I130 Denial

[LadeanB 18]

My husband of almost 2 years was denied his I130 Visa after his interview but wasn't given a reason why, and was told his case was being sent back to USCIS. I've since been back to Ghana to be with my husband and visited the embassy and was told they didn't have any information for me. This is so frustrating being without my husband. Can anyone give me some hope that he will eventually get his visa approved? All my family (Elderly father and children live in the US) so I need to be here but my heart is with the man I love in Ghana. My heart is hurting and I need some answers.

Edited April 18, 2017 by LadeanB

[Ben&Zian 4,398]

5 minutes ago, LadeanB said:

My husband of almost 2 years was denied his I130 Visa after his interview but wasn't given a reason why, and was told his case was being sent back to USCIS. I've since been back to Ghana to be with my husband and visited the embassy and was told they didn't have any information for me. This is so frustrating being without my husband. Can anyone give me some hope that he will eventually get his visa approved? All my family (Elderly father and children live in the US) so I need to be here but my heart is with the man I love in Ghana. My heart is hurting and I need some answers.

 

Ghana is a tough embassy regardless of time married. Without a specific reason as to why you had been denied it's hard to say except for that they clearly didn't feel it was a legitimate marriage. Ghana is definately one embassy you need to heavily front load your petition for and take in lots of extra evidence at the interview. Perhaps they felt they should see more, or there was a couple odd questions during the interview?

[LadeanB 18]

I've heard it is tough...He has so much evidence, photos of us, texts, phone records, etc. I've since been back there and we also now have letters from his family and my family supporting our marriage. They did ask him what we could have in common since I was white and he was black and their is 14 years age difference? He said we love each other. I guess that answer wasn't good enough. 

I am so happy you have your love with you. No one should have to go through this, it's so long, hard and painful.

[Ben&Zian 4,398]

5 minutes ago, LadeanB said:

I've heard it is tough...He has so much evidence, photos of us, texts, phone records, etc. I've since been back there and we also now have letters from his family and my family supporting our marriage. They did ask him what we could have in common since I was white and he was black and their is 14 years age difference? He said we love each other. I guess that answer wasn't good enough. 

I am so happy you have your love with you. No one should have to go through this, it's so long, hard and painful.

 

The age gap, assuming he is younger, is definately a red flag for the embassy in Ghana. 

 

Over 2-3 years how many trips have been made, for how long each time? These are also things they take into account.

[LadeanB 18]

I've been 3 times, each time about 3 weeks. I only get 3 weeks vacation a year, so I go once a year. An yes I'm sure the age difference was the reason, although had it been him 14 yrs older they wouldn't bat a eye. 

 

[Ben&Zian 4,398]

6 minutes ago, LadeanB said:

I've been 3 times, each time about 3 weeks. I only get 3 weeks vacation a year, so I go once a year. An yes I'm sure the age difference was the reason, although had it been him 14 yrs older they wouldn't bat a eye. 

 

 

That is possibly true. In Ghana, and several other countries, it can send off alarms to the CO especially if he made that type of a comment during the interview. Most likely doesn't believe in the marriage as legit.

 

CO's are trained to listen to the way things are answered and body language of the person, perhaps while your husband overall thought it went well he did not realize he was nervous or speaking oddly to the answers? 

[LadeanB 18]

That is very possible...I can understand them because careful, but we aren't giving up no matter how long it takes, even if it means me moving to Ghana.

[O&GForever 387]

I am so sorry to hear about your denial. My husband and my K1 were denied the first time around. We got married, applied for the CR1, and succeeded. I share this to give you some hope that it is possible to get through the Ghana embassy after a denial. It's just going to take some time and probably more trips to Ghana on your part. 

 

I hope you don't mind me asking a couple of questions.

• What other questions did they ask your hubby?
• Did you and your husband go over questions before the interview to practice? They are very tough during the interviews. If they suspect one wrong answer, they often deny....even if they answer is true.  
• Did you marry on your first trip? If so, this is another red flag in Ghana. 
• Did you submit evidence ahead of the interview or take most of it to the interview? With this embassy the COs tend to make up their mind ahead of time. I've noticed if they plan to approve the visa, they are a little easier on the questioning. If they planned to deny, it doesn't matter what your answers are.

