Chances of re-approval after interview refusal?

[BellaRose 7]

Where do I begin. I am a US citizen. My husband came here on a ten year working visa expiring 2011. In 2002 he married someone and recieved a green card expiring 2004. The relationship ended in divorce in a year and half. The green card expired but he still used his visa, social and state id to remain under the radar. We met and moved in together in 2007, had a beautiful daughter and got engaged spring 2008. During October his mother had a stroke in Samoa and after the Samoan embassy told us the visa still valid....we decided that he should go see his mom. A week before he left we were married at a court. Turns out his visa was supposed to voided once he received his residency and was overstaying after his green card expired. DHS didn't realize that the two documents were the same person because he failed to put his middle name on the green card and he has an elder brother with the same name.

So of course after his interview, his visa was refused and sent back to uscis. Stating "Immigrant Visa case has been returned to Department of Homeland Security for further review and adjudication, as it is not clearly approvable.

Mr. Faafe’u was informed in both writing and orally on Monday August 24, 2009, that his immigrant visa case was refused under section 221g. He was advised that following the 221g refusal, his case was subsequently sent to DHS for adjudication because the case is not clearly approvable. Mr. Faafe’u has provided conflicting information to visa issuing authorities and to the Consular officer at his personal interview. Due to these discrepancies, the consular officer was not able to determine at the time of the interview if a bona fide relationships existed or if the marriage was for immigration benefits.In addition to these concerns, Mr. Faafeu’s illegal presence in the United States after the expiration of the initial conditional residency status makes him ineligible to return to the United States at this time. Section 212(a)(9)(B)(i)(II) of the Immigration & Nationality Act creates an inadmissibility for any alien who is unlawfully present in the United States for more than 1 year is inadmissible for 10 years. Mr. Faafe’u had a formal interview in person, on August 18, 2009. He was issued a OF 194 explaining the refusal under 221g. We telephoned him and asked him to return to the Consulate, on Monday August 24, 2009 and explained why the case was sent to DHS. He has been informed orally and in writing that the answers and/or documents provided to U.S. officials were contradictory as well as his ineligibility under INA 9B2, as stated above."

I know now the mistake we made in the past with this whole process, but is there any hope for re-approval. How do I get husband home.

Desperate.

[pushbrk 12,898]

Where do I begin. I am a US citizen. My husband came here on a ten year working visa expiring 2011. In 2002 he married someone and recieved a green card expiring 2004. The relationship ended in divorce in a year and half. The green card expired but he still used his visa, social and state id to remain under the radar. We met and moved in together in 2007, had a beautiful daughter and got engaged spring 2008. During October his mother had a stroke in Samoa and after the Samoan embassy told us the visa still valid....we decided that he should go see his mom. A week before he left we were married at a court. Turns out his visa was supposed to voided once he received his residency and was overstaying after his green card expired. DHS didn't realize that the two documents were the same person because he failed to put his middle name on the green card and he has an elder brother with the same name.

So of course after his interview, his visa was refused and sent back to uscis. Stating "Immigrant Visa case has been returned to Department of Homeland Security for further review and adjudication, as it is not clearly approvable.

Mr. Faafe’u was informed in both writing and orally on Monday August 24, 2009, that his immigrant visa case was refused under section 221g. He was advised that following the 221g refusal, his case was subsequently sent to DHS for adjudication because the case is not clearly approvable. Mr. Faafe’u has provided conflicting information to visa issuing authorities and to the Consular officer at his personal interview. Due to these discrepancies, the consular officer was not able to determine at the time of the interview if a bona fide relationships existed or if the marriage was for immigration benefits.In addition to these concerns, Mr. Faafeu’s illegal presence in the United States after the expiration of the initial conditional residency status makes him ineligible to return to the United States at this time. Section 212(a)(9)(B)(i)(II) of the Immigration & Nationality Act creates an inadmissibility for any alien who is unlawfully present in the United States for more than 1 year is inadmissible for 10 years. Mr. Faafe’u had a formal interview in person, on August 18, 2009. He was issued a OF 194 explaining the refusal under 221g. We telephoned him and asked him to return to the Consulate, on Monday August 24, 2009 and explained why the case was sent to DHS. He has been informed orally and in writing that the answers and/or documents provided to U.S. officials were contradictory as well as his ineligibility under INA 9B2, as stated above."

I know now the mistake we made in the past with this whole process, but is there any hope for re-approval. How do I get husband home.

Desperate.

You wait until you hear from USCIS and then respond accordingly. The best case is you get USCIS to reaffirm the petition approval, then deal with the illegal overstay by filing an I-601 hardship waiver. Approval of the waiver is iffy but worth a try if the opportunity is afforded you. Worst case is they ban your husband for 10 years or life for a material misrepresentation. You don't say what the contradiction was but if the Consulate found the case not clearly approvable, it sounds like the contradiction was material.

[canadian_wife 1,822]

the consular officer was not able to determine at the time of the interview if a bona fide relationships existed or if the marriage was for immigration benefits.

I suggest you start collecting info and evidence on the bonafides of your marriage as well as the advice pushbrk gave you.

Good luck, sorry for your situation

[NigeriaorBust 4,087]

You have 2 issues. Something went wrong with the interview. You may be reaffirmed or not. You may want to check out immigrate2us.net as the are about the best dealing with waivers. But at this point you need to be talking to a good lawyer