lutz

On 4/18/2017 at 9:18 PM, LadeanB said:

It is so discouraging!! My husband was denied his I130 visa back in Aug 2016 and it's been sent back to USCIS but we haven't heard anything and we don't even know why he was denied. 

My husband's was denied in September 2015.  USCIS received it March 2016.  It was reaffirmed December 2016, sent back to the embassy.  Only heard that the embassy touched his file in March 2016, and again in late April.  You are in for a painful wait, I am so sorry to have to tell you.

If you want help, you need to provide more details.

I am sorry to read your husband was denied.  It is a shock.  But now, you will have a long wait.  Your husband's file will go back to USCIS.  This is what happened to my husband's file, and it took 13 months from the date of his denial to the time the USCIS reaffirmed his case.  It then took another 4 months for the embassy to touch to file once the USCIS sent it first back to NVC, then back to Ghana.  Be prepared for a long wait.  It's unpleasant, but there's not much you can do.  As others have said, at least get your congressperson involved.  They can get information you may not be able to.  I tried to have them intervene before his file was sent back to the USCIS, but wasn't successful.  You can at least try though.  Good luck, stay strong, and stay connected.  As others have stated, this is a very difficult embassy to get through.  Couples have been denied for even less it seems to me. 

2 minutes ago, nyala62 said:

Good job. Yes It is holiday today in Ghana.....and the Embassies too will be closed till tomorrow. let's hope for the best in this coming days.

Thank you again Nyala.  Being able to communicate with you and others on this thread make this process bearable.  

5 minutes ago, nyala62 said:

lutz did you send the email to the Embassy as promised?

Yes, I did.  I sent it late Friday.  I just spoke with my husband, and he tells me many businesses, banks, etc. are closed today in Ghana.  So maybe the embassy is too.  But I don't expect them to answer me too quickly.  I re confirmed his phone number to them in the email.

On 4/15/2017 at 8:06 PM, nyala62 said:

Ok good. hope your hubby gets a call next week for the packege.

Thank you.  We are hoping too.

Just now, nyala62 said:

lutz , So two people including me? Yes try to send an email or call them in Ghana if possible, but I'm pretty sure you will hear from them by Monday if the status on CEAC website has changed. We pray for the best for every one in this journey.

Yes, Nyala, you and another.  I know it's late there Friday, but I just sent an email. 

4 hours ago, nyala62 said:

You mean the his status on ceac website was updated to AP from Expiring Soon since March 21?,,,Ours just changed to AP 2 days ago, on April 12. And my wife received a call from them the same day to come on Wednesday. Let's hope for the bast for all

Well, that is worrisome.  I will send an email on Monday.  Two people have already been contacted who are in the same situation, but my husband has not.  Yes, the CEAC status changed from expiring soon to in AP on March 21, 2017.

On 4/7/2017 at 8:38 PM, nyala62 said:

lutz and all reaffirmed VJ members, what is going on with the cases so far? Any development? It's been to long

 

My husband is still waiting for his call to come to the embassy to get his packet.  Our case was also reaffirmed in December 2016, and now I see that two VJ members, whose cases were also reaffirmed in December, have gotten calls.  I am praying my husband gets his call soon.  On the CEAC website, it states his case is in AP since March 21, 2017.

This entire process is not for the faint of heart.  You sound frustrated yes,  but as others say, you will need to calm down and take the attitude of overcoming one challenge after another.  As one poster wrote, send an email, if they don't reply, keep sending until you get an answer.  Google your questions in addition to looking here on this great site.  Good luck, it's a long road, and your patience will be tested time and again.  Sorry to say, but you'll have to become accustomed to it.  Just keep plugging away and you will get the answers you need. 

3 minutes ago, bravagreen said:

We were reaffirmed on 7th September, 2016 and the case was sent to nvc on 23 September, 2016. The nvc said they sent it to the embassy in November. And the embassy sent the letter in February and sent me email in march

OK, thanks for letting me know.  It gives up hope.

1 minute ago, lutz said:

Congratulations!  Can I ask when your case was reaffirmed.  I sort of remember your posts, I believe it was in October 2016.  I ask because my husband's was reaffirmed in December 2016 and would like to compare wait times.  We haven't heard anything yet.  

Never mind, Bravagreeen, I see from previous posts your case was sent back to Ghana in November 2016.  

On 3/29/2017 at 1:36 PM, bravagreen said:

Hello VJ family, My case is not new here as usual. I received my package for interview for my reaffirmed CR1 case. My interview will be in 3 months. Any suggestions and advice as to the way forward will be appreciated. We sent them a lot of evidence before the case was reaffirmed and I am going with some more evidence also. Also do we need to pay another fee for the interview? Because on the letter it talks about immigrant visa fee, or is just a general statement for those who have not yet paid their fees? So those who have their reaffirmed case stucked and don't hear nothing should just relax as the embassy will send a letter, call and also email you. Ebunoluwa looking forward to your assistance. Thank you all and I will keep everyone updated.

