Nockideetah

3 minutes ago, Waitingfor10 said:

I hope it's not a glitch.  I hope it means progress.  All three of my apps updated with the same thing. 

I’m sure it’s something good, like they’re working on it for sure.

On 5/11/2021 at 10:09 PM, Khalid Mahmud said:

This clause has nothing to do with spouse visa me and one more applicant were refused under and we got NOIR, we submitted the required documents to uscis and are waiting for the decision for our cases, Normally persons with 2nd marriage with some insufficient documents get this type of refusal 

I really believe now it has to do with bonafide marriage 

On 5/12/2021 at 10:21 AM, mycase17 said:

Great news. Seems like After all Vermont is not taking so much time as USCIS processing timeframe stated it. I saw another transfer to Vermont around March this year that was approved. Please also update your timeline as well. 

Yeah, I think Vermont is moving a little quicker again. 

5 minutes ago, Waitingfor10 said:

So our case was "touched" I believe today. In my app it shows the same message was sent again today "Case was Received and a Receipt Notice was Sent." 

The first time they sent this message  back last year it said "Emailed" instead of "sent" another user in our forum here pointed that out.  But could it mean they are doing something with our case, why else would they send out the same message again? It happened to several cases that I follow in my app. Only I can't tell if their case is in Vermont, but it happened today.

 

Has this happened to anyone else before? Just curious..

I’m curious to know about messages like that too because it seems everyone I know received messages I never got. Maybe it depends on the workers the kind of messages sent out 🤷🏻‍♀️

Receiving another approval after the NOIR, what happens?

31 minutes ago, Lena03 said:

I feel you. It's hard to see people getting approved within weeks or months max.  I was told that country of the beneficiary matters (but that wouldn't apply on your case) and then each case is different with so many variables. My last name is Ruiz.  I hope you we all hear something good soon

Knowing that it depends on the country makes me feel discriminated 😢

16 minutes ago, Khalid Mahmud said:

Yes! Same answer 

Thanks 

I can’t remember your refusal date but, I was told to wait at least 120 days from when the USCIS received it back. I don’t think that includes weekends.

5 hours ago, Khalid Mahmud said:

Oh ! Then update us too when you got any information from uscis as your case Is older one from ours

Have you tried contacting the senator again? 

32 minutes ago, Far.han said:

No...islamabad...

Which is your service center??

Vermont 

On 9/20/2020 at 10:55 PM, Nockideetah said:

I am curious to know how this was resolved. My husband was denied under the 212(a)5

I’m still waiting on USCIS, they said they haven’t received it yet

2 hours ago, Far.han said:

I also get 212a5a in july...

in Tunisia?

33 minutes ago, Khalid Mahmud said:

Yes 221g after interview and 212a 5a refusal letter 

33 minutes ago, Khalid Mahmud said:

Yes 221g after interview and 212a 5a refusal letter 

33 minutes ago, Khalid Mahmud said:

Yes 221g after interview and 212a 5a refusal letter 

33 minutes ago, Khalid Mahmud said:

Yes 221g after interview and 212a 5a refusal letter 

That's interesting. What was the 221g for?

6 minutes ago, Khalid Mahmud said:

Please accept my apology on my reply to you, you are nice one. 

So you said you have both 212a5 and 221g?

6 hours ago, Khalid Mahmud said:

This can be your thought but we have received the 212a 5A , do you think we are joking ????

I didn’t say you’re joking. I replied to someone else. You said you have 212a5 but said you also have 221g. I’m trying to understand.

2 minutes ago, Ma Daniel said:

lol, good luck and please us updated if you do

Thanks I will! 

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

No I haven't but I have been working on other proofs and uploaded them just in case it does have to do with bonefide marriage. Yet, I still want to figure this section out lol. 

1 minute ago, Ma Daniel said:

I am not gonna waste my trying to contact them as it is stated at the bottom of the letter not to contact them. I will focus my energy on the next step than trying to figure out why this section was used for his denial. While waiting for the NOID, we will try and get a document from Mexico stating he was never married to his ex, also hoping his ex will be willing to give an affidavit to back that up, and proofing that our marriage is bona fide.

Oh I didn't know that. I read somewhere we were able to request information and so I wrote to them but their answer was vague. I got the senator and congressman involved in hopes of an answer. I think what you are doing is good. The process is frustrating and stressful. I hope it all works out for you!

1 minute ago, Ma Daniel said:

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

1 minute ago, Ma Daniel said:

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

1 minute ago, Ma Daniel said:

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

I'm just trying to figure out how it falls under the 212a5. Have you contacted the embassy for clarification?

2 minutes ago, Ma Daniel said:

Yes, it was. My husband's interview was Nov 17

Could it be like everyone else says "age gap", "married on the first visit" or "not enough time visiting"? And there are no issues with your employments?

3 hours ago, Ma Daniel said:

I hired one already and they are working on getting a letter of no impediment to the marriage my husband had claimed when he got the visitor visitor, we also doing a new petition, and if we get the NOID from USCIS, we gonna respond as well. The lawyer is also filing a waiver I-601

Was your refusal a 212a5 too? When was your interview?

On 10/31/2020 at 10:05 AM, mamadouch said:

i had the same reason refused 

the office of ambassy say to me that uscis will contact after 5 weeks but nothing happen 

Have you recieve an update yet and when was your interview?

1 hour ago, Boiler said:

It is when the CO refuses your visa and gives you the opportunity of filing a waiver. no waiver for a NOID.

Oh ok, I thought you complete a waiver after you receive NOID.

On 12/4/2020 at 9:40 PM, Khalid Mahmud said:

I am refused on 212a 5A after seven months of AP , beside that I also got 221g (white) after my interview 

So have you resolved the 212a5 or is it still under review? And what did they say about the 221g?

On 11/1/2020 at 11:19 PM, Jorgedig said:

This sums up why this may be happening more.......                It was from the 2011 thread posted by Paul above:

 

Concerning the labor-certification rationale for a family visa refusal, a consular officer in Guangzhou wrote: 

Quote

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

I thought this would fall under a 212(a)(6)(c)(I) for fraud and misrepresentation. 

1 hour ago, Ma Daniel said:

I hired one already and they are working on getting a letter of no impediment to the marriage my husband had claimed when he got the visitor visitor, we also doing a new petition, and if we get the NOID from USCIS, we gonna respond as well. The lawyer is also filing a waiver I-601

How are filing a 601 when you haven’t gotten a notice from USCIS with reasons behind your denial? I thought you file that until you receive a NOID 🤔