rahill

6 hours ago, nicedamsel said:

Wow!  This is frustrating, but what is their reasons for the rejection now

6 hours ago, nicedamsel said:

Wow!  This is frustrating, but what is their reasons for the rejection now

It’s more than frustrating. It’s devestating and outrageously unjust. They don’t give you a reason. Just a generic form letter. They claim they will send the case back to USCIS and USCIS will notify you and you’ll have a chance to respond but this is nonsense. His previous interview was in October of 2017  and they did the same thing and we never received any notification from USCIS. It’s almost March of 2019 and nothing so...we aren’t holding our breath for that.

My husband had his interview today at the Ethiopian embassy and they refused to issue a visa. Again. This is the 3rd petition we have filed. The questions were standard and he answered correctly. We have endless evidence of our relationship going back almost 4 years. We even lived together for 6 months after our marriage and multiple visits. I’m completely at a loss. I’ll be consulting our attorney tomorrow but we have done everything we are supposed to do and I don’t know what else we can do. We’ve been married 2 and 1/2 years and together for 3 1/2 years. I’m outraged and disgusted by this entire process. 

4 hours ago, Gods-faith said:

My wife schedule her medical and they give her an date that is in the same week of the interview date. They told her she’ll have it for the interview. I am a little concerned about that but then again I guess they work on medical really fast now. I hope for the best for all of us. 

It really varies from embassy to embassy. Every country is different. In Ethiopia they recommend doing the medical exam 2 weeks out from the interview. 

7 hours ago, Sonu Kumar said:

U can do medical before 7 days from interview 

You’ll want to check the specifics of your embassy. US embassy in my husband’s country takes up to 14 days to process the medical. So, every consulate is different. 

Our case was complete at the NVC 12/28 and we received an interview appointment on 1/9. My husband's interview is 2/25. I know I should be excited because this what we have been waiting an entire year for but I'm only super anxious.

We've been through this process before and the embassy refused to issue a visa at the interview. (For those who are wondering, there were no red flags, no legal issues with the marriage, neither of us have been previously married, no criminal record and he answered all the questions correctly. We had tons of evidence of our relationship. We even lived together for 6 months right after we got married in his home country!) After all of 5 minutes of talking to him they simply refused to issue the visa. They never gave us any reason and they never notified us of our case being sent back to USCIS as they said they would. On the advice of an attorney, we simply refiled our petition and like last time, we have been approved at every step of the way. Now it's just this awful, anxiety inducing interview standing between us being able to be together. I wish our embassy allowed spouses to be there. I'd feel slightly better if I could just be there... We've been married for almost 3 years and I visit as regularly as time and money allows which is about twice a year. So, here's to hoping that having an attorney, lots of patience and perseverance, even more pictures and receipts of our time together pays off and the interviewer does the RIGHT thing and issues my husband his visa. I hope everyone else gets to be reunited w/ their families soon as well! All the best!

We got a question from the NVC review department about my tax return which my attorney responded to promptly and now we are waiting again for NVC to review it. All other docs were approved. I’m hoping this doesn’t take too long. It’s been a week since we submitted the clarification and as of today they still haven’t reviewed it. 

On 10/31/2018 at 3:27 AM, Token said:

I had it completed and approved all the documents just waiting for an interview date for 4 weeks now. Do you have any idea what is the usual timeframe they schedule an interviews? 

Seems to vary quite a bit depending on the embassy. Have you gotten your interview date yet? 

I am curious to know if anyone on here has had their case completed at NVC. We've submitted everything and paid our fees...just waiting anxiously for confirmation...anyone had their case complete? If so, how long did it take? thanks. 

8 hours ago, db2016 said:

hi all, just re-asking the question below, got lost in all the updates.

 

hi all, another random question. i am temporarily with my husband but still maintaining my residence in the US. when i come to fill out the affidavit of support, do i put my US address on physical address or the address i am staying at while here?

I believe you would want to have your permanent address (and the address where you intend to live with your husband in US) on all documentation. If you are simply visiting your husband temporarily, you wouldn't want mail to be sent there. 

