CR1 Denied and Possible Revocation

[arken 4,197]

4 minutes ago, Savan said:

No, I think they should of atleast not send the file back to USCIS and if they didn't want to believe us or see the proof then they should of done investigation, which i don't mind if they want to do investigation but straight out calling our marriage sham without a single evidence is wrong.

I guess you have your own understanding of how CO should work. You aren’t taking anyone’s free suggestion here seriously but counter-responding them with your own idea of how the  CO was wrong. I think you should definitely hire a paid lawyer. At least you might listen to him since his suggestion are paid services. Good luck, i’m out.

Edited March 25, 2019 by arken

[Savan 47]

5 minutes ago, aaron2020 said:

While arranged marriages are common in India, most people don't have your particular facts.  Most arranged marriages in India don't involve immigrating to the US.  People have been know to arrange fake marriages for their children to immigrate to the US.

 

Your USC sister-in-law filed for her parents as Immediate Relatives.  Derivative beneficiaries are not allowed.  Your wife was never going to immigrate with them.  (CSPA and aging out is not an issue here).  

Shorting after immigrating to the US without their daughter, the US Embassy suspects that they arranged a fake marriage for their daughter to immigrate.  

 

You are connected to her family, you weren't a suiter that she met.  Her family arranged your love affair.  That's suspicious given that it was done shortly after they immigrated and she couldn't.

 

You knew her about a month before going to India.  How long before hand did you buy the tickets?  Did you buy them a week after talking to her and then waited 3 weeks to take your trip?

 

You married her after 2 weeks there.  In 6 weeks between meeting her, you were married in a giant wedding with 1200 people.  How easy is it to arrange a wedding that quick?  Seems like something that would take a few months to arrange.  Seems like the wedding was planned and the only thing missing was a US citizen groom.

 

That's the suspicion.  How was a 1200 guests wedding arranged after you started to talk six weeks prior?  Sound normal to you?

I bought my ticket to india 2 months before I started talking to her. me and my family already planned to go India to me married. We just happen to find someone in my dad's friends group, who then I married. The traditional marraige was done 3 months after my court marraige and the court marriage was done because her parents couldn't get vacation from job so then we got married simple way but then they were allowed vacation so we started preparation for wedding which took 3 months after.

[aaron2020 11,651]

 

4 minutes ago, Savan said:

My sister in law filed for her in 2015 for sibling but that filed never came through, this is 4 years ago and they are connecting that to my case.

An F4 sibling case from India takes about 15 years.  The current PD for F4 India is July 8, 2004.  Your wife would have to wait another 11 years or so to be eligible for a visa under this petition.  

[WeGuyGal 1,052]

15 minutes ago, Savan said:

My sister in law filed for her in 2015 for sibling but that filed never came through, this is 4 years ago and they are connecting that to my case.

Not to your case.

 

CO was adjudicating your wife's case in light of her previous visa denial, her entire family in the US and she being left out, and her relatively quick wedding to a USC. 

Edited March 25, 2019 by WeGuyGal

[aaron2020 11,651]

10 minutes ago, Savan said:

No, I think they should of atleast not send the file back to USCIS and if they didn't want to believe us or see the proof then they should of done investigation, which i don't mind if they want to do investigation but straight out calling our marriage sham without a single evidence is wrong.

The burden of proof is on you to show that you have a bona fide marriage for a US immigration visa.  

 

The US Embassy does not have to investigate to prove that your marriage is fake.  They don't have to bring a single piece of evidence.  They can deny based on suspicious circumstances alone.  They have the right to do this.  

Immigration to the US is a privilege.  It's not a right.  A foreign person does not have a right to immigrate to the US.  You as a the US husband do not have a right to bring your wife to the US.  If you want to be with her, then you can move to India.  No one is stopping your marriage or preventing you from being together.  She just can't come to the US. 

 

That's how the law works.

[WeGuyGal 1,052]

OP- I suggest stepping away a few hours from this thread. Then go through the responses, and see what many members here see (partially from a CO's perspective). 

[aaron2020 11,651]

12 minutes ago, Savan said:

I bought my ticket to india 2 months before I started talking to her. me and my family already planned to go India to me married. We just happen to find someone in my dad's friends group, who then I married. The traditional marraige was done 3 months after my court marraige and the court marriage was done because her parents couldn't get vacation from job so then we got married simple way but then they were allowed vacation so we started preparation for wedding which took 3 months after.

In most arranged marriages, the parents have to at least talk to each other and have an understanding of at least meeting before thousands of dollars are spent for the entire family to fly to India and talk marriage or to marry.

 

Is the US Embassy to believe that your entire family arranged vacations and spent thousands of dollars to go to India in the hope of you getting married without leads?  

You have an uphill battle.  You will need a lawyer if you want to pursue this.  

[Ben&Zian 4,397]

4 minutes ago, WeGuyGal said:

OP- I suggest stepping away a few hours from this thread. Then go through the responses, and see what many members here see (partially from a CO's perspective). 

