* Visa Denial (Next Steps?) *

[Life is Life 1]

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 October 1, 2019 by Unlockable
Removed image with sensitive info

[USS_Voyager 1,971]

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. 

[designguy 1,179]

8 minutes ago, USS_Voyager said:

I think the first thing you need to do is to figure out why it was denied by emailing the Embassy.

The letter states not to contact the embassy regarding the case so thats probably a dead end there

[USS_Voyager 1,971]

7 minutes ago, designguy said:

The letter states not to contact the embassy regarding the case so thats probably a dead end there

You can always try. Maybe the email gets to a sympathetic CO? There is nothing to lose by sending an email or two.

[geowrian 22,335]

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.

[carmel34 3,531]

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 September 30, 2019 by carmel34

[Life is Life 1]

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?!!

[geowrian 22,335]

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.

[Life is Life 1]

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.

[Unlockable 7,306]

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

[Villanelle 4,121]

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)

[Illiria 980]

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 September 30, 2019 by Illiria
Clarification

[payxibka 10,044]

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 

[Mollie09 1,543]

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.

[Boiler 43,436]

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