immediate family is not close to our extended family nor extended family is close to us. We people have our own world. Everyone is busy in their own life.

Same goes to my wife. She married with me by getting eloped (run-away). Her family never knew about me. I have spoke with her mom only 3 times...That’s all. Her entire family doesn’t know whom she married to and they always think that she is either lying to them that she is married now...or might be she doing something wrong like being a mistress to someone. They never met me nor talked with me. My wife always says that if they would see me that they will not accept me and would treat me very badly which she never wants to. She is from South India and Im from North India...totally different culture and lifestyle and belief. Only Indians could understand this. So we are left now without any family and friends to show in pictures and in our life so that our relationship could be validated or at least seems norm.

I see how US govt. and most people here are seeing the situation of me living with and being supported by my ex wife, but in my humble opinions I personally do not think that its immoral and illegal for a person to be living with ex as friends...It is so strange and unusual...even without any immigration case is being involved, but its not immoral and illegal. And as far as I know then govt. can not deny a case based on some personal opinions or personal moral values; rather it should be based on laws and regulations, and that’s where immigration courts come in the picture to strengthen the govt.’s action. Again, I do respect people’s personal opinions but the question is- if there is anything I have done against the immigration laws to make my wife’s application to be denied??

I know consular officers do know their job too well but they also know that almost every denial will be appealed and challenged in US courts especially when cases are genuine and real regardless they would prevail or not. What my wife did good in the end of the interview...at least one thing...is that she provided 40 pages of our telephone record which does show that we talk at least 10 hours a day and 35 pages of our Whatsapp chat record...and 20-25 pictures of us even though those were selfies and some of them were together with my mom..So given these evidences to be the part of the record, it would make their job a bit more harder to investigate throughly before denying her because all these records would play an important role during appeal and in courts...

Just got a news a minute ago that consular officers called my mother-in-law and my wife’s cousin brother AGAIN and asked too many questions again and again.

===========================================

Milimelo:

I totally agree with you that having a green card is a privilege and not a right, but I totally disagree with you and do know 100% for sure on your statement when you say that its a sham marriage if my wife is not telling to her parents and friends that she is married. Many people don’t tell to anyone that they are married for various reasons. In her case, she did tell her parents and even her friends that she is married, but she never asked approval and permission to get married with me from her family and relatives. Ok. A marriage is about two individual people and other people’s permission and approval and knowledge is not important. In many culture around the world, parents control their children whom they should marry and when they should marry, and unfortunately India is one of them. That’s why arrange marriages are more prevailing there than love marriage. Though time has changed but arrange marriage is still in majority. Besides, even most Indian girls do want their parents to find their groom for them because they say that “they are their parents. they know better what is best for them..so obviously parents will do best for them”. In India, parents’ approval is most important when it comes to a girl to get married; otherwise she has to run away and/or quietly get married. Because she knows that if she would ever think to go against the wish of her parents then she will disowned by her entire family because family always want to choose a guy for her as they want than allowing her fully to decide what is best for her.

My wife didn’t tell her parents or anyone before the marriage that she is going to get married with me; otherwise her father would have restrained her in the home which he did before when he saw her once talking with me over the phone. He never knew of my age or about my 3 previous marriage. He just didnt want her to go further with any guy who he has not chosen for her. So think about what he would have done to her if he would have ever come to know that her daughter was talking with a guy of her father’s age and with a guy who was already previously married 3 times?????? Nobody in India would approve a relationship of a girl in her early 20s to be married with a guy of me...which is a fact...nobody. India is not like western countries nor it is like many Asian and Latin countries. I saw by my own eyes 91 yrs American guy having married to 18 yrs old Philippine girl...Like this I have had seen many. Philipino don’t have problem. They just say that its their life and if they happy then so be it...but this is not the case in India, Pakistan and in Middle East...

My wife said that she didnt want to lose me and didnt want to marry another guy, so she insisted to get married quickly...so that nobody could separate us. If you read news from India in Indian newspaper then you would know that most Indian parents and family in India will restrict girl to go out and will beat her badly and would force her to get married with a guy they want...that’s why more and more girls are getting married in court quietly without the knowledge and permission of their family...And their family still beat her and strain her then they seek the help of court...and Indian courts do interfere and ordered parents to stay away by saying that both parties are adult and legal age to decide whom they like to get married...Courts have sent many family members to jail for harassing...beating...for keeping their daughters restrain inside the house even after marriage. That’s why wife didnt tell her parents before the marriage. Further, her father was forcing her to get married with a son of his friend who was a rich guy and of their culture. And when my wife went her home after got married with me in married costume, she was thrown out of the house by her father in the middle of the night by saying that she married without her dad’s permission and knowledge then he said that he didn’t want to do anything with her and asked to leave the house right away. She had no where to go in the middle of the night...Remember, I live 3000 miles away from her home town...like the distance between California and New York. So its easy to say thing but only those who face the problem knows the problems.

