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Filed: Citizen (pnd) Country: Morocco
Timeline
Posted

I know first hand. Yes they can and do deny married couples. My husband and I were denied on a CR1. They don't always have any logic to it. Ours was pretty apparant however. They asked my husband if he had family in the US. He said yes, a sister and an ex brother in law. The consulate got confused and assumed that the 2 were married at one time for immigration purposes, so they asked why they got divorced. He told them that they didn't get divorced, the sister is still married to the man that petitioned her and the ex is from a different sister that has never been to the US.

Now at that point if the consulate was reasonable they would have given us the opportunity to bring in proof, but they denied us and sent the petition back to the USCIS for revokation. We fought it and won, but it added an additional 15 months to our process. We contacted both the congressman and senator for assistance, but it took some time to get one that was pro active enough. Our senators liason finally got through to the consulate and explained the situation, and they admitted to her they made a mistake, but it was too late, the file had already left.

After the reaffirmation of our petition they sent it back to Casa for his second interview. I was expecting a fight and had a file like no other prepared. I flew out to be with him for his interview, even though I knew they wouldn't let me in. The second interview was a mere formality however, they just wanted updated medical, police report, and I-864. He was not asked one more question on our case and he got the visa.

This may be rare, but it does happen. The key is to figure out all of your red flags and be prepared to have explanations and documentation to back you up. And yes, get your representative in your corner now.

All in all a person on here gave me sound advice. Hope for the best and prepare for the worst.

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted
you usually can call , write or email, you first get the legal paper saying they can speak on your behalf for your case. You tell them about your case and let them know tht in the future you may call upon them for help in finding out things etc...

Ok.... I'll start the research now. Thanks brnidokiegul.

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted
I know first hand. Yes they can and do deny married couples. My husband and I were denied on a CR1. They don't always have any logic to it. Ours was pretty apparant however. They asked my husband if he had family in the US. He said yes, a sister and an ex brother in law. The consulate got confused and assumed that the 2 were married at one time for immigration purposes, so they asked why they got divorced. He told them that they didn't get divorced, the sister is still married to the man that petitioned her and the ex is from a different sister that has never been to the US.

Now at that point if the consulate was reasonable they would have given us the opportunity to bring in proof, but they denied us and sent the petition back to the USCIS for revokation. We fought it and won, but it added an additional 15 months to our process. We contacted both the congressman and senator for assistance, but it took some time to get one that was pro active enough. Our senators liason finally got through to the consulate and explained the situation, and they admitted to her they made a mistake, but it was too late, the file had already left.

After the reaffirmation of our petition they sent it back to Casa for his second interview. I was expecting a fight and had a file like no other prepared. I flew out to be with him for his interview, even though I knew they wouldn't let me in. The second interview was a mere formality however, they just wanted updated medical, police report, and I-864. He was not asked one more question on our case and he got the visa.

This may be rare, but it does happen. The key is to figure out all of your red flags and be prepared to have explanations and documentation to back you up. And yes, get your representative in your corner now.

All in all a person on here gave me sound advice. Hope for the best and prepare for the worst.

I am so sorry you had to go through all of that how terrible of a thing to endure. Hamdolah you two made it though.

Red flags :unsure: would that include my divorce, children and that I have an age difference? not sure how to prepare for those though.... he has no family here just me and the kids and he is working and getting his residancy in another country while we wait.... uuuggghhh don't know what to think of as a red flag. Is there a list somewhere???

I've been there two times and planing on seeing him again soon in Paris insha'allah we did meet via the internet though. :unsure:

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

those things most of us have, there is no reason for some of their decisions

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

Filed: Citizen (pnd) Country: Morocco
Timeline
Posted
I know first hand. Yes they can and do deny married couples. My husband and I were denied on a CR1. They don't always have any logic to it. Ours was pretty apparant however. They asked my husband if he had family in the US. He said yes, a sister and an ex brother in law. The consulate got confused and assumed that the 2 were married at one time for immigration purposes, so they asked why they got divorced. He told them that they didn't get divorced, the sister is still married to the man that petitioned her and the ex is from a different sister that has never been to the US.

