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Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted (edited)
6 hours ago, SalishSea said:

Zero time spent together in person during a ten year marriage would strongly suggest they are not.


That’s not really any of our business to say. I agree with the advice that this will be difficult, but there’s no use in time spent here telling OP that his marriage isn’t real, and to be honest it’s uncharitable at best.

 

They need to spend more time together, and this is going to be difficult. If they want to do it, they should consult professional help. Value judgments on their relationship aren’t helpful.

Edited by S2N
Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted (edited)
7 hours ago, appleblossom said:

Personally I don't see what value a lawyer would add now, that money would be far better spent on time together. And then maybe a lawyer consult further down the line when they are ready to apply again.


They have a difficult situation and a lawyer likely has seen the equivalent or more difficult. They’ll be paying for unbiased advice that has recent experience dealing with the immigration system in difficult cases. Most reputable lawyers offer consultations and many don’t take cases they don’t think they have a decent chance of bringing about a positive outcome. It looks like OP had issues structuring their presentation of the evidence last time — that’s also something a good lawyer can help with.


To be honest, I think a lot of trips with the intent of accumulating in-person time together with the goal of accumulating evidence is a waste of money if a lawyer reviews the case and doesn’t think even that would help because of the case history.
 

At that point they should consider other options like the wife moving there or moving to a third-country. Speaking personally, as the USC spouse, I’d prefer to be told there’s zero chance of a positive outcome by a professional who has worked in the field before making either of those choices because of perceived difficulties with the visa.

 

On the overall point, it’s ultimately not our choice how OP and his wife decide to proceed. I think he’s received good advice here, and should be able to weigh it when deciding what they want to do.

Edited by S2N
Filed: Citizen (apr) Country: Morocco
Timeline
Posted (edited)

OP 

your marriage was in 2015 and USC did the I 130 for spouse and u say u did send in the proof of income (late, yes , but only delays a case- not reason to deny it)

Aferwhich the case was returned to the US office -this will be the original USCIS office that did the petition work after NVC recieto ves it to be sent on

 

The USC , then has the opportunity to resond to the NOIR or NOID , she would have gotten 

she can resond with strong real evidence to dispute the issue(s) raised by the CO/ she is even given the chance to file an appeal.

 

It is not VJ members who decided the marriage was no bona fide/ it was the CO and embassy / as if they thought marriage was bona fide , u would have been issued a visa

 

It would be in the interest of your relationship for your wife to join us here 

And yes, she can go to an attorney and there are many who say they can help but all lawyers do is fill out the petition (from the documents USC provides) and mail this in .  they are not Perry Manson lawyers who have PI's to get evidence of the behalf of a cliam.  

 

And my USC wife and i do know how high fraud country embassy react and what they look at as it took us over 5 years to get my visa 

USC and u must be proactive throughout the entire process and that is lacking in your case/ she does need to spend quality time to know u well

 

and u 2 must speak honestly and discuss why she didn't respond to the NOIR/NOID 

Edited by JeanneAdil
Posted
1 hour ago, pushbrk said:

As things are and have been since 2015, this set of circumstances screams (Marriage for immigration purposes only)  Perhaps it's not, but that's how it will look to both USCIS and a Consular Officer....UNLESS....they find a way to spend significant time together, multiple times, with at least a couple months together before filing another petition, then significant additional visits between filing and visa interview.

 

An attorney cannot manufacture relationship evidence.  The couple must behave like people in genuine marriages behave.  That would represent a tremendous change in mostly the life of the the US Citizen Petitioner.

 

Divorce and trying a K-1 visa, will absolutely assure failure.  Don't spend another second thinking about that.

Thank for advise than what we do leave our relationship and spend our life as individual i am so much stress and don't know what to do she visit to attorney in indiana and I will have face time with attorney next week my wife hire the best attorney according to her which have 100% visa sucuess but our case looks climb a mountain 

Posted
14 hours ago, SalishSea said:

It absolutely is our business, as OP has reached out in a public forum for “urgent” advice.  
 

Many of us here have years and years of experience navigating the U.S. immigration system, and if anything, it has turned us into realists.

