Stephanie&Sofiane

On 4/25/2021 at 10:39 PM, Khalid Mahmud said:

Congratulations! and well said every case is different from each other! Have a wonderful time with your love!

Thank you, wishing you your good news soon!

On 2/2/2021 at 2:17 PM, Far.han said:

Hru...now what is ur status on uscis??old 1 or changed...ty

Hello, I recently had notifications from this discussion, we haven’t been on in awhile. We were reaffirmed, he had his second interview in January, approved and arrived in the USA in February! We were never requested to give anything further to the USCIS or the Embassy. We did not have to provide anything more to show a bona fide marriage. The  focus of the second interview was mainly my job and my finances and our joint sponsorship. It was very simple for us and we are thankful. However, we’ve learned that each case is a little different in what is being requested after the further review. I can’t really advise on anything because it could be totally different for you or someone else. What I can say is waiting and checking in periodically seems to be best method. Rest assured there will be updates when that information is available. I still highly recommend consulting with an attorney also when a case becomes more complex.
Good luck with your case, we wish you and everyone best! 

On 1/1/2021 at 10:26 PM, Khalid Mahmud said:

Just want to know what this extended Security review is all about , my case was under refused status since March 2020 till October 2020 , they should have perform Security checks here in my city, country where I am living, working. Why at uscis?

Has anyone at USCIS or NVC been able to explain why it would be there for security review? USCIS was able to give me general information on the refusal we had, and NVC explained to me more thoroughly their role in the process, of course which is only administrative, but they had information too on what next steps would likely be. I wonder if they could answer that? 

On 1/1/2021 at 10:30 PM, Khalid Mahmud said:

My PD is 14th Feb, 2019, do you think I should once again contact uscis for current status? 

Hi, I just saw this post. Did you contact the USCIS again? Checking in with USCIS and NVC is good, if they have updates or notes they can tell you. I hope you find out something soon if you haven't already.

16 hours ago, Khalid Mahmud said:

Yes it was through senator inquiry hope to get some good news soon, and what is your line of action after reaffermation

After the reaffirmation notice on October 24 2020 I called NVC, I was told to call back in one week,,,by then they had case notes,said it was already back at the embassy and we would have a second interview. The Embassy didn't send us a notice for an interview and nothing changed on our CEAC to say anything about an interview,,it was the same refusal information from September. So we contacted the embassy around first week in November and they confirmed he will have a second interview in January. Our PD is October 2018 so we've got one of the older cases, it took a year to hear back on the I-130. Everything after moved along quickly until covid-19 of course, definitely that has contributed to longer wait times with the amount of cases there are to keep up on. 

Wishing you to hear soon, and all will be good!

On 12/31/2020 at 7:09 AM, Far.han said:

Wao...its mean thy mistakenly gave u this....so quick response..any ways good luck and soon u ll get ur interview with visa...and plz share ur experience after ur visa 🙂 happy new year 🎉 

My interview was June2019 after 13months of AP they returned my case july2020 and still nothing when we called uscis they said case is in the line...so we r v disappointed...plz pray for us.

Thank you, and we'll see how it goes and update! And thanks for sharing your timeline too,,your case is in line, they will get to it, hopefully soon for you! We waited so long for I-130 approval, an entire year, and when I called USCIS in September 2019 before it was approved the USCIS agent told me they were still on June and July 2018 PD dates, ours was October 2018. With covid-19 closing offices earlier this year things are probably still a little behind,,and the holidays. Sending prayers and good luck, and happy new year too!

6 hours ago, Far.han said:

Congratulations...u ppl are lucky....and goodluck...

When was ur interview and when its returned?

Thank you, I wish you best with your case too! We are still waiting to see how the second interview goes.

My husband interviewed at the American Embassy in Tunisia on September 16. When he was given the refusal paper they told him his wife should contact NVC in 7 weeks, 7 to 8. I called after a week to see if we could get further information, all they were able to say was the file had been received electronically and forwarded to USCIS.

On October 26 I received an Affirmation notice in the mail from USCIS with

instructions to contact NVC for further information. Our I-130 reapproval notice was dated October 20. NVC said the case was forwarded back to the embassy and we should wait on a second interview scheduled with the Embassy. We emailed the Embassy to request a case status, they gave us a new interview date in January, they said it is an appointment for review. USCIS never requested anything else from us in regards to relationship evidence or any other type of information.

Have you had any other information yet? It's definitely a lot of waiting, and so unnerving to get a refusal. We felt a little better in finding out that refusals are not uncommon and oftentimes are just due to further review or needing additional relationship proof. Just wait for what information is requested, or maybe no information will be requested after the review!

