22I(g) refusal on CR-1 visa

[amul 229]

Amul:

As I said more than once that I do know and do acknowledge that there are many BIG red flags in my case, however there is nothing I could about my age compared to my wife's age AND there is nothing I could about me being previously married a few times. So these two factors alone are driving CO nuts and would drive them wild even if live away from my ex and get a job and keep the ball rolling.

Age difference is *adding* to the problem, but is not the main problem. I hope that you can take a step back and try to see things the way a CO are viewing it. Age difference is adding to the problem, but is not the main problem. I hope that you can take a step back and try to see things the way a CO is viewing it.

Getting a job is not a problem but those consular officers who interviewed my wife were more focused on huge age gap and the number of times I married before...They were talking to my wife as I'm a monster.

Great! If it is not a problem, try to get one next week. It will help you more than I can say...

They right away asked my wife's cellular phone...and right away copied SIM card information and retrieve everything right in front of her on a reader.

Both my hubby (Indian) and I have been to the US Embassy in New Delhi and each time, we had to leave our cell phones behind (in the car). How did she manage to have it with her? I am just trying to understand it all. This just does not sound like a regular interview at all.

Now many people in my wife's circle came to know about my age and my previous marriages which made them to cut off all the ties with my wife...Everyone is treating my wife as if she did a big sin or a crime by marrying me...

As you know in traditional countries like India, when individuals disobey their families and go against tradition, it is treated as crime, hence why your wife is treated like this.

We can go round and round on the topic, but in order for you to achieve your dreams, you need to be on a more solid ground.

Absolute Todos:

1. Get a job!

2. Move out!

3. File taxes with your *current* wife!

4. Visit your wife in India as often as you can!

5. Document all your visits (boarding passes, receipts)!

Without these 5 key elements, you are not just running an uphill marathon, but more like a climbing a straight and endless wall.

There are many here with age gaps (myself included) and from uber traditional countries -- we all had to get our ducks in a row. That is why VJ is such a tight knit group. You might not get coddled here, but you will get some solid advice. Harsh reality requires a harsh wakeup call.

Hope you can see where most people here are coming from. Many of us have just begun our journeys, like you and me and many seasoned VJers still keep coming back to nudge us in the right direction.

[Mounat 74]

...and when I showed her my documents to prove to her about my age then she still wanna pursue relationship with me more than ever. She never wanted to go out of India because she is from a very-very wealthy family and she is the only child of her parents. They are from a very influential family in their place. Her parents already put many-many real estates in her name already...too much gold and other investments.

If what you wrote above is true, your life would be vastly improved in India compared to the US. Not sure why you'd spend another minute as a dependent of one of your ex wives.

Forget about the visa and go live with your wife. Most men your age would kill for a wife 28 years younger who's rich and would take them in broke.

Good luck.

[Jaanu2017 1]

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.

I think I totally agree with you that refiling without knowing the exact reason of visa refusal would be just a waste of time and money. So I think its best to try to get your petition reaffirmed than refiling so that reason for denial could be addressed. Totally agree with you. However, I have noticed in your timeline that in your case CO have had stroke interview with the petitioner over the phone...is that right? Petitioner was in the US? Do you want kind of questions basically were asked? I mean, was the petitioner lived together with beneficiary at some point so to say to have stroke interview, if not then what those questions could be?? Please do share some light on it...Tnx...

[Jaanu2017 1]

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.

No idea why your husband's UK visa was denied nor its the subject topic on this thread. I don't wish people to pass judgmental opinions but believe it or not my wife doesn't want me to come to India. Its not because she doesn't want us to live together; rather she knows so well that its so hard for me to live in India for many reasons, and she just doesn't want me to go thru with all those hassle and hardship. I know its very easy to pass a judgement, but she is always look out for my best interest. She knows that I'm very much happy living in the US. She was counting every second until now to us to live together, and she still wants but she thinks of my happiness and comfortablity first over her heartbeat desire to be with me. She said that so long I could visit her twice a year, one month each time, she is ok...meanwhile she is going to enroll in Medical school which would take 5 years to finish there which would need a lots of time, energy and hardworking...and after that she is ready for me to retry for her to file immigrant visa application. People are different. Some look out their own interest while others look out their own too. We can not say who is right and wrong...or selfish. Thats why stay out in making judgment; otherwise its very easy to do anyway.

