Cr1 visa denied

[Boiler 44,874]

They can ask what they want.

[canadian_wife 1,808]

Refiling isn't really an option since the current petition only has two possible outcomes once the file is received back by USCIS.

Once the original petition dies (which it probably will) what exactly is preventing her from refiling?

[AmyWrites 593]

Once the original petition dies (which it probably will) what exactly is preventing her from refiling?

As I understand marriage petitions don't expire.

[LIFE'SJOURNEY 970]

Correct a marriage petition doesn't expire, she can formally withdrawl it and re-file. It's a 3 step process.

Step 1 contact a immigration lawyer about your options.

Step 2 Formally withdraw CR1 petition, if that is your desire.

Step 3 RE-file after CR1 petition withdrawl has been acepted by USCIS, or wait for the NOIR or NOID.

Step 4 Follow advise given by lawyer.

Edited June 3, 2012 by LIFE'SJOURNEY

[jaycali 415]

why would they ask such stupid questions?

I would see a Lawyer ASAP.

Some consulates are known to ask questions like these in all their bluntness. DR is one of those consulates.

[AmyWrites 593]

I must ask why is everyone advising she get a lawyer? Is a CR1 denial a non-DYI type of situation?

[LIFE'SJOURNEY 970]

I must ask why is everyone advising she get a lawyer? Is a CR1 denial a non-DYI type of situation?

Nope, CO didn't believe the marriage was true, she now has to prove them wrong. Someone has to fix all of the negatives to postives. Only a lawyer or some other neutral party can see the entire picture from both sides, the petitioner can't be neutral in her own situation.

[injustice401 0]

Thank you for your comment but I was told that its not a good idea to withdral my petition and refile I just don't know what to do and to get a lawyer will be hard 1 because they charge to much and 2 they all have different opinions and I don't know who to believe I guess I just have to wait

[Boiler 44,874]

What do you think?

[LIFE'SJOURNEY 970]

Thank you for your comment but I was told that its not a good idea to withdral my petition and refile I just don't know what to do and to get a lawyer will be hard 1 because they charge to much and 2 they all have different opinions and I don't know who to believe I guess I just have to wait

Most consults are FREE, no hard in listerning to free advise.

To do nothing, nothing will get done, to do something, something may happen.

Edited June 3, 2012 by LIFE'SJOURNEY

[Ryan H 3,810]

Once the original petition dies (which it probably will) what exactly is preventing her from refiling?

Approved spousal visa petitions never expire. When a spousal visa petition is sent back by an Embassy or Consulate, action on it will eventually be taken (with an emphasis on eventually).

A response to an NOIR if one is in fact issued (better than 50% chance that one will be) gives the petitioner the chance to officially respond to the findings of a CO whereas withdrawing and refiling (as well as paying new fees by doing so) does not really do that so to speak. From my point of view, it's probably better to prepare a proper NOIR response. While an NOIR response does not guarantee reaffirmation, a proper response increases the chances of reaffirmation.

For the OP:

A reaffirmed petition will be returned to the Embassy for another interview. Do realize that a second interview does not guarantee approval, people will say that a CO cannot deny for the same reason twice, that's not 100% correct. For example, the first interview was a denial for relationship non bonafide, for immigration purposes only; a CO can deny an application for that reason a second time; the difference is they cannot use the same underlying reasons to arrive at that determination, they must have a whole new set of reasons.

[injustice401 0]

Thank you so much I'll just keep gathering evidence until they send me a letter it just take so long something that suppose to be for a couple of months who knows how long it will take its been 8 months since the interview and nothing ky concern also is we want to have a child and my doctor had told me because of my age diabetes I would need to do invitro and that costs alot of money and my husband and me were both going to save up the money but now it probably won't happen because the more time passes the chances will be slim for me to conceive

[Darnell 8,478]

Here's the flow - as I understand it -

http://www.visajourney.com/forums/topic/368304-my-husband-visa-denied-what-i-do-next-please-help-me/page__view__findpost__p__5380104

but - it may be that you have some postal issues. IE - USCIS send out notices to you, but were returned back to the them because of either an address change or the usps postal carrier being a 'tardo (many are) .

So - call into USCIS on Monday, get an ISO , and ask about any returned mail pieces on you. If you do, indeed, find out that there are returned mail pieces, correct yer address with the ISO and ask for the mail to be sent to the updated address.

Good Luck !

[injustice401 0]

No its not that believe me I call every week but they don't have anything on file they say that they haven't receive our case

[Darnell 8,478]

Then I think 8 months is too long a time. Where's the casefile as of Friday? I'd be more worried about that, than anything else, alas.