10 hours ago, Khalid Mahmud said:

A great debate for those refused on 212a 5A. I was responded by uscis that my case is under extended Security review at uscis after being returned on INA 212a 5A 

Hello, I was talking with someone else with the same refusal about whether security checks might also be included, because it's taking awhile for a response on their case and because Tunisia is among countries subject to additional security checks. We were reaffirmed quickly, within a month, so we did not have to go through congress or senate or keep waiting on responses from the various immigration departments. Our PD date is also from 2018 though, two years now.

Did you request the information or did USCIS just update you when they were ready? Did it take very long, or did you use your congressman or senator?  It's great that they gave you a reason.

26 minutes ago, Stephanie&Sofiane said:

Correct, because nobody here knows exactly what the 212a5 is for either. We started reading this thread to see if anybody did know. Since none of us really know for sure I am just sharing how our process is going after receiving a 212a5. We have been reaffirmed without being asked for any further evidence. That might be the outcome for others with the same type of refusal,  it at least gives a clue that something was simply just being reviewed and hopefully that is helpful to someone else waiting on the same type of refusal information. And while I can't say for sure, I do know that NVC required us to have a joint sponsor regardless of my current tax year being above their requirements. I'm sharing this information in case anybody else might have these factors who has received a refusal, however I'm not claiming to have any answers, and definitely the attorneys have given great advice and again if someone has a difficult case it's always best to consult with an attorney. You can call USCIS and NVC and call and email the embassy and you will get very general answers. Not everyone needs an attorney and not everybody wants one, what we have liked is they are always there to answer questions and having many resources, they've been a great help for a sometimes confusing process.

,*And while I can't say for sure,,,my best guess is that our possible inadmissibility pertains to the joint sponsorship,,,which again the USCIS wasn't aware of when the I-130 was approved. 

I am curious to know if others with the 212a5 are also going to just be reaffirmed without further information requests. If so, hopefully they share to give a little more insight into what the code is about, which seems like a general placeholder that literally just means a review as stated on the refusal. 221g is a definite request for more information but 212a5 doesn't seem to be. Best to everyone going through the immigration process.🌸

58 minutes ago, Boiler said:

I would never dissuade someone from using a Lawyer, as long as you are happy with the advice you have been given not sure there is anything anybody on this forum can add. 

Correct, because nobody here knows exactly what the 212a5 is for either. We started reading this thread to see if anybody did know. Since none of us really know for sure I am just sharing how our process is going after receiving a 212a5. We have been reaffirmed without being asked for any further evidence. That might be the outcome for others with the same type of refusal,  it at least gives a clue that something was simply just being reviewed and hopefully that is helpful to someone else waiting on the same type of refusal information. And while I can't say for sure, I do know that NVC required us to have a joint sponsor regardless of my current tax year being above their requirements. I'm sharing this information in case anybody else might have these factors who has received a refusal, however I'm not claiming to have any answers, and definitely the attorneys have given great advice and again if someone has a difficult case it's always best to consult with an attorney. You can call USCIS and NVC and call and email the embassy and you will get very general answers. Not everyone needs an attorney and not everybody wants one, what we have liked is they are always there to answer questions and having many resources, they've been a great help for a sometimes confusing process.

2 minutes ago, Boiler said:

Up to you. The information is there to be read on the USCIS site.

We've had a great experience using an attorney, and definitely the information is on the USCIS website but when you have special circumstances I think it's best to use an attorney. Thank you!

4 minutes ago, Boiler said:

Best to avoid those sort of sites, they are sadly often wrong. The I 864 and accompanying notes is the best source.

Sorry but I was given that information from our attorney first, not a site. Pretty sure they are not incorrect especially as I submitted my taxes without a joint sponsor first, and just as our attorney stated the NVC sent notice that we needed a joint sponsor. Due to my 2017 and 2018 being under requirements, despite 2019 being above. We have had an attorney from the start of our I-130 process. I trust them more than discussion boards or sites and therefore really recommend anyone with a difficult case consult an attorney. They cannot convince the USCIS or Embassy for you, but they will give you the right information, help you prepare, and advocate for you. Especially when you have someone with over 20 years experience as an immigration attorney. Best resources for guidance.

6 minutes ago, Stephanie&Sofiane said:

They request the 3 most recent tax returns and factor them all in.

https://www.boundless.com/immigration-resources/what-is-a-green-card-joint-sponsor/

A joint sponsor for a spouse is needed when the most recent tax year meets requirements but the previous two years don't. That's exactly what our attorney explained and she was correct as the NVC requested Joint Sponsor information. It would be good to know if the 212a5 could be used for this for further review, it's a general category so probably.

