CR1 Visa denial... Path forward?

[Sorasykes 3]

My case was denied after almost 4 years of processing. Delayed by covid and 221g appointment taking a year to schedule. Got word today from my senator who was helping with my case. The visa has been returned from embassy to USCIS and will be closed. I need to know what my options are...and ask for any advice. Right now it seems like moving to vietnam is the only option to try and build a life together. 

[Verrou 1,898]

do you know the reason why it got denied in the first place?

[Sorasykes 3]

Just now, Misscloud said:

do you know the reason why it got denied in the first place?

Nope it just says after the interviews we had 2. The most recent was March and a phone interview for us both.  That after the interviews they looked at the facts of the case and decided it was best to send it back to USCIS.

[Dashinka 23,230]

I agree, unless we know the generalities of why the visa was denied, it is hard to give any recommendations as to how that might be overcome.

[Sorasykes 3]

1 minute ago, Dashinka said:

I agree, unless we know the generalities of why the visa was denied, it is hard to give any recommendations as to how that might be overcome.

Seems like the interview. She admitted being very nervous and missed a few questions. They were questions she shouldn't of missed. 

[Dashinka 23,230]

2 minutes ago, Sorasykes said:

Seems like the interview. She admitted being very nervous and missed a few questions. They were questions she shouldn't of missed. 

Was there a letter given after the second interview with anything specific?  

[Sorasykes 3]

3 minutes ago, Dashinka said:

Was there a letter given after the second interview with anything specific?  

No it was a phone interview for us both separately. I guess they compared our answers. This was 5 months after our 221g. We gave theme everything they asked for from the 221g.

Edited July 27, 2022 by Sorasykes

[dwheels76 5,459]

19 minutes ago, Sorasykes said:

My case was denied after almost 4 years of processing. Delayed by covid and 221g appointment taking a year to schedule. Got word today from my senator who was helping with my case. The visa has been returned from embassy to USCIS and will be closed. I need to know what my options are...and ask for any advice. Right now it seems like moving to vietnam is the only option to try and build a life together. 

So you had interview and you were told petition is being sent back yo USCIS? What happened at interview? is there a big age gap? Other Red Flags. How did your spouse handle answering the questions.
If petition is being returned, you will get either NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke). You will be told the denial appoints and a chance to address each issue.
So now you have to wait for response from USCIS and that can take a year to get back to USCIS and they get to it and respond to you.
If you address all the issues with evidence and other things and they approve USCIS will reaffirm your case and send it back to embassy for 2nd interview.

[arken 4,197]

14 minutes ago, Sorasykes said:

Seems like the interview. She admitted being very nervous and missed a few questions. They were questions she shouldn't of missed. 

Contacting each parties through phone simply means your case was very suspicious in the CO's eyes. What were the questions asked? You don't need to tell the answers if it's personal but at least if you can tell where you two didn't align, then you may get some good suggestions. 

[Sorasykes 3]

1 minute ago, dwheels76 said:

So you had interview and you were told petition is being sent back yo USCIS? What happened at interview? is there a big age gap? Other Red Flags. How did your spouse handle answering the questions.
If petition is being returned, you will get either NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke). You will be told the denial appoints and a chance to address each issue.
So now you have to wait for response from USCIS and that can take a year to get back to USCIS and they get to it and respond to you.
If you address all the issues with evidence and other things and they approve USCIS will reaffirm your case and send it back to embassy for 2nd interview.

She is 29 and im 31, No age gap. So we will receive a notice of denial when uscis gets it back? Then we will get a chance to fight it. But that could take a year or more. 

 

Like I said she admitted to be nervous and missing questions. Questions she should of answered correctly. 

[Sorasykes 3]

1 minute ago, arken said:

Contacting each parties through phone simply means your case was very suspicious in the CO's eyes. What were the questions asked? You don't need to tell the answers if it's personal but at least if you can tell where you two didn't align, then you may get some good suggestions. 

Generic ones like how many trips did I make out there. What happened during each trip. Marriage anniversary and which trip we got married on. There was questions about first kiss and how often we were intimate. I answered all 100% accurately but she admitted the officer corrected her on a few and she was very nervous. I guess that did it.

[Dashinka 23,230]

So it sounds like they may have decided it was not a real marriage?  Maybe some more facetime in Vietnam would be a good idea while you are awaiting for the NOID to come from USCIS.

[Family 3,469]

7 minutes ago, Sorasykes said:

No it was a phone interview for us both separately. I guess they compared our answers. This was 5 months after our 221g.

What language do you and your wife communicate in? 

What language was the interview held in? 
 

What questions did  she miss?

**am aware you stated she knew the correct responses but she was extremely nervous **

 

What do you sense is the weakest part of your case and what do you and your wife feel the questions were more centered on ? 
 

What questions was she asked at the first interview? 

What questions were each of you asked at 2nd “ separated “ Stokes interview? 
 

USCIS will send you a NOIR and you will have a chance to address and overcome each point.

If you have the means, go there ASAP, to spend time as a couple, amass a boatload of Evidence of Marriage and Relationship …stay as long as you can or go as often as budget permits. ALL of this you will use in the NOIR ( Notice of Intent to Rescind) 

 

 

[Sorasykes 3]

4 minutes ago, Dashinka said:

So it sounds like they may have decided it was not a real marriage?  Maybe some more facetime in Vietnam would be a good idea while you are awaiting for the NOID to come from USCIS.

Yeah it seems they decided it was real. Our 4th anniversary is coming up on Nov 18th. To think we have to celebrate it with this looming over it.

[Sorasykes 3]

1 minute ago, Family said:

What language do you and your wife communicate in? 

What language was the interview held in? 
 

What questions did  she miss?

**am aware you stated she knew the correct responses but she was extremely nervous **

 

What do you sense is the weakest part of your case and what do you and your wife feel the questions were more centered on ? 
 

What questions was she asked at the first interview? 

What questions were each of you asked at 2nd “ separated “ Stokes interview? 
 

USCIS will send you a NOIR and you will have a chance to address and overcome each point.

If you have the means, go there ASAP, to spend time as a couple, amass a boatload of Evidence of Marriage and Relationship …stay as long as you can or go as often as budget permits. ALL of this you will use in the NOIR ( Notice of Intent to Rescind) 

 

 

We communicate in english and both interviews were also in english. I thought our case was very strong. I submitted way more than they asked for when they gave a us a 221g. I visited 3 times between 2018 and 2019. Obviously covid stopped us after that. Guess I'll be booking a flight soon.