Denied visa 221g (SPLIT)

[African Zealot 1,452]

Actually your parents not attending the wedding is perplexing and the excuse that they were sick won’t fly with me if I was the interviewer although that alone shouldn’t be fatal to the case.

 

Prepare a soli rebuttal to each point they raise, and maybe get a competent immigration attorney.

Edited November 6, 2021 by African Zealot

[Berii 2]

1 hour ago, African Zealot said:

Actually your parents not attending the wedding is perplexing and the excuse that they were sick won’t fly with me if I was the interviewer although that alone shouldn’t be fatal to the case.

 

Prepare a soli rebuttal to each point they raise, and maybe get a competent immigration attorney.

Thanks African Zealot noted

[Berii 2]

My Uncle and Aunt were actually present at the wedding and my wife's family too(mother)

[Redro 4,599]

20 hours ago, Berii said:

Greetings everyone. My wife was denied visa under 221g and her petition sent back to USCIS recommending revocation.

These were the questions asked by the consular officer and her answers to them;

 

1. Who is petitioning for you? *My husband*

2. What does he do? Answers

3. Where are you going to stay in the US? Answers

4. How did you two meet? *At a friend's wedding party*

5. What's the name of the friend? Sandra

6. when did you two meet? Answers 

7. What relationship do you have with Sandra? *I'm a friend of Sandra. *

8. What about your husband. *Is he friends with the groom or bride. we're both friends Of the bride*

9. When did you get married? Answers

10. Who is this in the picture(points to her mother)? *My mother*

11. Who's this(points to an invited person)? *My mother's co-worker*

12. Who's this(points to another woman)? *My husband's Aunt*

13. Did his parents attend the wedding? *No*.

14. Why were his parents absent? *His mother was sick*

15. Did you meet his parents? *Yes*

16. When did you meet his parents? *2015*

17. Was there a knock door(traditional wedding)?*No but there was an introduction*

18. Are you from the same village with your husband? *No*

19. Did you live together? *Yes*

20. Did you live together alone or with people? *We lived together alone*

21. Was there an engagement? *Yes*

22. When did he propose? *2016, May 2016 on my birthday*

23. How did your husband immigrate to the US? *Through the Diversity visa lottery*

24. When did he travel to the US?Answered

25. When did you get married? Answered

26. Has your husband been back to your home country since he travelled to the US? *No, he was to come last year but the covid-19 hindered*

27. Where did the court wedding take place? answered

28. Tell me about your relationship with your husband? Answered

29. What was your husband doing when he was in your home country? Answered

30. What do you do for a living? *I'm unemployed*

Another officer told my wife the consular officer is suspicious about my marriage and cannot give a visa, I don't know why because she answered all questions asked. What way forward should I take. Any advice will be appreciated. Thanks

You write "answered" for some of the questions.

Do you think perhaps your wife's answers were inconsistent with the information the interviewer had?

 

Your relationship seems very solid from your telling of the story. In my opinion, not traveling home because you needed to set up your life in the States makes perfect sense! And your wife was probably unable to secure a visa to the US, so it is unfair they are judging you for not meeting.

 

I have some questions about the proof you provided regarding your relationship before you moved.

Did you provide proof of co-habitation from 2016-2018?

Did you live in the same city/town as your parents when you lived with your wife? And did you get married in your hometown or elsewhere?

How often did you meet with her parents/ your parents and did you include photographic proof of the meetings?

I'm not familiar with customs in Cameroon but usually when a couple is engaged and living together they meet with their respective families for important events (birthdays, Christmas, Easter). Only meeting the family once in 2015 and then parents not attending the wedding could add to the interviewer's doubt about the authenticity of your relationship. 

 

ETA: It sounds like you had a small wedding. Is this common for Cameroon? 

And having your uncle and aunt attend... are you close to them? And had your wife met them before your wedding? 

 

Edited November 6, 2021 by Kor2USA

[Redro 4,599]

4 hours ago, African Zealot said:

Actually your parents not attending the wedding is perplexing and the excuse that they were sick won’t fly with me if I was the interviewer although that alone shouldn’t be fatal to the case.

 

Prepare a soli rebuttal to each point they raise, and maybe get a competent immigration attorney.

Neither of our parents attended the wedding... but I don't suspect it will be a problem for us because we celebrated with our respective families after the wedding.

I think a wedding after a very long engagement (hopefully there is proof of the 2015 engagement- photos, receipts etc.) with very little friend and family participation is curious. Aunts, uncles and the mother's co-worker sounds like a fairly large wedding... but I don't know why I believe your wedding was small. How long did wedding planning take and was it a small or large affair? 

