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What can we Do after being denied?

By ps101 in IR-1 / CR-1 Spouse Visa Process & Procedures

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ps101 Newbie

ps101   0

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
Posted

My wife and I met in 2013 for the first time in person after chatting online since 2009 and on our her first visit we got married, after she went back to the States we filled in 2014 and got denied early 2017... What can we do right now? Your suggestion will be much appreciated, Thank you

RJandHamid Proficient

RJandHamid   1,133

Posted
Filed: Citizen (apr) Country: Morocco
 Timeline
Posted

Did you file a K1 petition or CR1? K1 petitions are only for fiancés, so you cannot be approved for a K1 petition if you are married. 

If you were denied a CR1 visa, you could try to have the petition reaffirmed. You would need to find out the reason for the denial, so that you could correct whatever it is that caused the denial in the first place.

 

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O&GForever Community Regular

O&GForever   387

Posted
Filed: Citizen (apr) Country: Ghana
 Timeline
Posted

I am so sorry you've experienced the heartache of being denied. There are many on the Ghana portal who have faced a similar situation. Unfortunately at this point all you can do is wait to hear back from the USCIS. What happens when a CR1 (spouse) visa is denied several steps occur:

  • The embassy sends it back to the USCIS with recommendations to revoke the petition.
  • After quite a few months...I believe it's about 10-12 months currently...USCIS will treview the COs notes and the evidence presented and decide if the case should be reaffirmed or revoked. 
  • If they reaffirm the case, it will go back to the embassy and you'll be scheduled for another interview. 
  • If they intend to revoke, you will receive an letter with the findings from the CO and have 30 days to respond with evidence to change their mind. If you prove your case well enough, it will be reaffirmed and sent back to the embassy for a second interview. 

For now, continue to collect evidence and build your case. 

 

Other than marrying on the first visit, which is a very big red flag in Ghana, do you have others? For example, big age gap? Is your wife much older than you? How many visit has she made to Ghana? One is not enough to pass this embassy. Different religions? Muliple visa petitions? These are all things that could cause you problems in the visa process and require you to do more to overcome. The Ghana embassy is one of the most difficult embassies in the world and requires a lot more effort, trips and evidence to be successful. 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

The OP is posting in the K1 forum but is speaking as he they are married. If they filed a K1 and are married then they were properly denied.

 

@ps101, we need clarification on what type of visa you applied for and what is your marital status.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

ps101 Newbie

ps101   0

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
  • Author
Posted

Thank you guys for responding to my post, Actually its a CR1 visa and I am married to my spouse, she is in the States now.. we have heard from the USCIS and they sent is a NOIR which the visa has been revoked after we sent the rebuttal.. What can we do next? 

ps101 Newbie

ps101   0

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
  • Author
Posted
On 11/2/2017 at 12:33 PM, RJandHamid said:

Did you file a K1 petition or CR1? K1 petitions are only for fiancés, so you cannot be approved for a K1 petition if you are married. 

If you were denied a CR1 visa, you could try to have the petition reaffirmed. You would need to find out the reason for the denial, so that you could correct whatever it is that caused the denial in the first place.

 

Thank you guys for responding to my post, Actually its a CR1 visa and I am married to my spouse, she is in the States now.. we have heard from the USCIS and they sent is a NOIR which the visa has been revoked after we sent the rebuttal.. What can we do next? 

 
On 11/3/2017 at 9:46 AM, O&GForever said:

I am so sorry you've experienced the heartache of being denied. There are many on the Ghana portal who have faced a similar situation. Unfortunately at this point all you can do is wait to hear back from the USCIS. What happens when a CR1 (spouse) visa is denied several steps occur:

  • The embassy sends it back to the USCIS with recommendations to revoke the petition.
  • After quite a few months...I believe it's about 10-12 months currently...USCIS will treview the COs notes and the evidence presented and decide if the case should be reaffirmed or revoked. 
  • If they reaffirm the case, it will go back to the embassy and you'll be scheduled for another interview. 
  • If they intend to revoke, you will receive an letter with the findings from the CO and have 30 days to respond with evidence to change their mind. If you prove your case well enough, it will be reaffirmed and sent back to the embassy for a second interview. 

For now, continue to collect evidence and build your case. 

 

Other than marrying on the first visit, which is a very big red flag in Ghana, do you have others? For example, big age gap? Is your wife much older than you? How many visit has she made to Ghana? One is not enough to pass this embassy. Different religions? Muliple visa petitions? These are all things that could cause you problems in the visa process and require you to do more to overcome. The Ghana embassy is one of the most difficult embassies in the world and requires a lot more effort, trips and evidence to be successful. 

Thank you guys for responding to my post, Actually its a CR1 visa and I am married to my spouse, she is in the States now.. we have heard from the USCIS and they sent is a NOIR which the visa has been revoked after we sent the rebuttal.. What can we do next? 

 
Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
7 minutes ago, ps101 said:

Thank you guys for responding to my post, Actually its a CR1 visa and I am married to my spouse, she is in the States now.. we have heard from the USCIS and they sent is a NOIR which the visa has been revoked after we sent the rebuttal.. What can we do next? 

 

Thank you guys for responding to my post, Actually its a CR1 visa and I am married to my spouse, she is in the States now.. we have heard from the USCIS and they sent is a NOIR which the visa has been revoked after we sent the rebuttal.. What can we do next? 

 

 

If she's in the US, why are you applying for CR-1?

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You married on the first visit? Any other red flags? How old are each of you? 

 

Have you applied for any visa for the US before? Tourist visa, work visa, study visa...

 

 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

ps101 Newbie

ps101   0

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
  • Author
Posted
1 minute ago, JFH said:

You married on the first visit? Any other red flags? How old are each of you? 

 

Have you applied for any visa for the US before? Tourist visa, work visa, study visa...

 

 

Never applied for any visa before... My wife is 46ys now and 30yrs now

 
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