Case returned back to USCIS

[Doc B 0]

Help help help!!! everyone, how are you’ll doing today ? Please I need a good advice on my case, 

I was refused a visa sometimes last year on IR1 visa category, which I believe that reason for my refusal was because my marriage happens at my spouse first visit, the CO also mention how come my divorce was concluded in February and I got married in May same year, from the question CO asked I felt this was part of the reason my visa was refused and then my case was returned back to USCIS, couple of weeks after my visa interview my wife gave birth, but child not for me, because from the on set my wife clearly knew I don’t wanna have kid anymore because I already had 2 from my previous marriage, which are different from hers, my spouse wants kids, for this reason I had given her every go ahead to have child with whoever she wants. But still I truly love my wife,  So she gave birth, child birth certificate was recorded on rightful father’s mother’s name, child passport issued which made me understand that USCIS will definitely be aware about the existence of the child birth. So couple of weeks ago USCIS confirmed they have my case back. How do I defend my case for reaffirmation? Can it be right I comes out openly to uscis about the child ? 
Although I have been piling up more evidences like life insurance, pictures, videos calls, call logs, money transfer, chats, etc to get ready for uscis when requested. 
please advise me on steps I can take to ensure my case reaffirmation. 
thank you 

 

[SalishSea 16,778]

33 minutes ago, Doc B said:

Help help help!!! everyone, how are you’ll doing today ? Please I need a good advice on my case, 

I was refused a visa sometimes last year on IR1 visa category, which I believe that reason for my refusal was because my marriage happens at my spouse first visit, the CO also mention how come my divorce was concluded in February and I got married in May same year, from the question CO asked I felt this was part of the reason my visa was refused and then my case was returned back to USCIS, couple of weeks after my visa interview my wife gave birth, but child not for me, because from the on set my wife clearly knew I don’t wanna have kid anymore because I already had 2 from my previous marriage, which are different from hers, my spouse wants kids, for this reason I had given her every go ahead to have child with whoever she wants. But still I truly love my wife,  So she gave birth, child birth certificate was recorded on rightful father’s mother’s name, child passport issued which made me understand that USCIS will definitely be aware about the existence of the child birth. So couple of weeks ago USCIS confirmed they have my case back. How do I defend my case for reaffirmation? Can it be right I comes out openly to uscis about the child ? 
Although I have been piling up more evidences like life insurance, pictures, videos calls, call logs, money transfer, chats, etc to get ready for uscis when requested. 
please advise me on steps I can take to ensure my case reaffirmation. 
thank you 

 

I don’t see it happening.   No one in a bonafide marriage  “gives permission” to their spouse to have a baby with someone else.

 

Your marriage looks like a sham marriage for the purpose of obtaining a green card.

 

If you want to come to the United States, it won’t be through this route.

[Doc B 0]

Thank you for the response, it’s in deed a bonafide marriage, genuine marriage, and I love my wife dearly. I find no way to settle the issue of her wanting a child and me not seeing my self in that position, to be honest medically I am not fit to have one. My question is how do I defend and help myself in this case. 

[Dashinka 23,252]

7 minutes ago, Doc B said:

Thank you for the response, it’s in deed a bonafide marriage, genuine marriage, and I love my wife dearly. I find no way to settle the issue of her wanting a child and me not seeing my self in that position, to be honest medically I am not fit to have one. My question is how do I defend and help myself in this case. 

Typically a petition returned to USCIS will result in a Notice of Intent to Revoke (NOIR) sent to the petitioner, your wife.  This may take some time, but it should give your wife time to respond with additional information.  All you can do is gather that information with your wife to be ready to respond when the notice arrives.

 

To be honest, it may be a tough uphill climb though given what you laid out, and the responsibility will be mostly on your wife.  With a child from another father while you are married, it will look funny to either a USCIS officer or a consulate officer as even though you said you really are not fit to raise another child, that child would be in your household.  The child also changes the I864 your wife submitted as she now has one more dependent.

[belinda63 2,981]

Confused. You don't want a child nor can you raise one due to medical issues but you gave your wife permission to have a child with another man while you two are married to each other. I assume the intent is for her to raise the child with you so it makes no sense. Good luck.

[Doc B 0]

I can definitely raise a child, but medically I can’t have one, I love kids and I am ready to support her and the child at any point but I am not medically fit even have any. 

