Denied visa 221g (SPLIT)

[Berii 2]

21 minutes ago, JeanneAdil said:

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 

We got married in 2018 after I got my DV1 visa, I'm still a green card holder. I filed as single on my tax returns because my wife is not in the US yet and hasn't got a social security number and did not see that as mandatory but noted

[JeanneAdil 6,190]

41 minutes ago, Berii said:

We got married in 2018 after I got my DV1 visa, I'm still a green card holder. I filed as single on my tax returns because my wife is not in the US yet and hasn't got a social security number and did not see that as mandatory but noted

So,  u married within the 1 year mark

 

and u are not single / u are married 

IRS allows for Non resident alien spouse to be added to tax returns

 

https://www.irs.gov/newsroom/international-taxpayers-filing-status-if-married-to-a-nonresident-alien-youtube-video-text-script

 

u can't file single when married

u caused some issues 

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to Bringing Family of LPR to America forum, where topics about F2A cases are discussed ***

 

3 hours ago, Berii said:

I'm still a green card holder.

 

[Coco8 1,039]

13 hours ago, Berii said:

Thanks Coco8. We both registered for the DV lottery as single not as married since we were'nt yet legally married at the time. and I succeeded.including her in my visa when I registered already as single could complicate. To the best of my knowledge I know one can only include their family(spouse, children) at the time they register for the DV lottery not registering as single or married and then including family after 

You can marry between the time you won and your appointment. The same if you have children after you register but before you get the consulate appointment, you can include them in your visa application. 

 

If you had done a google search you'd find out that it is possible.

 

Here from the state department:

 

"If your family circumstances have changed after you entered the lottery, for example, if you have gotten married or had a child, you will need to add your new family members to your case. (“Family member” refers to a spouse and/or unmarried children who had not reached age 21 before you entered the lottery.)"

https://travel.state.gov/content/dam/visas/Diversity-Visa/dv-supplemental/RGA - Riga.pdf

 

What they mean by "add" is you add them to the DS-260 and they submit their own DS-260.

 

 

 

 

[Coco8 1,039]

From what I'm reading, you did not present solid information on the marriage.

 

(1) You have not seen each other since 2018; that's when you left your country and you were only married for a couple of months

(2) You filed taxes as single

(3) You did not present information on your cohabitation in your country prior to 2018

(4) Did you present information of communications between 2018 and 2021?

(5) Did you present information on having a life insurance or anything that would make your wife beneficiary? 

 

What evidence of bona fide marriage did you present? Photos of marriage that took place 3 years ago is not enough. 

 

[Berii 2]

Greetings all, Can I make my wife beneficiary to my life insurance, bank account, etc while I wait for the NOIR or is it too late for that?

 

concerning my taxes, can I get her an ITN number and then amend my taxes to married filing separately?

Can I do all these right away as I wait for the NOIR from USCIS?

[Redro 4,589]

1 hour ago, Berii said:

Greetings all, Can I make my wife beneficiary to my life insurance, bank account, etc while I wait for the NOIR or is it too late for that?

 

concerning my taxes, can I get her an ITN number and then amend my taxes to married filing separately?

Can I do all these right away as I wait for the NOIR from USCIS?

Make the changes now. Do not wait for the NOIR. There is a chance you might have to re-file, so better to start building the evidence now. 

Also, procure evidence/ documentation of life together before you moved to the States. 

 

ETA you don't need an ITIN number for MFS (married filing separately) you just put NRA (non resident alien) in place of the ITIN or social security number. 

Edited November 7, 2021 by Kor2USA

[Berii 2]

8 minutes ago, Kor2USA said:

Make the changes now. Do not wait for the NOIR. There is a chance you might have to re-file, so better to start building the evidence now. 

Also, procure evidence/ documentation of life together before you moved to the States. 

 

ETA you don't need an ITIN number for MFS (married filing separately) you just put NRA (non resident alien) in place of the ITIN or social security number. 

Noted, thanks

[SalishSea 16,750]

2 hours ago, Berii said:

Greetings all, Can I make my wife beneficiary to my life insurance, bank account, etc while I wait for the NOIR or is it too late for that?

 

concerning my taxes, can I get her an ITN number and then amend my taxes to married filing separately?

Can I do all these right away as I wait for the NOIR from USCIS?