Now at that point if the consulate was reasonable they would have given us the opportunity to bring in proof, but they denied us and sent the petition back to the USCIS for revokation. We fought it and won, but it added an additional 15 months to our process. We contacted both the congressman and senator for assistance, but it took some time to get one that was pro active enough. Our senators liason finally got through to the consulate and explained the situation, and they admitted to her they made a mistake, but it was too late, the file had already left.

After the reaffirmation of our petition they sent it back to Casa for his second interview. I was expecting a fight and had a file like no other prepared. I flew out to be with him for his interview, even though I knew they wouldn't let me in. The second interview was a mere formality however, they just wanted updated medical, police report, and I-864. He was not asked one more question on our case and he got the visa.

This may be rare, but it does happen. The key is to figure out all of your red flags and be prepared to have explanations and documentation to back you up. And yes, get your representative in your corner now.

All in all a person on here gave me sound advice. Hope for the best and prepare for the worst.

I am so sorry you had to go through all of that how terrible of a thing to endure. Hamdolah you two made it though.

Red flags :unsure: would that include my divorce, children and that I have an age difference? not sure how to prepare for those though.... he has no family here just me and the kids and he is working and getting his residancy in another country while we wait.... uuuggghhh don't know what to think of as a red flag. Is there a list somewhere???

I've been there two times and planing on seeing him again soon in Paris insha'allah we did meet via the internet though. :unsure:

Meeting through the internet is one of them. Getting married right after meeting face to face is one. Age difference is one. These flags do not necessarily mean a denial, it just means that they are going to scrutinize your case more.

Going to visit many times is a plus, have lots of proof of visits. Letters of acknowledgement and approval from family and friends that know you as a couple are excellent proof as well.

We had everything we needed at the interview that showed a valid relationship, but that one question that got misconstrued did us in. You can't always know what they will ask. But keep in mind they are looking for either him using you for a visa, or him paying you. Proving your love for him is good, proving his love for you is vital.

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

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

"proving his love for me" is the main reason he moved to Spain so that he can show the consulate he isn't using me for a visa that he can make his own life out of his country. The only reason he wants t be in the U.S. is to be with us. The reason I haven't moved to Spain is cause of the kids I have equal custody of.

I had a book bound of all of our emails from the time we became serious to his move seperated by months. He has also emailed my mother several times should I add those and any communication with the kids?

while I am waiting I might be as prepared as possible...

thanks sooooo much for your help in this everyone.

Filed: Citizen (pnd) Country: Morocco
Timeline
Posted
"proving his love for me" is the main reason he moved to Spain so that he can show the consulate he isn't using me for a visa that he can make his own life out of his country. The only reason he wants t be in the U.S. is to be with us. The reason I haven't moved to Spain is cause of the kids I have equal custody of.

I had a book bound of all of our emails from the time we became serious to his move seperated by months. He has also emailed my mother several times should I add those and any communication with the kids?

while I am waiting I might be as prepared as possible...

thanks sooooo much for your help in this everyone.

Take everything. I would even have him write a letter to them explaining why he moved to Spain. They might not even look at it, but take it. Keep in mind however that all of his proof will have to slide under a window so keep it flexible. A well organized file is excellent. For his rebuttal and second interview I used ACCO fasteners at the top with flags on each section. A cover page described what each section had in it. I included a letter from me explaining everything in our relationship down to addressing each red flag that they noted on the denial, as well as some they didn't, I wanted all bases covered. I included a letter to them from him explaining his feelings for me as well. The CO asked my husband "who prepared your file", my husband told her that I did. She said it was impressive. So I think it is important for them to be able to find what they are looking for with ease.