 

It doesn’t benefit anyone to sugarcoat and give false hopes.  

 

What OP has absolutely looks like a GC marriage, and no lawyer can magically change that.   

Thank you so much for advise . We have zero expirnce that time in 2015 and we did everything by own no attorney was hired  the big issue with me on that time my family was not stand behind me for marriage  that the only big issue marriage ceremony not happened otherwise outcomes probably so change now my wife  talked with attorney  have tons of experience and I wilp have face time with attorney next week and yes in 2015 visa office hand over me 221g letter and ask for me submitted w2 certificate and tax returned which i not submitted  on the time 

Posted
1 hour ago, pushbrk said:

As things are and have been since 2015, this set of circumstances screams (Marriage for immigration purposes only)  Perhaps it's not, but that's how it will look to both USCIS and a Consular Officer....UNLESS....they find a way to spend significant time together, multiple times, with at least a couple months together before filing another petition, then significant additional visits between filing and visa interview.

 

An attorney cannot manufacture relationship evidence.  The couple must behave like people in genuine marriages behave.  That would represent a tremendous change in mostly the life of the the US Citizen Petitioner.

 

Divorce and trying a K-1 visa, will absolutely assure failure.  Don't spend another second thinking about that.

Thank you so much for your advise I want to update that my wife visit attorney office last week in indiana according to her attorney is very capable and 100% percent success rate  she (attorney) told her she will talk to me next week but in first meeting with my wife attorney told it easy it been 10 years of marriage she asked her why you not  visit each other's and she say you put each other's on financial documents insurance,  bank account. But I will have meeting with attorney on zoom so then I probably ask question which you guys really help me ,, one thing I want to tell you in 2015 I got letter from embassy like 221g page asking me submitted w2 certificate and tax returned which I failed to submitted on time . Thank you so much for advise and help 

Posted
3 hours ago, Pink salt said:

Thank you so much for your advise I want to update that my wife visit attorney office last week in indiana according to her attorney is very capable and 100% percent success rate  she (attorney) told her she will talk to me next week but in first meeting with my wife attorney told it easy it been 10 years of marriage she asked her why you not  visit each other's and she say you put each other's on financial documents insurance,  bank account. But I will have meeting with attorney on zoom so then I probably ask question which you guys really help me ,, one thing I want to tell you in 2015 I got letter from embassy like 221g page asking me submitted w2 certificate and tax returned which I failed to submitted on time . Thank you so much for advise and help 

That lawyer sounds very shady… Sure, you have been married for 10 years but haven’t seen each other at all. How often do you communicate with each other? 
 

Joint finances are not required for consular processing btw. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

Posted
3 hours ago, Pink salt said:

Thank you so much for your advise I want to update that my wife visit attorney office last week in indiana according to her attorney is very capable and 100% percent success rate  she (attorney) told her she will talk to me next week but in first meeting with my wife attorney told it easy it been 10 years of marriage she asked her why you not  visit each other's and she say you put each other's on financial documents insurance,  bank account. But I will have meeting with attorney on zoom so then I probably ask question which you guys really help me ,, one thing I want to tell you in 2015 I got letter from embassy like 221g page asking me submitted w2 certificate and tax returned which I failed to submitted on time . Thank you so much for advise and help 

Are you sure the attorney is a real lawyer, not a notario? Do they do anything else besides immigration? Are they searchable on AILA?

Posted
2 hours ago, Dashinka said:

Just a piece of advice.  Be careful of any attorney claiming 100% success, or that they can speed things up.  
 

As to your situation, as others have said, if your marriage is legitimate, then you have to do the legwork to show that to others.  You do not need to convince us, but if you can, then it is possible you can actually convince those that matter at USCIS and at the consulate.  Maybe treat it as if you just recently got married, and even though a long distant marriage, there are ways you can work together to commingle the marriage, spend time together, etc. as you work through immigration.  
 

Good Luck!

Thank you so much for your advise kindly I think we delay apply for immigration process for an hour and make ties more stronger visit each other's so I can apply for visit visa there it's good idea after she visit me 

 
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