lutz

Hello VJ members,

I have a question about CR1 to IR1 visa.

My husband was denied his CR1 in Ghana in September 2015. The case is back at USCIS now, and we are awaiting a letter from them to state exactly why he was denied, so that it can be addressed with more evidence.

My question is: When I filed for him, for the CR1, we had not yet been married for 2 years. Now, we have been married for over two years (married in May 2014).

The case is with USCIS. What will happen from this point? I know that if a couple is married for over 2 years, the beneficiary can come on an IR1 visa, but when I originally filed, it was a CR1.

Thank you for anyone who has information about this situation.

Thank you. Yes, it may have been the age difference. But we are together, and staying together, so eventually all will work out. Just waiting for the official reason for the denial, then we can counter it.

Thank you very much for this. We have to keep the faith!

You really do not have to wait for the letter

it will say you can appeal but appeal costs $110 and takes long

our marriage was reaffirmed as bona fida in our appeal and they said reapply

so, reapply now and don't waste time

by the time your case gets to interview stage, you will have the denial letter and can address whatever immigration says is a problem

like in our case "they said he didn't know what books i read"

he was not asked these questions after the appeal

Hi Adil & Jeanne,

I've read your post and just have a quick question.

Is it still possible to appeal a CR1 denial? I thought I read on another post that that is no longer possible after a year or so ago.

Thanks,

Lutz

I'm sorry you are going through this. Your case sounds almost exactly like ours. We have property together, had a lot of evidence, used a lawyer, etc., but my husband was denied.

He was given the 221g letter, and checklist. The checklist had nothing at all checked. He also kept asking why he was denied and the woman would not tell him, just told him I, the USC spouse, can fight it. She sent it back to USCIS. It took exactly 6 months to get from the Ghanaian embassy back to USCIS.

Now we are waiting on the additional 6 months to get word on what exactly is the problem. I met with my lawyer, and he said (I don't know how much to believe him), that having nothing checked is actually not as bad as having some kind of reason outright written as a denial.

I agree, get your congressperson involved. I did that, as well as sending letters to the embassy asking for another interview right away. It didn't work, but at least there is evidence that I didn't let it just slide by.

I really am sorry, I know it's like a punch in the gut to get a denial. You and your partner have to stay focused, strong and patient. I don't think there's anyway not around the wait for USCIS to tell you what the issue is. It will take a year from the time of denial for you to receive this (at least).

I had my lawyer file a Request for Action with the USCIS, sending in lots of additional evidence before knowing what the reason was for denial, but it has not helped.

Beginning of September 2016, it will be 6 months since USCIS has received his file back from Ghana, so then I can take action. I'm just telling you all this because it is very unlikely the time frame will be any less than one year now for you both.

I'm sorry you're in this predicament. About lawyers, please do your research before handing over your money to him or her. Yes, use a lawyer, but do research to make sure it's a good lawyer.

My husband's CR1 visa was denied after having waited one year after initially filing the I130. It was denied in September 2015. It was sent back to USCIS, where it now is, awaiting review. It reached USCIS on 4 March 2016, so hopefully, soon we will get word on why he was denied.

My question to the folks here on Visa Journey is about length of time married. There is a large age difference between my husband and myself. I am older. We married in May of 2014, so have now been married over 2 years, though I applied for him on the CR1 prior to our 2 year anniversary.

I lived in his country of Ghana for almost a year with him. Though we've been physically separated now, I'm in the USA, we communicate everyday. It's too expensive for me now to travel there, and work does not allow me to do so.

When he received the 221G, nothing at all was checked on the checklist. Though I don't know exactly why he was denied, I gathered a lot of additional evidence, submitted to my attorney and he in turn submitted it to USCIS with a Request for Action. I have heard nothing yet from USCIS why he was denied, but the lawyer said sometimes submitting this request helps.

After all that, my question is: Does length of time being married favor us? I mean, we are sticking together through all this. Does the USCIS recognize this as part of a commitment? Has anyone had a similar situation?

Thank you for any light you can shed on this for me.

This is all great information. Thank you all. It's a very stressful situation to be in, so I wish everyone the best, and I wish my husband and I the best also!

Hi everyone thanks for the information my wife just had her visa denied June 23rd 2016 is it too early for me to contact tha ombudsman. Or do I have to wait 30 or 60 day.

This is great information about the ombudsman, thank you so much for posting it. I would like to add though, to the comment above, You may have to wait much longer than 60 days if your wife's visa was just denied.

When it is denied, the embassy sends it back to USCIS, which takes 6 monhts (and it took exactly 6 months for us, for my husband's file to reach the USCIS). Then, once at USCIS, it takes another 6 months for them to review it before they will issue the NOIR or NOID.

I believe the OP was asking about how long it would take AFTER the NOIR / NOID was responded to by the petitioner. There the OP was told no time frame, but the other poster, who got the ombudsman involved, was told 30 - 60 days. That's how I understood it.

But waiting between the denial at the embassy and the file's return to the USCIS will take at least 6 months. I don't think there's any way to speed that up, unfortunately.

Hi everyone thanks for the information my wife just had her visa denied June 23rd 2016 is it too early for me to contact tha ombudsman. Or do I have to wait 30 or 60 day.

This is great information about the ombudsman, thank you so much for posting it. I would like to add though, to the comment above, You may have to wait much longer than 60 days if your wife's visa was just denied.