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

Filed: Other Country: Israel
Timeline
Posted (edited)

uuuggghhh don't know what to think of as a red flag. Is there a list somewhere???

Yes, there is a list: http://www.ilw.com/articles/2006,0323-ellis.shtm

You are welcome to contact me about organizing your files. I'm helping others at the same time, and can simply send you the same info as that is the current subject we are tackling.

Edited by Virtual wife
Filed: Other Timeline
Posted

How do you address issues like large age difference? Neither of us has a previous marriage or kids so those aren't issues, however we do have a large age difference(he is 16 years younger than me) and we did get married soon after meeting. We have lots of photos, receipts, emails, chat logs, etc. but I am wondering if there is anything else I should prepare or if I should contact my senators or reps - Hillary should have some time free now so maybe she could help us..... :whistle:


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Filed: Other Country: Israel
Timeline
Posted
How do you address issues like large age difference? Neither of us has a previous marriage or kids so those aren't issues, however we do have a large age difference(he is 16 years younger than me) and we did get married soon after meeting. We have lots of photos, receipts, emails, chat logs, etc. but I am wondering if there is anything else I should prepare or if I should contact my senators or reps - Hillary should have some time free now so maybe she could help us..... :whistle:

I'm 21 years older than my husband, we married within days of meeting IRL, and he got his visa the day after his interview. They looked at none of our evidence; his interview lasted about 10 minutes.

The thing with age gap unions is that the USCIS knows your ages from the time they receive the I-130, and (officially) they are not to deny you on things they already know and approved by passing your petition onto the NVC. They are also (theoretically) not to deny you based on how they feel about the viability of your marriage, but on whether you are a proper sponsor and not a obvious (to them) victim of green card fraud. Otherwise, who knows?

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

Also an age difference here ~ I was told by an immigration attorney I consulted with, that biases are sometimes formed by the way a couple "looks" in their pics together ! So, if you have alot of pics to choose from ~ send the best ones ! This does seem superficial, but i think it's best to present the evidence in the best light !

Pattu Rani ~ you look young anyway, I never would have guessed 16 years difference there :thumbs:

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Filed: Citizen (pnd) Country: Morocco
Timeline
Posted
How do you address issues like large age difference? Neither of us has a previous marriage or kids so those aren't issues, however we do have a large age difference(he is 16 years younger than me) and we did get married soon after meeting. We have lots of photos, receipts, emails, chat logs, etc. but I am wondering if there is anything else I should prepare or if I should contact my senators or reps - Hillary should have some time free now so maybe she could help us..... :whistle:

I'm 21 years older than my husband, we married within days of meeting IRL, and he got his visa the day after his interview. They looked at none of our evidence; his interview lasted about 10 minutes.

The thing with age gap unions is that the USCIS knows your ages from the time they receive the I-130, and (officially) they are not to deny you on things they already know and approved by passing your petition onto the NVC. They are also (theoretically) not to deny you based on how they feel about the viability of your marriage, but on whether you are a proper sponsor and not a obvious (to them) victim of green card fraud. Otherwise, who knows?

See I do not think that red flag like age or length of courtship is even considered, since if both of you are Muslim a long engagement is not the norm. And with age difference we have 3 years difference and it did not stop us from being wrapped up waiting for the CO to issue visa. Even the time knowing, the amount of evidence, the number of trips none of those it seems like really matters or effects when the visa will be issued. Perhaps the biggest issue is in what capacity the internet was used in your courtship, who knows exactly but there is not one answer.

Samira and Jaouad

K3 and AOS

8-13-07: Sent package with I-129F to CSC overnight

9-25-07: NOA 1 recv

3-04-08: Approval Notice Sent

5-15-08:Interview Date

07-28-08:Visa Received (AP Hell 73 days)

08-02-08:US Entry (K-3)

08-05-08: Sent EAD package to CSC

12-07-08: Finally recvd EAD

04-20-09: AOS sent

07-23-09: AOS Interview-APPROVED!