By the way, India is not UK. Living in India is so fun especially when you have lived in the Western World for so long. Until you live in India for a while, then we can talk. Yes, I do want to be with my wife and she wants to be with me, but there is nothing in India for us when it comes to improve our lives and live a comfortable life. You might have come to US to be with your husband, but I left India for US for a better life 25 yrs back.

[Jaanu2017 1]

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?

Hi there....It was not my interview; rather it was my wife's interview who is applicant and beneficiary. I'm the petitioner and US-spouse. In the end of the interview, she was given a white paper wherein 221(g) is mentioned which states that her case is now in Administrative processing. However, while handing out that while slip, consular officer did tell her that there is too many big issues in her case like we have a huge age-gap between us like 30 years almost, I have many previous marriages in the record, I'm unemployed and main thing that I'm still living together with my ex wife who is claiming me as a dependent on her tax returns and she is almost the joint sponsor for my current wife on Affidavit of Support form. He just said-good luck. Nothing else. However, they were investigating it now. My wife's mom, uncle and her cousin brother were called 3 times already and they took my mom's phone number as well. They have called a few friends of my wife too whose number they got from her phone's contact list. I think I'm expecting to get a call from them too in the US to have a stroke interview for hours...and I think my ex-wife might get a call from them too who I'm living with. However, we are all so ready, I have nothing to hide and nothing to fear. Many things happened in this just 4 days that we are now ready for any outcome.

As for your case then you have mentioned that you were told that you might receive an email from them pretty soon to turn in your passport, so I assume everything seems ok in your case. They just wanna do last moment's background check on petitioner too because its been a while they did it on petitioner which USCIS did when petitioner filed I-130 which was 8-12 or many months back. They do it again just to make sure everything is ok. So if I were you, I wouldn't scratch my head...Take it easy bro...

[Jaanu2017 1]

Age difference is adding to the problem, but is not the main problem. I hope that you can take a step back and try to see things the way a CO is viewing it.

Great! If it is not a problem, try to get one next week. It will help you more than I can say...

Both my hubby (Indian) and I have been to the US Embassy in New Delhi and each time, we had to leave our cell phones behind (in the car). How did she manage to have it with her? I am just trying to understand it all. This just does not sound like a regular interview at all.

As you know in traditional countries like India, when individuals disobey their families and go against tradition, it is treated as crime, hence why your wife is treated like this.

We can go round and round on the topic, but in order for you to achieve your dreams, you need to be on a more solid ground.

Absolute Todos:

1. Get a job!

2. Move out!

3. File taxes with your *current* wife!

4. Visit your wife in India as often as you can!

5. Document all your visits (boarding passes, receipts)!

Without these 5 key elements, you are not just running an uphill marathon, but more like a climbing a straight and endless wall.

There are many here with age gaps (myself included) and from uber traditional countries -- we all had to get our ducks in a row. That is why VJ is such a tight knit group. You might not get coddled here, but you will get some solid advice. Harsh reality requires a harsh wakeup call.

Hope you can see where most people here are coming from. Many of us have just begun our journeys, like you and me and many seasoned VJers still keep coming back to nudge us in the right direction.

"Age difference is adding to the problem, but is not the main problem. I hope that you can take a step back and try to see things the way a CO is viewing it."

As much as I would love to believe on your such a statement, yet its not the way in practicality. During the whole time my wife was drilled MOSTLY only on this age difference. She was told every word in this word to demean me when it comes to age-difference. Those fraud investigators in US embassy caller my wife's mom too right in front her and screamed at her by saying-"Are you not ashamed of yourself to sell your daughter to this man?" The 98% of the interview based on only age difference. However, I need to know that I've been around too long. Just because I came here to know how to proceed from now on, then it doesn't mean I'm totally dumb and naive. I have PERSONALLY seen at least 9 cases wherein so huge age-gap was...In one case guy was 91 yrs old and the girl was 18. In other case, guy was 77 yrs old and the girl was 21 yrs old...Those cases I have seen personally with my two eyes...ok...As I said more than once that a huge age gap will certainly give a red flag but not a reason to deny a case.

"Great! If it is not a problem, try to get one next week. It will help you more than I can say..."

