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EnyoEk

Spouse visa not granted

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Hello guys, 

I got married to my spouse in December 2016 and filed for a CR1 petition. Everything went smoothly and quickly until his visa interview day in February 2018. After replying all the questions, the officer kept all the documentation without the passport. He was given a paper where it said we will be contacted in 30 days. He was called to come in for a second interview and on that same day I was interviewed too on the phone. They contacted other family members for more verification. In September 2018 he was called by the consulate and all his original documents was returned to him. They also told him I will be contacted by the NVC or USCIS. Until now, I did not receive any mail from these offices, I called they NVC and I was informed that our file was returned to them, which they transferred to the USCIS in October 2018. 

Please, have anyone here gone through this kind of scenario? 

What can I do at this point? Would a lawyer help? 

Please I need your advises. 

Thank you all !

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I would ask my Congressperson to intervene to get some information as to why it was denied........Knowing why is step #1.


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Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 hours ago, EnyoEk said:

Hello guys, 

I got married to my spouse in December 2016 and filed for a CR1 petition. Everything went smoothly and quickly until his visa interview day in February 2018. After replying all the questions, the officer kept all the documentation without the passport. He was given a paper where it said we will be contacted in 30 days. He was called to come in for a second interview and on that same day I was interviewed too on the phone. They contacted other family members for more verification. In September 2018 he was called by the consulate and all his original documents was returned to him. They also told him I will be contacted by the NVC or USCIS. Until now, I did not receive any mail from these offices, I called they NVC and I was informed that our file was returned to them, which they transferred to the USCIS in October 2018. 

Please, have anyone here gone through this kind of scenario? 

What can I do at this point? Would a lawyer help? 

Please I need your advises. 

Thank you all !

Some cases take at year or more at USCIS once returned.  Since your case arrived in October they may still be working on it.  You can contact them (USCIS), and ask to speak to a tier 2 officer to attempt to get more information on where they may be with your file.  You can contact your congressman, state representative and ombudsman as well.   An attorney would not be much help at this point.   You will receive  a NOIR from USCIS when they are complete their review.  Depending on what it says that may be time for a lawyer.  Hopefully you and your husband have some idea on why it may have been returned and have already compiled evidence to rebut as USCIS will only give you 30 days to respond to the NOIR with your evidence.

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3 hours ago, Ahmed&Freda said:

Some cases take at year or more at USCIS once returned.  Since your case arrived in October they may still be working on it.  You can contact them (USCIS), and ask to speak to a tier 2 officer to attempt to get more information on where they may be with your file.  You can contact your congressman, state representative and ombudsman as well.   An attorney would not be much help at this point.   You will receive  a NOIR from USCIS when they are complete their review.  Depending on what it says that may be time for a lawyer.  Hopefully you and your husband have some idea on why it may have been returned and have already compiled evidence to rebut as USCIS will only give you 30 days to respond to the NOIR with your evidence.

Thank you for all the information. I just contacted my district congressman, I will file the privacy waiver and they will look into this matter on my behalf. I will you keep you updated. 

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4 hours ago, missileman said:

I would ask my Congressperson to intervene to get some information as to why it was denied........Knowing why is step #1.

I just contact the congressman office in my area. Let’s see what comes out. Thank you. 

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about 6 months after the case reaches the US office,  you will get either a NOID or NOIR
 

A NOID is a letter issued by USCIS when the officer determines that the applicant has not demonstrated eligibility for the requested immigration benefit. ... Your NOID response is likely your last chance to convince the USCIS adjudicator of your eligibility. NOIDs differ from Requests for Evidence (RFEs).

 

For NOID you need to rebute the issues that will be listed and have STRONG evidence showing that the issues are incorrect

you have only 30 days to respond to a NOID

 

Salvaging a visa petition after receiving a Notice of Intent to Revoke (NOIR) is difficult, ... USCIS can issue a NOIR for any type of visa petition: immigrant petitions .... provided to the you in the NOIR, you will have a strong argument on appeal.
appeals can take a year or more /ours was over a year and marriage was declared bona fida and we were told to reapply
 
As for the Congressman ,  he/she can not be much help/  he /she can get only a copy of the correspondence sent to you 
they do not control immigration which works on our fees not under a Federal budget
 
 

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What was the reason for denial?