Next file for Naturalization!

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and our family keeps growing and growing.....

x5Kpm8.png

Filed: Other Country: Morocco
Timeline
Posted

I don't think there is one BIGGEST issue. Each case is judged on it's own merits and for that reason it's not a good idea to compare cases with each other. Even the age thing boggles my mind, in the sense that I have seen couples with barely any difference have issues, and personally know two couples from Morocco who have a 25 and 27 yr age gap, and aside from the time it took in AP, they had no issues.

Sometimes the consulate asks the most basic questions; other times they ask what appear to be rather bizarre questions. They asked my husband about my son who died as an infant! I don't even know how they knew about that unless when they asked him about my kids, he mentioned them ALL. They proceeded to ask at what age and by what means he died. Sheesh. What does that have to do with the tea in china? (in retrospect I guess him knowing all that detail showed the depth of our communication).

Reda: Yes Google patty Murray, select the link for immigration and there is a form you can print, sign and fax. Once you have an interview date, call and let mary know. other than that you are pretty much all set.

And something that caught my attention but maybe others or an immigration atty can answer you on it: You mentioned that your husband is trying to establish residence in Spain, while he is awaiting a visa interview in Morocco. Might that look like he is just trying to escape his country by whatever means possible? (thinking like the devil here for a moment) :devil:

Maggie

08-07-06 I129 NOA1

02-05-07 Visa in Hand

02-13-07 POE JFK w/temp EAD

02-23-07 Civil Marriage

06-17-07 Wedding

08-13-07 Card received in mail

04-14-09 Trip to Maui for Anniversary

06-04-09 Filed to lift conditions

08-13-09 Perm Card received

Filed: Other Timeline
Posted
Also an age difference here ~ I was told by an immigration attorney I consulted with, that biases are sometimes formed by the way a couple "looks" in their pics together ! So, if you have alot of pics to choose from ~ send the best ones ! This does seem superficial, but i think it's best to present the evidence in the best light !

Pattu Rani ~ you look young anyway, I never would have guessed 16 years difference there :thumbs:

Thanks for the advice and for the compliment, HR :blush: - believe it or not I am 41 and Govi is 25. When we were in Nepal together we took lots of pics, especially this last trip since my brother came to Nepal with me and was able to take lots of pics of me and Govi - there are a lot of pretty goofy pics :wacko: but I will pick the nicest ones.


thkirby-1.gifpetblink46.gif
BuddhaEyesGlobe.gif1433707c1j51myzp6.gif

Filed: Country: Morocco
Timeline
Posted (edited)
Also an age difference here ~ I was told by an immigration attorney I consulted with, that biases are sometimes formed by the way a couple "looks" in their pics together ! So, if you have alot of pics to choose from ~ send the best ones ! This does seem superficial, but i think it's best to present the evidence in the best light !

Pattu Rani ~ you look young anyway, I never would have guessed 16 years difference there :thumbs:

Thanks for the advice and for the compliment, HR :blush: - believe it or not I am 41 and Govi is 25. When we were in Nepal together we took lots of pics, especially this last trip since my brother came to Nepal with me and was able to take lots of pics of me and Govi - there are a lot of pretty goofy pics :wacko: but I will pick the nicest ones.

For what it's worth, our ages are exactly the same as yours, Pattu Rani, and thankfully, we had an easy time. The CO did look at every one of our pictures (many with me and his individual family members, and of course with him, and a couple were goofy :D ) but didn't look at chats or e-mails. YMMV...

Edited by caybee

I'm the USC.

11/05/2007........Conditional permanent residency effective date.

01/10/2008........Two-year green card in hand.

08/08/2009........Our son was born <3

08/08/2009........Filed for removal of conditions.

12/16/2009........ROC was approved.

11/05/2010........Eligible for Naturalization.

03/01/2011........Separated.

11/05/2012........Eligible for Naturalization.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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