All my neighbors know that we are married, but can’t say about her. She didn’t go back to home after being married with me except once when she was thrown out of her home. Her parents never told to anyone because they think it will make them look so bad and insulted if people would know there that their daughter got married all of sudden and overnight ...Remember, I wrote somewhere in my posting that her family is a very influencial family out there....Her family belongs to a well-known politician family as her father fought for the freedom of her place and her city has her grand-father’s statue there...Her father is the biggest Supreme court’s lawyer in there...They own much of the property around there..So its an insulting matter to them to let people know that their only child got married without fancy and extravenza wedding. They only care about their status than her happiness...

[Jawaree 717]

Why is a man you age marrying an under 18 yr old even if he family consented (they probably want a better life for her)

why would an unemployed man supported by his ex petition one from his xounry (seem for immigration benefits)

why would an ex tolerate you around not working & co-sponsor a young girl ( strange even if polygamy is the intention)

case has many red-flags & questions....above is dome of USCIS thoughts...find your own place, get a job, tax huh...this

wll be thoroughly investigated, its a high fraud region too

[JFH 12,189]

You have gone to great lengths here to tell us how genuine this marriage is. But it's not us you need to convince. It's USCIS and the consular officer at the interview. Obviously you failed to convince the consular officer.

You seem to (wrongly) think that because you have not done anything illegal your wife cannot be denied a visa. You even have evidence in the form of a 221g in front of you that visas can be denied even if the parties have not broken any law. Immigration is a privilege. No one is guaranteed a visa ever. Having seen much stronger and more convincing cases be denied here, frankly I'm not surprised that your wife's case was denied.

Now, since you clearly love your wife dearly and cannot bear to be apart from her I would suggest you apply for jobs in India and go back and live with her there. After all, the ultimate aim of all this is to be together and not move to the USA. I tried to bring my husband into my country and we were denied. So I have moved to his country. It's what you do.

[Ash.1101 1,755]

I saw in your response to me that you thought the govt can only deny based on laws.

In the laws, it says that the CO can use their own discretion, so it is in the law that they can deny based on their own personal feelings.

Also having a lawyer only helps so much, from what I heard, they can't impede on questioning so they can't go "hey don't ask that" or "I feel that's too much", they can simply provide support by being there supervising, but it doesn't seem to really help any cases. It just means you have money for a lawyer, and plenty of people doing this process have that kind of money. There are people here who have been asked what their prefered sexual position, also it seems very common to ask for phones. There have been people who have been denied because they have called people in their contact list to interview them to see if they knew about the relationship. These are things we hear about fairly often to assume that they aren't "over the top" tactics. There really is, from what we've seen here, no question that's too personal because questions like that are subjective, what you might see as crossing a line, others may not. Unless they are verbally attacking to an extreme, they can ask almost anything they want of you.

And just because they know people may go appeal after appeal or take them to court doesn't mean they should just let anyone through since by that logic it'll happen anyways. NOT everyone makes it into the US just because they married a USC. It's that simple.

Yes, if a person has the money and the time and truly wants their spouse in the US and is unwilling or unable to move to their spouses country, they can take it that far. But it's not common because MOST people don't have to fight the system that hard because MOST people don't have a relationship that is full of red flags.


You said yourself that the relationship is strange, if you feel your relationship is strange and your situation is strange then everyone else will see it like that as well. Until you can make your relationship a lot more normal and a lot less strange, expect denials, expect appeals that may not even work. You'll have to change your circumstances to change your current future.



Also like the above poster said, you can move to india and be with her. USCIS won't stop that from happening. But if your goal is to get her into the US, then you're going to need to change your current situation, it's simply not good enough by USCIS standards.

Edited December 25, 2016 by Ash.1101

[milimelo 4,191]

Visa applicant has no right to bring a lawyer to interview. If denied, there's no appeal process. Underlying petition is sent back to USCIS with recommendation to revoke it. USCIS does NOID or NOIR and petitioner then has a chance to rebut what consular has stated in the memo.

