help please it is a Nightmare

[Afrilaskan Queen 0]

As I write this I'm trying not to cry. I know God is great and I keep repeating it in my head. I'm not sure how much worse this can and my heart is breaking. How much more can we take? Please any advice or information or suggestions will not hurt me. If you think I should post this in any other forums please direct me.

Today I got note that after my state Senator wrote on me and my Hubby's behalf after our failed interview and our case was sent back for review, that they cannot move it for the traditional 24 months even though we've displayed hardship in me living where he is. This is after we dated knew each other 2 years and dated for 1 are married now for 2 years and then our failed I124 sent our case for review to a service center in California I think. There it has sat for a year, then the Senator wrote on our behalf and they said we'll review in 24 months and there is nothing we can do.

I'm considering where we can live because where he is right now we cannot live end of story, I don't know what to do. I am trying not to let my hope drain from my body because God is great and haven't we suffered enough.

p.s. I misspelled the I129, was our failed interview and our I130 was never interviewed for ...

[Afrilaskan Queen 0]

let me rewrite this clearly to explain our situation. We were friends apprx. 1 year, dated 1 year approx, married 2 years ago, our I-129 and I-130 were approved within weeks. In July 2008 we had a horror situation at the embassy and the interview was denied with a no bonafied relationship letter. In August 2008 our case went to California service center where it sat all of this time. No responce came even as one of my state senators wrote on our behalf. This month the senators office was able to submit all of our new evidence of our marriage and relationship and the senator was told there was no expediting our case and we would have to wait for the complete review in 2010. I cannot believe this, we have no criminal record, we are not lying, there is no reason to deny us and I cannot live where my husband is due to extreme hardship to my health. Do you have any suggestion or help? What is the next step? A lawyer suggested we re-file the I-130.

[Sylvia_n_Joseph 3]

Things in Lagos aren't always as they should be. I sent you a PM

[Enlighten one :) 5]

You need a lawyer yesterday. The minute you were denied. There are people here that have recomended experience lawyers for your case. Sorry for your hardship. Today is your Friday, but your sunday will be here. Message I heard from Joel Olsteen today.

let me rewrite this clearly to explain our situation. We were friends apprx. 1 year, dated 1 year approx, married 2 years ago, our I-129 and I-130 were approved within weeks. In July 2008 we had a horror situation at the embassy and the interview was denied with a no bonafied relationship letter. In August 2008 our case went to California service center where it sat all of this time. No responce came even as one of my state senators wrote on our behalf. This month the senators office was able to submit all of our new evidence of our marriage and relationship and the senator was told there was no expediting our case and we would have to wait for the complete review in 2010. I cannot believe this, we have no criminal record, we are not lying, there is no reason to deny us and I cannot live where my husband is due to extreme hardship to my health. Do you have any suggestion or help? What is the next step? A lawyer suggested we re-file the I-130.

[Zee Bee 61]

What was the reason for the denia?

I have never heard of the 24 month wait before a review.

You need to find out what the reason for the denial is so that you can overcome it in a subsequent petition.

[reeses16 8]

AQ, sorry about your situation. I've seen the 3 posts you made about it yesterday. I think you need to get a clearer understanding of why you were denied. On another post you mentioned your husband is not fluent in English and has a speech impediment. I don't think the speech impediment should be an issue, but if he is not confident in his English, then perhaps his interview should have been in native language.

Also in terms of you evidence, how many times did you visit your hubby in Nigeria? I agree with Pushbrks analysis of your evidence.

Also, you mentioned that they denied him at the gate/ denied his interview claiming it was fraud before he was allowed in to interview with the help of your senator. This doesn't make sense. Someone can not deny a visa until it has been applied for at the visa. Perhaps it is a miscommunication with your hubby. Maybe he meant, they would not "permit" him into the embassy (because he did not have the interview letter and packet 3/4 as you described). Where would fraud come in? What ever the reason for the denial, you should have a copy of the denial letter with the reasons listed. It seems like you need a lawyer. IF that is not an option financially you should at very least lean on your senator more. Insist that he/she continue to pursue this as there is no 24 month rule, make an appointment to speak with the person handling immigration issues for your senator. The senators themselves are not responsible for inquiring on your behalf, someone from their staff handles that.

This isn't going to resolve unless you are more active in the process. I'm sure its overwhelming. I wish you the best. I think you need to get a better understanding of the situation and seek legal advice.

[Chica Yeyé 41]

What type of documentation did your provide to prove bonafide relationship?

