CR1 visa denied under 214(b)

[JayCin 0]

I petitined for my husband for an immigrant visa/ IR1/ greencard, instead the Embassy, or perhaps USCIS, went with a CR1 visa. Well, it was denied under 214(b). I am so confused, frustrated and hurt. On top of that they said he had to get a psychiatric evaluation before he could apply again, but they made him do a psychiatric evaluation before his interview for the CR1 visa at the US Embassy in London. Did that one not count? 

[KurosawaSan 52]

Read up and see if potentially some of the reasons are listed there:

http://mypathtocitizenship.com/what-are-some-reasons-for-a-cr1ir1-visa-denial-and-should-i-appeal-or-reapply/

[nightingalejules 678]

Ok, first of all, CR1 is basically the same as IR1. All it means is that since you haven't been married for 2 years at the time of filing, you will receive a "Conditional Permanent Residency" (2 years, then you remove the conditions to get a regular green card) instead of a regular green card. (10 years) Nobody "decided" it. It's straight math.

 

The other issue - a 214(b) denial - doesn't make any sense. It can't, by definition, be used as a reason to deny a CR1 (which is an immigrant visa)

214(b) refers to a denial based on the traveller being unable to prove that he/she is NOT planning to immigrate. It applies to non-immigrant visas - for example, if you'd applied for a B1/B2 visa. Obviously this is not a reason to deny an immigrant visa. 

Wait, sorry... I guess they also use this code when they suspect the marriage isn't bonafide, and is just an attempt to gain a greencard. So you'll need more proof that your relationship is legit - photos, letters, proof of living together, co-mingling finances, listing eachother as beneficiaries, etc etc etc.

 

As far as the psych exam goes, I have no knowledge of that, but everything related to the medical exam will expire one year after the exam. So if you're having to do it all again you may have to redo the psych exam. If your husband has a history of drug use, violence or self harm, or has been previously treated for psychological problems, this is what the department of state has to say:

• "Applicants treated or hospitalized for psychiatric or mental illness or alcohol or drug abuse must present written certification including the diagnosis, duration of treatment rendered, and prognosis."

Ordinarily, VisaJourney is enough to help people through this process. But somewhere along the line, your case has gotten really messed up. You might want to get a lawyer, or at least consult with one, before you reapply.

Edited March 24, 2017 by nightingalejules
Read more about 214b denial

[Penguin_ie 5,987]

Why did he have the first psych exam, before the interview? Depending on the reason, they may want him to have another to make sure the issue is not a problem for immigration.  Or, they may simply man because a CR-1 usually takes a year or so to get, so if you do need to re-file, the medical will be out of date by the time of the  next interview.

[Wuozopo 4,285]

9 hours ago, JayCin said:

I petitined for my husband for an immigrant visa/ IR1/ greencard, instead the Embassy, or perhaps USCIS, went with a CR1 visa. Well, it was denied under 214(b). I am so confused, frustrated and hurt. On top of that they said he had to get a psychiatric evaluation before he could apply again, but they made him do a psychiatric evaluation before his interview for the CR1 visa at the US Embassy in London. Did that one not count? 

If he had an interview, then it was not USCIS who denied anything. It was the Deptment of State which issues visas and is the parent agency over the embassy/consulate.

 

Are you positive it was 214(b) and is that in writing so you can double check it? According to the Department of State: 

INA Section 214(b) - Visa Qualifications and Immigrant Intent 

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:  .....etc, etc

 

Your husband did not interview in the non-immigrant visa category, which 214(b) supposedly only applies to. 

[JayCin 0]

Thank you all for your input. Yes its says immigrant visa to rejoin spouse in US denied under 214(b). No he has no convictions, his national police certificate says no trace. No drug or alcohol related charges or points on his driving record. Erm, only thing he got upset when uk immigration seperated us at the border and once again when he was denied his reinstatement of his ESTA visa. So thats the only reason why I could think of for the mental evaluation. We provided photos and letters and social media interaction as evidence at he interview but they were not interested in seeing them and they said it was approved just he had to turn in missing paperwork and do another medical exam which he is and we submitted missing paper work but it was still denied. 