 

This,. People tend to get riled up at first but after a breather, the answers and suggestions and questions sink in finally and it kind of starts making sense.

 

 

Edited March 25, 2019 by Ben&Zian

[carmel34 3,529]

You want suggestions as to what you can do to move forward.  Here are some ideas.  A CR-1 denial can be appealed, unlike a K-1 denial which cannot.  Your file will go back to USCIS and in a few months you will get a NOIR.  At that point you can submit more evidence of a bona fide marriage, such as more visits to be together, documents showing co-mingling of finances such as a will, health insurance, retirement benefits beneficiary designation, etc.  That will take more time for USCIS to review the additional evidence, maybe months.  If they like what they see, they can send it back to NVC, then to the consulate abroad for another interview, where the visa can be approved or denied again.  If the file is not approved at USCIS when you submit the additional evidence after the NOIR, you can appeal the decision, but that takes more time, a year or more after that.  So even if you are successful in the end, all of that process could take a year, two years, who knows?  This process takes forever even without denials, appeals, file getting sent back to the US, etc.  If your wife really married you for love, and not for immigration benefits to be with her family, then she should be happy if you move to India to be with her, to live with her and make a life there together.  Then after living in India for a few years while the CR-1 process continues, with the appeal and everything, you can either move to the US together later or file for another CR-1.  Many who have gone through a CR-1 appeal after denial and NOIR recommend that it is faster just to file a new CR-1.  If you really love this person and if she married you to be with you and not only to live in the US, if the relationship is genuinely bona fide, she will be happy to be with you and live in India for as long as it takes to eventually get a spousal visa to immigrate to the US.  Good luck.

[Dashinka 23,211]

12 minutes ago, carmel34 said:

You want suggestions as to what you can do to move forward.  Here are some ideas.  A CR-1 denial can be appealed, unlike a K-1 denial which cannot.  Your file will go back to USCIS and in a few months you will get a NOIR.  At that point you can submit more evidence of a bona fide marriage, such as more visits to be together, documents showing co-mingling of finances such as a will, health insurance, retirement benefits beneficiary designation, etc.  That will take more time for USCIS to review the additional evidence, maybe months.  If they like what they see, they can send it back to NVC, then to the consulate abroad for another interview, where the visa can be approved or denied again.  If the file is not approved at USCIS when you submit the additional evidence after the NOIR, you can appeal the decision, but that takes more time, a year or more after that.  So even if you are successful in the end, all of that process could take a year, two years, who knows?  This process takes forever even without denials, appeals, file getting sent back to the US, etc.  If your wife really married you for love, and not for immigration benefits to be with her family, then she should be happy if you move to India to be with her, to live with her and make a life there together.  Then after living in India for a few years while the CR-1 process continues, with the appeal and everything, you can either move to the US together later or file for another CR-1.  Many who have gone through a CR-1 appeal after denial and NOIR recommend that it is faster just to file a new CR-1.  If you really love this person and if she married you to be with you and not only to live in the US, if the relationship is genuinely bona fide, she will be happy to be with you and live in India for as long as it takes to eventually get a spousal visa to immigrate to the US.  Good luck.

This ^^^^

 

With one suggestion, if a second interview is held based on a successful NOIR appeal, the OP may want to consider being there in person.

[Savan 47]

30 minutes ago, WeGuyGal said:

Not to your case.

 

CO was adjudicating your wife's case in light of her previous visa denial, her entire family in the US and she being left out, and her relatively quick wedding to a USC. 

She wasn't denied any visa.

[Liam2021 551]

-"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".

- "Her entire family in the US and she being left out, and her relatively quick wedding to a USC"

Both of these reason give the CO a reason for the denial.

 

Edited March 25, 2019 by H&T

[WeGuyGal 1,052]

4 minutes ago, Savan said:

She wasn't denied any visa.

ok.. bottom line is she couldn't come because she turned 21. She did not get a visa to join her entire immediate family in the US!

 

Let's not get hung up on semantics..

Edited March 25, 2019 by WeGuyGal

[Savan 47]

4 minutes ago, Bill & Katya said:

This ^^^^

 

With one suggestion, if a second interview is held based on a successful NOIR appeal, the OP may want to consider being there in person.

I should of been there at interview but i just visited her 2 months ago so i didn't go. I would love to move to india but Im not financially unstable since I recently graduated and my contract to one of my job just ended. Im looking for 2nd job so i can pay off my student loan, the skills i have is with DoD so i wont be much of use in india and that has no value, so it would be better for me to stay in usa and support her financially while we wait for this process. I also support my parents, since they are old, so i cant leave them here. The only option i see is wait it out and visit her much as possible and support her financially from here.

[Khallaf 646]

1 hour ago, Savan said:

My sister in law filed for her in 2015 for sibling but that filed never came through, this is 4 years ago and they are connecting that to my case.

your option as I have not read through all the posts wait for the USCIS to send out the NOID/NOIR file the appeal and wait it out.

 

it could take 6 months to a year to get back and a letter to be sent to you for the appeal.