16 minutes ago, Boiler said:

Current income is what counts, past years is a tax filing issue.

They request the 3 most recent tax returns and factor them all in. My 2019 income was above their requirements, however due to the previous two years being under the requirements we needed to use a joint sponsor. If only the current income counted we wouldn't need a joint sponsor.  And this was something not known when our I-130 was approved. You can be refused if an officer sees information that is new since I-130 application that they think could be an issue. Still our best guess as to what needed further review.

3 hours ago, Orangesapples said:

It looks like there was a newbie working at the embassy. People make mistakes in private companies all the time, embassies can't be that different. It's annoying when it's at your expense though. 

https://www.google.com/amp/s/dartmouthpolitics.com/2020/04/01/a-critical-review-of-consular-nonreviewability/amp/

Was going to say definitely annoying and stressfulwhen it's at your expense, but at least, thankfully, USCIS gets another look at these cases first.

Here's an article too I think has some good information, and talking about mistakes by consular officers. Talks about how nonreviewability of their decisions can lead to more mistakes and also overstepping authority. Good to know so we know what to look into and consult attorneys or politicians about. 

3 hours ago, Boiler said:

It is a catchall, seems to be used most often when they do not think the marriage is valid.

I've wondered that too, but we were requested nothing further to prove our relationship. Also when my husband was given the refusal, he was told " We can't give you the visa today," basically worded in a way that led us to think they had been ready to approve but found something needing further review. He had been asked to sit down while my tax documents were being reviewed then was called back over and given the white slip.

We have quite a lot of evidence for our marriage and from the 4 months total I spent with him and his family (two separate visits) that I think it's not so much about questioning the relationship. Of course I could be wrong but given that we were reaffirmed quickly and without a NOID or any RFE for relationship evidence, it seems like they really just need to review something regarding admissibility. However the second interview will prove or disprove that I think lol. 

They do refuse alot based on suspicion about a relationship but not all refusals are based on such suspicions. At least with a 221g you know you're being asked for information. It seems the best thing to do about a 212a5 (just my opinion) is to wait and see what USCIS says and does after reviewing. 

Thank you for replying!

3 hours ago, Orangesapples said:

It looks like there was a newbie working at the embassy. People make mistakes in private companies all the time, embassies can't be that different. It's annoying when it's at your expense though. 

I have wondered if they are just saying it's not a mistake lol because obviously they wouldn't want to bring too much attention to it. At this point anything seems likely, but for us I still think it might be related to the joint sponsorship. My income is fine but for 2018 (a year they factored in) was really low due to working very part-time while finishing graduate classes. Our joint sponsor is a close family member who is retired, and the attorney said while a retired cosponsor is fine when the retirement income is over the requirements, she said it can also get a closer look. Public charge probably? Could be a newbie for sure or something technical like that. It would be sort of nice to know what the case notes said. When the NVC received our file the only notes they saw stated Applicant has a possible inadmissibility. We're just happy USCIS upheld the original approval but have been keeping all relationship proof available just in case, as attorneys always encourage.

Thank you for the reply!

46 minutes ago, Orangesapples said:

That's what the public charge issue is. Not labor certification. It looks like an error. 

True, it's applicable to public charge. But since it's being used generally, maybe they use it for various reasons at their discretion? I have read that consular officers can pretty much select refusals as they see fit but USCIS of course has authority on the decision. 

When I emailed the embassy and asked about the 212a5 and labor certification and if it could have been chosen incorrectly, the response was that it is was not a mistake. Another couple with the same refusal was also told by the Embassy that 212a5 is a general placeholder. But there is also a Miscellaneous option so I don't know why they choose one over the other. 

It's interesting how even the attorneys we and others have consulted with also don't know why 212a5 is being used as a general placeholder.

When I contacted USCIS and asked about it shortly after he received the refusal, the agent told me, as soon as I said 212a5, "They will just reaffirm and you won't be notified until you receive the affirmation notice." Our attorney had expected a NOID but it was as the agent said, there was a notice of reaffirmation sent. So it does seem like something technical and not related to needing proof of bona fide marriage. A further review as stated on the refusal. Hopefully all the 212a5 refusals are simple like that.

On 12/25/2020 at 9:10 AM, Far.han said:

Mine is july2018..

Potomac center..

Urs??

Hi, our center was Nebraska Center and our PD is October 2018. Some have told us that's a really long time, but long waits are not unusual. Our attorney said to expect anywhere from 9 months to 1 year to hear anything more after the I 130 was received. They were right! It was approved in October 2019, and from there everything was fast from NVC until offices closed due to covid-19. It doesn't take everyone a year but I was also told nebraska center is usually slow. 

