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Reaffirmed I130 petition was denied

By Getach in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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Getach Newbie

Getach   0

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Filed: IR-1/CR-1 Visa (DCF) Country: Ethiopia
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45 minutes ago, f f said:

you are pen pals not married I'm the eyes of uscis. the only way to fix it is to spend more time together. ideally move to live with her until it is approved.

Thank you. Do you suggest reapply after a year living together? Or try to fight it

Boiler Grand Master

Boiler   48,179

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Filed: K-1 Visa Country: Wales
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Posted

Fight it on what basis, you said you have not seen each other for 5 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ebunoluwa Veteran

Ebunoluwa   6,140

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Filed: AOS (apr) Country: Cyprus
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It was very naive of you to think that you would be approved after not being together for 5 years.
They don't care why you couldn't visit. Either you visit or no visa.
You need to spend extensive time together in order to change the outcome.

You can wait for the case to get returned again and wait for USCIS to either deny you outright and file again or send you a NOID/NOIR letter.
You won't overcome the problem of not having been together for so long and will have no evidence to submit for a NOID/NOIR request
unless you spend time together starting as soon as possible while waiting for another reaffirmation process that can take

another 1 1/2 year.

Or you withdraw the petition and live together for a while and then file again. By a while I don't mean a months either but make a live together that

shows co habitation and co mingling.

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.

 

Getach Newbie

Getach   0

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Filed: IR-1/CR-1 Visa (DCF) Country: Ethiopia
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28 minutes ago, Ebunoluwa said:

It was very naive of you to think that you would be approved after not being together for 5 years.
They don't care why you couldn't visit. Either you visit or no visa.
You need to spend extensive time together in order to change the outcome.

You can wait for the case to get returned again and wait for USCIS to either deny you outright and file again or send you a NOID/NOIR letter.
You won't overcome the problem of not having been together for so long and will have no evidence to submit for a NOID/NOIR request
unless you spend time together starting as soon as possible while waiting for another reaffirmation process that can take

another 1 1/2 year.

Or you withdraw the petition and live together for a while and then file again. By a while I don't mean a months either but make a live together that

shows co habitation and co mingling.

Thanks

Crazy Cat Grand Master

Crazy Cat   45,747

Posted
Filed: Citizen (apr) Country: Taiwan
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3 hours ago, Getach said:

Thank you. Do you suggest reapply after a year living together? Or try to fight it

If your case was denied because you haven't been together in 5 years, you will just a lot of time and money trying to fight it.  I see no path for you other than actually living together as a married couple and gathering PLENTY of evidence to prove you have a legitimate marriage.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

  • 2 weeks later...
Bendite Enthusiast

Bendite   26

Posted
Filed: Lift. Cond. (apr) Country: Mexico
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Posted
On 6/2/2017 at 11:36 AM, Getach said:

Huh? I don't understand 

We have to be on Facebook to prove our marriage to USCIS? They need to add hay to the checklist of requirements! That sounds ridiculous! I don't have a Facebook account 

Boiler Grand Master

Boiler   48,179

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
48 minutes ago, Bendite said:

We have to be on Facebook to prove our marriage to USCIS? They need to add hay to the checklist of requirements! That sounds ridiculous! I don't have a Facebook account 

I have a couple but do not use them for personal issues, I also have a Twitter account but have never tweeted. Facebook, Instagram etc etc are not requirements. 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

LionessDeon Experienced

LionessDeon   2,061

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted
2 hours ago, Bendite said:

We have to be on Facebook to prove our marriage to USCIS? They need to add hay to the checklist of requirements! That sounds ridiculous! I don't have a Facebook account 

FB was not this couples problem.  That is an excuse the consulate gave.

 

Boiler Grand Master

Boiler   48,179

Posted
Filed: K-1 Visa Country: Wales
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Posted
5 hours ago, LionessDeon said:

FB was not this couples problem.  That is an excuse the consulate gave.

 

Nobody knowa quite what goes on at an interview, the refused applicant no doubt was not taking notes and in the heat of a denial picks on one thing that stuck.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Bendite Enthusiast

Bendite   26

Posted
Filed: Lift. Cond. (apr) Country: Mexico
 Timeline
Posted
1 hour ago, Boiler said:

Nobody knowa quite what goes on at an interview, the refused applicant no doubt was not taking notes and in the heat of a denial picks on one thing that stuck.

Thank you for saying that you are probably right! I didn't know they looked at people's social media accounts 

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