[Nutella 20]

 

Thank you all for your input. Yes its says immigrant visa to rejoin spouse in US denied under 214(b). No he has no convictions, his national police certificate says no trace. No drug or alcohol related charges or points on his driving record. Erm, only thing he got upset when uk immigration seperated us at the border and once again when he was denied his reinstatement of his ESTA visa. So thats the only reason why I could think of for the mental evaluation. We provided photos and letters and social media interaction as evidence at he interview but they were not interested in seeing them and they said it was approved just he had to turn in missing paperwork and do another medical exam which he is and we submitted missing paper work but it was still denied. 

I'm so sorry to hear that, Has anything progressed since then? 

[DJ6372 111]

 

 only thing he got upset when uk immigration seperated us at the border and once again when he was denied his reinstatement of his ESTA visa.

Maybe more information on these 2 things may provide hints.

[JayCin 0]

Turns out the immigration is very spiteful. When they do their thing rather you agree or not or if it harming your health and wellbeing you are supose to bend over and take it. If you stand up for yourself the agents can be spiteful and not give you a visa even if you did everything correctly and you qualify and pass everything. 

Thank to the immigrations spiteful dicision, my husbands health went down hill, I was diagnosted with PDS, and our lives were ruined. 

Looks like the mental evaluation they did during the visa process, was lost, or somebody either the psychologist or embassy lied to us. So they want my husband to do another mental evaluation, dispite he already did one and past it. 

At the moment my husband is trying to get his health back up, he has been in and out of the hospital. 

What piss me off more is immigration is doing everyhing to prevent him from staying in the US and going back to England. 

They are very spiteful and they ruined our quality of life. He had a good job lined up, we had a rental property already, our finances were good, and his was healthy before all of this, now he is boarderline to needing a serious operation. Most night he is having asthma attacks because of anxiety and stress. And I developed PDS and have episodes every so often when things or situation reminds me of the spiteful things immigration has done my family and I. 

[Transborderwife 4,666]

 

Turns out the immigration is very spiteful. When they do their thing rather you agree or not or if it harming your health and wellbeing you are supose to bend over and take it. If you stand up for yourself the agents can be spiteful and not give you a visa even if you did everything correctly and you qualify and pass everything. 

Thank to the immigrations spiteful dicision, my husbands health went down hill, I was diagnosted with PDS, and our lives were ruined. 

Looks like the mental evaluation they did during the visa process, was lost, or somebody either the psychologist or embassy lied to us. So they want my husband to do another mental evaluation, dispite he already did one and past it. 

At the moment my husband is trying to get his health back up, he has been in and out of the hospital. 

What piss me off more is immigration is doing everyhing to prevent him from staying in the US and going back to England. 

They are very spiteful and they ruined our quality of life. He had a good job lined up, we had a rental property already, our finances were good, and his was healthy before all of this, now he is boarderline to needing a serious operation. Most night he is having asthma attacks because of anxiety and stress. And I developed PDS and have episodes every so often when things or situation reminds me of the spiteful things immigration has done my family and I. 

When did he do the evaluation?  Over a year ago?

[DJ6372 111]

Why were you split at the border, and why was the esta denied, maybe the reason for esta denial is root to all the other issues? Ranting about USCIS who probably had no input isn't going to get answers.

 

Your explanations/reasons are too brief for the knowledgeable folk on here to help, try and give all the details, or as someone has suggested maybe an immigration lawyer, UK is generally one of the easier countries to get approvals.

[Lemonslice 4,609]

 

Turns out the immigration is very spiteful. When they do their thing rather you agree or not or if it harming your health and wellbeing you are supose to bend over and take it. If you stand up for yourself the agents can be spiteful and not give you a visa even if you did everything correctly and you qualify and pass everything. 

Thank to the immigrations spiteful dicision, my husbands health went down hill, I was diagnosted with PDS, and our lives were ruined. 

Looks like the mental evaluation they did during the visa process, was lost, or somebody either the psychologist or embassy lied to us. So they want my husband to do another mental evaluation, dispite he already did one and past it. 

At the moment my husband is trying to get his health back up, he has been in and out of the hospital. 

What piss me off more is immigration is doing everyhing to prevent him from staying in the US and going back to England. 

They are very spiteful and they ruined our quality of life. He had a good job lined up, we had a rental property already, our finances were good, and his was healthy before all of this, now he is boarderline to needing a serious operation. Most night he is having asthma attacks because of anxiety and stress. And I developed PDS and have episodes every so often when things or situation reminds me of the spiteful things immigration has done my family and I. 

Where is your husband now? Not clear if he is In the US or in England... Could you pleae fill your timeline, it might help us understand your situation.