I think you are focusing on getting a job which made to say that get one next week...Just you to know that being unemployed is not a reason to get denial. If you read postings on this site then you would find so many Petitioners who didn't work but their spouse application were approved with a joint sponsor. If you have no income or have little income (even with a job) then you must need to get a joint sponsor. So getting a job alone won't do here. I'm not trying to justify myself over here, rather I'm expressing my opinions as well like you guys are based on what I know. Further, I have so many issues that getting a job alone won't do any good especially at this time where my wife's case is. Just to you know, 4 people I know personally who are happened to be from New Delhi, India too and they were all given immigrant visa on a silver platter while other US citizen-spouses did not have any job/income/asset...They were living together with their parents and their parents were joint sponsors on I-864. And guess what, those so -called "perfect couple" marriages ...those relationships which every CO always wanna see and think...those relationship got broke up within 4 months of coming to US...So much for cases without any red-flag...while my marriage is going to be 2 years and their didn't last that long...So do the math.

"Both my hubby (Indian) and I have been to the US Embassy in New Delhi and each time, we had to leave our cell phones behind (in the car). How did she manage to have it with her? I am just trying to understand it all. This just does not sound like a regular interview at all."

You say that both-you and your hubby have been to US Embassy in New Delhi, but I guess you either don't know much things around there or might have not paid enough attention or things might have changed around there lately. First off, the interview letter to all applicants to this US Embassy does state very clearly that Embassy doesn't allow any cellular phone inside the Embassy nor have any place to deposit it, but guess what- they have outside the embassy...right in front of main entrance. They keep your cellular phone there with a fee of Rs.50 per phone and give you a token. And my wife was not able to manage to have her cellular phone inside the Embassy because I'm sure you know that security is how tight in all US Embassies around the world. My wife deposited the phone out the Embassy wherein they were keeping the phone with a fee. Inside during the interview she was asked about her cellular phone and she told the truth that the phone is deposited outside. They asked to give them the token number and called outside to bring her phone in...and without her permission they took her SIM card and transferred all the data in their SIM and they had a reader wherein they got all the data in there. My wife told me that she could over heard another girl in side window when she was waiting for her interview wherein they asked that girl's cellular phone too...That girl didn't bring her phone and left in home. They sent her back home and told her that she would receive another interview appointment and ask her to bring her cellular phone next time.

I have already visited my wife 3 times in 2 years...each time I stayed 2 months...I can not get a job now because I'm a full time student in health care field. That's why I am not working...otherwise, I have been working all this time in my whole life. And my ex wife is not supporting me, instead I'm supporting myself. She is providing only place to stay, which is why she claims me as a dependent on my tax return. I do have enough saving which is how I have been supporting my studying and my wife in India. Anyway, thnx for your input which is very much appreciated...

[Jaanu2017 1]

If what you wrote above is true, your life would be vastly improved in India compared to the US. Not sure why you'd spend another minute as a dependent of one of your ex wives.

Forget about the visa and go live with your wife. Most men your age would kill for a wife 28 years younger who's rich and would take them in broke.

Good luck.

With all due respect and in my humble opinion, I came to this site and posted questions and my query to seek opinions on how and what to do in order to obtain immigrant visa to my wife. I'm sorry but I have not asked personal opinion on where I should move to or anything about going to India. People come on this site to seek HELP to tackle US Immigration issues than anything outside of it. Though I do respect your opinion, but PLEASE do understand that I'm not looking information on whether or not should I move to India, or where my life would be improved. My thread is about only on how to prevail or how to move on to secure immigrant visa to my wife given her current situation. I'm just not ready yet to move to India...at least now....and not without giving a fight or without exhausting all the options available to ME. And do not forget the fact that I'm studying here and my wife would enroll in medical school in India if she won't be given immigrant visa. Right now moving to India is totally out of question.

[cdneh 3,112]

You've been given plenty of excellent advise.

[Ash.1101 1,755]

Honestly if you just want advice on how to overcome the issue, you already have your answers.

• Move out of your exwife's house and get your own place
• Get a job to support yourself and your current wife and
• Stop being financially supported by your exwife
• Go visit your current wife more, have more face time

Other than that, all these people stating their opinions can do so. This is a public forum, you can ask for people not to state their opinions all they want, but it won't happen. Also note that a lot of people here have a lot of experience learning about cases, a lot of these "opinions" aren't just the opinion of the poster, but a lot of things people say here are a case of "This is what the CO will say".

The CO's opinion does matter. I know you said that a CO can't refuse a visa based off of discretion on an immigration visa, but yes he can. If he has enough proof that your relationship isn't bonafide (and living with your exwife, being supported by your exwife, and having a secret marriage IS proof of this) they CAN deny because of that feeling it isn't legit because the feeling is backed up by all those things. It will be incredibly surprising (and honestly some people may feel insulted as some have been denied with MUCH cleaner cases) if your wife was approved.