[Doc B 0]

Anyway I need a legal advice I believe we live in a free world and we can decide what’s ever works best for us. I & my wife know our case is real, genuine and no fraud. I let her get pregnant because I can’t get her pregnant, proven medically, I and my spouse agree to make this happen. I believe we have all right to decide whatever we want over our relationship. Legally is there any law that’s stop us from getting married at first visit? Having child out of marriage while married? If there’s any please let me know 

[Mike E 11,723]

2 minutes ago, Doc B said:

Anyway I need a legal advice

Agreed. VisaJourney cannot gove you legal advice.

 

2 minutes ago, Doc B said:

I believe we live in a free world and we can decide what’s ever works best for us. I & my wife know our case is real, genuine and no fraud. I let her get pregnant because I can’t get her pregnant, proven medically,

She became pregnant through:

1. artificial insemination from an anonymous donor 

2. artificial insemination from a known donor, or

3. coitus with another man

 

?

 

2 minutes ago, Doc B said:

 

I and my spouse agree to make this happen. I believe we have all right to decide whatever we want over our relationship. Legally is there any law that’s stop us from getting married at first visit?

No such law. 

2 minutes ago, Doc B said:

 

Having child out of marriage while married? 

No such law.

 

The law however is that to immigrate as a spouse of a U.S. citizen, she has to be in a bonafide relationship with that spouse, and the onus is on the couple to prove it. Your evidence seems weak, but perhaps that is not the case. So, 

 

4. When did you find her online?

 

5. When was the first meeting?

 

6. How many days did you meet in person before filing I-130?

 

7. How many days have you met in person to date?

[JeanneAdil 6,203]

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

What country is this?

 

Marrying on the 1st visit is one of the red flag issues BUT that alone is not the only issue

Your wife will not know immediately about the NOIR or NOID 

she will hear in about 6 months ALL the issues the CO thinks are pertinent

She will be given a timeline to submit her answers /can be 30 days,  30 business days or something else

 

Money transfers are never good evidence and at  this point , unless they aske for them chats and all the other stuff u mention is not important

 

what is important

commingling finances

time spent together

real relationship by being faithful

-

and answering the issues bought up by CO with actual proof its wrong will be the key

can not just say relationship is REAL /it has to be proved to the satisfaction of immigration

even a lawyer can't change the issues

having a child with another man shows she is not faithful to you and u allowing it-that's a  whole new can of worms

 

Edited July 23, 2023 by JeanneAdil

[Redro 4,600]

3 hours ago, Doc B said:

Help help help!!! everyone, how are you’ll doing today ? Please I need a good advice on my case, 

I was refused a visa sometimes last year on IR1 visa category, which I believe that reason for my refusal was because my marriage happens at my spouse first visit, the CO also mention how come my divorce was concluded in February and I got married in May same year, from the question CO asked I felt this was part of the reason my visa was refused and then my case was returned back to USCIS, couple of weeks after my visa interview my wife gave birth, but child not for me, because from the on set my wife clearly knew I don’t wanna have kid anymore because I already had 2 from my previous marriage, which are different from hers, my spouse wants kids, for this reason I had given her every go ahead to have child with whoever she wants. But still I truly love my wife,  So she gave birth, child birth certificate was recorded on rightful father’s mother’s name, child passport issued which made me understand that USCIS will definitely be aware about the existence of the child birth. So couple of weeks ago USCIS confirmed they have my case back. How do I defend my case for reaffirmation? Can it be right I comes out openly to uscis about the child ? 
Although I have been piling up more evidences like life insurance, pictures, videos calls, call logs, money transfer, chats, etc to get ready for uscis when requested. 
please advise me on steps I can take to ensure my case reaffirmation. 
thank you 

 

 

ETA: Don't lie about the child. When you are called back for a second interview. The child will be on the new I864. You will have to explain things then. 

 

Does the letter contain reasons why they refused to issue the visa? 

You will have to explain why they are wrong for thinking these reasons show you are not in a real relationship. 

Reply to every point they made in the letter. 

Explain your timeline. Explain how many times you have seen each other since you first met. Explain how long you've spent together. 

Which country are you from? Some countries are high fraud and undergo a little more scrutiny. Your wife might consider moving to your home country for a while. 

You have a long road ahead of you. But, if your love is strong, sincere and true. You will be able to weather this storm. 