Edited November 6, 2021 by Kor2USA

[Berii 2]

1 hour ago, Kor2USA said:

You write "answered" for some of the questions.

Do you think perhaps your wife's answers were inconsistent with the information the interviewer had?

 

Your relationship seems very solid from your telling of the story. In my opinion, not traveling home because you needed to set up your life in the States makes perfect sense! And your wife was probably unable to secure a visa to the US, so it is unfair they are judging you for not meeting.

 

I have some questions about the proof you provided regarding your relationship before you moved.

Did you provide proof of co-habitation from 2016-2018?

Did you live in the same city/town as your parents when you lived with your wife? And did you get married in your hometown or elsewhere?

How often did you meet with her parents/ your parents and did you include photographic proof of the meetings?

I'm not familiar with customs in Cameroon but usually when a couple is engaged and living together they meet with their respective families for important events (birthdays, Christmas, Easter). Only meeting the family once in 2015 and then parents not attending the wedding could add to the interviewer's doubt about the authenticity of your relationship. 

 

ETA: It sounds like you had a small wedding. Is this common for Cameroon? 

And having your uncle and aunt attend... are you close to them? And had your wife met them before your wedding? 

 

Thanks Kor2USA. 

Her answers were not inconsistent she told me

For cohabitation I didn't think proof was necessary but thanks noted

My parents lived in the village at the time me and my wife were living together in the city

I have lived with my Aunt and Uncle since age 6 and they educated me through my secondary and highschool education. I began doing business after highschool

we got married in our hometown not elsewhere

Yes my wife met my Aunt and Uncle a couple of times but we didn't really think of pictures

I proposed to my wife on her birth day before we started living together but there was no engagement party. 

[Redro 4,599]

Just now, Berii said:

Thanks Kor2USA. 

Her answers were not inconsistent she told me

For cohabitation I didn't think proof was necessary but thanks noted

My parents lived in the village at the time me and my wife were living together in the city

I have lived with my Aunt and Uncle since age 6 and they educated me through my secondary and highschool education. I began doing business after highschool

we got married in our hometown not elsewhere

Yes my wife met my Aunt and Uncle a couple of times but we didn't really think of pictures

I proposed to my wife on her birth day before we started living together but there was no engagement party. 

When you receive the NOIR include proof of your relationship before you married. I think this will strengthen your case. Perhaps the interviewer believed you made up the story as you did not include documentation of co-habitation in your application. 

Good luck! I'm sure your relationship is legitimate and you can overcome these issues. 

[Berii 2]

6 minutes ago, Kor2USA said:

When you receive the NOIR include proof of your relationship before you married. I think this will strengthen your case. Perhaps the interviewer believed you made up the story as you did not include documentation of co-habitation in your application. 

Good luck! I'm sure your relationship is legitimate and you can overcome these issues. 

Thanks! Noted

[carmel34 3,531]

In cases like this, it is best to start over with a new I-130 petition.  An appeal of the denial, while possible, typically takes longer than starting over.  I recommend that you go and visit her a few more times, maybe 2 or 3 trips, and save all evidence of those visits (original boarding passes, passport stamps, hotel receipts, a few photos of the two of you together).  In that period of time, while making a few trips to see her and spend time with her, start doing more financial co-mingling, such as adding her as an authorized user on one of your US credit card accounts, and as a beneficiary on your health, dental, vision, and life insurance.  Add her as sole beneficiary on your US bank accounts, retirement accounts, etc.  Do a will, living will, and power of attorney for the two of you.  File US income taxes with the IRS as married jointly (W-7 to get her ITIN).  All of this can be done while living in separate countries. Send all of this new evidence of visits and financial co-mingling with the new I-130 petition.  While waiting for a decision on the new I-130, make a few more visits and submit evidence of those trips at the NVC stage.  All of this will take 1-2 years, but that is going to be faster than an appeal.  Good luck!

[JeanneAdil 6,197]

8 hours ago, African Zealot said:

How is money sent to Africa a red flag? You’re conjecturing. I can confidently say 99.999% of people who have a fiancée or some relatives in Africa send money home and the consular officers are educated in the customs of the people and by itself won’t view that as a red flag at all unless there are signs of a romance scam.

 

Based on what you’ve provided, it’s very strange they’re planning to deny this petition. Absolutely nothing jumps out at me as a sign of a sham marriage.

 

In actual fact I have a Cameroonian roommate in the USA whose fiancée relocated to Ghana (because of the English/French political unrest) and is living in my house there since 2020 waiting for her petition to be approved. It’s taken sixteen months and she still hasn’t gotten her visa although the case was just sent to the embassy last month and they have a Covid backlog.