I am going to guess the age gap is part of the reason since it goes against the cultural norm in Ghana. You have multiple trips, which is good, but if you only had two before and during the visa process that could be seen as an issue as well. Time together is gold for this embassy and the best evidence you can submit.

 

The first thing you need to do is contact your local Senator or Congressman. Ask them to contact the Ghana embassy on your behalf and try to find out why you were denied. If you can find out the reason, that will help you figure out how to proceed. We did this after our K1 was denied and it gave us a clear direction moving forward. From my understanding, most of the time the COs reasoning is false, but you will have time to respond during the appeal process. Expect about 12-18 months to find out if the USCIS will revoke or reinstate your case. 

 

There are many people on the Ghana portal who have also had their spouse visa's denied. You should check out this feed. It will give you some insight into what others in your situation are doing and hopefully help you connect with others in your situation.  

 

Again I am so sorry. I know the pain of being told no and being separated from your loved one. 

[LadeanB 18]

They didn't ask him a lot of questions, it was as though they had decided before he even got there. They said you are 14 years apart in age what can you have in common? He said "Love" we love each other. They asked him my parents names and he knew the names...He says they didn't even ask to see the documentation they told him to bring. He was there 5 min, when he was given a white paper stating they couldn't issue him a visa and his case would be sent back to USCIS for review. No we were married on my second trip to Ghana, and I went back for a 3 week visit this past Oct. I will of coarse go again late Summer if we don't hear something soon.

[O&GForever 387]

49 minutes ago, LadeanB said:

They didn't ask him a lot of questions, it was as though they had decided before he even got there. They said you are 14 years apart in age what can you have in common? He said "Love" we love each other. They asked him my parents names and he knew the names...He says they didn't even ask to see the documentation they told him to bring. He was there 5 min, when he was given a white paper stating they couldn't issue him a visa and his case would be sent back to USCIS for review. No we were married on my second trip to Ghana, and I went back for a 3 week visit this past Oct. I will of coarse go again late Summer if we don't hear something soon.

Yeah, unfortunately they do that. My guess if your husband's answer of "love" wasn't enough for them. They were probably looking for him to expand on things like hobbies, family, etc. I will say the COs do look at the paperwork in the back. It just doesn't look like it since its before the interview. My husband's questions came directly from evidence submitted that day. But sadly in your case they made up their mind before your hubby came to the window. 

 

It's good that you're going back again. Keep collecting that evidence and do everything you can to overcome their concerns. And hang in there...you can overcome this. 

[LadeanB 18]

They didn't ask him a lot of questions, it was as though they had decided before he even got there. They said you are 14 years apart in age what can you have in common? He said "Love" we love each other. They asked him my parents names and he knew the names...He says they didn't even ask to see the documentation they told him to bring. He was there 5 min, when he was given a white paper stating they couldn't issue him a visa and his case would be sent back to USCIS for review. No we were married on my second trip to Ghana, and I went back for a 3 week visit this past Oct. I will of coarse go again late Summer if we don't hear something soon.

[LadeanB 18]

I was hoping my next trip out there would be to fly over and fly back with him. I want to be with him when he steps foot onto US soil. 

[Scandi 4,171]

Yeah anyone can answer "love" to that question, even people who have never been in contact with each other. It proves nothing. If he instead had talked about humor, movie or music  taste, religion, food, hobbies or whatever.. then that would have sounded more like you actually know each other and know about each other's interests and taste.

[LadeanB 18]

What we were confused about was, when they gave him his white paper that said due to a 221g your I129 fiancee visa wasn't approved and it would expire before it got back to USCIS....We filed an I130 NOT I129, we are married. SO it seems the embassy messed up with that. And yes I told my husband he should have said more not just that we love each other. He said he also said he love the same music, and have a strong love for God, and love for doing humanitarian service. But in any case whatever he said obviously wasn't good enough. 

[Stevephoto 230]

1) Contact your Congressperson/Senator.  Not sure what if anything they can do, but cannot hurt.

2) Plan to be there at the next interview

3) Good luck