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adil-rafa

refused at embassy level

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this really is for another who is to heartbroken  to post 

This VJ  member had been told approved and given the "welcome to US letter" and has been  in AP  2 months

then the following from embassy email was received

 

thank you for your e-mail inquiry.  Please  note  that this case was refused and the file returned to USCIS for further  review   January 10th 2019.The decision  to send he petition back for additional review was not taken lightly.

I should add the member is from north Morocco and had to fill out the dreaded ds5535

but he works for government of Morocco,  is educated  and teaches English and was not at all worried

 

I know K1 die when returned 

my question is 

What is the difference between refused and denied? 

Is this just the words  used by one singular person?

or is a refusal a serious issue?

Thanks for reading as i have no answer for my friend except marry and do CR1

Edited by adil-rafa

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Real question is, was it 'refused' or 'denied' because of the interview, or lack of evidence of a relationship, or red flags in the case.... or was it late refused during AP because of something they found during possible security/background checks. Those are big things to think about because if it's the latter, don't know what process can  be done to change the evidence they found. Maybe FOIA about it? Don't know if they would get specifics though.

Edited by Ben&Zian

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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Refused and denied refer to the same thing.

They need to find out the reason for the refusal...did something come up in background checks (possible prior marriage or already is married)? Did somebody overrule the CO regarding the bona fide relationship? Did new evidence become discovered?

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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6 minutes ago, adil-rafa said:

 

What is the difference between refused and denied? 

It's the same

6 minutes ago, adil-rafa said:

Is this just the words  used by one singular person?

or is a refusal a serious issue?

Thanks for reading as i have no answer for my friend except marry and do CR1

You must find out why he was refused. It pointless to do anything else until you find the problem and fix it. Some problems are fixable and some aren't. 

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I am sorry to read that a poster was denied......In my mind, this just demonstrates that a visa is not really approved until it is issued.  I hope the poster determines the reason for denial and can overcome this terrible turn of events.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

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  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
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3 minutes ago, Ben&Zian said:

Real question is, was it 'refused' or 'denied' because of the interview, or lack of evidence of a relationship, or red flags in the case.... or was it late refused during AP because of something they found during possible security/background checks. Those are big things to think about because if it's the latter, don't know what process can  be done to change the evidence they found. Maybe FOIA about it? Don't know if they would get specifics though.

what i  wrote is all they know

There is an  age difference but not as big as ours 

Can't believe someone working  in a school to teach English and paid by the government has security issues

i had told him earlier that all living in Fes and north seem to be getting these requests to do ds5535 and i thought the security checks are done back  here by Homeland security  so i was not surprised by the case being returned 

but the word refused was new even for Casablanca

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You have to find out the reason for this refusal.

Most likely background check may have given some info that could have influenced decision.

As for the teacher’s fate, I am also a state school teacher who got married to an American but this means nothing to immigration.

I received the same scrutiny as any other profession.

Just try to find out the reason for the refusal.

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The precise word does not matter that action does.


“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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Sounds like the advice you give in all cases where one is from Morocco--marry and file CR-1 as most K-1s are denied in Morocco.  If your friend is confident that there are no issues that may have come up in a thorough background check, review of social media, etc., or any issue of inadmissability like criminal background or prior marriage not resolved, prior visa fraud on record, and so on, CR-1 should work for them as it has for others from the same country.  What were the circumstances of their relationship?  Number of visits to spend time face to face?  Any issues related to the petitioner?

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thank you to all for answers as if refused and denied are the same 'that is all i needed

i was afraid refused was stronger issue

 

as those of us going thru Casablanca will say over and over

when K1 is denied ,the CO  just says visa denied

you can ask why and they hand out the white 221g paper which says not eligible at this time

they do not give a reason

 

and i asked USCIS in 2007 with a letter to tell me why/no answer

so we are at a loss there

all we know for the northern areas of morocco is the ds 5535 is given and it takes a year for homeland security to investigate 

this is because of the big terrorists groups arrested in Fes and the north

Edited by adil-rafa

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5 hours ago, carmel34 said:

Sounds like the advice you give in all cases where one is from Morocco--marry and file CR-1 as most K-1s are denied in Morocco.  If your friend is confident that there are no issues that may have come up in a thorough background check, review of social media, etc., or any issue of inadmissability like criminal background or prior marriage not resolved, prior visa fraud on record, and so on, CR-1 should work for them as it has for others from the same country.  What were the circumstances of their relationship?  Number of visits to spend time face to face?  Any issues related to the petitioner?

that is what surprises me about morocco

this person is squecky clean   

age difference but neither has been married

clean background

and doesn't  even use facebook 

several  visits

seems it is just the area the moroccan is from

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First time I have seen a refusal under DS 5535, I am going to assume something came up. What is impossible to say.


“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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If you do ever hear back with more info on the reason why (FOIA request may be needed), please update the thread.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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9 hours ago, adil-rafa said:

this really is for another who is to heartbroken  to post 

This VJ  member had been told approved and given the "welcome to US letter" and has been  in AP  2 months

then the following from embassy email was received

 

thank you for your e-mail inquiry.  Please  note  that this case was refused and the file returned to USCIS for further  review   January 10th 2019.The decision  to send he petition back for additional review was not taken lightly.

I should add the member is from north Morocco and had to fill out the dreaded ds5535

but he works for government of Morocco,  is educated  and teaches English and was not at all worried

 

I know K1 die when returned 

my question is 

What is the difference between refused and denied? 

Is this just the words  used by one singular person?

or is a refusal a serious issue?

Thanks for reading as i have no answer for my friend except marry and do CR1

What is a Ds5535?

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