\ slb \ SERVICE LAW BOOKS MENU \ IMMIGRATION AND NATIONALITY ACT \ INA: ACT 291 - BURDEN OF PROOF
Previous Document | Next Document

INA: ACT 291 - BURDEN OF PROOF

Sec. 291. [8 U.S.C. 1361] Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this Act, and, if an alien, that he is entitled to the nonimmigrant; immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this Act

Yes, once denied other people may look at it to see the denial and decide if it was legit. But there isn't really a law book saying what a shady relationship looks like. There is so much more discretion involved, because if there wasn't, anyone who satisfied the paper portion of this process would just breeze on in and there would be no point of a verbal interview.

There's a reason people are questioned, and it's not just to find lies.Even with all your truths and telling the truth, your relationship doesn't FEEL bonafide. That feeling, backed up with the truths you're saying, is enough for denial.




Again though, you have your answers. If she's approved then great, if not then you know what you need to change to get her approved, start ASAP.

Good luck to you, remember USCIS won't bend for you, but you may have to bend for them.

Edited December 28, 2016 by Ash.1101

[JFH 12,189]

No idea why your husband's UK visa was denied nor its the subject topic on this thread. I don't wish people to pass judgmental opinions but believe it or not my wife doesn't want me to come to India. Its not because she doesn't want us to live together; rather she knows so well that its so hard for me to live in India for many reasons, and she just doesn't want me to go thru with all those hassle and hardship. I know its very easy to pass a judgement, but she is always look out for my best interest. She knows that I'm very much happy living in the US. She was counting every second until now to us to live together, and she still wants but she thinks of my happiness and comfortablity first over her heartbeat desire to be with me. She said that so long I could visit her twice a year, one month each time, she is ok...meanwhile she is going to enroll in Medical school which would take 5 years to finish there which would need a lots of time, energy and hardworking...and after that she is ready for me to retry for her to file immigrant visa application. People are different. Some look out their own interest while others look out their own too. We can not say who is right and wrong...or selfish. Thats why stay out in making judgment; otherwise its very easy to do anyway.

By the way, India is not UK. Living in India is so fun especially when you have lived in the Western World for so long. Until you live in India for a while, then we can talk. Yes, I do want to be with my wife and she wants to be with me, but there is nothing in India for us when it comes to improve our lives and live a comfortable life. You might have come to US to be with your husband, but I left India for US for a better life 25 yrs back.

You're not making any sense.

On the one hand you are saying your wife is from a very wealthy family and has quite a real estate portfolio and several inheritances from her family and then you are saying that it would be a hardship for you to live in India. But you are currently unemployed and freeloading off your ex-wife and you don't even have enough to feed your wife if/when she comes to the USA and you are relying on the kindness or craziness of your ex-wife to make a contract with the governrmnt to support her ex-husband's new wife. But you say there is nothing in India to improve your life? You barely have a life in the USA. It's an existence. You don't even have a job.

I have lived in China and worked in India so I know what it's like to live in the developing world. You don't need to tell me it's different from the UK. And thats not the issue here. But if your wife is there, surely that's where your happiness is? Added to the fact that you have a ready-made life there with her properties and financial stability.

Since she doesn't even want to move to the USA for another 5 years whilst she completes medical school, you can get a job, release yourself from your ex-wife's apron strings and also release her from her contract with the government to support your new wife. By the way, if she's so wealthy, why aren't you using her assets for the I-864?

Something doesn't add up here.

Edited December 28, 2016 by JFH

[Jaanu2017 1]

You're not making any sense.

On the one hand you are saying your wife is from a very wealthy family and has quite a real estate portfolio and several inheritances from her family and then you are saying that it would be a hardship for you to live in India. But you are currently unemployed and freeloading off your ex-wife and you don't even have enough to feed your wife if/when she comes to the USA and you are relying on the kindness or craziness of your ex-wife to make a contract with the governrmnt to support her ex-husband's new wife. But you say there is nothing in India to improve your life? You barely have a life in the USA. It's an existence. You don't even have a job.

I have lived in China and worked in India so I know what it's like to live in the developing world. You don't need to tell me it's different from the UK. And thats not the issue here. But if your wife is there, surely that's where your happiness is? Added to the fact that you have a ready-made life there with her properties and financial stability.