 

Your issue is perplexing and I don’t even think spending more time with her is a solution to be honest.

nothing jumps out at me either

but money sent to Africa is considered as immigrant using american for money/  sorry but this has been a reasone previous for a denial

and yes,  i sent money to Adil in Morocco  / for one it would have cost me $85 an hour to have him take driving lessons here and was cheaper in Morocco to learn to handle a car

but also he was on my tax returns and half the money legally his

but i did not include western union receipts in petition

 

[Redro 4,599]

7 minutes ago, JeanneAdil said:

nothing jumps out at me either

but money sent to Africa is considered as immigrant using american for money/  sorry but this has been a reasone previous for a denial

and yes,  i sent money to Adil in Morocco  / for one it would have cost me $85 an hour to have him take driving lessons here and was cheaper in Morocco to learn to handle a car

but also he was on my tax returns and half the money legally his

but i did not include western union receipts in petition

 

Is it still seen as using an LPR/ USC for money when they are both from the same country? 

The petitioner in this case is a GC holder, I don't think they have US citizenship yet because they only moved to the States as a lottery winner in March 2018. 

Correct me if I'm wrong, but @Berii will only be able to apply for citizenship in March 2023? 

[JeanneAdil 6,197]

OP:

Did u marry within 1 year of winning the DV lottery?

Are u a US citizen now (I don't see how u could be with winning in 2018)

so u apply as green card holder?

it could be the CO is suspicious you were married and did not claim it on DV lottery forrm

did u add your spouse as married to tax returns?

 

i see no other real reason for this denial if all u say is right

 

but u will have to wait for the NOIR/NOID to see the issues

start to get some quality evidence ready now of the marriage and time together

Affadivits are of little use from people outside the US

u need original of marriage certificate

photos of the marriage

boarding passes to show visits / 2020 hard to do this but gather the ones from any visits u make

any other proof u have now of the relationship 

u must show tax returns as married 

[JeanneAdil 6,197]

12 minutes ago, Kor2USA said:

Is it still seen as using an LPR/ USC for money when they are both from the same country? 

The petitioner in this case is a GC holder, I don't think they have US citizenship yet because they only moved to the States as a lottery winner in March 2018. 

Correct me if I'm wrong, but @Berii will only be able to apply for citizenship in March 2023? 

yes,   even when same country

its like using the system 

a CO would look for gifts sent in each direction and if only 1 way,  it is suspicious and i know hard for someone who is poor to do but there are free 123 greeting cards on internet that act as jester of romance 

 

Question 26   Did your husband travel back to his country after  coming to US? and she said no/ he came in 2018

so they married before he won the lottery / married in?   he only writes ANSWERED

did he add her as a spouse of dv lottery application?

 

this CO was prepared with a lot of questions about meeting each other,  and when meeting and how

her answers are a bit vague at times as are his here saying just ANSWERED/  hard to know from those what could have triggered a denial

[Berii 2]

20 minutes ago, Kor2USA said:

Is it still seen as using an LPR/ USC for money when they are both from the same country? 

The petitioner in this case is a GC holder, I don't think they have US citizenship yet because they only moved to the States as a lottery winner in March 2018. 

Correct me if I'm wrong, but @Berii will only be able to apply for citizenship in March 2023? 

@Kor2USA that's right

[Redro 4,599]

7 minutes ago, JeanneAdil said:

yes,   even when same country

its like using the system 

a CO would look for gifts sent in each direction and if only 1 way,  it is suspicious and i know hard for someone who is poor to do but there are free 123 greeting cards on internet that act as jester of romance 

 

Question 26   Did your husband travel back to his country after  coming to US? and she said no/ he came in 2018

so they married before he won the lottery / married in?   he only writes ANSWERED

did he add her as a spouse of dv lottery application?

 

this CO was prepared with a lot of questions about meeting each other,  and when meeting and how

her answers are a bit vague at times as are his here saying just ANSWERED/  hard to know from those what could have triggered a denial

Yep, I also question his reply of "answered" in the OP. We really cannot know how the interview went as this is a secondary source and the beneficiary might have downplayed the interview to the OP. The NOIR/NOID will give @Berii a better understanding of the issues he faces. As of now, it seems like it is a legit relationship and OP didn't realise he could marry his gf and add her as a derivative after he won the diversity lottery. There is no reason for him to be in this situation if they got engaged in 2016 and he moved to the States in March 2018. I believe they married early 2018.  

Also, not aware of Cameroonian customs but a 2 year engagement seems really long. 

Edited November 6, 2021 by Kor2USA