CR1 Denied and Possible Revocation

[Boiler 43,458]

2 minutes ago, Mr & Mrs said:

Well you dont teach us what indian culture is ,you should be last person to say that .She wasn't a month old baby they left behind .

So traditionally what would a parent want.

[Mr & Mrs 53]

9 minutes ago, WeGuyGal said:

COs in India, and everywhere else, are trained in the local culture. Often, COs learn to speak the local language, many speak hindi, etc in India. My spouse was interviewed in hindi for a CR1 by a gora (white/caucasion) CO. 

 

If you have a straightforward case without flags, CR1 is a slam dunk. Arranged marriage is NOT the issue here; the flags in OP's wife's case are. 

Totally agree with you!!!

[aaron2020 11,651]

1 hour ago, Mr & Mrs said:

That makes no sense even her family applied for her ,you are U.S citizen and you are married to her and she is your spouse .How could even make a difference even if they had applied for her in past, they can't deny on that single reason ,i mean she isnt applying for tourist or study visa .Plus if they should had any doubts they should have put it under A.P and should have asked for more proof to submit to prove marriage was done in good faith but they cant just send for revocation. 

You aren't getting it.

 

1.  Parents recently immigrated to US.  She couldn't come and was left behind by herself in India.

2.  Very quickly, she had an arranged marriage. 

3.  The US Embassy suspects the quick series of events to indicate fraud.

4.  Being a US citizen does not entitled him to a right to force the US Government to give his wife a visa.

5.  The can not deny based on that single reason of her sister filing for her.  They can deny for marriage fraud based on their circumstances.

6.  If they have doubts, they are within their rights to send the case back to USCIS for revocation.  They don't have to put them into AP.

7.  They don't have to ask for more proof.  The burden of proof is on the couple AT THE TIME THEY FILE THE I-129F.

 

 

[Savan 47]

8 minutes ago, Boiler said:

What is the Indian tradition about leaving a single daughter behind?

Im not sure where is this coming from? She had a job, other family memebrs there and a house there she didn't need to be babysitted. I made this thread to ask people who had same situation and what did they do? If you want to be sarcastic and ask nasty questions like this instead of providing solution, think twice. I hope this never happens to you because its devestating to know that you wont see your loved ones for even longer time then expected.

[Cathi 5,610]

1 hour ago, Savan said:

Right, so how do i prove them that the marriage is real?

Wait for the letter of NOIR/NOID and respond with as much evidence that you have of a bonafide marriage.

 

I have a friend whose husband is from Morocco and they were denied both a K-1 and a CR-1. When she got the NOIR in 2008, she sent boxes and boxes of additional evidence. It took fours and a half years but after her husband was granted another interview after the NOIR, he was approved. She did the entire process from filing the K-1 up to and including the NOIR, without an attorney. 

[Mr & Mrs 53]

Just now, Boiler said:

So traditionally what would a parent want.

 

1 minute ago, aaron2020 said:

You aren't getting it.

 

1.  Parents recently immigrated to US.  She couldn't come and was left behind by herself in India.

2.  Very quickly, she had an arranged marriage. 

3.  The US Embassy suspects the quick series of events to indicate fraud.

4.  Being a US citizen does not entitled him to a right to force the US Government to give his wife a visa.

5.  The can not deny based on that single reason of her sister filing for her.  They can deny for marriage fraud based on their circumstances.

6.  If they have doubts, they are within their rights to send the case back to USCIS for revocation.  They don't have to put them into AP.

7.  They don't have to ask for more proof.  The burden of proof is on the couple AT THE TIME THEY FILE THE I-129F.

 

 

No, i totally get it and I am 100% agree with all the point you mentioned and thats what i explained that those series of events have indicated fraud in his case and he should have gave it more time.

[Savan 47]

2 minutes ago, Cathi said:

Wait for the letter of NOIR/NOID and respond with as much evidence that you have of a bonafide marriage.

 

I have a friend whose husband is from Morocco and they were denied both a K-1 and a CR-1. When she got the NOIR in 2008, she sent boxes and boxes of additional evidence. It took fours and a half years but after her husband was granted another interview after the NOIR, he was approved. She did the entire process from filing the K-1 up to and including the NOIR, without an attorney. 

Thank you.

[aaron2020 11,651]

18 minutes ago, Mr & Mrs said:

I was not raising a question ,What i was trying to say is you did a marriage in good faith and i am totally agree with you in indian tradition ,things happened in day or two no doubt but like i said they follow those guidelines like you should have gave it more time between that period after her family applied for her and also before you get married because you and I  know what indian tradition is but they don't .They only work on facts like what they see not what on we believe or what we do. 

The US Embassy in India is fully aware of Indian customs and traditions.  They are also aware of a high level of marital immigration fraud from India.  

 

Gee, faulting people for working based on facts.  The US Embassy should blindly believe you because you know Indian traditions and they don't and furthermore, they should not work based on the facts.  Got it.  Yeah, that's how this all works.  

