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Selorm

Can previous denials affect my CR-1 visa application?

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My husband and I met through a mutual friend who lives in the US 3 years ago(2015). I am 31 and he is 38.I live in Ghana and he lives in the US.I applied for a tourist visa the same year we started talking because up until then we had only spoken on the phone and never met in person.Sadly,i was denied.The consular officer's remarks was that i had been found ineligible for non immigrant visa under section 214b of the US immigration and national act.We went on to build our relationship nonetheless and he visited Ghana the following year (2016). He started working on a fiancee visa when he returned to the US.He came back in 2017 to propose and support me for the K1 visa interview.Sadly,once again i was denied.The consular officer's remarks was" we are unable to issue a visa because applicant is ineligible under section 221(g) of the immigration and national act." We got married in Ghana in August (2018). My husband is applying for spouse visa for me.

 

My question is, can these two denials affect my chance in any way and how do i overcome it? Please advice

 

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No, not really. A lot of people go through denials.

 

Ghana is a tough embassy, realize, just getting married won't guarantee approval for this visa.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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Overcome, the biggest thing we see is lack of face time, lots and lots of time together.


“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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As long as you were honest in the application and interview, it won't impact a CR-1 process.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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 hour ago, Selorm said:

My husband and I met through a mutual friend who lives in the US 3 years ago(2015). I am 31 and he is 38.I live in Ghana and he lives in the US.I applied for a tourist visa the same year we started talking because up until then we had only spoken on the phone and never met in person.Sadly,i was denied.The consular officer's remarks was that i had been found ineligible for non immigrant visa under section 214b of the US immigration and national act.We went on to build our relationship nonetheless and he visited Ghana the following year (2016). He started working on a fiancee visa when he returned to the US.He came back in 2017 to propose and support me for the K1 visa interview.Sadly,once again i was denied.The consular officer's remarks was" we are unable to issue a visa because applicant is ineligible under section 221(g) of the immigration and national act." We got married in Ghana in August (2018). My husband is applying for spouse visa for me.

 

My question is, can these two denials affect my chance in any way and how do i overcome it? Please advice

 

What did the 221(g) actually say?  It shouldn't impact future petitions but the reason for the previous denial was vague.  MANY people survive a denial.  Each petition is its own entity.  As long as everything was honest and accurate you should be fine.  Ghana is a tough embassy.  Just keep faith.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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11 hours ago, Selorm said:

My husband and I met through a mutual friend who lives in the US 3 years ago(2015). I am 31 and he is 38.I live in Ghana and he lives in the US.I applied for a tourist visa the same year we started talking because up until then we had only spoken on the phone and never met in person.Sadly,i was denied.The consular officer's remarks was that i had been found ineligible for non immigrant visa under section 214b of the US immigration and national act.We went on to build our relationship nonetheless and he visited Ghana the following year (2016). He started working on a fiancee visa when he returned to the US.He came back in 2017 to propose and support me for the K1 visa interview.Sadly,once again i was denied.The consular officer's remarks was" we are unable to issue a visa because applicant is ineligible under section 221(g) of the immigration and national act." We got married in Ghana in August (2018). My husband is applying for spouse visa for me.

 

My question is, can these two denials affect my chance in any way and how do i overcome it? Please advice

 

The previous denial shouldn’t impact your next petition. However you need to review what questions were asked during the interview and try to determine why your K1 case was denied. I know the Ghana embassy often doesn’t give the exact reason, but a lot of times you can figure it out based on their line of questioning.

 

Make sure when you apply this time that you frontload with lots of quality evidence. Ghana is incredibly tough and it requires a lot more trips and proof of relationship than many other embassies. You should also plan to submit more evidence at the NVC phase and again at the interview. To give you an idea of what it takes to be successful with this embassy, read my review from my husband’s CR1 interview. I listed every piece of evidence we submitted at each phase.

 

Best of luck! I’ve been in your shoes. I know the pain of being denied and having to start all over.  

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Lots of evidence of time spent together will be one way to overcome the previous denials.  Based on your post, you have only been together three times.  How many days total were you together in Ghana? Based on the toughness of the consulate there, you will likely need weeks or even months of time in each other's company, and multiple visits.  Plus now that you are married, you will need evidence of co-mingling of finances.  There are lots of good suggestions if you read through the threads here on VJ.  Look in particular at Ghana CR1 filers and learn from their experiences and advice.  Plus, do a timeline here on VJ so that people can know more about your specific situation.  Talk to your husband and try to find out what questions were asked in the previous interviews when he was denied.  Good luck!

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Consular Officers make visa decisions.  When they do so, they consider the totality of circumstances.  Previous attempts to secure visas, are part of the totality of circumstances.  So, YES, the denials DO have an impact on the totality of circumstances.  More important than the denials are the actual reasons for the denials.  Being "found ineligible" is not a reason.  I suspect you were found ineligible for the K1 visa because they did not think you provided enough evidence (including answers to interview questions) that your relationship was bona fide.  The fact that you married and spent more time together in person, is going to go on the positive side of the totality of circumstances ledger.  The more time together the better.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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