Our I-130 was approved and was sent to the Department of State on August 30th. I have been locked out of the website since I am currently visiting my husband in Ethiopia and tried to login unsuccessfully too many times and can't reset my login without calling USCIS (which is impossible to do from Ethiopia!) so I can't speak to what it says on the websites. I did get an email notification yesterday saying that our case was sent to the Department of State for visa processing. Our NOA1 was Feb. 26th and we filed with Texas service center. On to NVC processing...6 months was a long time to wait but here's to hoping the rest of the process goes smoothly and quickly for us and everyone else waiting to be reunited with their spouses. 

I've been getting emails from USCIS every couple weeks saying "we are still reviewing your case. There are no updates at this time." Anyone else get these? I've gotten like 5 or 6 at this point. Strange. 

Hello, 

I'm looking for anyone who has experience with the US consulate in Ethiopia. I can't find any information on the website itself and I've heard conflicting information. My husband and I have been denied at the embassy interview last year and we are now refiling and our attorney wants me to attend the interview if possible. On visa journey Ethiopia consulate page it says USC spouse may not attend. I find no such info on the consulate website and I've heard from people in Ethiopia that their spouses did attend their interview so I'm wondering if there is anyone on here who has experience with this. It is, of course, possible that their rules changed and now they are no longer able to attend. Any guidance here is appreciated. 

also have the two lines...Feb 26 PD and Texas Service Center. I'd love it if this meant something meaningful. 

Hi all,

I recently got an email from USCIS saying: We are still reviewing your case and there are no updates at this time   We will notify you when your case status changes. We last took action on your case on May 20, 2018. 

I found this odd since we already got out NOA1 back in February. I asked my attorney and she said this probably just means that they finally gave the file to an officer to review. Wondering if anyone else got this email. 

1 hour ago, Dalis said:

Hello, 

 

May I ask why your case was denied? I thought being denied was very rare. Was it because of missing any papers. That is my worst fear- going through this process for a year and then getting denied.

Yeah, they don't have to give you a reason at the interview. They tell you that they will mail you an explanation but our interview was 6 months ago and we have never received any explanation. There were no missing papers and we couldn't get any additional information from the embassy who simply told us that our application was no longer there (it's also not at UCIS...still). 

Sorry. Don't mean to scare you. I do think it is rather rare (in the larger scheme of things) but Ethiopia is considered a "high fraud" country and denials are not uncommon. That said, we had all our documentation (proof of relationship) and paperwork in order, so it happens even to those who do everything "right." It was indeed our worst fears come true. In any case, we're doing the only thing we can do. We have a lawyer and we're trying again. Not giving up yet! 

16 hours ago, Taffi111 said:

Hi Rahill,

 

My priority date is the day after yours so we're in this together. My husband is the US Citizen and has petitioned for me and my daughter. So sorry to hear you were denied! That's awful. What happened?

 

They denied him at the interview after talking to him for a few minutes. They said they would send a notice in the mail giving the reason and we never received anything. There were no red flags. We actually lived together for 6 months in his home country. We had plenty of documentation regarding our relationship that goes back 3 years. We were one of the unlucky ones I guess. I've retained a lawyer who looked over our previous documentation and the interview questions and she couldn't find any reasonable issue that they could have. She called it "BS" and....anyways we are filing again with a lawyer this time. 

Hi all,

I filed a I-130 petition for my husband. This is the second time filing this petition. We've been married since July of 2016. We have been through this process before and endured the waiting game only to be denied at the embassy interview last year...But, here we go again. Received our first hardcopy NOA 2/26 and our priority date is 2/22.

1 hour ago, pushbrk said:

Yes, if it's an NOIR, you have an opportunity to respond and present evidence for reconsideration.  When somebody who understands both the problem and the solution, prepares or guides you in preparing the response there's usually a good chance of reaffirmation.  However, you will still be dealing with a bureaucracy that tends to want to defend one its own's previous decision.  Reaffirmation is fare from a visa approval, but the Consular Officials MUST consider any evidence and commentary USCIS provides with the reaffirmation documentation.

