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peter219

The Beneficiary Failed visa case 2 times Last 10 years Ago

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Hi all,

Any body have  story like me and give me some advise.

I applied F2A Immigration case for my wife and two kid from  2015 and got the priority date at 12 Feb 2016. My case just completed  a couple weeks ago  at 9 May 2018 and i was waiting for the interview letter. But I so worry about the interview date because my  wife has two times failed to applied the immigration visa  last 10 years ago. First time with the Fiance(e) immigration case at 2002 and the second time with F2B immigration case at 2006 (because she has failed the first time). I really worry if we can pass the interview in next several month. 

 

 

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Why exactly was she refused the visas in the past?

 

Refusal for another spousal/fiance visa is a bit of a red flag. Refusal of the F2B jumps out as potentially a bigger issue...the main requirements for that are basic legal documents establishing the relationship between petitioner and beneficiary. It's unusual to be refused if you provide all the necessary paperwork unless she is inadmissible for some reason (i.e. misrepresentation on her prior visa application?).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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There is one couple had to apply F2A 2 times. In the first time, they failed. They applied again, this time, they had 2 kids and they finally passed last year. It is up to your wife to provide the Consular Officer all the evidences they need, not only pics, chat history, call logs, list of friends...  so they can trust your marriage. Your wife should prepare some questions will be asked such as last questions in the previous interviews.

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Exactly at 2002  after the interview she got the green ship, blue ship, and then the petition didn't want to continue to keep in touch with her, so along time ago and now she don't remember what happen at that time.   will we should prepare  for the third interview?, will the red flag with her will be expired after  10 or 12 years?

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A red flag is only something they look out for...it never expires or goes away. It is overcome with relationship evidence, so be sure to present a strong case of a bona fide relationship.

 

What happened exactly with the F2B visa in 2006? Why was that visa refused?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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7 minutes ago, Triple28 said:

There is one couple had to apply F2A 2 times. In the first time, they failed. They applied again, this time, they had 2 kids and they finally passed last year. It is up to your wife to provide the Consular Officer all the evidences they need, not only pics, chat history, call logs, list of friends...  so they can trust your marriage. Your wife should prepare some questions will be asked such as last questions in the previous interviews.

Thank you so much, you give me more energy to fighting.

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3 minutes ago, geowrian said:

A red flag is only something they look out for...it never expires or goes away. It is overcome with relationship evidence, so be sure to present a strong case of a bona fide relationship.

 

What happened exactly with the F2B visa in 2006? Why was that visa refused?

Her dad filed I-130 at 2002 for her after she was denied by the Finance(e)  immigration case. And she got the interview at 2006 then she was denied again, she told me  the embassy gave her the white sheet and explained to her she failed because the first immigration case. After that she didn't contact to the USCIS or US Embassy anymore.

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1 minute ago, peter219 said:

Her dad filed I-130 at 2002 for her after she was denied by the Finance(e)  immigration case. And she got the interview at 2006 then she was denied again, she told me  the embassy gave her the white sheet and explained to her she failed because the first immigration case. After that she didn't contact to the USCIS or US Embassy anymore.

Hmm...I think researching the exact reason for refusal would be helpful here, including what was on that white sheet. A past visa refusal is not a reason in itself for another refusal...unless that past case resulted in her being inadmissible. An I-601 hardship waiver may be necessary after the interview, if so.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, geowrian said:

Hmm...I think researching the exact reason for refusal would be helpful here, including what was on that white sheet. A past visa refusal is not a reason in itself for another refusal...unless that past case resulted in her being inadmissible. An I-601 hardship waiver may be necessary after the interview, if so.

i'm still waiting for the interview, i will try calling them next week to request the interview because my priority date is current and  i  will be back  to my country with her at the interview, maybe it getting better  right?. In the unlucky case we need to provide the I-601, you now how long dose it take after the interview?. Thanks.

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1 minute ago, peter219 said:

i'm still waiting for the interview, i will try calling them next week to request the interview because my priority date is current and  i  will be back  to my country with her at the interview, maybe it getting better  right?. In the unlucky case we need to provide the I-601, you now how long dose it take after the interview?. Thanks.

An I-601 (if one is needed...there's not not information provided to tell why she was refused in the past) is submitted after she is otherwise eligible for the visa. She would be given a piece of paper stating that she is eligible to apply for the waiver.

It is currently taking ~12 months or so for processing of an I-601 waiver. A well-prepared waiver goes a long way, so that's where an attorney may be helpful.

 

Please keep the thread updated, and good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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2 minutes ago, geowrian said:

An I-601 (if one is needed...there's not not information provided to tell why she was refused in the past) is submitted after she is otherwise eligible for the visa. She would be given a piece of paper stating that she is eligible to apply for the waiver.

It is currently taking ~12 months or so for processing of an I-601 waiver. A well-prepared waiver goes a long way, so that's where an attorney may be helpful.

 

Please keep the thread updated, and good luck.

Thanks for your information and your advise.

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Filed: K-1 Visa Country: Wales
Timeline

F2B would be the odd one, I am sure she knows why.

“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.”

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Filed: AOS (pnd) Country: Canada
Timeline
22 hours ago, peter219 said:

i'm still waiting for the interview, i will try calling them next week to request the interview because my priority date is current and  i  will be back  to my country with her at the interview, maybe it getting better  right?. In the unlucky case we need to provide the I-601, you now how long dose it take after the interview?. Thanks.

You seem to be going into this very serious, torturous process with not enough information on her immigration background and seemingly very little interest in finding out more. That's a problem. She should be prepared to explain what happened in 2002. You need to know exactly why she was denied in 2006 and if that is going to have an effect on this application. If so, you need to know what a I-601 waiver is, when to submit it, and how to make it as well-prepared as possible. Otherwise your wife risks a third denial. 

Edited by Teemo
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  • 4 months later...

Hi all!

I just want let you know that my wife's visa has been approved and she came the US 10 days ago. Thanks for any advise and suggest.

 

Just now, peter219 said:

Hi all!

I just want let you know that my wife's visa has been approved and she came the US 10 days ago. Thanks for any advise and suggest.

 

 

 

 

On May 28, 2018 at 1:14 AM, peter219 said:

Thanks for your information and your advise.

 

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Just now, peter219 said:

Hi all!

I just want let you know that my wife's visa has been approved and she came the US 10 days ago. Thanks for any advise and suggest.

 

 

 

 

 

Congratulations and good luck with the rest of your journey. 

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