N-400 APPLICATION    I-130 PETITON- California Service Center (Beneficiary-Me:luv:)   I-130 PETITON- Texas Service Center (Child Beneficiary- which was a then derivative before my husband naturalization)      CR-1 & CR-2 cases

 USCIS PROCESS

Husband mailed N-400 - September 29th, 2017     (DAY 1)

USCIS received N-400 – October 10th, 2017     (DAY 11)

Petition I-130 (F2-A)  for spouse with a derivative child – October 10th, 2017     (DAY 1)

Petition I-130 (F2-A)  returned – October 13th, 2017 (fees were not paid)     (DAY 3)                                                     

Biometrics Appointment Notice- October 13th, 2017     (DAY 13)                                            

Biometrics Appointment – October 31st, 2017     (DAY 18)

USCIS Interview notice – November 29th, 2017     (DAY 47)

Petition I-130 (F2-A)  Resubmitted (with the fees this time) – March 5th, 2018     (DAY 147)

USCIS received I-130 (F2-A)  – March 14th, 2018     (DAY 156)

USCIS Notice of receipt – March 19th, 2018     (DAY 161)

USCIS Interview – December 4th , 2018 (English & Civics test passed)    (DAY 52)

USCIS Oath ceremony notice – December 4th , 2018     (DAY 52)

USCIS Naturalization ceremony/Oath- Husband became a naturalized citizen – December 20th, 2018     (DAY 68)

Update I-130 (CR-1) petition status (via telephone) – December 29th, 2018     (DAY 297)

Update I-130 (CR-1) petition status update (via mail) – January 7th, 2019     (DAY 306)

USCIS petition update notice – January 14th, 2019     (DAY 313)

Petition I-130 (CR-2) for child – February 6th, 2019     (DAY 1)

USCIS received I-130 (CR-2) for child - February 14th, 2019     (DAY 8 )

USCIS Notice of receipt received (via mail) - February 25th, 2019     (DAY 19)

USCIS Notice of receipt of change of address (via mail) – March 2nd, 2019 day     (DAY 359)

Received notice via USCIS account I-130 (CR-1) APPROVED:D – March 25th , 2019     (DAY 382)

Received notice of approval (via mail) I-130 (CR-1) APPROVED - March 30th, 2019     (DAY 387)

Request for petition to be expedited by USCIS (via e-mail) APPROVED:D – April 29th , 2019    (DAY 82) 

Received notice via USCIS account I-130 (CR-2) APPROVED:D - May 13th, 2019     (DAY 96)

Received notice of approval (via mail) I-130 (CR-2) APPROVED - May 16th, 2019      (DAY 99) 

NVC PROCESS

Received notice (via e-mail) of retrieval of I-130 (CR-1) by NVC  (Dept. of State) - May 23rd, 2019     (DAY 440)

Received notice (via email) I-130 (CR-2) sent to NVC (Dept. of State) - May 23rd, 2019     (DAY 106) 

Received notice (via email) of retrieval of I-130 (CR-2) by NVC (Dept. of State) - May 30th, 2019     (DAY 113)  

Received case # (CR-1), paid AOS & IV fees - June 10th, 2019     (DAY 458)     

Fees were all cleared submitted DS-260, financial documents and civil documents (CR-1) - June 12th, 2019      (DAY 460)

Received case # (CR-2) paid IV fee (AOS fee was already paid on CR-1 case) submitted financial documents - June 15th, 2019     (DAY 129)

IV fee cleared submitted DS-260 & civil documents (CR-2) - June 19th, 2019     (DAY 133)

EMBASSY PROCESS

Expedite request for (CR-1) & (CR-2) case APPROVED and sent to embassy :) - June 20th, 2019       (DAY 468)

Receipt of CR-1 case by embassy- June 20th, 2019     (DAY 468)

Receipt of CR-2 case by embassy- June 24th, 2019     (DAY 472)

Received appointment letter from embassy- June 25th, 2019, Interview on July 19th, 2019, Administrative Processing July 22nd, 2019, Issued on July 24th, 2019, Visa received July 26th, 2019

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Greetings,  I see everyone is asking for a reason... sigh this day & age a reason is not needed ... you can be refused on a assumption alone... Anyway I was also in your shoes 2 years ago Our case was sent back in 2016  no reason given orally or written on the 221g form either.I did everything in my power to keep it from going back, I even visited the embassy, reached out to my state representative ( great thing about it ) was we were able to track the case via diplomatic pouch otherwise you guys are have to wait until it’s returned to the usics , they review consular notes.. they will then issues Noird.  Sigh it had taken about two years to find out  why our petition was sent back ...,All because the officer wanted to know how I could a afford a trip to Africa , few other things that my husband answered in both interviews along with  monds of evidence sent to the usics &   nvc again it was all based on Assumptions   hang in there it’s all worth it in the end.... Love Conquers All🤞🏾🥰

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