 

You need to be very convincing.  Note that evidence of things that happen between the first and second interview do not tend to be considered.  Concentrate on evidence of the relationship prior to the interview, that convinces them THAT decision was wrong, then.  Not even USCIS is going to consider, for instance that you spent another six months together between the interview and receiving your response to their NOIR.

 

Most successful NOIR responses feature a detailed but concise "Evolution of the Relationship" letter as part of a well organized "brief" (for lack of a better word) laying out both the old and additional evidence in an understandable and convincing way.  Lots of that work can be done between now and receiving the NOIR and then tweaked as needed once you see the listed issues.

RE: evolution of the relationship, yep,  we are creating such a statement with the assistance of our attorney. 

1 hour ago, jakelake said:

I do understand that certain countries like your husband's have a high denial rate. However, is it not possible that the denials are as a result of high fraud as oppose to racism and classism?

 

If a country has high fraud, then it is essential that there not be any inconsistencies or doubt about the petition of someone from that country. It is also not at the time of interview to instruct an officer of racism and classism.

 

Unless classism and racism exists only in Ethiopia, would not the vast majority of cases from other countries, particularly third world countries, be denied?

Obviously systemic racism and classism exists all over the world. I'm not even interested in getting into all the intricacies of how racism and classism are embedded in our immigration system as it is embedded in a variety of other seemingly neutral government bureaucratic processes here on this forum or in our petition, or in our response to the NOIR. This is not the way to get a visa approved. It was simply my commentary about a frustrating and broken system. Obviously the work we have ahead of us is to focus on the abundance of evidence that we have that our marriage is legitimate. That's what I'm focussing on in our case with the assistance of a lawyer. 

59 minutes ago, jakelake said:

I assume that you mean that it is possible for someone of the same race to implement racist policies against his own.

What proof do you have that this is going on? If you are going to argue against a decision then you must have proof.

 

 

So, that was just my general commentary on a broken system. I hold zero hope of proving that systemic racial and class bias in our immigration system adversely affected our outcome. That's not what we are focussing on  in our case. We are just focussing on the fact that it is a legitimate marriage not entered into for immigration purposes and, of course, anything else that might get mentioned in the NOIR if we ever do receive it. 

11 hours ago, Latonia said:

@rahill It is best to get advice from someone who has dealt with the same embassy as you and who has dealt with the same issue as you recently not ages ago because we here on VJ are to help each other and not force our opinions on any one because some people will seem like they are experts on everything concerning this visa journey but do what is best for you and ignore the negative comments 

Agreed. It is indeed the consulate processing that's the difficulty here and this is what we with the help of a lawyer who has experience with this consulate are focussing on. 

On 10/27/2017 at 9:24 PM, jakelake said:

What was the race of the officer who interviewed your husband?

Why does that matter? systemic racism and classism is what I was referring to. 

On 10/27/2017 at 9:03 PM, pushbrk said:

I said they will be more specific in the NOIR.  I'm certain I've seen more NOIR's than you have and  probably more than your lawyer as well.  USCIS will not approve an I-130 for a spouse that already has an approved I-130.  They will know there are two active petitions because you will tell the truth when asked both whether anybody has previously filed a petition for this beneficiary and whether you have filed a petition for ANY beneficiary.  Both questions, when answered yes, follow-up with a question about what happened.  To both, you will properly and truthfully answer either, "Visa denied.  Awaiting NOIR." or "Visa denied. Awaiting action on NOIR response."  When the adjudicator sees those answers he/she will immediately deny the second petition because there is already an approved petition for the same beneficiary.  

 

Yes, some Consular IV units give more meaningful and specific reasons for USCIS to show on the NOIR than others, but even then, it varies based on the case.

 

You have two viable choices.  Withdraw the first petition at the same time as or before filing the second, or just wait for the NOIR. 

 

A further caution is that if your spouse answers questions like you do, which is to avoid the specific question and answer indignantly, that in itself would often be considered reason enough to deny a visa, although they would not say that, quite the way I did.

