Spouse visa not granted

[EM_Vandaveer 2,369]

Once a year is not enough IMHO. Assuming it's a trip of a few weeks.

You said you are a naturalized citizen. How did you get your GC?

 

[Cathi 5,610]

Going to visit once a year isn't enough. I visited my husband 4 times in the seven months between the day I filed his petition and the day of his interview, totalling three and a half months time alone(processing times were a lot faster then). And he isn't even from a high fraud country. 

[Ahmed&Freda 628]

7 hours ago, JeanneAdil said:

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

 

 

Because the petition is returned from the consulate it is a NOIR.  A NOID is issued by USCIS during the initial petition stage.  A NOIR is to revoke an already approved petition.  

 

Both come from USCIS and can be overcome with evidence.   An appeal is not needed unless the rebuttal to the NOIR did not suffice and the petition is fully denied.   My rebuttal to our NOIR only took about 10 days to be reviewed and USCIS reaffirmed my petition and forwarded back to the embassy.

 

 

[Ahmed&Freda 628]

OP if you were not present at the interview you need to be sure to get all the information from your husband about his recollection of the interview.   Something must have come up during the interview that would helpful for you to understand why they may have returned the petition.   

 

Several things came up at our interview but only one of them was mentioned int he NOIR the other items in the letter  were not relevant.   We started compiling evidence before we even left Islamabad we even attempted to send some via the inquiry before our petition was returned.   By the time we received the NOIR I had everything I needed including more trips  so it was very simple to have our packet shipped out in plenty of time before the 30 day window they give you to respond.   

 

It is extremely important that you know exactly what happened at the interview so that responding to the letter won't be as exasperating and you will have it sent in a timely matter.  

[JeanneAdil 6,197]

9 hours ago, Ahmed&Freda said:

Because the petition is returned from the consulate it is a NOIR.  A NOID is issued by USCIS during the initial petition stage.  A NOIR is to revoke an already approved petition.  

 

Both come from USCIS and can be overcome with evidence.   An appeal is not needed unless the rebuttal to the NOIR did not suffice and the petition is fully denied.   My rebuttal to our NOIR only took about 10 days to be reviewed and USCIS reaffirmed my petition and forwarded back to the embassy.

 

 

sorry but my notice came with a blue paper and instuctions to do the appeal to the Appeals Court / no other way for me to just send in evidence to an office handling the case

 

[JeanneAdil 6,197]

12 hours ago, EnyoEk said:

6 years? I’m in tears as I read your post, but at the same time I’m confident that we will make it through just like you and your spouse did. 

I’m naturalized American, but my husband and I have the same culture and traditions as we both are born and raised in Togo. We are in our early 30’s and We are working on starting a business over there since it seems like his relocation to the US is taking more time than we expected. Just as you said, we will do everything possible to prove the embassy wrong; meanwhile, I will keep on traveling back there at least once a year to spend time with my husband in order to reinforce our relationship. 

Thank you so much for awakening me with your testimony and information. I appreciate your time ! 

No tears

we went thru the process as immigration wanted us to do to prove our relationship

now married over 9 years

and he will do his oath soon to be a citizen 

we did it

you can too

[EM_Vandaveer 2,369]

Lots of face time is required. In case OP got THEIR GC originally via marriage to a USC they may suspect fraud.

Edited July 16, 2019 by EM_Vandaveer

[Ahmed&Freda 628]

2 hours ago, JeanneAdil said:

sorry but my notice came with a blue paper and instuctions to do the appeal to the Appeals Court / no other way for me to just send in evidence to an office handling the case

 

That would have been your denial.   A NOIR and even a NOID are notices of intent to...no appeal at that stage as the decisions are not yet made.   Only after the decision is complete of the NOIR or NOID would you then receive a denial in which you can appeal.  

[JeanneAdil 6,197]

6 minutes ago, Ahmed&Freda said:

That would have been your denial.   A NOIR and even a NOID are notices of intent to...no appeal at that stage as the decisions are not yet made.   Only after the decision is complete of the NOIR or NOID would you then receive a denial in which you can appeal.  

it clearly said NOID 

[Bengoj 133]

On 7/15/2019 at 3:45 PM, Shawntina Sekyi A said:

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🤞🏾🥰

Omg, I visit my husband in Africa and in Turkey where he has permanent residence. I visit about every 3 months, I pray this doesn’t happen to us.  So, what was the end result?

[Duke & Marie 1,389]

On 7/16/2019 at 10:09 AM, Cathi said:

Going to visit once a year isn't enough. I visited my husband 4 times in the seven months between the day I filed his petition and the day of his interview, totalling three and a half months time alone(processing times were a lot faster then). And he isn't even from a high fraud country. 

Agreed, my husband and I are coming up to our 8th trip... giving us 5 months together since submitting i130 almost 12 months ago...  together time is very important

[R<3S 97]

On 7/15/2019 at 1:22 AM, 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 !

Aww I am sorry this happened to you. It is very hard to deal with. There are others in the same boat, hope that helps. 

 

My husband was also denied a visa and it was a very long journey. I also did not get a reason for why it was denied at the time. I filed a FOIA with a lawyer and it isn't clear but it seems that they suspect fraud in my case also. 

 

Bangladesh is a high fraud country but also when I look back I did have some inconsistencies, or maybe an "abnormal" timeline which were probably red flags to USCIS. Did you have any inconsistencies? Maybe something that seems confusing on paper? Did you use a lawyer?

 

For me, I did not use a lawyer the first time and it was a big mistake. I could not afford one at the time and it cost me so much pain and suffering because I made stupid mistakes. Also since then I have visited my husband many times, whereas I couldn't before due to family obligations. Things like that I could not explain as to why there were gaps.

 

Seems to me like USCIS wants a straightforwards story, you have a ceremony, get married, hopefully your spouse is "of the norm", you have all paperwork...I have seen others with these things who get their visa, some things are overseen but others become red flags to them. And it hurts that you can't do much. But, keep trying. 

 

That's what I keep telling myself, that one day I will be with my husband and we will be together, thats how strong our love for one another is.

 

Hope I helped!