[Jaanu2017 1]

You have gone to great lengths here to tell us how genuine this marriage is. But it's not us you need to convince. It's USCIS and the consular officer at the interview. Obviously you failed to convince the consular officer.

You seem to (wrongly) think that because you have not done anything illegal your wife cannot be denied a visa. You even have evidence in the form of a 221g in front of you that visas can be denied even if the parties have not broken any law. Immigration is a privilege. No one is guaranteed a visa ever. Having seen much stronger and more convincing cases be denied here, frankly I'm not surprised that your wife's case was denied.

Now, since you clearly love your wife dearly and cannot bear to be apart from her I would suggest you apply for jobs in India and go back and live with her there. After all, the ultimate aim of all this is to be together and not move to the USA. I tried to bring my husband into my country and we were denied. So I have moved to his country. It's what you do.

You are right that allowing an alien in the US is a privilege than a right. You are also right that I do not need to convince anyone here about my situation and bonafide of my marriage, however I believe since most of us come on here to get help then its our job to give a clear and truthful version of the situation so that people might give their opinions on it which I might somewhere could help us somehow. Who knows it. Also, it is also our obligation to correct people when they mistakenly took our situation differently or make a judgement solely based on their own personal views. And as you know that most people come on here to get help on their ongoing immigration issues than hearing personal opinions/judgement. Nevertheless, I do respect them for providing their opinions, personal or not.

And you are also right that people are denied left and right everyday even though they have much stronger case. As for your suggestion that I should move to India now because you did the same to move to your husband's country when he was not issued a visa then its something I'm not ready to do now..Maybe in the future when I will be exhausted ALL the possible options to make her application approved. I'm just not yet ready to give up. Sorry. Our fight or adventure has started only now...Before moving to India to be with my wife, I wanna live in peace with the fact that at least I did try my best and explored all options. By the way, her case is right now on Administrative Processing. Some might argue that it means denial anyway, but I don't think that anyone can say it for sure. Everyday consular officers are contacting my wife's and my family and asking all kinds of questions regarding our marriage. So if they have closed the case by denial then there is no need for them to investigate it. They even called her school to ask what she studied and when...etc...On Immigrant visa application, people do need to provide all their academic schools we ever went to. Bottom line is they are investigating everything. In my personal views, its not only because we have many big red flags on our application but it could also be because of what happened in 2014 in San Berdino in CA here when a Pakistani immigrant girl turned out to be a terrorist and she turned her American born pakistani husband into a terrorist and both of them killed 14 people. After that incident, checking every immigrant's background throughly and carefully was the talk during Presidential debate. So somehow it has something to do with it too, I believe.

Anyway, I have many remedies available as of now to seek review on my wife's application before I decide to go live in India with my wife or any other country. Thank you so much for your reply which is very much appreciated...

[Jaanu2017 1]

Visa applicant has no right to bring a lawyer to interview. If denied, there's no appeal process. Underlying petition is sent back to USCIS with recommendation to revoke it. USCIS does NOID or NOIR and petitioner then has a chance to rebut what consular has stated in the memo.

Thanks for such a valuable information. I thought immigrant visa applicant can accompany a lawyer to interview. I think I just read yesterday online. And I'm not sure if appeal is allowed or not, but I wonder why not. I mean if USCIS would revoke a petition then it could be reviewed in BIA and courts since USCIS is on mainland and part of Homeland Security Department than Department of State. One thing I am sure is that attorneys can ask the legal department of State Department about their Advisory Opinion whenever an application is denied on such a ground wherein its deemed that visa is refused by a consular not based on laws and regulations. Again, I'm not trying to defend my wife's case nor I'm trying to reject information provided by you and everyone else over here; rather I'm trying to express my opinions as well and providing what I know. And as I said many times I have never seen any law which state that a person can not petition his/her spouse just because s/he was previously married many times and s/he is much older than his/her spouse...and living with ex....Do these situations come under red flags? You bet...but not to deny a case because laws and regulations must be followed than making arbitrary decision based on personal views. I know officers do make decision all the times based on their personal views but those decisions are reviewed by their supervisor, agency's attorney and legal department and then by courts. We have provided enough evidence about our ongoing relationship. We might not have had fancy wedding or wedding cake...extravenza wedding...thousands of guests...colorful ceremony and pictures to prove it, but we do have our love and proof of ongoing relationship...As to whether or not we would prevail then time will tell....If we fail to prevail, then obviously I will move to India to be with my wife.

[Boiler 43,426]

then obviously I will move to India to be with my wife.

Good to hear.