a nightmare - need input

[Afrilaskan Queen 0]

I normally post in the African sub-Saharan and I am not familiar enough with this website to even know what this form of visa entails or means. Please forgive me if I'm in the wrong area and misdirect me.

I feel I'm in a nightmare in which I will awake.

The long and short is that from end to beginning me and my hubby's case was mishandled. We were friends a year, dated for 1 more year, married in 2007, were approved quickly, more then 1 year ago we were denied our I-129 after my husbands interview and our case has sat at a California service center since August 2008.

Months ago the Senator of my state intervened and asked our case expedited, we are married 2 years now and presented a lot of evidence. They told our senator that we would have to wait a standard 24 months and there is nothing they could do. The lawyer I spoke to suggested re-filed our I-130 again though it is approved it cannot be freed up with the failed I-129.

We've had more trouble from the beginning that I've considered moving towards the media. I do not know who to contact and I do not know the next step. I know God is great. I need any direction or input that can be given. Please help if you can I just got this news about 15 minutes ago but am trying to remain calm and pray for a miracle. I don't understand the reasoning behind it, neither of us have a criminal record, we were denied for insufficient evidence of bonafied relationship and yet our evidence was not lacking. Thank You for reading this. I cannot move to my husbands home area as it is literally dangerous for me, I feel we are stuck in a nightmare.

[pushbrk 12,898]

I normally post in the African sub-Saharan and I am not familiar enough with this website to even know what this form of visa entails or means. Please forgive me if I'm in the wrong area and misdirect me.

I feel I'm in a nightmare in which I will awake.

The long and short is that from end to beginning me and my hubby's case was mishandled. We were friends a year, dated for 1 more year, married in 2007, were approved quickly, more then 1 year ago we were denied our I-129 after my husbands interview and our case has sat at a California service center since August 2008.

Months ago the Senator of my state intervened and asked our case expedited, we are married 2 years now and presented a lot of evidence. They told our senator that we would have to wait a standard 24 months and there is nothing they could do. The lawyer I spoke to suggested re-filed our I-130 again though it is approved it cannot be freed up with the failed I-129.

We've had more trouble from the beginning that I've considered moving towards the media. I do not know who to contact and I do not know the next step. I know God is great. I need any direction or input that can be given. Please help if you can I just got this news about 15 minutes ago but am trying to remain calm and pray for a miracle. I don't understand the reasoning behind it, neither of us have a criminal record, we were denied for insufficient evidence of bonafied relationship and yet our evidence was not lacking. Thank You for reading this. I cannot move to my husbands home area as it is literally dangerous for me, I feel we are stuck in a nightmare.

Evidence of a bona fide relationship is more than a stack of papers. Consular officers are trained to apply a reaonable person standard to the totality of circumstances, not just the evidence you wish to present. I expect you were given a more detailed set of reasons for WHY they determined the evidence was insufficient. For instance things like a single short visit or failure to answer basic questions about the petitioner's family and life often overshadow any paper "evidence".

[Afrilaskan Queen 0]

Thank you so much for your input.

Oddly enough our denial did not have any information and that's why I am confused. There were 3 reasons on the sheet and none of them made sense to me. It said my husband stated he had not heard of our religious organization - which is where we met and attended and he would have no reason to state that. They said it did not match the approved petition and they believed he was deceiving me. After loads of communicating I felt it was a wording miscommunication and so did our senator.

The Senator intervened and said there was miscommunications of some sort and submitted our religious organizations records and affidavits but they refused.. But to get the original interview the Senator had already intervened because they sent my hubby away before his interview and didn't allow him in and said he was fraud before even signing him past the gate!

My husband is not fluent in English but speaks very well and also has speech impediments which I wondered if it caused problems I mean he does not embellish his sentences - is that what you may mean about questions about petitioners famiy and life? They asked him 2 questions about my life, my work and where I live. But it was pretty rushed and they didn't let him finish his sentences and he speaks slowly due to his impediment.

So you are saying that our near daily phone calls for 2 years of marriage and our dating records Years before that as well as our being together do not mean anything? I am so confused!

[chinese_mutt 11]

the record helps... but usually, the interviewee must answer the questions proficiently and must have all details of your life in order.

maybe someone here can refer you to a good immigration lawyer who can help you withdraw and refile a new petition.

I don't know for sure, but i read somewhere where it says when there's a misrepresentation in a petition, the beneficiary might get a ban or something like that.. NOT SURE.

[brnidokiegurl 0]

I know of a couple thru MENA also married and returned and its been about 2-3 years and they are still waiting, i believe i would refile either way your going to have about another year to wait thru casa refile often works i dotn know how your embassy handles this, i believe marc ellis advises not to withdraw any applications they would just be merged in the end

[Afrilaskan Queen 0]

I know of a couple thru MENA also married and returned and its been about 2-3 years and they are still waiting, i believe i would refile either way your going to have about another year to wait thru casa refile often works i dotn know how your embassy handles this, i believe marc ellis advises not to withdraw any applications they would just be merged in the end

Thanks - I've gotten some valuable hope and information. Thank you for being balanced but also giving your opinion. Appreciate it, thank you very much.

[Afrilaskan Queen 0]

the record helps... but usually, the interviewee must answer the questions proficiently and must have all details of your life in order.

maybe someone here can refer you to a good immigration lawyer who can help you withdraw and refile a new petition.

I don't know for sure, but i read somewhere where it says when there's a misrepresentation in a petition, the beneficiary might get a ban or something like that.. NOT SURE.

Thanks for taking the time to respond to my post. I believe now looking at things with perspective that we did things as best we could and our case has not been reviewed yet even. Thanks for noting about the ban because it's important to look at all of the facts but I know that's not a problem in our case which is fortunate. Thank you and have a good day!