[SusieQQQ 11,584]

3 hours ago, Savan said:

She wasn't denied any visa.

Yes, she was, it says that clearly in the screenshot you posted.

”Please be advised that, for U.S. immigration law purposes, including ESTA (see ESTA website), this decision constitutes a denial of a visa.”

 

2 hours ago, Apple Bee said:

 

This is what sucks about this forum. People throw stones then try to hide their hands and play innocent. I don't think OP was referring to either of you two, he was referring to that other member with the snarky "A lawyer ain't gonna change a denial into an approval" comment. How is that "helpful"? 

I didn’t post that, but it’s true - yes it could maybe have been said a little kinder, but it’s true. Is it helpful? Maybe, sometimes lawyers over-promise what they can do to get some extra $$$ from a client. So maybe it’s helpfui to OP in case his lawyer is one of those.

 

 

And OP, yes consulates absolutely look at all family members and their history when they examine a new visa application. I’ve seen this happen with my own immediate family.  

 

Not everyone couches advice in the sweetest kindest way possible, but unfortunately that doesn’t make the advice any less relevant. 

 

Plenty of people have brought their arranged-marriage spouses over to the US. The problem you face is that the CO thinks that the main basis for your arrangement was a green card, and therefore by law he had to refuse it. The only way to overcome this is to spend time together, and that involves you traveling to India (or meeting in a 3rd country), because now that she has had a visa refusal and this on her record her chances of a B visa  are zero. Sorry if that’s harsh, but that’s the reality,

Edited March 25, 2019 by SusieQQQ

[Mr & Mrs 53]

6 minutes ago, Boiler said:

So traditionally what would a parent want.

Parent wants to live with their children ,if you remember they also have one other daughter too who live in U.S so they went to her and then probably have come to see their other daughter too.

[aaron2020 11,651]

19 minutes ago, Savan said:

True, I mean im not the only person in india doing arrange marriage so they would have idea by now.

Once again, you are not the only person in India doing an arranged marriage.  They do have an idea by now, you keep thinking wrongly that they don't.

 

How many people in India are quickly in arranged marriages after her entire family immigrated leaving her alone in India?  How many cases of arranged marriages in India involves these facts?   I am going to say the vast majority of arranged marriages in India do not involve these facts.  

[Mr & Mrs 53]

9 minutes ago, aaron2020 said:

The US Embassy in India is fully aware of Indian customs and traditions.  They are also aware of a high level of marital immigration fraud from India.  

 

Gee, faulting people for working based on facts.  The US Embassy should blindly believe you because you know Indian traditions and they don't and furthermore, they should not work based on the facts.  Got it.  Yeah, that's how this all works.  

 

Edited March 25, 2019 by Mr & Mrs

[aaron2020 11,651]

1 minute ago, Mr & Mrs said:

why you are so salty ,Lol here this is what we discussed that they or any other person see what it makes a sense and clearly he didnt follow the guideline and this what i explained to him based on conditions that scenario didnt make sense for them  now what part of this conversation you don't understand. Everyone is here is trying to be an immigration lawyer huh.

If I am coming off salty, it's because of your sense of entitlement.  Only Indians can know their culture and customs.  The US Embassy should just believe us and not work off the facts.  You completely did not read the thread when you started posting.  

 

Yes, I don't understand.  That's why everyone is correcting me.  Oh wait, that's you that everyone is correcting.  

 

We're people with years of immigration experiences.  What's your background?  Don't judge people who know way more than you when you know very little of how this entire process works.  

 

 

[Savan 47]

4 minutes ago, aaron2020 said:

Once again, you are not the only person in India doing an arranged marriage.  They do have an idea by now, you keep thinking wrongly that they don't.

 

How many people in India are quickly in arranged marriages after her entire family immigrated leaving her alone in India?  How many cases of arranged marriages in India involves these facts?   I am going to say the vast majority of arranged marriages in India do not involve these facts.  

Ya, but its not her fault that her parents are in US, Im saying why not judge a relationship based on the proof we provided rather then judging it solely on her parents going to US.

[Cathi 5,610]

53 minutes ago, Mr & Mrs said:

Yes ,that was little fast and after reading this whole thread it seems like you married her soon after she couldn’t come to US with her family .You should have did this marriage in good faith but things like these  raise questions in CO mind and they just take decision on facts what they see and they could be right or wrong .Like your marriage could be totally legitimate but CO don't think this way but still personally they should have put it under investigation like they can use local agencies for further investigations but they do what they have been taught. They just read that book of instructions and work straight out of it so you should have follow their book of guide and even things are legitmate ,then even always try to follow those steps if you know what i mean. 

This makes no sense whatsoever.

 

How would you know whether or not the underlying facts were investigated? Are you privy to information about this man's case that the rest of us aren't? No one knows exactly what the CO, the consulate, USCIS or the State Department investigates or not. Obviously they investigated on some level because they knew of his wife's pending sibling petition.