22I(g) refusal on CR-1 visa

[Jaanu2017 1]

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.

Thanks for your response. As for you saying that CO officer can use their own discretion and its the law then are you talking about this in relation to immigrant visa or non-immigrant visa? Because I know damn sure that this discretional authority comes in the picture when it comes to non-immigrant visa which could still be challenged by asking State Department in Washington, DC thru Advisory Opinion...and too many these discretionary decisions have been overturned. That I know for sure because it happened to me when I migrated to this country 25 years back....But when it comes to immigrant visa then its a whole different ball game. CO can only refuse to issue visa, but USCIS is the ultimate decider whether a petition is approved or revoked or reaffirmed. And since USCIS is a part of Homeland Security Department then any action of this agency can be challenged in US Federal Courts up to US Supreme Court. As for CO officer's decision on immigrant application is and can be reviewed by officer's supervisor, Chief of Visa section in the Consulate, and Legal Department of State Department thru Advisory Opinion. So a discretionary decision of CO is not final outcome and done-deal because its legally be reviewed by many. Anyway, appreciate your input.

[Jaanu2017 1]

Totally agree

Refile

show USCIS you are serious and your marriage is "for real"

appeal takes too long

Right...Refile it...By the way, someone just told me on my thread that appeal is not allowed, can you confirm it? I think you did say in your one of postings that you did appeal which took a year. So it means appeal is allowed...

[milimelo 4,167]

Nope. Google consular nonreviewability doctrine. Visa decisions can not be challenged in U.S. (and certainly not in local) courts.

[Jaanu2017 1]

Joetan it goes to NVC first then the embassy.

Some people have stated on other threads that after reaffirmation, case/file is sent directly to US Consulate than thru NVC. And Consulate will call the applicant most probably to make an appointment for the second interview. Also, its said that whenever a second interview is required or will be conducted then Police Clearance and Medical Examination would be taken only AFTER the interview than before if previously taken these stuffs have expired. They don't want you to spend money again when their is no guarantee what will happen. Once application is approved then you can take these stuffs and submit to the consulate.

[Jaanu2017 1]

Nope. Google consular nonreviewability doctrine. Visa decisions can not be challenged in U.S. (and certainly not in local) courts.

I have just read on this site, 5 minutes ago, and responded as well...A lady did say that she did appeal and got approved. But she said that her appeal took one year...Thus, she suggested that people should refile than appealing. So based on her posting, it does seem that appealing is allowed....

Nevertheless, refiling is always allowed regardless of number of times. People can keep trying and trying and trying that giving it up...It might cost money, time, energy and a long waiting but its worth if someone do care about starting a life together with their spouse in this great country....Most people from Western world do give up easily because they are from Western World, but for some people its not an option to go back to a 3rd world country or developing country to start a life there all over especially when you have been living in US for whole your life....Yes, if they do want to live together with their immigrant spouse then they will need to move together to the country of immigrant-spouse or any other country but not after exhausting all available options, in my humble opinion.

Edited December 26, 2016 by Jaanu2017

[milimelo 4,167]

I have just read on this site, 5 minutes ago, and responded as well...A lady did say that she did appeal and got approved. But she said that her appeal took one year...Thus, she suggested that people should refile than appealing. So based on her posting, it does seem that appealing is allowed....

You can appeal USCIS without any issues.

I specifically said visa denials can not be appealed.

[Ebunoluwa 6,136]

Some people have stated on other threads that after reaffirmation, case/file is sent directly to US Consulate than thru NVC. And Consulate will call the applicant most probably to make an appointment for the second interview. Also, its said that whenever a second interview is required or will be conducted then Police Clearance and Medical Examination would be taken only AFTER the interview than before if previously taken these stuffs have expired. They don't want you to spend money again when their is no guarantee what will happen. Once application is approved then you can take these stuffs and submit to the consulate.

Every re affirmed petition makes a pit stop through NVC. Always.

You are getting further NVC processing between the petitioner and NVC mixed up with routing a petition from

USCIS via NVC to the consulate.