Congratulations!  Can I ask when your case was reaffirmed.  I sort of remember your posts, I believe it was in October 2016.  I ask because my husband's was reaffirmed in December 2016 and would like to compare wait times.  We haven't heard anything yet.  

On 3/30/2017 at 3:25 PM, Ebunoluwa said:

Spousal visas do not expire. So for the I-130 you are fine, it will not expire but a I-129 fiance petition will be allowed to purposely

expire without review. In some cases USCIS will not send a NOID/NOIR letter for rebuttal to the petitioner and that step is skipped,
they will forward it back to the embassy where they will determine to either hold a second interview or return the petition a

second time. The process is long yes, 18 -24 months.
The best thing is to accept what you can not change, live your lives and visit often. The hard part is not knowing where exactly

exactly your petition is when waiting in queue for the next step and you can contact your senator 3-6 month from now to inquire
if Ghana has returned the case or is still sitting on it and if they have not returned it request that they do return it through the senator's aid.

Every 3 months or so during the entire process the senator can check on your case status. They can't over rule it, may in some cases

cause it to be worked on a bit faster but mostly it has no influence except you know where your case is. (Embassy, NVC,USCIS

and back again). The worst you can do is obsess about the time table and get yourself all depressed.
Research and understand the process yourself so you won't be swayed by so and so that this and that....well research it for yourself,
there are many return/reaffirmation threads for reading available. If you know and understand the process it takes away

anxiety of the unknown. Educate and lead others with facts through the process and don't follow any given advice blindly.
Know the facts.
It took us 5 years, about 16 months in AP and a returned K1 to finally be together so I get it how hard it is.
You will survive and hopefully in 1 1/2 year you will be together. Collect every shred of relationship evidence, espsecially

from visits and communication for ongoing bona fide proof. Have daily skype cam chats. Stay connected.
 

 

Hello, you have written that the USCIS can skip the NOIR, then the embassy has the choice to either schedule a second interview or return the petition a second time.

I am confused about this.  I believe the embassy cannot send the petition back again without giving the second interview.  They cannot send it back for the same reason.

May I ask where you got the information that they can either schedule a second interview or just send it back.  I am concerned because when my senator inquired about our case, the embassy said it was sent back again after being reaffirmed, but then someone pointed out this cannot be.  I believe the embassy made a mistake and told the senator about the FIRST time it had been sent back to the USCIS, right after the initial denial, because they were the same months, just different years.

I am sorry this is happening to you.  My husband was also denied at the Ghana embassy.  His case was sent back to USCIS (it took over a year for us to hear from USCIS).  

For our case, we were re-affirmed without being issued an NOIR (notice of intent to revoke).  Many are issued this NOIR, but we weren't, which I'm glad about.  When my husband was denied, the CO checked nothing on the checklist and did not give him a reason for the denial.

His case was sent back again to Ghana, and we are awaiting word for the second interview.  We are waiting now 3 months to hear anything from the embassy.  The NVC sent it there at the end of Dec. 2016.

I am sharing this to  to prepare you for a long wait now.  There really is nothing you can do except wait.  I agree with the other posters.  While Facebook may have played a small part in the denial, it's probably the quick courtship and wedding.  

Do not give up hope.  Stick together.  If you really love each other, you will get through it.  I sometimes think the embassy does this to see which couples will fall apart and prove their suspicions.  Of course, the ones that are not real will fall apart, but the real ones will stick through all this.  

12 hours ago, Jenilyn and Awal said:

Praying for you dear. They told me mine was reaffirmed at Uscis then NVC said no wS not gone through there then Accra said no this was 6 months ago. So breathe and pray and go visit. 

Thank you for your kind words and I wish you the same.  However, for the reaffirmation, you can check that right on the USCIS website.  For mine it was clearly stated that it was reaffirmed.  Then, the NVC said it was sent to Ghana, and even had a supervisor confirm this.  I do think what they told the congressperson's rep was a mistake, as someone pointed out yesterday.  They (at the embassy) probably looked quickly and saw that my husband's case was sent back the first time to USCIS in February 2016.  That was the last update, so they told the rep that.  I don't think they can sent it back without giving him that second interview, there would be no new reason, since they haven't even spoken to him.  At this point, We are going to wait patiently for word from the embassy.

