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

My husband had his interview yesterday in Mumbai and it did not go well at all. When he was finally called for the interview the woman officer was basically stuck on the fact that I was still legally married to my first husband(who I had not been with 6 yrs when I first met my husband now but was legally seperated). She did not want to hear the explanation as well as the fact she kept asking if it was "aloud" that we met on a cruise ship where he was working. She also brought the fact up about on our 130 it states have you ever had a visa to US before and we put no because he had a crewman's visa. SHe basically stated we lied but my husband told her that was what the immigration department had told my wife to put. She wanted to know why we married in US and not India. When my husband explained she stated that is not a reason. The officer did not want to see any proof of anything my husband brought with him. She gave him, I believe was a 220 for him to submit "proof" to the VFS office. She also cancelled his C1D1 visa. What is so irritating is my husband had so much proof with him. It is not like we just met and got married, we have been together since 2008 and have what I "thought" to be a considerable amount of evidence.He had with him numerous emails, phone bills, pictures, bank statements, receipts, etc. She also requested pictures of my husband with my children from this year. He tried to explain he has ones from 2008-2010 but none this year since he only has video chatted with them since January since he has been mainly back in India.

He went again today back to the VFS office with everything he took yesterday and submitted.

Anyone have any thoughts or have any idea how long they will take to review?

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

I am sorry hearing about that. Just get as much proofs as you can and show them, if it does not work involve your congressman on your case, most of the cases this has helped. Why did you take so long to fill out the paperwork for the visa? Is there any red flag on your relationship, like different ages or something like that? I guess they did not believe this is a bonafide marriage before the interview thats why they were not interested on taking a look on the proofs. Today I have read a sucessfull topic about a couple that were denied a year ago. They fought 12 months to get their case re-affirmed at the USCIS and they just got it. So do not give up! Good luck for you! xx

Edited by Caroline Canton

visit my blog! :)http://brazilianspouse.blogspot.com/

Married: 07/27/2010

I 130 Sent: 10/22/2010

NOA1: 10/27/2010

NOA2: 03/11/2011

NVC Received: 03/28/2011

Emailed DS-3032: 03/30/2011

Paid online AOS fee: 03/31/2011

Paid online IV fee: 04/01/2011

Mailed I-864 package: 04/15/2011

Mailed IV package: 04/15/2011

SIF: 05/11/2011

Case Completed: 05/12/2011

Interview date assigned: 05/16/2011

Medical: 05/27/2011

Interview: 06/29/2011

POE at Lax: 08/10/2011

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

Your still legally married to your first husband and are married to another person?

That is an IMMEDIATE red flag.

Polygamy is ILLEGAL in the United States.

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

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

Err... are you saying that you are legally married to two people at the moment? Or that you were legally married to someone else when you met your new husband?

My husband had his interview yesterday in Mumbai and it did not go well at all. When he was finally called for the interview the woman officer was basically stuck on the fact that I was still legally married to my first husband(who I had not been with 6 yrs when I first met my husband now but was legally seperated).

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

^ Exactly my point.

Did you submit and Divorce Decree's or anything showing that you are not married to your first husband?

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Filed: Country:
Timeline
Posted

It is confusing how the OP worded her status during the process but I think she meant that she was not divorced but legally separated from her previous husband when she met her current husband.

I wonder if her husband was a confusing at the interview?

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

Sorry I didn't mean to confuse everyone but at least give a person some credit for knowing somethings! Yes, I was legally divorced way before my husband now and I got married. My divorce came through a couple months after we met. Plus, if you've done all the paperwork you need to submit, divorce papers are a part, so they new exactly when my divorce was finalized.

Filed: Country:
Timeline
Posted (edited)
Plus, if you've done all the paperwork you need to submit, divorce papers are a part, so they new exactly when my divorce was finalized.

You're right but....

Did they ask him anything about your previous marriage? Sometimes if the beneficiary isn't clear on previous marriages it can cause problems at the interview.

I think another issue is that cultural weddings are a big thing in India, right? Well you guys circumvented that whole thing which maybe in itself isn't that big of a red flag but if they have a few other things that bother them it can all add up.

It kind of sounds like the CO is thinking he was shopping for a USC Wife at work. I base that on the fact that the CO questioned both his meeting you while working on a Cruise Ship (aren't there strict rules against employees fraternizing with guests?) and also the location & timing of your marriage.

Don't get me wrong, I'm not saying he was but in situations like this you need to try to look at it from the CO's POV not yours.

Edited by Bob 4 Anna
Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

You are right, my husband and I discussed this about the cultural thing. That is another discussion in itself.

