221g Petition being returned to NVC/USCIS

[RealAI 1]

Here is the timeline.

1) You got married - June 1998

2) Came to US - January 1996, I came to the US with Student visa and did Bachelors from State University of NY

3) Got green card - November 2005 thru Violence against women act. Did not get it from ex husband

4) Got divorced - separated in September 2000. Officially divorced in 2002

5) Met your current husband - met online in July 2007

6) Got married to your current husband - November 2007

7) became citizen in January 2011 and upgraded petition to IR1 from F2A category

This is not a curiosity but rather needed information to determine what raised red flags to battle them. Major red flags that I learned from my lawyer:

1) Age difference - My husband is 9 years older than I am

2) Absence of prove of the relationship - We had some phone bills and skype chat history

3) If you came here on fiancee/CR1 visa, get divorced, get married again and bring another person into the country based on K1/CR1 - I came here on student visa long before I got married to my ex.

Here are the dates, I came to the US as a student. Had an arranged marraige to a LPR. Finished my education and kept student status after marraige. Got green card through VAWA in 2005, 5 years after separating from ex husband. Remarried in 2007- 7 years after separation and 5 years after legal divorce. I was still LPR when I got married. Became Citizen in January 3.2 years after remarraige.

[san diego 407]

Is there a particular reason why you were separated for such a long time? Since 2007? From the information that you provided there may be 2 red flags:

1) Separated since 2007 (did not live together) - not bonafide relationship

2) They may suspect you of fraud the first time to stay in the country. Considering that they asked so much more documentation about you.

I would recommend living with him in a third country where he can get visa and re-applying again. In your case I would hire a lawyer and see what he/she advices.

[aquraishi 0]

Hi,

Im sorry to hear that.....

I would tell you to refile your I- 130 from the start and don't wait for it to reach USCIS California Service Center

cuz it takes 3 months to reach and then another three months for them to review the case.

GOOD LUCK...

[Love Eth 14]

From my experience, I advise to ask your Senators or Congressman find out why the US Embassy denied your petition by contacting the embassy. Embassies are amazinglly fast responding to Senators or Congressman. After that, when the petition approval period (120 days from NOA2) surpassed, USCIS will send you a notification letter stating USCIS will no longer review your petition and you are not precluded from filling another petition with the proper documentations and fee. At this point, you will be going to file another one WITH all documentations and the fee. Beside that, there is nothing credible thing you can do to turn over what is going on there. However, trying all possible means is worthy that doing nothing. That is what happen to me. Good luck.