IR1 visa refused, 221(g) issued

[Boboh 0]

Just now, PaulaCJohnny said:

So, you married in the first visit, correct? Before that did you ever meet her in person? 

Yea we got on her first visit, never met in person before other than phone conversation, email, Whatsap chat and all 

[PaulaCJohnny 712]

2 minutes ago, Boboh said:

Yea we got on her first visit, never met in person before other than phone conversation, email, Whatsap chat and all 

What is the age of both? Is this your first time applying for a US visa?

[Boboh 0]

3 minutes ago, PaulaCJohnny said:

So, you married on the first visit, correct? Before that did you ever meet her in person? 

I have seen cases where spouse visited just once, since 2019 and visa was issued even with about 20 years age gap, I am 5years older than my wife 

[Boboh 0]

Just now, PaulaCJohnny said:

What is the age of both? Is this your first time applying for a US visa?

I am older than my wife with 5 years, I have applied for b1/b2 twice in the past, 2010 & 2018 and I was denied. 

[PaulaCJohnny 712]

1 minute ago, Boboh said:

I have seen cases where spouse visited just once, since 2019 and visa was issued even with about 20 years age gap, I am 5years older than my wife 

Any case is unique. Maybe is there a age gap but other things are more “solid” example: long visits, joint bank account, shared credit card, life insurance, etc

[PaulaCJohnny 712]

2 minutes ago, Boboh said:

I am older than my wife with 5 years, I have applied for b1/b2 twice in the past, 2010 & 2018 and I was denied. 

When the divorce process started? In 2018 you were still married? Why did you apply for a tourist visa? Do you remember what did you told the CO in that moment about the reason?

Does your wife ever sponsored another husband or fiancé?

 

Answering those questions help us to try to find anything that can help you and your case. We are not here to criticize your marriage or the first visit wedding, those questions is just to get a better picture of the situation.

 

What about joint bank account? Life insurance? Anything together?

[Cathi 5,618]

You haven't seen each other for 3 years. Even with COVID, that is not a good excuse, especially since international travel has been open again for quite a while. I know that if I were separated from my husband because of COVID, I would have made sure I visited him as soon as it was possible once travel was allowed again. You are trying to get a visa from one of the most difficult countries, if not THE most difficult. Surely you and your wife knew that and should have been much more prepared. They are sending your case back to USCIS with the intention to revoke/deny the visa. This will not be an easy, quick or inexpensive process. I suggest you have your American spouse join Visa Journey.

[Boboh 0]

2 hours ago, PaulaCJohnny said:

When the divorce process started? In 2018 you were still married? Why did you apply for a tourist visa? Do you remember what did you told the CO in that moment about the reason?

Does your wife ever sponsored another husband or fiancé?

 

Answering those questions help us to try to find anything that can help you and your case. We are not here to criticize your marriage or the first visit wedding, those questions is just to get a better picture of the situation.

 

What about joint bank account? Life insurance? Anything together?

Thank you so much for your concern and attention, I appreciate this so much, the divorce started in 2017, absolute decree was issued on 22nd February 2019, although we have been separated 3 years before I remarried, I applied for tourist visa in 2018 for a visit, but I was refused visa,  I was already going through separation during when I applied for the tourist visa with my ex, I remember everything I told the CO during the 2018 visa interview & I still have the ds160,  although I didn’t tell the CO I was going through separation then cos divorce was not yet concluded, why I was refused visa then in 2018 was because CO asked the name of the school where my kids attend, I couldn’t give an answer to that question because then I have no idea where my kids are, I know nothing about them because my ex took them away from me and I have no idea so I do t want to lie so I kept quite and I was very emotional talking about it. So visa was denied. 
I am also a person who get very nervous when it’s comes to interview, although I have been working on it tho 

My wife has never sponsored anyone before. She has never been married before, I’m her first husband, she has never had a kid before. 
 

We have never had a joint bank account, life insurance, anything together before. Also she has never change her name to mine, I guess this  are things we needs to quickly work on before noir/noid notice is receive. 
 

[Boboh 0]

25 minutes ago, Cathi said:

You haven't seen each other for 3 years. Even with COVID, that is not a good excuse, especially since international travel has been open again for quite a while. I know that if I were separated from my husband because of COVID, I would have made sure I visited him as soon as it was possible once travel was allowed again. You are trying to get a visa from one of the most difficult countries, if not THE most difficult. Surely you and your wife knew that and should have been much more prepared. They are sending your case back to USCIS with the intention to revoke/deny the visa. This will not be an easy, quick or inexpensive process. I suggest you have your American spouse join Visa Journey.

Thank you for the response and addy, sure I will have her join the visa journey shortly. 
thanks 🙏

[African Zealot 1,453]

12 hours ago, Boboh said:

Will it be normal interview or just passport submission? 