When it is denied, the embassy sends it back to USCIS, which takes 6 monhts (and it took exactly 6 months for us, for my husband's file to reach the USCIS). Then, once at USCIS, it takes another 6 months for them to review it before they will issue the NOIR or NOID.

I believe the OP was asking about how long it would take AFTER the NOIR / NOID was responded to by the petitioner. There the OP was told no time frame, but the other poster, who got the ombudsman involved, was told 30 - 60 days. That's how I understood it.

But waiting between the denial at the embassy and the file's return to the USCIS will take at least 6 months. I don't think there's any way to speed that up, unfortunately.

Thank you. I am proactive, calling into the USCIS about every 2 weeks. so far they just tell me that I must wait for word from USCIS. It has not yet been 6 months since they received it from the Accra embassy. (2 more months and it will be 6 months.)

If they send it back to the embassy, wouldn't they have to make an update to the website status? I know you said to get the congressperson involved, but if they do send it back to the embassy, how will I know that? I mean, shouldn't there be an update any time the file is touched. Thank you for your response. It had detail which I needed.

Unfortunately, that's what I thought. Thanks.

Yes, I understand it takes about 6 months to get an answer. My question is, will it help to make the Info Pass appointment before the 6 months has passed?

Hello, I don't know too much about Info Pass, so would appreciate some advice. My husband's CR1 visa was denied in September 2015. It was sent back to USCIS, and arrived there on March 4, 2016.

Of course, I keep checking the status and have called in a couple of times. The website status just states the case is being reviewed and we have to wait.

Would my making an Info Pass appointment and going to a local USA office help me get answers, or will it be a waste of time? Anyone with experience out there with this situation?

Thanks.

I am happy you got this news, but something sounds strange to me that your case was sent back to USCIS, but somehow stopped at NVC and then from NVC was sent back to the embassy in Ghana.

I write this because my husband's case was also sent back to USCIS after his interview and denial. We did get an update from USCIS that the case is received and is being reviewed.

Be careful, because the NVC woman may be talking about the INITIAL approval from USCIS. That's what happened to me. I contacted USCIS to get info, and they say, "Oh yes, your petition was approved." Yes, it was approved initially, went through the system all the way to the embassy in Ghana, then was denied and sent back.

You may have to be very, very specific that your case was denied and sent back. Just my two cents. Good luck. This process is not for sissies!

Don't let the ones who jump on you for your situation get to you. It happens here on VJ, in spite of all the good advice that can be found. The best thing would be to try and find low cost health insurance at this point. It will take a lot of research, but I believe if you put the time in, you will find it. Best of luck.

Hi all,

Want to give you guys an update on our case. Husband had his interview at the Ghana Embassy on 4/13/2016 but was denied. We got an email from USCIS today stating they received our case from NVC and is under review and will notify us by mail when done.

Should we hire an attorney now? Or what to see if USCIS will automatically reaffirm and send case back to Ghana Embassy?

Any advice will be helpful

Thanks

Some say not to spend money on a lawyer, but my husband and I have also used one from the beginning. He too was denied, and his case is now back at USCIS. It's just my opinion, but having a lawyer guide you through this denial cannot hurt and may help, to show you are serious about your relationship.

How people love to attack. If you have concerns about he way the petition was written, instead of hurling insults, why don't you give the writer some constructive criticism?

My husband and I get this all the time. Don't be upset about it....look at it as an opportunity to weed out the people who say these types of things to you. Cut them out of your life if you can. You need supportive people not untactful rude people like this.

There is a group of us that have been denied and or put in AP taking our stories to the media. What Ghana is doing is totally wrong. When you can sit and watch other embassy's giving out visas left and right and Ghana is making up their own excuses not to approve anyone. Perfect amount of evidence, answered all the questions, multiple trips to Ghana and still they will deny. Its time we stand up start contacting the Attorney Generals Office file complaints, notify the media. Things in Ghana aren't going to change until we make it change.

I am so sorry for you. The exact thing happened to my husband. We used a lawyer, had so much evidence, we own property together and still he was denied. I don't know if if was KM - my husband said the interviewer was not really rude, and was around 30 years old. Anyway, he was given a 221 g with nothing written on it. When he asked the reason for the denial, he was told it is going back to USCIS and i (wife, USC) can fight it. What is going on at that embassy? What can we as US citizens do? Really, this is our government and we are being treated like this. Can we band together? I am willing to do so. His case is now back at USCIS. We are awaiting word on what the reason is for denial. I originally filed for him in Sept. 2014.

Ok. Thanks.

Hello, my husband's case was denied in September 2015 and has finally made it back to USCIS. I received an email notification on 4 March 2016 that the case is being reviwed again by USCIS. Does anyone have any idea how long it takes for them to review and contact us as to whether it will have an NOIR or simply be reaffirmed and sent back to Accra embassy? Thanks.

After such a denial it can take agessss for the case to be returned and then you have to wait for an official letter from USCIS so you can appeal it. Save yourself the time and file a new case. Was it denied at interview stage? Were there any issues?

Very sorry you had a denial and wishing you approval on the next attempt.

Hello, thank you for your post and suggestion. However, because it is a CR1 visa (spousal visa), it never expires like a fiance visa. I don't think I want to do that, I mean refile. I'm just wondering about the time frame, if anyone has had this experience with a spousal visa denial.