And indeed, seek legal counsel.

and please avoid triple posting:

http://www.visajourney.com/forums/index.php?showtopic=196659

http://www.visajourney.com/forums/index.php?showtopic=196658

Edited May 13, 2009 by *Len*

[Afrilaskan Queen 0]

Hi Mrs. J - thank you for your encouragement. I cannot wait for Sunday to come! We had a lawyer actually from the beginning. The lawyer used the Senator just to get my husband past the gates at the Embassy because they refused to let him enter for his own interview. I think maybe I need a lawyer that is experienced in denials, our current lawyer has done such good work through a difficult situation where we cannot seem to get any help. Like when the NVC gave us no receipt even though our case was in Lagos - she spent a month getting no responce and finally was the only one who found out that within 10 days we were having an interview after our receipt went from NVC 3 months prior. It has been one nightmare after another and she's really been there for us. I feel bad to push her aside. I am completely confused.

Thank you for your encouragement Mrs. J

[Afrilaskan Queen 0]

AQ, sorry about your situation. I've seen the 3 posts you made about it yesterday. I think you need to get a clearer understanding of why you were denied. On another post you mentioned your husband is not fluent in English and has a speech impediment. I don't think the speech impediment should be an issue, but if he is not confident in his English, then perhaps his interview should have been in native language.

Also in terms of you evidence, how many times did you visit your hubby in Nigeria? I agree with Pushbrks analysis of your evidence.

Also, you mentioned that they denied him at the gate/ denied his interview claiming it was fraud before he was allowed in to interview with the help of your senator. This doesn't make sense. Someone can not deny a visa until it has been applied for at the visa. Perhaps it is a miscommunication with your hubby. Maybe he meant, they would not "permit" him into the embassy (because he did not have the interview letter and packet 3/4 as you described). Where would fraud come in? What ever the reason for the denial, you should have a copy of the denial letter with the reasons listed. It seems like you need a lawyer. IF that is not an option financially you should at very least lean on your senator more. Insist that he/she continue to pursue this as there is no 24 month rule, make an appointment to speak with the person handling immigration issues for your senator. The senators themselves are not responsible for inquiring on your behalf, someone from their staff handles that.

This isn't going to resolve unless you are more active in the process. I'm sure its overwhelming. I wish you the best. I think you need to get a better understanding of the situation and seek legal advice.

Hi and thank you so much for your post. I really appreciate it. I didn't see Pushbrks analysis of my evidence yet, but I'll look at that. I only visited my Hubby once because our case was approved so quickly and our interview for that came up so fast I was unable to get back in time and then we were denied.

In answer to your questions ... my husband can speak English but the option of an interpreter was not given.

Before that we never got a receipt from the NVC when our case was approved and our lawyer spent a month trying to get through to find out interview dates.

Then my husband did not receive his package with the approval letter ever nor would they let him pick it up - in fact the embassy did not respond for a month until just minutes after the Senator got involved.

My husband went for his interview but before he went in - because he had no letter they told him he was fraud.

So then the Senator had to contact everyone to reschedule so they would let him inside.

That's why they called my husband a fraud - because he didn't have the letter - but he was given a letter and the name of someone in Consular from us to get in - but they still didn't let him in.

All this time we were all rushing around and I contacted everyone under the sun I could.

So the fraud came up because of the m.i.a package and approved letter - they said my husband wasn't {his name here} and he was lieing to get inside.

The Senator got a rescheduled interview because he wasn't able to get inside for the one we rushed around to get.

The medical exam he paid for disappeared and no results were given.

The interview came and he was denied.

I need another lawyer I think. I do not care the costs. We have had trouble from the beginning. The first time I sent our evidence packages here in the US to be approved they were lost for two 90 day periods and when found were approved very quickly.

The 24 months was given as an estimate of how long the CSV gives for taking care of it's backlog of denied cases and said they could not move us ahead of the stack and it was done in order it was received. I know the Senator is not involved, it's the special assistant that I've had contact with. We've discussed things on the phone. In their past letter to the assistant they said we could not have reasons for our denial until we came up for review. But when we had requested a redo on the botched interview while it was still in the country of my husband they gave 3 reasons they would not allow that. That's all I have to base our denial on. It was vague to say the least and one statement was completely inaccurate and we submitted evidence to show that THEY were confused.

The Senator's office as well as my lawyer thought they were not happy about being told that they did everything wrong and they had to let my husband in the gate and that we basically smacked their wee wee. I have no idea what to think. I have no idea where to go at this point. I don't care the cost - I just want it done. Right now I've my airline ticket that's been in waiting and I'm going to see my husband. I'm trying to find a way to live with him as long as we can before all our money dries up because where he lives is not safe for me.

I appreciate any input you have on this. I feel I'm in a crazy nightmare, wondering how much worse it can get. After all of this when we submitted for a new interview my family, religious organization and friends made affidavits because we all talk to my hubby each week and they've known our friendship prior and everything - I just am at a loss as to what to do next! I do not know what more I can proactive except get another lawyer, our current one has been great but is not familiar with denials.

Thanks again.

[Afrilaskan Queen 0]

What was the reason for the denia?

I have never heard of the 24 month wait before a review.

You need to find out what the reason for the denial is so that you can overcome it in a subsequent petition.