My husband knows the whole story behind my previous marriage and was willing to explain as well as show further proof but I truely believe the CO had made her mind up prior to his interview.

We laugh about the whole thing with crewmen shopping for US wives.....we have seen plenty of his shipmates get off in the US port and never return to the ship. My husband and I would meet everytime the ship ported in the US. Some of them would come early to the US on a visitors visa only not to rejoin the ship but stay with their girlfriend/boyfriend and start the whole immigration process here in the US. As we know,the illegal way but from I what I have seen has been a much smoother and quicker process. We decided to do the correct way and we are the ones being processed still. The CO brought up about the strict rules and my husband tried to explain we met while he was working....I pursued him after the cruise was over and each time either myself or when my family went on the ship he got direct approval from his manager so we were able to be together. He has written proof that he tried to show the CO but did not want to see.

Filed: Citizen (apr) Country: Nepal
Timeline
Posted

I think CO's also look for things that are outside of the cultural norm of the alien fiance/spouse. Is it common in your husband's culture for a man to marry a divorcee? A divorcee with kids? And how about religion... do you share the same religion? Is there a culturally "normal" age difference? Not that any of these are insurmountable obstacles, but I think any one or a combination of these things could cause further scrutiny and potentially suspicion.

Just $.02

maya

Many thanks to the Visajourney community for all the help!

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted (edited)

I think CO's also look for things that are outside of the cultural norm of the alien fiance/spouse. Is it common in your husband's culture for a man to marry a divorcee? A divorcee with kids? And how about religion... do you share the same religion? Is there a culturally "normal" age difference? Not that any of these are insurmountable obstacles, but I think any one or a combination of these things could cause further scrutiny and potentially suspicion.

Just $.02

maya

These are all valid questions, but the the O.P. has put it seems that the CO was ready to give this case a denial at the get go. IMO, it seems to me something in the paperwork or another item before the interview triggered this kind of response by the CO.

Think hard about what you have submitted and think outside of the box.

Edited by Dave and Kinnari

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Filed: AOS (pnd) Country: Netherlands
Timeline
Posted (edited)

; Do what the CO told him to do: send in all the proof he has.. even though he brought everything he had. But if he sends it in, they will actually take a closer look!!!! They will take a look at his proof when they didn't even look at it during the interview.

:thumbs: Everything will be OK. Now, talk to him and discuss what kind of proof you are going to send back. The more, the better..

Good luck :star: & keep us posted, then we go from there...

Edited by Channah&Aaron

holland-flag-44.gifunited-states-flag-88.gif

heart-119.gif August 28th, 2011: Wedding heart-119.giflove-182.gif

AOS
August 31th, 2011: applied for SS#
September 6th: received SS#
September 26th, 2011: AOS sent
September 30th, 2011: NOA1
October 6th, 2011: NOA1 hard copy
October 26th,2011: Biometrics
October 28th, 2011: case transferred to California for faster processing
December 5th, 2011: received EAD/AP card
February 22nd, 2012: Green card in production
February 27th, 2012: GREEN CARD in hand, yaaay!!!




November 10th, 2013: ROC

Filed: Country: China
Timeline
Posted

Sorry I didn't mean to confuse everyone but at least give a person some credit for knowing somethings! Yes, I was legally divorced way before my husband now and I got married. My divorce came through a couple months after we met. Plus, if you've done all the paperwork you need to submit, divorce papers are a part, so they new exactly when my divorce was finalized.

That in itsself is a huge red flag for the CO. Meeting your new husband, then getting a divorce are one of the classic immigration fraud scenarios. Not implying that is what you were doing, but the VO is going to look at it and that will be one of the first things they think. In addition to the proof of your relationship I would include two letters. One for the Evolution of relationship with your current husband and another regarding the circumstances and timing of your previous marriage, separation and divorce. This would be your chance to explain the timelines and that you were in fact separated for years before you were divorced. Explain in the letter why there was such a long separation period as 6 years is not the norm. Basically look at your situation objectively and think what would the VO see as an issue and provide evidence to address that issue.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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

Thanks everyone for your responces....to further clarify....no it is not custom for his religion to marry a person like me but we both agree it was absolute love at first and after 3 years when you still get the same feeling it is meant to be.

My husband had evidence with him that showed the reason why when we first met that my divorce was not final. The forms were all original legal forms. She did not want to see the forms...though a notorized copy was also submitted with our 130.

My husband went to the VFS today and submitted all requested paperwork. He was asked to surrender his passport with the paperwork. The gentleman that took his stuff sounded positive....sooooooo we are keeping our fingers crossed.

We have discussed this so much that my husband feels that the flag was raised because every item I thought would raise a flag I covered.

 
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