Visa denial help! Wife and son of permanent resident

[Dom T 0]

I am posting this question for a friend of mine because he is not a VJ member and doesn’t understand much English. 

So here is the situation. My friend has been a permanent resident since 2009. He and his wife were born and growing up in the same village in Cambodia. They got married in 2012 and because of his financial situation, he could not start the petition until September 2015. They have a son together, he is now 4 years old.

So the petition went well and got approved by USCIS and NVC. They got scheduled for the visa interview in Cambodia on December 13th. They completed their Medical and vaccinations and attended the interview. 

Before even gotten to the interview, they were told that the petitioner and beneficiary had never executed their marriage. Which means they were never legally married, so they denied their visa because of that reason. 

His wife had explained to them that when they went in to registered their marriage, the certificate was given to them with no further explanation. They live in the rural village of Cambodia, so they did not know that they had to go back for a certified copy of the marriage certificate. She also requested to have the interview conducted and turn in the certified copy later on but they refused. 

The question here is, what are the alternatives to starting the process all over again? They had been waiting for over two years where the son had to live without his dad. Would it make a difference is he hire an immigration attorney?

 

I attached here the letter from the consulate as a reference to the denial. I know we have a lot of members in this group and that we might find a better approach on this matter. Thanks everyone in advance! 

 

Edited January 5, 2018 by Ontarkie
Removed attachment do to personal information.

[pink_niru 41]

1 hour ago, Dom T said:

I am posting this question for a friend of mine because he is not a VJ member and doesn’t understand much English. 

So here is the situation. My friend has been a permanent resident since 2009. He and his wife were born and growing up in the same village in Cambodia. They got married in 2012 and because of his financial situation, he could not start the petition until September 2015. They have a son together, he is now 4 years old.

So the petition went well and got approved by USCIS and NVC. They got scheduled for the visa interview in Cambodia on December 13th. They completed their Medical and vaccinations and attended the interview. 

Before even gotten to the interview, they were told that the petitioner and beneficiary had never executed their marriage. Which means they were never legally married, so they denied their visa because of that reason. 

His wife had explained to them that when they went in to registered their marriage, the certificate was given to them with no further explanation. They live in the rural village of Cambodia, so they did not know that they had to go back for a certified copy of the marriage certificate. She also requested to have the interview conducted and turn in the certified copy later on but they refused. 

The question here is, what are the alternatives to starting the process all over again? They had been waiting for over two years where the son had to live without his dad. Would it make a difference is he hire an immigration attorney?

 

I attached here the letter from the consulate as a reference to the denial. I know we have a lot of members in this group and that we might find a better approach on this matter. Thanks everyone in advance! 

 

I guess you should tell embassy that u r ready for DNA testing 

Edited January 5, 2018 by Ontarkie
Removed attachment do to personal information.

[EandH0904 1,184]

59 minutes ago, pink_niru said:

I guess you should tell embassy that u r ready for DNA testing 

DNA testing wouldn't show they were married at the date they claim to have gotten married on.....

 

[pink_niru 41]

35 minutes ago, EandH0904 said:

DNA testing wouldn't show they were married at the date they claim to have gotten married on.....

 

First I will suggest to blur the name and file number in image ....

 

I am not sure how you can challenge their decision...does you marraige ceti says 2012 date ? Was it official received ?

[CEE53147 559]

On 1/5/2018 at 11:34 AM, Dom T said:

I am posting this question for a friend of mine because he is not a VJ member and doesn’t understand much English. 

So here is the situation. My friend has been a permanent resident since 2009. He and his wife were born and growing up in the same village in Cambodia. They got married in 2012 and because of his financial situation, he could not start the petition until September 2015. They have a son together, he is now 4 years old.

So the petition went well and got approved by USCIS and NVC. They got scheduled for the visa interview in Cambodia on December 13th. They completed their Medical and vaccinations and attended the interview. 

Before even gotten to the interview, they were told that the petitioner and beneficiary had never executed their marriage. Which means they were never legally married, so they denied their visa because of that reason. 

His wife had explained to them that when they went in to registered their marriage, the certificate was given to them with no further explanation. They live in the rural village of Cambodia, so they did not know that they had to go back for a certified copy of the marriage certificate. She also requested to have the interview conducted and turn in the certified copy later on but they refused. 

The question here is, what are the alternatives to starting the process all over again? They had been waiting for over two years where the son had to live without his dad. Would it make a difference is he hire an immigration attorney?

 

I attached here the letter from the consulate as a reference to the denial. I know we have a lot of members in this group and that we might find a better approach on this matter. Thanks everyone in advance! 

 

 

You really should assist your friend in signing up for English lessons.  He should be functional in English after being in the US over 8 years.  I am surprised that he could hold a job giving the income necessary to meet the sponsorship guidelines without  written and spoken English language skills.

 

You can also assist him in locating a social service agency to assist with his immigration problems.

[Boiler 45,656]

Sounds like they need to get married and he can then petition for her. Can petition his son meanwhile subject to the DNA test being OK.

[WandY 430]

3 hours ago, Boiler said:

Sounds like they need to get married and he can then petition for her. Can petition his son meanwhile subject to the DNA test being OK.

Agree with Boiler on this one. And getting some English classes is also good advice. Hard to make arguments with American officials when you don't have a grasp on the language.

[Dom T 0]

Thank you everyone for taking your time to respond to this post. I do agree to the advice for him to take some English classes. He did took some English courses, but he has not mastered enough to explain this matter to where everyone would understand his case. Also, it’s harder to learn when you come here in your 30s and having to work 12hr shifts to maintain your livelihood and support your family overseas. 

As of right now, we are more concerned about his case. The English part was just to explain why I started  this threat for him and was not the main concern. 

We are asking for help here. If anyone has an idea of how we should approach this matter, please post your responses here. We’ll keep checking back for some great advices. Thanks everyone again!  

 

[CEE53147 559]

It is far more sympathetic if he is able to state his own case.