[Ebunoluwa 6,136]

Right...Refile it...By the way, someone just told me on my thread that appeal is not allowed, can you confirm it? I think you did say in your one of postings that you did appeal which took a year. So it means appeal is allowed...

There is nothing to appeal. USCIS has not denied the petition and the way to proceed is through answering the NOIR

with the path to re affirmation.

[Jennie & Awal 1]

It's a year from date that uscis receives it back , your not wasting a refiling fee and it takes same amoutntcofxtime 12 to 18 months depending where you are filing from.

[KierenHby 897]

I have just read on this site, 5 minutes ago, and responded as well...A lady did say that she did appeal and got approved. But she said that her appeal took one year...Thus, she suggested that people should refile than appealing. So based on her posting, it does seem that appealing is allowed....

Nevertheless, refiling is always allowed regardless of number of times. People can keep trying and trying and trying that giving it up...It might cost money, time, energy and a long waiting but its worth if someone do care about starting a life together with their spouse in this great country....Most people from Western world do give up easily because they are from Western World, a very biased view of a world you're now a part of; pure speculation. but for some people its not an option to go back to a 3rd world country or developing country to start a life there all over especially when you have been living in US for whole your life....Yes, if they do want to live together with their immigrant spouse then they will need to move together to the country of immigrant-spouse or any other country but not after exhausting all available options, in my humble opinion.

Arguably your ties to the US (bank account\US passport) don't seem to be as strong as your ties to India (spouse). Let us know how the appeals process works out once your wife's petition is returned to USCIS.

[Ryan H 3,790]

~~~Posts merged with existing thread; please do not hijack threads started by other members.~~~

Edited December 26, 2016 by Ryan H

[Ebunoluwa 6,136]

If you simply refile without knowing the exact reasons the CO refused to issue the visa you will end up with the same refusal

and then it becomes a waste of even more time and money. That is why waiting for re affirmation is better as you have the

chance to address the refusal reasons per NOIR request.

You also can not have 2 active petitions floating around.
The return process is set up the way it is with waiting for re affirmation through the NOIR for a good reason, trying to

beat the system by re filing can bring on a second refusal.

[Jennie & Awal 1]

It's a very sad but hard truth Ebunowula but it is same time to wait it out but less because you end up with reaffirm in most cases .

[JFH 12,189]

What I would do is put your money where your mouth is and live with your wife in India for a while. This demonstrates that the marriage is bona fide and not for immigration benefits. After a period of time together in India (say, 3 years) you can re-file with 3 years of extremely strong bona fide evidence. And you can stay together throughout - which is the point of marriage.

I'd live with my husband in a cardboard box in the middle of nowhere if I had to. The thought of not being with him is unbearable. Doesn't your wife want you to come and live with her? When my husband's UK visa was denied, he wanted to start the process for my US visa immediately. We just wanted to be together as quickly as possible. We didn't want to waste time with appeals or re-filing for the UK. If I was your wife I'd be begging you to come live with me in India.

[IowacityGuy 152]

Soulstriker:

Thanks for your response which is very much appreciated. You said that if my wifes 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 wifes 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-wifes 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 dont 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.

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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. Im 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 Im 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...Thats all. Her entire family doesnt 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 thats where immigration courts come in the picture to strengthen the govt.s action. Again, I do respect peoples personal opinions but the question is- if there is anything I have done against the immigration laws to make my wifes 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 wifes cousin brother AGAIN and asked too many questions again and again.

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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 dont 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 peoples 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. Thats 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 didnt 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 fathers 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 dont 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...thats 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. Thats 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 dads permission and knowledge then he said that he didnt 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 cant say about her. She didnt 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-fathers statue there...Her father is the biggest Supreme courts 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...

Sir i do have a question. Since i was interviewed at New delhi too,i was told my case is going o take little longer and i need to wait for an email from embassytp turn in passport. what did they really told you at the end on interview? What exactly says on 221g form?