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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hi...VJ's

My visa was denied(DSL-851A)212(a)(5)(A) on 6th may2008 becuase we didnt followed proper marriage procedure:

-I showed him that I did indian court marriage only.(But we did't given 1 month notice to court so this is not valid marriage as per indiancourt marriage law)

-We did hindu marriage previously while she was having GC.but at time of Citizenship she didn't showed that she is married .that is why we preffered to say that I did only court marriage,no hindu marriage after or before this ;also given in writing to CO this.

so as per hindu(as we didn't mensioned) or court marrige(1month notice not given) our marrige is not valid and CO denied visa.

CO suggested to re-marry and file I-130 again.or apply for K1.

Anyone have idea what to DO in this case now.

To refile I130 we first need to cancel current denied petation.How much time it takes to cancel this?and what is procedure.

Any suggestion Higly appreciated.

Thanks,

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

So sorry to hear your story, you could have asked the CO whether you can produce a govt certificate proving that ur marriage is Genuine or can't you submit a new registered marriage certifficate?

Cancelling and appling again via I-130 will be tougher now...again it would take another 10 months even for a interview; i would suggest if nothing else works, ask your spouse to come down & do a registered marriage fresh and file DCF in India and you will be done in 3 months.

good luck & pray that God shows an easy way out.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Very sorry to here your case.

Court marriage is not an enough as per Hindu Marriage Act of 1955 in India. Court marriage is just registration of marriage. However, consulate will accept a issued marriage certificate from the Registrar of Marriages as a primary evidence of marriage.

If you can get attorney who can prove that you are married and had concrete evidence such as you had marriage according to Hindu rites using marriage pictures then you can appeal.

Does any VJ members know how to appeal??

USCIS

02/01/2008 : Mailed I-130 to Chicago Lock Box via Priority Mail

02/04/2008 : I-130 reached Chicago 2:18 AM

02/19/2008 : NOA1

02/20/2008 : $355 check cashed

02/25/2008 : Case available to view online

08/26/2008 : Email: Case will transfer to CSC

08/27/2008 : Notice Sent: Case will transfer to CSC

09/04/2008 : Email: Case arrived and pending at CSC

09/05/2008 : Touch

09/08/2008 : Touch

09/23/2008 : Approved !!! (217 days | 31 weeks) from NOA 1 (235 days | 33 weeks) from file

09/24/2008 : Touch

NVC

09/29/2008 : NVC received Case & Case # assigned

10/03/2008 : DS-3032 & I-864 Fee bill generated

10/04/2008 : E-mail for Choice of Agent sent

10/09/2008 : I-864 Fee bill instruction received in mail

10/09/2008 : I-864 Fee bill ($70) submitted online

10/10/2008 : I-864 Fee bill shows status "PAID"

10/14/2008 : I-864EZ Package sent via priority mail

10/16/2008 : I-864EZ Package reached NVC

10/16/2008 : E-mail for Choice of Agent accepted. (12 days)

10/16/2008 : IV Fee bill ($400) submitted online

10/17/2008 : IV Fee bill accepted

11/13/2008 : DS-230 Package mailed to NVC (Had to wait for PCC)

11/18/2008 : DS-230 Package reached NVC

11/21/2008 : Case Complete (53 days | 7 Weeks) at NVC

Consulate

01/06/2009 : Medical

01/27/2009 : Interview (361 days | 51 weeks) from file

02/09/2009 : POE (Newark)

02/21/2009 : SSN Received

02/25/2009 : Welcome Letter Received

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

hello,

Just Use the DCF route and consult an Attorney specially at this time... you would need lots of patience now

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

 
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