Your petition has been denied and being returned for revocation. What makes you think that a second interview will be just passport submission? Things don’t work that way.

 

If you’re going to get that approval, it’s going to be the hard way. The hard way, the only way.

Edited August 21, 2022 by African Zealot

[carmel34 3,533]

You need much more time together, in person, with evidence of multiple recent visits, and as much financial co-mingling documentation as you can arrange while living in different countries.  If your wife can live with you in your home country for a few months or longer, that would help as well.  She should not file a new I-130 petition until you have more evidence that the marriage relationship is bona fide.  Your wife needs to join VJ and do more research on the spousal visa process and the best evidence to include if you want to overcome this denial.  Good luck!

Edited August 21, 2022 by carmel34

[JeanneAdil 6,231]

21 hours ago, Boboh said:

Thanks for the response I appreciate, please how long will be the waiting period according to the present backlog from uscis to the second interview? Will there be second interview? Will it be normal interview or just passport submission? 

u are asking questions no one can answer

what i do know is it took 6 months for my response to come back to USCIS office

and i sent the issues in a letter and allowed to appeal

the appeal took well over a year

i received a letter saying "marriage is bona fida and i could reapply

so knowing if this is a NOIR or NOID

getting the USC to respond in the timeframe USICS  (like for an RFE usually 30 days) or if USCIS says it needs to be an appeal to continue

 

and yes i would expect a long delay and new interview if USC is able to prove the issues are "not so"

 

as for the other part when CO asked address of ex    OMG this is something u should know as ur kids aren't coming with u (your own words)  and u need to know address of ex to be supporting the kids 

 

At this point it will be up to the USC to continue or abort the spouse petition

it is going to cost money to spend quality time with u and possibly an appeal or a new petition 

 

u want this to happen fast and it isn't going to

and your spouse needs to join here and find out what to do as its out of your hands ,   sorry

 

at this point its going to be expensive for the USC and 

[Boboh 0]

2 hours ago, JeanneAdil said:

u are asking questions no one can answer

what i do know is it took 6 months for my response to come back to USCIS office

and i sent the issues in a letter and allowed to appeal

the appeal took well over a year

i received a letter saying "marriage is bona fida and i could reapply

so knowing if this is a NOIR or NOID

getting the USC to respond in the timeframe USICS  (like for an RFE usually 30 days) or if USCIS says it needs to be an appeal to continue

 

and yes i would expect a long delay and new interview if USC is able to prove the issues are "not so"

 

as for the other part when CO asked address of ex    OMG this is something u should know as ur kids aren't coming with u (your own words)  and u need to know address of ex to be supporting the kids 

 

At this point it will be up to the USC to continue or abort the spouse petition

it is going to cost money to spend quality time with u and possibly an appeal or a new petition 

 

u want this to happen fast and it isn't going to

and your spouse needs to join here and find out what to do as its out of your hands ,   sorry

 

at this point its going to be expensive for the USC and 

Is it still important I know my ex address when my kids are with my mum? She can’t have the kids around cause her new man does not support it. 
 

CO asked about her address, I told her I don’t know, then she asked where re my kids, I told her they are with my mom. 
 

 

[JeanneAdil 6,231]

not sure about the issues but the CO doing the interview sees all and has the responsibility to deny or approve based on documents and interview answers

 

unfortunately u need to wait and see what your USC spouse says when the NOIR or NOID is received

 

i still say she needs to be on VJ to know what to do

u can't do anything to speed up the process or answer the issues / it will be up to her to respond to the letter from USCIS

[Kimgaba 8]

On 8/20/2022 at 7:52 PM, Crazy Cat said:

What second interview?  The case is being returned to USCIS.  It will, likely, be 6 months before the petitioner even gets the NOIR/NOID.  

 

Sounds like the CO doubts this is a sincere marriage.  The only cure is a LOT of time spent together.  Have you and your spouse discussed living in Nigeria for a year or two?   The fact that she hasn't visited you in almost 3 years is very significant, imho.  Very, very significant.  To be blunt, Covid is not a good excuse for a married couple to be separated that long, imo.   Frankly, I think beating this will be a long and expensive journey.  I wish and your spouse good luck.  Is she a member here on Visa Journey?  

Just to add to this it seems like OP hasn't met with his wife since the year they got married. And yes, 3 years is a substantial amount, I wonder when OP filed for the Visa? anyways I'm in a similar situation where I got divorced in january of this year and got married in march. However, we were already engaged before the divorced happened and i have visited her multiple times already after the marriage. When an interviewer sees someone like me breaking bank to visit their loved ones and can show on their phone the insane amount of time we spend together online when were not physically together. They'll always question why someone wouldn't visit their loved ones in 3 years? but being fair, economically it is difficult at times, these interviewers either have more information we're not aware of or the person that interviewed OP was pretty heartless.