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My petiton for spouse visa got deny/refuse help

By NiNi123 in Vietnam

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NiNi123 Apprentice

NiNi123   0

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Filed: Other Country: Vietnam
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After interview my husband they gave him a case number for visa status. A few days later the cosular send him a letter said they refuse to provide a visa to him due to section 212 a fake marriage. They said the case is now send back to uscis for revoke or review. What can I do now to appeal my case. how? When will uscis send me the notice so I can rebut? Thank you

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pushbrk
pushbrk

I strongly advise you to contact Marc Ellis. You're going to need professional help. Your condition AND the fact your families have a long relationship actually counts against you. Regardless of wh

luckytxn
luckytxn

This is one of the very few times I would suggest to get with Marc Ellis and just start over from scratch. Pretty much everything that I have read here so far is a huge red flag to deny you a visa. In

pushbrk Grand Master

pushbrk   12,881

Posted
Filed: Other Country: China
 Timeline
Posted

After interview my husband they gave him a case number for visa status. A few days later the cosular send him a letter said they refuse to provide a visa to him due to section 212 a fake marriage. They said the case is now send back to uscis for revoke or review. What can I do now to appeal my case. how? When will uscis send me the notice so I can rebut? Thank you

A few months from now, USCIS will give you an opportunity to provide a rebuttal. As for "now" you wait for USCIS to contact you.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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Clam down and then gather all the stuff that shows togetherness in a single place. You need to start arranging things. Make sure you ask your spouse exactly what was said at the interview , write it down, study it, try to see where they got their silly idea.

This will not be over quickly. You will not enjoy this.

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
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Denials has been frequent of late.. wonder what's going on.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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pushbrk Grand Master

pushbrk   12,881

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Filed: Other Country: China
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Thanks for your advise. Do I need to call uscis to see if they have my case. Should I follow up? Or not? Or just wait for their letter? Thanks

The last sentence of my previous post answered your question. "As for "now" you wait for USCIS to contact you."

Denials has been frequent of late.. wonder what's going on.

Nothing new for Vietnam. It's a high fraud country. I suspect a detailed report of the interview will shed a lot of light on the reason for denial in this specific case.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Tero Rising Star

Tero   105

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Filed: Country: Nigeria
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Posted

When my case was denied a visa, after all my appeals with my reps fell on deaf ears, it took them about 5 months to send it to DHS. Upon which DHS revoked the petition. I don't know how long it will take your embassy to send yours but just so you get an idea...

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
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***** Moving from K1 (fiancee) to Vietnam forum as regional specific answers may help and the OP is denied a spousal, not fiance visa *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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vaneskygh Contributor

vaneskygh   1

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Filed: K-1 Visa Timeline
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I'm sorry to hear that. There's an interesting article about denials of family based petitions.

My link

hope it helps!

24/06/2010 NOA1

01/07/2010 Touch

15/11/2010 Touch

17/11/2010 RFE

06/12/2010 Touch

07/12/2010 Touch

10/12/2010 RFE (re-issue)

04/01 2011 RFE response review

13/01/2011 NOA2 YAY!!!!

27/01/2011 NVC

01/02/2011 Consulate received

03/02/2011 Packet 3 received. Im not sure why they called P3 though it's just instructions

04/02/2011 Packet 3 send

17/02/2011 Packet 4 received

22/02/2011 INTERVIEW! and the best part is my visa was approved!

12/03/2011 POE Seattle int Airport.. OMG after surviving the worse japanese earthquake ever

25/03/2011 Wedding day

AOS

Day 1 AOS filed

Day 26 NOA1 email

8/17/2011 Green Card.

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Kevin and Proficient

Kevin and   10

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

Sorry to hear you got a denial.

The sheet you got from the CO should list everything they found wrong about your case. Start gathering the evidence to rebut the CO's finding. Everything listed must be addressed. Once you get the official letter for the rebuttal, you have 30 days to respond. That's 30 days from when the USCIS generates the letter, add in the time in the mail and its about 3 weeks to respond.

As for the timing, it will probably take a month for the Consulate to forward your case to the NVC. The NVC then sends it to the USCIS. All you will get for answers is if they have your case and/or if is was forwarded. Our case took over two years, from the time the case was sent back to when we had the second interview.

Good Luck

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

After interview my husband they gave him a case number for visa status. A few days later the cosular send him a letter said they refuse to provide a visa to him due to section 212 a fake marriage. They said the case is now send back to uscis for revoke or review. What can I do now to appeal my case. how? When will uscis send me the notice so I can rebut? Thank you

More info, please. What kind of visa was this? K1? CR1?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Kevin and Proficient

Kevin and   10

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

Can you post the blue sheet? (with sensitive info block out)

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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