Jump to content
Travel is life

* Visa Denial (Next Steps?) *

61 posts in this topic

Recommended Posts

Hello, everyone. My wife’s visa was denied. Just to give you a timeline, we got married in November of 2017 and our marriage is totally legitimate; we started the Spouse Visa process in January of 2018 (sent out the I-130); my wife had her interview at the US Embassy in Ghana in March of 2019; and she wasn’t approved or denied that day, but was given a 221g and told to find a joint sponsor and get a China Police Clearance (since she used to live in China). It took us from March of 2019 to August of 2019 to get a joint sponsor and get the China Police Clearance. So by the end of August, 2019, my wife submitted the Affidavit of Support and the China Police Clearance to the Embassy... and today, on September 30th, 2019, we got this denial letter (attached). We gave the US Embassy everything they asked for and still got denied... the consular officer even told my wife at her interview, in March, that he’d approve the visa if she got the documents he requested (which we did), and it still wasn’t approved. What next steps can we take now??????? I am really hating life now... I spent a total of over $2000, my wife and me spent 21 months waiting, and my wife and me spent hundreds of hours preparing for this visa... just to get this terrible surprise today. Thanks!

 

Edited by Unlockable
Removed image with sensitive info

Share this post


Link to post
Share on other sites

I think the first thing you need to do is to figure out why it was denied by emailing the Embassy. What will happen is the petition will be returned to USCIS, USCIS will issue a Notice of intent to revoke, which you have 30 days to answer. You must answer that notice. If they agree with you, they will reaffirm and send it back to the Embassy once more. Unfortunately, this all gonna take some times. Knowing why though, will give you time to formulate a response. 

Share this post


Link to post
Share on other sites

If the case can be caught before they send it back to NVC, there is a chance that it could be reviewed. Slim, but not 0%. Once it is sent back to the NVC, you have to wait for the full NVc -> USCIS -> reaffirmed (with our without a NOIR -> response step) -> sent to NVC -> sent to consulate -> new interview, medical, etc. process.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

From the letter, all you can do right now is wait for the notice from USCIS, it will tell you what documents to submit.  That could take up to 6 months.  In the meantime, I would suggest more visits to be together in person, as many as you can make in the next few months, save all the evidence of those visits including passport stamps, boarding passes, hotel receipts.  Co-mingle finances more, prepare those documents, file 2019 income taxes as married filing jointly in January/February, and make sure your income is as high as possible, maybe find a second job to increase income for 2019 and to prepare another I-864 that shows higher current income.  Also look for another joint sponsor as that could have been a reason for the denial.  The good news is that you will have another chance to overcome the denial in a few months.  It's best to prepare more evidence now of a bona fide relationship and also sufficient financial support so that you can submit all of it to USCIS when they receive your file.  And have a backup plan to live together in Ghana if that becomes necessary.  Good luck!

Edited by carmel34

Share this post


Link to post
Share on other sites
5 hours ago, carmel34 said:

From the letter, all you can do right now is wait for the notice from USCIS, it will tell you what documents to submit.  That could take up to 6 months.  In the meantime, I would suggest more visits to be together in person, as many as you can make in the next few months, save all the evidence of those visits including passport stamps, boarding passes, hotel receipts.  Co-mingle finances more, prepare those documents, file 2019 income taxes as married filing jointly in January/February, and make sure your income is as high as possible, maybe find a second job to increase income for 2019 and to prepare another I-864 that shows higher current income.  Also look for another joint sponsor as that could have been a reason for the denial.  The good news is that you will have another chance to overcome the denial in a few months.  It's best to prepare more evidence now of a bona fide relationship and also sufficient financial support so that you can submit all of it to USCIS when they receive your file.  And have a backup plan to live together in Ghana if that becomes necessary.  Good luck!

This is all great information, and thanks for all the suggestions... but one thing you can’t do is file taxes jointly when my spouse is in Ghana. It won’t let you do that!

7 hours ago, geowrian said:

If the case can be caught before they send it back to NVC, there is a chance that it could be reviewed. Slim, but not 0%. Once it is sent back to the NVC, you have to wait for the full NVc -> USCIS -> reaffirmed (with our without a NOIR -> response step) -> sent to NVC -> sent to consulate -> new interview, medical, etc. process.

Thanks for the information, but how do I ‘catch’ the case before it goes back to NVC?!!

Share this post


Link to post
Share on other sites
3 minutes ago, Travel is life said:

This is all great information, and thanks for all the suggestions... but one thing you can’t do is file taxes jointly when my spouse is in Ghana. It won’t let you do that!

Thanks for the information, but how do I ‘catch’ the case before it goes back to NVC?!!

Contact the consulate. Contact a state senator as well to inquire on the petitioner's behalf.

To file taxes jointly, you can get an ITIN.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
5 minutes ago, geowrian said:

Contact the consulate. Contact a state senator as well to inquire on the petitioner's behalf.

To file taxes jointly, you can get an ITIN.

The letter that they gave my wife, the 221(g), says not to contact this Embassy about this case, though (the US Embassy in Ghana). My wife isn’t in the US, and never has been, so I don’t see how it’s possible to file taxes jointly.

Share this post


Link to post
Share on other sites

She doesn't have to be in the US for you to file taxes as married.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

We understand it says to not contact the Embassy. However if you want to try to "catch it" before they send it back to USCIS you HAVE to contact the Embassy. Sometimes people contact them and are able to set up a second interview to address the issues, other times they are told its too late and nothing can be done because its on its way back to USCIS.

 

Look into how to get an ITIN (its a tax ID number for those with out SSN to file taxes with)

Share this post


Link to post
Share on other sites

How have you been filing taxes? Married filing jointly, married filing separately, or as single?

 

Did you include tax transcripts with your affidavit of support?

Edited by Illiria
Clarification

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

Share this post


Link to post
Share on other sites
42 minutes ago, Travel is life said:

The letter that they gave my wife, the 221(g), says not to contact this Embassy about this case, though (the US Embassy in Ghana). My wife isn’t in the US, and never has been, so I don’t see how it’s possible to file taxes jointly.

Just because you don't see how doesn't mean it's not possible.   Read the IRS rules and you will see how 


YMMV

Share this post


Link to post
Share on other sites
2 hours ago, Travel is life said:

The letter that they gave my wife, the 221(g), says not to contact this Embassy about this case, though (the US Embassy in Ghana). My wife isn’t in the US, and never has been, so I don’t see how it’s possible to file taxes jointly.

She doesn't have to be in the US to file joint taxes.

As a matter of fact, as a married person, you need to file taxes as Married.

Share this post


Link to post
Share on other sites

Certainly sounds like something that came out of the Police Report but difficult to be certain.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...