As for the 212a5, we still do not know what reason it was given lol. The USCIS reaffirmed the original I130 a couple of months ago without requesting any further information from us. Now we are just waiting on a second interview. 

Since they didn't ask for anything else we are wondering if the further review could be because a) we are using a joint sponsor, something USCIS wouldn't have known when the I 130 was originally approved, or b) because while waiting his category had changed from CR1 to IR1 and maybe USCIS needed to decide if we need more evidence for that. But we really don't know what the possible inadmissibility was. We are just following instructions for the next steps now!

As for if it applies to labor certification, we still don't know that either. Our attorney said labor certification shouldn't apply to a spouse visa. That would make sense, a spouse would be a permanent resident and have a right to work rather than being a "threat" to the jobs of US citizens. Maybe they can use a labor certification refusal if they don't think the immigrant has enough work skills to provide for himself or herself and the spouse here, but I'm not sure. It seems to be used as a general category.

I hope you hear something soon if you haven't already, good luck! 

On 10/31/2020 at 11:05 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 

Read my reply to Khalid Mahmud too please,,and keep checking your USCIS profile for updates. It can take longer than 5 weeks, and there is not really a set amount of time. The embassy gives a general timeframe but it's not exact. Especially with covid-19 as our immigration attorney reminded us, the offices are still behind from having been closed. Good luck with your case!

On 10/31/2020 at 12:47 AM, Khalid Mahmud said:

The same scenario is with me my case was also returned to NVC after a refusal as per 212(a) 5A, from Islamabad embassy Pakistan.

My wife from USA contacted NVC and they said that USCIS will send you the reasons of refusal. We consulted an attorney and the attorney was also astonished upon returning on this 5A .

We have contacted the senator also let's see what happens its really frustrating. 

It is frustrating, but from what I understand now it's just another review of your documents and if USCIS reapproves everything you won't hear from them until you get a letter and an update on your profile. If they see anything inadmissible they would likely send a NOID but then you have about a month to provide more information. We have an immigration attorney we are working with, and a congressman or senator are also able to help by requesting more information. We still don't know what the 212a5 means though! Also have found out it the files can be shared several times between USCIS and NVC before you will hear from them. And also don't forget they work with priority dates, a lot of people posting I see have more recent priority dates so you might be waiting longer a little bit. Our priority date is October 2018, we applied then and we're approved on the I-130 in October 2019. The embassies and USCIS offices closing earlier in the year from Covid-19 can still be affecting wait times. Good luck, it's just much waiting! 

20 hours ago, Transcom123 said:

Many persons were denied those days under this but we reach to the embassy looks forv3 factors , age gap, sponsorship , visits number , the applicant pport occupation ,  your husband said his pprt is with daily labor which is weak occuption in Tunisia , so they are lookin to the prior marriages , we have a friend his wife is unempolyed cuz of covid , 18 years age gap she isnt his sponsor and got married on the first visit , each case is different , other persons got their visa even with 22 years age gap the wife is the only sponsor , got married on the second visa .... crazy but true ...

We applied btw

20 hours ago, Transcom123 said:

Many persons were denied those days under this but we reach to the embassy looks forv3 factors , age gap, sponsorship , visits number , the applicant pport occupation ,  your husband said his pprt is with daily labor which is weak occuption in Tunisia , so they are lookin to the prior marriages , we have a friend his wife is unempolyed cuz of covid , 18 years age gap she isnt his sponsor and got married on the first visit , each case is different , other persons got their visa even with 22 years age gap the wife is the only sponsor , got married on the second visa .... crazy but true ...

We applied btw

20 hours ago, Transcom123 said:

Many persons were denied those days under this but we reach to the embassy looks forv3 factors , age gap, sponsorship , visits number , the applicant pport occupation ,  your husband said his pprt is with daily labor which is weak occuption in Tunisia , so they are lookin to the prior marriages , we have a friend his wife is unempolyed cuz of covid , 18 years age gap she isnt his sponsor and got married on the first visit , each case is different , other persons got their visa even with 22 years age gap the wife is the only sponsor , got married on the second visa .... crazy but true ...

We applied btw

I know couples approved too where the woman is much older, and it always draws more attention when the woman is older, for any couple 🙂 I am older than my husband, I asked the attorney about how much this is scrutinized,,he said sure it will catch there attention but ultimately they will factor in other things such as what you have in common, do you share a religion, are you planning a family if you are able to...so we haven't been too concerned about age given our commonalities and we do want a child. 