1 hour ago, bravagreen said:

For me I think is not convincing what the congressperson told you. You know since the embassy haven't enter your case into their system it will still be reading the last return of the case. Probably they checked and realised the system still says your case is been returned and that is exactly what they will tell the congressperson. Exhale and relax because I am sure your case is not returned. The embassy will not return a case without interview, how about that? This congressmen, uscis,nvc, the embassy and sometimes some of the immigration lawyers can always give you false information. 

But they gave him a definitive date, however the date may have been February of last year when they first sent it back to the USCIS.  Maybe someone just read it quickly, carelessly.   They told him it was sent back February 21st, but |I do know they sent it back the first time in February of 2016.  Well, you've given me some hope.  However, my CEAC update has been updated on March 7th, and it still says that the visa is expiring soon.  I've confused all around.

1 hour ago, bravagreen said:

For me I think is not convincing what the congressperson told you. You know since the embassy haven't enter your case into their system it will still be reading the last return of the case. Probably they checked and realised the system still says your case is been returned and that is exactly what they will tell the congressperson. Exhale and relax because I am sure your case is not returned. The embassy will not return a case without interview, how about that? This congressmen, uscis,nvc, the embassy and sometimes some of the immigration lawyers can always give you false information. 

Really?  Ok.  I did call the USCIS and they don't have it, at least that's what they told.  I'm so disgusted with it all.  Like you say, I'll just relax, exhale and wait.  thanks.

1 hour ago, bravagreen said:

But please how did you know and certain that they have returned the case without you attending interview? Because wen you follow the ceac system it can be deceptive sometimes. 

True. I was shocked when I heard where the file was.  I had been emailing, even FedExing the embassy, and they kept telling me they did not even have the file there at the embassy.  This was all the way up to the 5th of March.  They even sent an email to my lawyer, saying they did not have the file there.

Then, just yesterday, my congressperson's rep called me and he is the one who told me what was going on.  I would not have known anything without his being able to get in touch with the embassy.

Have you been trying to contact the embassy?  Have you involved your congressperson or Senator?  If not, you should.  It seems the only way you will get the real story.

15 hours ago, O&GForever said:

Was your case reaffirmed after you submitted additional evidence to the USCIS or without additional evidence needed? 

 

This is just a thought. But I would guess if the USCIS reaffirmed it with out additional evidence to address the embassy's concerns that may be why it was sent back again. 

I agree.  No NOIR was issued.  We didn't even know exactly why it was denied in the first place, nothing was checked on the checklist.  Well, it's on it's way back for round 2 at the USCIS, what can we do but wait again?

9 hours ago, nyala62 said:

lutz you need to confirm this information by calling USCIS or NVC 

I called the USCIS yesterday, and they could not confirm they have the file, but said it may take a couple of weeks for it to be put into their system.

10 hours ago, Ebunoluwa said:

Lutz, without going into the details no one can give advice on how to proceed.
It has to be new evidence they are using and claim USCIS has not seen during the initial reaffirmation.
They can also sift through new evidence you may have submitted or they did a field investigation/home visit

to bring another issue.
Also very possible that if USCIS did not request a response to a NOIR/NOID from you then that could be why the embassy

send it back again. There isn't anything to do for you except keep visiting, keep up with ongoing evidence and keep
having the senator check on it periodically. So sorry for your troubles. Hang in there !

Thank you for your supportive words.  No need to go into detail about the reasons again, but your answer does make sense.  Maybe the embassy was expecting the USCIS to issue an NOIR/NOID, and when they didn't and simply reaffirmed it, they didn't go for that and sent it back.  

4 hours ago, bravagreen said:

This is confusing because ours and a lot of others that got reaffirmed in September and October have not have interview yet and how come yours was called so fast and denied?. And if there was a second interview then I think the only way you would get help from this resourceful platform is to openly say it all what the issues were at the interview then a lot of people would offer analysis and possible suggestions to help your case.

 

My husband was not called for an second interview.  His case was just sent back to USCIS without a second interview, which is why we were surprised that they would do this without even speaking to him again.  

It wasn't revoked.  It was reaffirmed, sent back to the embassy in Ghana, and they turned around and sent it back to USCIS.  Thank you for the info about not being able to deny on the same grounds, but how can they justify new grounds, they haven't even spoken to my husband.  

2 minutes ago, nyala62 said:

lutz, why don't you call USCIS and NVC yourself to find out if true your case was sent back?. And did your case status change or it is still the same: EXPIRING SOON?

I just checked.  It still says expiring soon, and the latest update date is yesterday, March 7th.  So for that reason, I believe the congressperson when he says that it has been sent back.  I am going to call USCIS and confirm, but I'm pretty sure the embassy sent it back.  Seems like they don't like women petitioning for the men there.  I understand we have an age difference but I've seen many cases where there wasn't an age difference, but whenever it's a woman petitioning for a Ghanaian man, they are getting denied.  That's just my take on all this.