 

Edited July 23, 2023 by Redro

[JeanneAdil 6,203]

2 minutes ago, Redro said:

 

 

What will happen is USCIS will send you a letter explaining why they denied the petition/visa. 

They will probably list several of the points you have mentioned. 

1.) Deciding to marry on first visit. 

2.) Marriage very soon after divorce

3.) Having a child with another man. 

 

You will have to explain why they are wrong for thinking these reasons show you are not in a real relationship. 

I suggest you write down what happened in the interview and the questions you were asked to help you and your wife prepare for the letter. 

 

So, why did you get married on the first visit and so soon after your divorce?

Explain your timeline. Explain how many times you have seen each other since you first met. Explain how long you've spent together. 

Which country are you from? Some countries are high fraud and undergo a little more scrutiny. Your wife might consider moving to your home country for a while. 

You have a long road ahead of you. But, if your love is strong, sincere and true. You will be able to weather this storm. 

all true except they send the letter to the USC and its up to her to prove

[Rocio0010 5,565]

3 hours ago, Doc B said:

the CO also mention how come my divorce was concluded in February and I got married in May same year,

First red flag.

 

3 hours ago, Doc B said:

my wife gave birth, but child not for me

Second red flag

 

3 hours ago, Doc B said:

Can it be right I comes out openly to uscis about the child ?

It's not if you CAN. You HAVE TO.

 

1 hour ago, Doc B said:

I believe we live in a free world and we can decide what’s ever works best for us

Absolutely. Yet, there are laws. More specifically, there are immigration laws that you have to follow if you want to live in the US through your marriage. Following your same line of thought, the government decides what works for their country, and in this case the US has decided that there are certain red flags that can come up in marriages when it comes to immigration. Your case has at least two.

[Doc B 0]

@Redrothank you for your concern, I really appreciate you for your contribution, the letter they gave me after refusal are as follow: 

your visa application has been refuse under section 221(g) of immigration and nationality act. 
information provided in the case/interview that the beneficiary does not meet the qualifications for the visa class m, as such, the case has been returned back to the uscis with the recommendation that the petition be revoked, uscis will contact you and provide you the opportunity to respond. 
that is all the details in the letter given to me by the CO

during the interview I felt she emphasized on (why did I get married at her first visit )then I tried my best to make her understand how we both love each other for real and that the marriage was important in our life, we share greater bond before and after marriage. 
 

I accept your advice not to lie about the child. Yes I will add her to the I-I864  

 

The letter did not contain reason for refusal but laying emphasis on some certain questions made me understand that the CO is worried about the situation. 
 

I will work towards that 

thank you so much I appreciate 

 

 

[Redro 4,600]

1 minute ago, Doc B said:

@Redrothank you for your concern, I really appreciate you for your contribution, the letter they gave me after refusal are as follow: 

your visa application has been refuse under section 221(g) of immigration and nationality act. 
information provided in the case/interview that the beneficiary does not meet the qualifications for the visa class m, as such, the case has been returned back to the uscis with the recommendation that the petition be revoked, uscis will contact you and provide you the opportunity to respond. 
that is all the details in the letter given to me by the CO

during the interview I felt she emphasized on (why did I get married at her first visit )then I tried my best to make her understand how we both love each other for real and that the marriage was important in our life, we share greater bond before and after marriage. 
 

I accept your advice not to lie about the child. Yes I will add her to the I-I864  

 

The letter did not contain reason for refusal but laying emphasis on some certain questions made me understand that the CO is worried about the situation. 
 

I will work towards that 

thank you so much I appreciate 

 

 

@Doc B are you the petitioner or the beneficiary... As @JeanneAdil stated the USC petitioner needs to reply to the letter. 

Have the two of you spent a lot of time together? Before/after the petition was sent back to USCIS? I would include a lot of evidence of face time if possible. 

[JeanneAdil 6,203]

you need to be online or by phone talking to your wife to find out what her intentions are at this point

we really can not help without knowing all the issues and also what has happened in the relationship to responde

many a USC gives up at this point

and in this case, from a US woman point of view

 

she has the child she wants

she was legally married when it was born so will not look bad to neighbors and family

 

u don't do the I 864 to add the child ,  she does

all u say ,  and not knowing who  does the I 864 ,  sounds as though she walked her thru the petition

 

i had a NOID  

i could have helped  but i , too,  am very suspicious of this case

and i am out