Ma Daniel

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

@JeanneAdil My husband initially denial was in 2020 and he was told by the CO that we should be expecting a NOID from USCIS. I consulted with a a lawyer who said we may or may never receive that NOID and should ho ahead and file a new petition which we did in April of 2021. We waited and waited with uncountable inquiries and didn’t get a response to the current petition. In March of 2024, I contacted my congressman who contacted USCIS and finally got the petition approved. We were also told by the lawyer that once that is approved and we get everything with NVC and he gets an interview, the CO is going to refused and then give us the option to file a waiver. But, my husband’s visa interview turned around when the CO asked him about a document he presented from Mexico that the only legal marriage he has is with me. So, he was refused on March 19, 2025 and place on Administrative processing while the contacted Mexico to review the marriage documents. We got an email from the embassy last week for him to drop off his passport and today on the ceac site it says “issued”. Hope that helps. You can PM me if you have any questions.

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

Five years ago, I shared our heartbreak when my spouse's visa was denied due to a mistake from a previous application. At the time, the negative comments and skepticism from some made an already painful situation even harder to process. But despite the setbacks, we refused to give up.  
Over the years, we navigated legal complexities, faced countless obstacles, and sought the help of a knowledgeable immigration lawyer. The road was long, frustrating, and at times felt impossible—but we stayed determined.  
And today, I’m beyond grateful to share that my spouse’s visa has finally been approved! It took patience, resilience, and unwavering belief in our journey. To anyone experiencing setbacks in their immigration process: don’t let negativity shake your confidence. Get informed, seek legal guidance, and keep pushing forward.  
If our story can be a source of hope for even one person going through the same battle, then sharing it was worth it. You are not alone—keep fighting for what matters!

From what I understand, he is filing the waiver with new petition. I’m still waiting for the NOID and since there ain’t no specific time when we gonna receive it, we decided to that we gonna file a new petition while waiting. Also, if we get the NOID before the new petition is approved, the lawyer said we gonna respond to it. Hope this explanation makes sense. Thanks

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

@Nockideetah this is similar explanation my lawyer gave me

I just came across this post as I have been searching if someone had the same refusal letter as my husband. though not from Tunisia, my husband had his CR1 visa in Cameroon on Nov 17, and was denied based on same labor code. His interview went on well until when the CO asked about his previous  B2 visa application which he had lied  that he was married to his then ex-gf. The Co stated that he was ineligible for the visa and gave him the paper that stated 212(a)(5)(A), stating his petition will be sent back to USCIS for recommendations to revoke. I contacted a lawyer as I was as confused as you. Was told even though the code is a labor code, they CO feels our marriage isn't valid because of what he(my husband) had filed in the DS160 when he applied for the B2 visa.
This is the route we were advised to take, don't wait for the NOID/NOIR from USCIS as it may take longer than expected to receive it, or probably we may never get a response from USCIS. We are getting a no impediment to marriage from the Mexican authority (as that is where my husband lives, and has a permanent resident mex. permit), then refile a new I-130, then file I-601 waiver for misrepresenation/fraud asking for forgiveness. I am using a lawyer this time since we have to include the waiver, as compared to me doing the first petition. 

From what I understand, he is gonna file it with the new I-130 petition, since we not sure when we gonna receive the NOID. Since this is brought up, I will verify with the lawyer and post his explanation. Honestly, I am not familiar with the waivers

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.

It can be frustrating trying to understand why we were denied on INA section that doesn't relate to our case. But like I replied to one of his replies, I won't put my energy trying to understand it, but will focus on the way forward and fixing this, so I get my husband over here.

The issue is he made a sworn statement for the purpose of obtaining a benefit (tourist visa) and lied on the application. Now he has to "undo" his lie. And the only way to do that is provide legitimate divorce papers from his first wife. How he would go about obtaining a divorce from someone he was never married to is what he needs to figure out. If he can somehow manage to do that legally then you will need to marry him again since your marriage is not currently legal  in the eyes of US immigration.
Do you see the issue here? According to US immigration he was legally married previously and has provided no evidence that marriage was ever ended. 

Some lines were uncalled for sir/madam. But anyway u made your point and thanks. I guess the officers/US government is aware of those lies/fraud/misrepresentation, that’s why they came up with waivers.

Some lines were uncalled for sir/madam. But anyway u made your point and thanks. I guess the officers/US government is aware of those lies/fraud/misrepresentation, that’s why they came up with waivers.

Damn too judgemental!!! I guess you won’t understand cos u not the one in the relationship. 

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.

Here. You might find these links helpful.
http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/page__p__3765493#entry3765493
http://www.visajourney.com/forums/topic/263575-my-visa-was-denied-and-send-back-to-nvc/
Keep us updated, ya?
Pertinent portion from Marc's post.
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.
So DOS uses 212(a)(5)(A) as a ground to refuse a family or K1 visa. It doesn't seem logical. But make a note
of it and save it for future reference. In my experience, these are not fatal. They are somewhat analogous to 221(g)
refusals and they can eventually be overcome.

Thanks! we decided that he attends the interview and while we continue with trying to get the police clearance. it is difficult as requirements have changed and they are asking for a consular card from the Mexican consular. 

Thanks! we decided that he attends the interview and while we continue with trying to get the police clearance. it is difficult as requirements have changed and they are asking for a consular card from the Mexican consular. 

Thanks alot! I will give him the address
 

I find myself in the same predicament. I just paid the NVC fees and waiting for it to clear, but I am requesting that his case/interview move to his birth country-Cameroon as he is currently in Mexico. Just hoping I get a reply from them before I get to fill out the DS260. Please if you don't mind to keep us updated