CR1 Denied and Possible Revocation

[Savan 47]

My wife went to interview today, and they told her this marriage isn't valid and gave her two documents. My wife's sister and parents are in US, the sister got married to us citizen and came to US then invited parents and my wife but she couldn't come because she turned 21. CO asked her about this and said did you parents set you up with marriage so you can go to US, my wife replied No because she loves me and that's why she married me, and we met because I knew her sister's husband family very well. They asked her about album, they asked her about pics of ceremony and what the ceremony was about, then gave her this two documents. Did anyone gone through this if so I need advise, on what to do next, because they are straight out saying they will send this case to USCIS and wants to revoke it.

 

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[Ben&Zian 4,397]

Sounds like they are very suspicious about the marriage. Mean, her sister married a USC, then petitioned her parents it sounds like you're saying... your wife didn't get to go because she either aged out or it would have taken too long... so you were "introduced" through her sister's husband's family basically.. CO seems to probably think it's a bit too convenient. It happens a lot I'm sure.  Since the marriage how much time have you actually spent in person together? Could be another issue they are seeing.

[arken 4,197]

What sort of evidences you had included in your petition and what she brought during the interview? Usually COs would think of the fraud marriage only when the evidences do not add up. In addition, the immigration timeline of the family definitely made your case suspicios to the CO. Repealing the case might take forever with limited success. May be go there spend time together a bit more and repetition.

 

 

[Savan 47]

After marriage I was there for 3 months, then went to US and visited again recently from Dec-Jan.

[Savan 47]

Just now, arken said:

What sort of evidences you had included in your petition and what she brought during the interview? Usually COs would think of the fraud marriage only when the evidences do not add up. In addition, the immigration timeline of the family definitely made your case suspicios to the CO. Repealing the case might take forever with limited success. May be go there spend time together a bit more and repetition.

 

 

She brought pics, prior to marraige, all our marriage pics, honeymoon, me visiting her again pics and tickets, our joint bank account.

[Savan 47]

CO didn't have a single evidence that points out this is fraud marriage, he thinks because her family is here that they did this so she can come here, my wife even told them that's not true. Why would we fake huge wedding, and 1200 guest to wedding and spending total of 4 months together in 1 year, like i said there was no evidence that makes them think its a fraud, they can do all inquiry they want but I got disappointing by seeing the 2nd letter.

[C90 376]

5 minutes ago, Savan said:

After marriage I was there for 3 months, then went to US and visited again recently from Dec-Jan.

How long did you know her? Did you get married after you first met? And if not, how much time did you spend in total together before you got married?

 

It sucks, but I do agree with others that the timeline could raise red flags to the IO. She couldn't come to the US through her sister (or it would've taken 15+ years), and right after she gets married. Not saying your marriage is fake in any way, just looking through the eyes of the IO.

 

Is there any way for you to move to India for now? You could live there for a few years and then petition for an IR1 visa. When they see you've been married an living together for a good amount of time, the red flags will probably go done by a lot.

[arken 4,197]

Agree with above. Did you marry her soon after she couldn’t come to US with her family?

 

Btw, did you not send those evidences to USCIS with i130? They usually don’t give a nice look on the documents brought during the interview if they have already thought of fraud marriage by looking at the paperwork received from USCIS. 

 

At this time, my only suggestion is keep spending time with her more often and petition her again lil bit later so CO would be convinced you two are in real marital relationship. 

[Ben&Zian 4,397]

15 minutes ago, Savan said:

CO didn't have a single evidence that points out this is fraud marriage, he thinks because her family is here that they did this so she can come here, my wife even told them that's not true. Why would we fake huge wedding, and 1200 guest to wedding and spending total of 4 months together in 1 year, like i said there was no evidence that makes them think its a fraud, they can do all inquiry they want but I got disappointing by seeing the 2nd letter.

 

Understand, we here are not insinuating a fraudulent marriage. But as mentioned, look at it how the CO sees it. Seems "convenient"... and you would be amazed what people will do to "fake" something. They have seen it hundreds or times I am more than sure. Even the most extravagant wedding doesn't mean much to them other than the family is willing to spend a lot of money on it. I know it's Indian tradition to have a large wedding celebration, but to the CO that's just money spent. People will pay thousands to a human trafficker to get someone into a country so.. again not comparing those or saying that is the case, but the CO needs concrete proof it's legit not just a fancy wedding party.

 

Others have asked also about the specific time line of your meeting, proposal/marriage... that can also shed light on why the embassy feels this way about your marriage.

[WeGuyGal 1,052]

Well COs don't make things out of the blue. They're also known to do covert investigations and background checks. They must've seen something suspicious to outright deny the visa based on the CO's line of questioning. CR1 returns back to USCIS are rare. 

 

If her initial contacts with you were following her CSPA denial, that could be a flag too. 

[Savan 47]

I was introduced to her and we talk for a month and i visited her and after 2 weeks we got married. In india arrange marriage happens this way, the CO knows it too, the only thing its bothering them is the previous visa that they applied for her.

[Savan 47]

I guess the only option i have is to contact a lawyer.

[Ben&Zian 4,397]

4 minutes ago, Savan said:

I was introduced to her and we talk for a month and i visited her and after 2 weeks we got married. In india arrange marriage happens this way, the CO knows it too, the only thing its bothering them is the previous visa that they applied for her.

 

So within 1 1/2 months you talked, visited, and married? In any country that's a red flag, especially with a previous petition from family and being arranged by the family to marry her.

 

I mean, spend a lot of money now on a quick marriage and get her into the US within 1-2 years, or wait 15+ years through the sibling category...  that's how the CO sees it. 

 

We aren't saying it's a sham marriage, but definitely raises eyebrows.

 

 

And a lawyer has no authority or power over an embassy. So that in a sense is just wasting money.

Edited March 25, 2019 by Ben&Zian

[WeGuyGal 1,052]

A lawyer ain't gonna turn a denial into an approval

[Savan 47]

Just now, Ben&Zian said:

 

So within 1 1/2 months you talked, visited, and married? In any country that's a red flag, especially with a previous petition from family and being arranged by the family to marry her.

 

I mean, spend a lot of money now on a quick marriage and get her into the US within 1-2 years, or wait 15+ years through the sibling category...  that's how the CO sees it. 

 

We aren't saying it's a sham marriage, but definitely raises eyebrows.

In my group there are people who spend less time then that together, this is how arrange marriage is done. The CO has to know this.

1 minute ago, WeGuyGal said:

A lawyer ain't gonna turn a denial into an approval

No, but they can give me options on what to do next. such as filing a caveat. Im feeling little bit of hostility here instead of finding my options guys.