reaffirmed case refused

[user92 1]

unfortunately my reaffirmed case refused by islambad embassy without any interview?

[debbiedoo 2,339]

what sort of evidence did you submit and how long have you known each other/ how many times have you met? Why was it denied the first time?

 

is pakistan on the banned list? (i dont keep up with which countries are)

[user92 1]

its was a divorce certificate in which date of free for marriage was mis write and they refused in first interview and later on we submitted evidence and usics reaffirmed it but islambad embassy refused today without any interview or anything and pakistan is not on ban list

[debbiedoo 2,339]

Just now, Awais._ said:

its was a divorce certificate in which date of free for marriage was mis write and they refused in first interview and later on we submitted evidence and usics reaffirmed it but islambad embassy refused today without any interview or anything and pakistan is not on ban list

so you were issued a 221 G for the corrected divorce certificate. You submitted that within the time frame they provided?

 

How long have you known each other/how many visits/ what kind of relationship evidence did you provide?

[TBoneTX 43,014]

Thread is moved from the Direct Consular Filing forum to the CR-1 Case Progress subforum.

[John & Rose 7,237]

6 hours ago, debbiedoo said:

so you were issued a 221 G for the corrected divorce certificate. You submitted that within the time frame they provided?

 

How long have you known each other/how many visits/ what kind of relationship evidence did you provide?

It sounds like another case over the last couple weeks where the date that the divorce became final was after the petition was filed.  This may have been the wrong date written on the divorce decree but according to the incorrect date they were not legally free to marry when the petition was submitted.  Reaffirmation would not correct the fatal error.  Refiling a new CR-1 now would probably be the only way to actually fix the issue.  

[Ahmed&Freda 628]

5 hours ago, John & Rose said:

It sounds like another case over the last couple weeks where the date that the divorce became final was after the petition was filed.  This may have been the wrong date written on the divorce decree but according to the incorrect date they were not legally free to marry when the petition was submitted.  Reaffirmation would not correct the fatal error.  Refiling a new CR-1 now would probably be the only way to actually fix the issue.  

Actually thats why his case was returned the first time in which they were able to overcome.   

 

He is currently waiting for the second interview and his status changed from returned to NVC to refused and the others in  his case say returned to NVC.  I believe this is normal as my case also changed from returned to NVC to refused when it reached back to the embassy.  The others in his case must not have been updated yet.  I could be wrong but I honestly don't believe they return it without a second interview.

 

I have told him many times to be patient but obviously patience is not his strong suit.

 

[Ann&James 179]

Just now, Awais._ said:

unfortunately my reaffirmed case refused by islambad embassy without any interview?

I think you should listen to @Ahmed&Freda they have a lot of experience with the reaffirmed case process.

[John & Rose 7,237]

1 hour ago, Ahmed&Freda said:

Actually thats why his case was returned the first time in which they were able to overcome.   

 

He is currently waiting for the second interview and his status changed from returned to NVC to refused and the others in  his case say returned to NVC.  I believe this is normal as my case also changed from returned to NVC to refused when it reached back to the embassy.  The others in his case must not have been updated yet.  I could be wrong but I honestly don't believe they return it without a second interview.

 

I have told him many times to be patient but obviously patience is not his strong suit.

 

I assumed that the fundamental flaw was not relieved due to reaffirmation since it is not a new filing. It was reaffirming the fact that the petition was void due to the petitioner not being legally free to marry. I hope this works out for them. 

[geowrian 22,335]

3 hours ago, John & Rose said:

I assumed that the fundamental flaw was not relieved due to reaffirmation since it is not a new filing. It was reaffirming the fact that the petition was void due to the petitioner not being legally free to marry. I hope this works out for them. 

A reaffirmed petition means USCIS reviewed the case again and determined that the petition is valid.

This is typically when the consulate/embassy believes it was improperly approved (not legally married, not a bona fide marriage, etc.) so they send the petition back to USCIS. USCIS then reviews it and either reaffirms or revokes it, or (usually) sends a NOIR.

Once reaffirmed, the petition is sent back to NVC then to the embassy/consulate again. They are not supposed to refuse the visa again for the same reason due to the same evidence (although they can refuse again if there's new evidence to suggest the same reason for ineligibility applies).

 

In this case, it sounds like the case wasn't actually refused again....it's still going through the process.

[user92 1]

1 minute ago, geowrian said:

A reaffirmed petition means USCIS reviewed the case again and determined that the petition is valid.

This is typically when the consulate/embassy believes it was improperly approved (not legally married, not a bona fide marriage, etc.) so they send the petition back to USCIS. USCIS then reviews it and either reaffirms or revokes it, or (usually) sends a NOIR.

Once reaffirmed, the petition is sent back to NVC then to the embassy/consulate again. They are not supposed to refuse the visa again for the same reason due to the same evidence (although they can refuse again if there's new evidence to suggest the same reason for ineligibility applies).

 

In this case, it sounds like the case wasn't actually refused again....it's still going through the process.

thanks all for help 

 

[John & Rose 7,237]

9 hours ago, geowrian said:

A reaffirmed petition means USCIS reviewed the case again and determined that the petition is valid.

This is typically when the consulate/embassy believes it was improperly approved (not legally married, not a bona fide marriage, etc.) so they send the petition back to USCIS. USCIS then reviews it and either reaffirms or revokes it, or (usually) sends a NOIR.

Once reaffirmed, the petition is sent back to NVC then to the embassy/consulate again. They are not supposed to refuse the visa again for the same reason due to the same evidence (although they can refuse again if there's new evidence to suggest the same reason for ineligibility applies).

 

In this case, it sounds like the case wasn't actually refused again....it's still going through the process.

We learn something new everyday. This is really an interesting group of processes.  I hope this all works out for the OP!

[geowrian 22,335]

18 minutes ago, John & Rose said:

We learn something new everyday. This is really an interesting group of processes.  I hope this all works out for the OP!

Yup!

As an FYI, the K-1 process used to be the same, but they stopped reviewing the returned petition several years ago (due to a fraud marker that made it worse if revoked...so it was actually a good thing in most cases as it wasn't faster than filing a new petition).