You can make those changes any time.  The fact that they're being done as a response to a denial, and years after the marriage took place, may well be noticed by USCIS/DOS.

[Berii 2]

Hello guys… It’s been a while. Hope y’all doing well… It’s been 8 months now and still no update concerning my wife’s immigration visa that was denied at the US consulate and returned to USCIS recommending revocation. It’s been 8 months already and no update from USCIS concerning my wife’s case. But my wife travelled to Canada a month ago for school and work. I’m curious to know if she’ll still be able to come to the US as she now resides in Canada even though her immigrant visa was denied in the US consulate in Cameroon. Any contribution will be  appreciated. Thanks

[Berii 2]

2 minutes ago, Berii said:

Hello guys… It’s been a while. Hope y’all doing well… It’s been 8 months now and still no update concerning my wife’s immigration visa that was denied at the US consulate and returned to USCIS recommending revocation. It’s been 8 months already and no update from USCIS concerning my wife’s case. But my wife travelled to Canada a month ago for school and work. I’m curious to know if she’ll still be able to come to the US as she now resides in Canada even though her immigrant visa was denied in the US consulate in Cameroon. Any contribution will be  appreciated. Thanks

@Jorgedig @ROK2USA @Coco8 @JeanneAdil @Chancy @African Zealot

[Berii 2]

13 minutes ago, Berii said:

Hello guys… It’s been a while. Hope y’all doing well… It’s been 8 months now and still no update concerning my wife’s immigration visa that was denied at the US consulate and returned to USCIS recommending revocation. It’s been 8 months already and no update from USCIS concerning my wife’s case. But my wife travelled to Canada a month ago for school and work. I’m curious to know if she’ll still be able to come to the US as she now resides in Canada even though her immigrant visa was denied in the US consulate in Cameroon. Any contribution will be  appreciated. Thanks

 

6 minutes ago, Berii said:

@Jorgedig @ROK2USA @Coco8 @JeanneAdil @Chancy @African Zealot

@arken @PaulaCJohnny @carmel34 

[Coco8 1,039]

Quote

 she now resides in Canada even though her immigrant visa was denied in the US consulate in Cameroon. 

She still has a passport from Cameroon and was denied immigration visa. She is only studying and working in Canada, so I'm assuming she has a visa.

She still needs a visa to travel to the US and she is going to have a very difficult time getting a visitor visa. She'll be denied because she already has another visa denial, she has no strong ties to Cameroon (or Canada), and consulate in Canada is particularly difficult. 

 

You should visit her in Canada. At least it's closer. If you are eligible for a TN visa, you could go to work in Canada and live wherever she is studying and working. You might also be able to get a dependent visa from her Canadian visa.

 

Edited June 24, 2022 by Coco8

[arken 4,197]

I'd say visit her, stay together few times in Canada depending on where she is. Then file i130 again, it may be faster that waiting for uscis revocation notice and appealing.

[African Zealot 1,452]

57 minutes ago, Berii said:

Hello guys… It’s been a while. Hope y’all doing well… It’s been 8 months now and still no update concerning my wife’s immigration visa that was denied at the US consulate and returned to USCIS recommending revocation. It’s been 8 months already and no update from USCIS concerning my wife’s case. But my wife travelled to Canada a month ago for school and work. I’m curious to know if she’ll still be able to come to the US as she now resides in Canada even though her immigrant visa was denied in the US consulate in Cameroon. Any contribution will be  appreciated. Thanks

This is very discouraging. I went over your case again. There’s almost zero chance of her getting a non immigrant visa in Canada I am sorry to inform you.

 

You should have heard from USCIS by now. 8 months is more than enough time. Have you contacted them? You need to. Or get your Congressman to. They might have issued a NOIR that you’ve missed or it’s fallen into a black hole at USCIS. You need to get in touch with them ASAP.

 

Honestly I don’t support refilling without getting the NOIR to see exactly what the problem was. If they believe there’s some fraud or misrepresentation going on, a new petition won’t change anything.

 

I had a Cameroonian tenant in the USA for 5 years. He just moved out end of last month because his fiancée arrived on a K1 and they’re starting a new life together. She relocated to my country since 2020 because of the situation in Cameroon and was actually living in my house in Ghana.

 

 

Edited June 24, 2022 by African Zealot