Jump to content

23 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

Hello everyone, has anyone been through the following situation:  My husband's CR1 application was denied in September 2015 in Ghana.  It was then Reaffirmed by the USCIS in December 2016.  The embassy in Accra, having received the reaffirmation, has sent the case back again to USCIS, disagreeing with the USCIS's reaffirmation decision.

 

We don't even know why he was denied.  We have an age difference, I am the woman and I am older, but the interviewing officer never once brought that up in the interview.  She was focusing on two other issues that I won't get into here, but never mentioned the age difference, which makes me believe it's not that.  

 

Anyone who has gone through this, please let me know.  We are at our wit's end and need to decide what to do. 

 

Thank you.

Filed: Citizen (apr) Country: Ghana
Timeline
Posted

Was your case reaffirmed after you submitted additional evidence to the USCIS or without additional evidence needed? 

 

This is just a thought. But I would guess if the USCIS reaffirmed it with out additional evidence to address the embassy's concerns that may be why it was sent back again. 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from Process & Procedures to Progress Reports.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

Lutz, without going into the details no one can give advice on how to proceed.
It has to be new evidence they are using and claim USCIS has not seen during the initial reaffirmation.
They can also sift through new evidence you may have submitted or they did a field investigation/home visit

to bring another issue.
Also very possible that if USCIS did not request a response to a NOIR/NOID from you then that could be why the embassy

send it back again. There isn't anything to do for you except keep visiting, keep up with ongoing evidence and keep
having the senator check on it periodically. So sorry for your troubles. Hang in there !

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.

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

This is confusing because ours and a lot of others that got reaffirmed in September and October have not have interview yet and how come yours was called so fast and denied?. And if there was a second interview then I think the only way you would get help from this resourceful platform is to openly say it all what the issues were at the interview then a lot of people would offer analysis and possible suggestions to help your case.

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
4 hours ago, bravagreen said:

This is confusing because ours and a lot of others that got reaffirmed in September and October have not have interview yet and how come yours was called so fast and denied?. And if there was a second interview then I think the only way you would get help from this resourceful platform is to openly say it all what the issues were at the interview then a lot of people would offer analysis and possible suggestions to help your case.

 

My husband was not called for an second interview.  His case was just sent back to USCIS without a second interview, which is why we were surprised that they would do this without even speaking to him again.  

 

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
10 hours ago, Ebunoluwa said:

Lutz, without going into the details no one can give advice on how to proceed.
It has to be new evidence they are using and claim USCIS has not seen during the initial reaffirmation.
They can also sift through new evidence you may have submitted or they did a field investigation/home visit

to bring another issue.
Also very possible that if USCIS did not request a response to a NOIR/NOID from you then that could be why the embassy

send it back again. There isn't anything to do for you except keep visiting, keep up with ongoing evidence and keep
having the senator check on it periodically. So sorry for your troubles. Hang in there !

Thank you for your supportive words.  No need to go into detail about the reasons again, but your answer does make sense.  Maybe the embassy was expecting the USCIS to issue an NOIR/NOID, and when they didn't and simply reaffirmed it, they didn't go for that and sent it back.  

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
15 hours ago, O&GForever said:

Was your case reaffirmed after you submitted additional evidence to the USCIS or without additional evidence needed? 

 

This is just a thought. But I would guess if the USCIS reaffirmed it with out additional evidence to address the embassy's concerns that may be why it was sent back again. 

I agree.  No NOIR was issued.  We didn't even know exactly why it was denied in the first place, nothing was checked on the checklist.  Well, it's on it's way back for round 2 at the USCIS, what can we do but wait again?

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted (edited)
1 hour ago, bravagreen said:

But please how did you know and certain that they have returned the case without you attending interview? Because wen you follow the ceac system it can be deceptive sometimes. 

True. I was shocked when I heard where the file was.  I had been emailing, even FedExing the embassy, and they kept telling me they did not even have the file there at the embassy.  This was all the way up to the 5th of March.  They even sent an email to my lawyer, saying they did not have the file there.

Then, just yesterday, my congressperson's rep called me and he is the one who told me what was going on.  I would not have known anything without his being able to get in touch with the embassy.

Have you been trying to contact the embassy?  Have you involved your congressperson or Senator?  If not, you should.  It seems the only way you will get the real story.

Edited by lutz
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

For me I think is not convincing what the congressperson told you. You know since the embassy haven't enter your case into their system it will still be reading the last return of the case. Probably they checked and realised the system still says your case is been returned and that is exactly what they will tell the congressperson. Exhale and relax because I am sure your case is not returned. The embassy will not return a case without interview, how about that? This congressmen, uscis,nvc, the embassy and sometimes some of the immigration lawyers can always give you false information. 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
1 hour ago, bravagreen said:

For me I think is not convincing what the congressperson told you. You know since the embassy haven't enter your case into their system it will still be reading the last return of the case. Probably they checked and realised the system still says your case is been returned and that is exactly what they will tell the congressperson. Exhale and relax because I am sure your case is not returned. The embassy will not return a case without interview, how about that? This congressmen, uscis,nvc, the embassy and sometimes some of the immigration lawyers can always give you false information. 

Really?  Ok.  I did call the USCIS and they don't have it, at least that's what they told.  I'm so disgusted with it all.  Like you say, I'll just relax, exhale and wait.  thanks.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...