 

Your gamble in filing a new petition without withdrawing the first is that you get all the way to an actual revocation, before an adjudicator deals with the new petition.  Since it is virtually impossible to predict WHEN you will receive the NOIR or when your response to it will be complete, it's quite an expensive gamble.  But, certainly your choice.

 

A joint lease does not in and of itself indicate the joint lessees both live there.  Anybody can leave at any time.  That's why I asked the question I did, in the way I asked it.  Lots of visas get denied with little or no reason given, UNTIL the NOIR is received.

 

If the attitude you present here, is presented by either of you to USCIS or a Consular Officer, I rate your chances of ultimate success at less than 10%.

I'm not sure what you read as indignation. You're pretty out of line being that you don't know me or my husband. In any case, you aren't actually reading my response because as I've said we are preparing a new petition right now, not filing it yet. So...again, we do not have two active petitions.  Secondly, what on earth besides a joint lease agreement that was signed by the owner of the apartment, myself, and my husband and that stated that no one was allowed to live at the premises besides us and was authenticated by the neighborhood association (as is custom in a lease agreement in Ethiopia) would be additional proof of co-habitation? We also had receipts of our time spent traveling together, hotel stays and flight itineraries of in-country travel taken together and plenty of photographs. In short, we had far more evidence of our life together going back two years than many other users on visa journey that I've spoken to over the last year. Like another user on here mentioned, the consulate in Ethiopia, which is something I have far more experience (both fist hand and others accounts) than you do, is particularly difficult lately. It is increasingly difficult to pass the consulate processing if you don't fit the mold of what they consider acceptable which is increasingly Ethiopian origin US citizens marrying Ethiopian nationals of the same ethnic and cultural background or two people of different ethnic, cultural backgrounds but of the same socio-economic background (ie. both college educated etc etc) Furthermore, regarding the NOIR, it must be consulate specific because I've talked to plenty of folks who have gone through the same thing as my husband and I at this specific consulate where they provided absolutely NO additional information other than "not a bonafide relationship." I don't particularly care how many NOIRs one has seen where that is not the case if you've never had experience with this particular consulate. Lastly, I'd caution you against, under the pretense of being helpful and dispensing advice to make character judgements about someone. It's both rude and presumptuous and not at all in the spirit of this forum's purpose. 

5 hours ago, pushbrk said:

Did you actually live in that apartment together for six months and show evidence you did so?  "Not a bona fide relationship" is a common general category of denial reasons but the NOIR will be more specific about how they reached that decision.

 

If you file a new petition, you'll need to withdraw the old one.  They won't approve two (active) petitions from you for the same spouse, because they can't approve a petition for somebody who has the same category of case already approved.  Go one way or the other, because both is just throwing away money.  If your lawyer doesn't know this, find a different one that does.

Also, I don't think you are correct that they will be more specific. I know someone who was given this as a reason for a denial of a spouse I-130 petition and no elaboration. This is also the response we got when we were denied the K-1 visa "not a bonafide relationship" and no specifics. Perhaps it depends on the consulate whether or not they chose to be specific but I'd be shocked if they feel the need to provide you with exactly the reason they think it is "not bonafide."  

5 hours ago, pushbrk said:

Did you actually live in that apartment together for six months and show evidence you did so?  "Not a bona fide relationship" is a common general category of denial reasons but the NOIR will be more specific about how they reached that decision.

 

If you file a new petition, you'll need to withdraw the old one.  They won't approve two (active) petitions from you for the same spouse, because they can't approve a petition for somebody who has the same category of case already approved.  Go one way or the other, because both is just throwing away money.  If your lawyer doesn't know this, find a different one that does.

Yes. As I said we had a joint lease with both of our names on it that went from June-December of 2016 and we supplied them with a copy. And there is no need to withdraw the petition....we won't have two active petitions. It takes so long for the petition to actually get approved we will be waiting for quite some time before it even goes across any one's desk. We are just beginning it now, so to be clear, it hasn't even been filed yet. This is a safeguard measure because sometimes, though they say they will, the NOIR letter never even gets sent. I've heard from two people who had this happen to them and the lawyer I hired has experience of this happening to clients. If they do send the NOIR and we have a chance to respond we will.