Hi Zee Bee,

Thank you for your reply. Before our denial was sent out of Nigeria we were given 3 denial reasons, very vague, one of them was outright confusion by that Consulate because they made an untrue statement that the documents themselves proved incorrect. It's like they didn't read our petition for that and a redo requested by the Senators office. The reason for denial was basically they felt my husband was lieing. He got a date wrong, off by about 3 months - when we met - however I didn't remember that clearly either and we were estimating. Also they said he claimed he never heard of our religion which is continuously mentioned in our evidence and approved petition. He would never say that since we attended it together and met via that organization!

Now the Senator's office requested our reasons for denial after our case was sent back to the CSC and they said they would not give out that information until the petition was up for review. So it has sat there since over 1 year except two days ago when they updated it saying that approx. they have 24 months total of wading through the backlog of denials and we're going to have to wait in line with everyone else.

We submitted our petition immediately after they refused the interview redo and again in the US and they sent it back saying they would ask for it. After a year passed the Senator's office sent our reasons to overcome the 3 denial reasons given and they once again told us this past week that we were going to have to wait in line.

If looking at the info that the CVC gave us if things went smoothly after that we could expect an interview August 2010, but that's if it goes smoothly. Thus the lawyer we have suggested refiling the I-130, but I do not know if it's expired - I have to look at that now.

Thanks so much for your input.

Evidence included: 1 trip for our marriage, certificate, pictures, trip video, affidavits of support from about 25 members family and friends on both sides, 4 emails per month for the 2 years before we married, 2 IM's per month for that 2 years, phone call records that for past 2 years shows nearly daily contact between us - we always talk even just for a minute each day, various receipts, travel itinerary, my current travel iterinary and list of hardship expenses for me traveling there, my husbands home he has been building for years - our home there, and much more... I think you get the idea. There is no lack of evidence really.

I hope that's helpful in any input anyone can give me and I really appreciate everyone's warm kindness because I am trying to find my strenght and not get stuck in this spot.

[Afrilaskan Queen 0]

What type of documentation did your provide to prove bonafide relationship?

And indeed, seek legal counsel.

and please avoid triple posting:

http://www.visajourney.com/forums/index.php?showtopic=196659

http://www.visajourney.com/forums/index.php?showtopic=196658

Thank you Len I'll avoid the triple posting, I wasn't sure where I should post that it would get the most helpful input. I have a lawyer but they have never experienced a denial, they have fought so hard for us I feel guilty dumping them in essence. But if feel I will contact someone for information after all these posts.

Evidence of relationship included: Photos, video from my travel/wedding, wedding certificate, name change, travel itinerary and all evidence connected to that, 4 emails per month for 2 years prior, 2 IM's per month for 2 years, 2 years of phone records - nearly daily, affidavits from apprx. 25 members of each of our family's/friends, my current travel itinery that has had to be put off and rescheduled due to crisis, and more...

Thanks so much! Anymore input is so valued. I am trying to be strong because we've only got to spend 6 weeks together since the past 3 years... 2 of which are married now.

[2gathawestand 0]

I feel your pain, sorry (F) (F) (F).

Please holdon and keep the faith, it will work out. God will see you through.... Please feel free to PM me, you can lean on me. My heart goes out to you.

Peace and Blessing.

[reeses16 8]

AQ, just checking in. Its been a couple of days. Any new developments?

[Afrilaskan Queen 0]

Hi Reeses - everytime I read a post from you I get hungry for peanut butter cups...lol, it's a terrible addiction!

Thank you for checking in just to see how things were going, that is truly appreciated And very gracious. I am so thankful for everyone's kind thoughts and helpful advice. The main development is that I even though me and my SO are potentially separated for another 24 months that I have contacted an additional attorney specifically with vast experience in denials. Also fortunately our senator will stay on the case for us and keep trying.

My goal is now to just see and spend time with my Hubby in his place and enjoy it without thinking about all this for a bit of time because I have lived and breathed trying to live together and now I want to enjoy the time we have together. Life is uncertain you never know what tomorrow will bring, in good ways too. I spent 2 years saving for the this moment and by golly no interview is not going to ruin that! I also have a huge development . . . I feel lifted and encouraged to head towards the next battle in this thing knowing we're not alone and that things may change for the better at any moment if they can change for the bad.

I should be getting legal advice shortly about whether to refiled the I-130 or whathaveyou. The current attorney said the I-129 at California service center is like a black hole and I have to say that it seems that way. Thanks to all for your encouragement, I know one day I'll be sharing positive news.

I suppose I thought that when my husband was treated so poorly and when things were mishandled that somehow they were supposed to cop that at the embassy and say "we were so wrong, please come in and get your visa." I had no idea things could go so wrong and there was no avenue to stop it and say whoah - this is wrong!

Take care and have a lovely day... and thanks.

[momov31 2]

Im so sorry things are going wrong right now, but will u listen to my brother's song, believe and understand. It has helped me through some rough times. I hope it helps u. GOD bless u guys.

Edited May 16, 2009 by momov31