We do have a joint sponsor because I was finishing graduate school and my income for 2017 and 2018 was low, but 2019 normal,,,but of course they go by the previous 3 years. I was worried it has to do with the joint sponsor but if it did, wouldn't the public charge rule be cited as the refusal, not 212a5? My mother is our joint sponsor, I was hoping it would show that yes we have family support given that one of my parents is the joint sponsor,,,they actually care. Then again I know immigration can't go by emotions. Years ago I knew someone appealing a ban on her husband (totally different case he had overstayed a Visa before getting married) and when she wrote the appeal she mentioned the serious depression symptoms she was experiencing as one of the reasons they should consider that it is hardship for them to be apart. Of course she included practical reasons too having to do with finances, work etc. And in their response they mentioned that depression was something she should treat but not applicable to hardship. I can somewhat understand their perspective but in reality there is the human aspect that you have families away from each other, spouses trying to make their lives together and it is an emotional situation...

And I think the day labor was the original poster, my husband has phone technician listed on our marriage certificate, our permission sheet from the embassy, and our applications. Do you have any idea how that career is viewed in Tunisia? You said day labor is a weak occupation.I'm just so confused in general because from everything I've read and what the attorneys have said labor rules should not apply to a spouse. That would make sense because as a spouse they would be a permanent resident and therefore have every right to have any type of job here.

I would think yes they may want more information on my previous marriage which would be easy to provide.

It's just also confusing, so like everybody else we will wait and find the reason, just seems concerning to me that a number of people are getting the same type of refusal recently so I just hope everyone gets their chance to respond to the concerns.

Good luck with your case also!

2 hours ago, Jorgedig said:

Tunisia is a high fraud/high risk country.  Lack of time spent in person/minimal visits/marrying on the first visit also do not help your cases.

Also, have you shared more of your story anywhere... I see you were pen friends in 1985, then met in person in 1991? It sounds interesting! 

1 hour ago, Jorgedig said:

Tunisia is a high fraud/high risk country.  Lack of time spent in person/minimal visits/marrying on the first visit also do not help your cases.

True, I know it is among countries labeled high fraud but it would obviously be unfair to stereotype and assume for each couple. I've known many couples approved (spouses from various countries) who married on the first visit and spent maximum two weeks together, so I don't think amount of time is always counted against a couple. My husband and I married on our first visit after months of talking online and through calls. I spent two months in Tunisia, twice. I was supposed to be there another two months starting end of March this year it the borders closed before I was to travel. Not saying they would, but the officials should understand it's not easy to make frequent visits  to another country when you work and can't take much time off,,, I basically went in between employment or when taking time off to finish graduate classes since it was online. Meeting in person is important as our attorney told me, but there is no specific guideline for how often or how long that must be. Most people do marry on the first visit if not doing a K1 because it can be difficult to spend the time and money for travel,,more practical to do it when you meet if you don't feel different about each other once you are finally together in person,,,in my opinion.

Arab and Muslim countries in general are given greater scrutiny, I understand that and that is why I found an immigration attorney to help us through the process. I would recommend using an attorney to everyone.

16 hours ago, Nockideetah said:

Was there any new information he disclosed during his interview in regards to his or your employment? My husband felt the interview went well too but she handed him the refusal. He asked for the reason and the officer shrugged her shoulder and told home to tell me to contact NVC. He also contacted the embassy later and talked with the supervisor who told him to wait 8 weeks and we would hear from NVC. We got married in October of last year and filed in January. When we went for permission they were nice about it and they even congratulated us. 
Another person recieved a refusal for the same thing a few days ago and he thinks it’s because of his age and the one visit his wife went to see him. He also stated his wife lost his job and so I question that. 
I’m wondering if it’s possible to that the embassy could use 212(a)5 for other reasons. I also wonder why just recently these refusals have been happening? 

I'm wondering too why there are these kinds of refusals now, I don't know if it has any relation to the public charge rule even though public charge also isn't mentioned on ours. It just seems like there is a lot of difficulty now in regards to money and working. He didn't tell them anything new but he also said they only asked him if he could repair phones here, he said yes of course. He was going to explain that he's also willing to find any type of job when he gets until he can do something more,,but he wasn't given much time to talk after answers. I read online that if it says further processing, they might suspect marriage fraud or think that the USCIS was wrong to approve the I 130..we are going crazy wondering what she perceived as wrong,and just waiting to hopefully get that chance to respond to the USCIS. I will need to read through and see the other that was refused,,,my husband was the 9th of 10 people interviewing when he went, everyone who interviewed before him was approved. We're happy for them but sure wondering what was wrong with his interview or our case in their eyes.