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* Visa Denial (Next Steps?) *

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On 9/30/2019 at 11:02 AM, USS_Voyager said:

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. 

If I contact the Embassy when it said not to, don’t you think I would run the risk of getting a more permanent denial, without the chance to overcome my denial (and have to start the process all over again)?!?


 

 
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On 9/30/2019 at 11:11 AM, designguy said:

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

If I decide to email the Embassy when it said not to, don’t you think I could run the risk of making them mad and getting a permanent denial (and have to start the process all over again)?!?


 

 
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On 9/30/2019 at 11:20 AM, USS_Voyager said:

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

If I email the Embassy when it says not to, don’t you think I run the risk of making them angry and getting a permanent denial (and have to start the process all over again)?


 

 
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On 9/30/2019 at 11:23 AM, 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.

If I send an email to the Embassy when it says not to, don’t you think I Can risk making them mad and getting a permanent denial (and have to start the process again from scratch)?!?


 

 
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10 minutes ago, LilyJ said:

Baby and childhood pictures of yourself do not add anything to the case. All it is is your personal childhood pictures. I fail to see how that would add anything to proving the validity of your marriage. Your medical records are also never required in the process nor do they prove any marriage validity either

Chats aren’t required either, but people bring them... same thing with copies of airline tickets, etc.

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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
3 minutes ago, Travel is life said:

Chats aren’t required either, but people bring them... same thing with copies of airline tickets, etc.

Chats and airline tickets have to do with showing evidence of a genuine relationship between the petitioner and beneficiary. Your childhood pictures and your personal medical records don’t have anything to do with showing evidence of your relationship between yourself and your wife

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Just now, LilyJ said:

Chats and airline tickets have to do with showing evidence of a genuine relationship between the petitioner and beneficiary. Your childhood pictures and your personal medical records don’t have anything to do with showing evidence of your relationship between yourself and your wife

I agree to disagree on that one, because I do think childhood pictures and medical records can make good add-ons to evidence that you say does prove a bona fide Marriage (such as airline tickets, chats, etc.)... no harm in also bringing a couple childhood pictures of your spouse and medical records (if you can explain about them and what they mean, etc.), on top of other bona fide evidence!

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It shouldn't make them mad, and it won't change the end result negatively for inquiring about the case. Contacting them too often is not a reason for refusal. They also have no say if the petition is reaffirmed or not - only USCIS can adjudicate that.

 

I concur that childhood photos have no relevance in the case whatsoever. (Some) Medical records would only be relevant if there was something like a severe condition and the partner was there with them through it (of which the latter is really the basis, not the medical records).

Focus on quality > quantity.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

 

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
10 hours ago, Travel is life said:

I agree to disagree on that one, because I do think childhood pictures and medical records can make good add-ons to evidence that you say does prove a bona fide Marriage (such as airline tickets, chats, etc.)... no harm in also bringing a couple childhood pictures of your spouse and medical records (if you can explain about them and what they mean, etc.), on top of other bona fide evidence!

Childhood pictures/records don't prove bona-fide marriage. Chats do show communication between partners which could prove a bonafied marriage or fiance relationship. Airline tickets do show at least people visited each other or went on vac together, etc. Childhood pictures; nope, it proves nothing. Save the child pictures/records for when your sponsoring your parents; not your wife. I sponsored my wife just 3 months after our wedding in GH and just after 1 day of becoming a US citizen, and got approved at the embassy easily; you need to put your time and efforts in assembling the right and good supporting evidence and not waste time on those that won't add value. Goodluck with your case.

Edited by nastra30
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On 10/1/2019 at 3:14 AM, Travel is life said:

I filed as single, because it wouldn’t let me file as married

Yeah that’s most likely your problem - embassy didn’t  like it when you filed as single - sometimes makes them doubt the validity of the marriage esp. if there are other things that are giving them pause. 

On 10/1/2019 at 3:17 AM, Travel is life said:

But she doesn’t pay US taxes, never has been to the US yet...

And..... when it comes to immigration don’t rely on others always check with the source material yourself - in this case the tax codes - reading the filing instructions would have told you this. 

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

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On 10/7/2019 at 5:07 PM, Illiria said:

Yeah that’s most likely your problem - embassy didn’t  like it when you filed as single - sometimes makes them doubt the validity of the marriage esp. if there are other things that are giving them pause. 

And..... when it comes to immigration don’t rely on others always check with the source material yourself - in this case the tax codes - reading the filing instructions would have told you this. 

Yes, well reading the filing instructions can sometimes be very complicated. How do they expect the average person to be able to understand all the instructions (or even have time to read them all)?

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11 minutes ago, Travel is life said:

Yes, well reading the filing instructions can sometimes be very complicated. How do they expect the average person to be able to understand all the instructions (or even have time to read them all)?

If you don't understand something you can ask here, search online, or hire an attorney.

 

We met in one country, got married in a second, lived in a third and now live in the US.  Overall it was a pretty easy process to follow and we had zero issues despite having some red flags.

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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On 10/9/2019 at 11:13 AM, Paul & Mary said:

If you don't understand something you can ask here, search online, or hire an attorney.

 

We met in one country, got married in a second, lived in a third and now live in the US.  Overall it was a pretty easy process to follow and we had zero issues despite having some red flags.

 

Zero issues despite having some red flags? You must have gotten very lucky then. It is amazing how you met in one country, got married in a second, lived in a third, and now live in the US. How long ago did you do the whole US Spouse Visa process?!?

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2 hours ago, Travel is life said:

Zero issues despite having some red flags? You must have gotten very lucky then. It is amazing how you met in one country, got married in a second, lived in a third, and now live in the US. How long ago did you do the whole US Spouse Visa process?!?

Filed last June 15th and entered US October 7th.  We were DCF and filed in Mexico.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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21 hours ago, Paul & Mary said:

Filed last June 15th and entered US October 7th.  We were DCF and filed in Mexico.

Wow, that seems a whole lot faster than the US Spouse Visa timeline usually goes. Could it be because it was filed in Mexico, and not West Africa? The normal US Spouse Visa timeline is like 10-15 months...

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