Since she doesn't even want to move to the USA for another 5 years whilst she completes medical school, you can get a job, release yourself from your ex-wife's apron strings and also release her from her contract with the government to support your new wife. By the way, if she's so wealthy, why aren't you using her assets for the I-864?

Something doesn't add up here.

You can think or say whatever you want, but I'm not going to answer to your posting anymore after this one. Not because I don't respect your "opinion" based on personal agenda nor it made me upset, rather its because it provides me NO help in moving forwards to make my wife's case approved. All I see here bashing and personal judgements than helping in a true sense. If that's what called- helping then I don't think I would need this.

Just to let you know that I said that my wife is from a very rich and influential political family, but that doesn't mean I wanna dance on her inheritance. OK...Besides, I did mention that my wife has left EVERYONE in her family for me. So obviously, she has no contact to her inheritance. Further, who told you that my ex wife is providing me everything?? I said that I'm only living together with my ex wife in one house but different rooms. That's. She has claimed me as a dependent on her return, but I pay EVERYTHING for myself. Moreover, I am not working without I'm a student right now and I don't wanna work right now because of my on-going study. I do have enough money to support myself and my wife which I've been doing so far...not only supporting myself but also supporting my wife in India. My ex wife doesn't support my wife nor she supports me for anything except providing me free shelter. In return, I help my ex wife so many other things which I don't feel like I should tell here.

And why my wife doesn't want me to move to India is because she knows I don't like living in India. So she doesn't want me to suffer unlike others who only look out for their own selfish needs. But I never said that I will not move to India. All I said is that I will not move to India just now ...at least until I am exhausted all the available options to bring my wife to the US. It's my wife who is looking out my best interest than putting her selfish need first. You said that you have lived in India and China but still don't know how hard life is there for most people nor you know why people from those countries love to move to western world at any cost?? If you are clueless about it then so much for your experience and knowledge about it. Please do know that I'm not interested in your so-called opinions anymore. So you can write and talk as much as you like to vent and frustration out, but it won't bother me. I will do what I have to do to secure immigrant visa for my wife. I am sure you've got that right....

[Boiler 43,433]

How long are you prepared to wait before moving?

[milimelo 4,196]

Don't see how the ex can claim you as a dependent if you're covering everything yourself.

[Merrytooth 5,748]

Don't see how the ex can claim you as a dependent if you're covering everything yourself.

Yah, OP must receive more than half his annual support from the ex, to be claimed as dependent.

[Ash.1101 1,755]

Well, going to school doesn't make you that much money, and while the OP may not think it, free housing is INCREDIBLE support that MANY people would want, even just 500$ a month is still 6,000 a year for rent. If he's going to school, then he isn't supporting himself anyways, the school's grants and loans given to him are supporting him.

His actual income he can claim is probably very low, which is why the ex-wife can claim him a

Next question would be, is he reporting the school financial help on the tax returns? Some grants are treated as scholarships and subject to taxes, and some grants require you to report any income not used DIRECTLY on higher education such as tuition, books, and supplies. If the OP is supporting himself, then the school money is what's doing it and some of it may need to be claimed depending on the type.

Either way, again, it doesn't even matter. The OP seems to have an answer for everything, even if it backtracks things he said two pages ago. He seems to want advice, but instead of taking the advice given (like changing where he lives and getting a job) he's just coming back as to why he can't do any of this and then states he'll do anything to have his wife HERE in the US before he goes to India. If he's not -that- willing to give up free housing (or more) and get a job that makes enough for himself and his wife, there's no way he'd ever move to India. May be my opinion, which the OP seems to detest opinions, but it's fairly logical.



The correct response to all of this should be:

"You know what, you're right! I need to get my own place and support myself FULLY and COMPLETELY!" and "I know people have worked full-time jobs while going to school before, and I want my wife here, so I'm going to make damn sure to work hard and get her here"



This'll be my last post in this thread, so I'll end it with the same advice given before:

If they don't approve it:

Move out of your ex-wifes house
Stop being financially dependent enough on your ex-wife to be able to be considered a dependent on her tax returns
Get a job that can support both yourself and your wife financially, do not expect school to care for you both
Decide if you're willing to work and go to school or if that's to hard for you
Figure out how far you're willing to go to get your wife here, if it's not very far, then you may want to talk to her about your future

If they do approve it congrats and I hope your ex-wife and new wife get along in your same shared home.

Edited December 28, 2016 by Ash.1101