Denied/Lenghty AP after refile/reaffirmation?

[elya 17]

Hi, I was just going through various threads here and wondering - how common is it that someone gets denied or stuck in lengthy AP (3+months) after round 2? Say after refiling an expired K-1, or interviewing again after a reaffirmation of a petition returned to USCIS, or after marrying and filing for CR-1 following a K-1 denial?

I am dreading the thought that we might get through this whole process again only to end up back at square 1...

[James And Oksana 19]

Hi, I was just going through various threads here and wondering - how common is it that someone gets denied or stuck in lengthy AP (3+months) after round 2? Say after refiling an expired K-1, or interviewing again after a reaffirmation of a petition returned to USCIS, or after marrying and filing for CR-1 following a K-1 denial?

I am dreading the thought that we might get through this whole process again only to end up back at square 1...

Moscow is one of the easier places to interview. I think the keys are to have a solid relationship, be able to show that in a variety of ways, pictures, chats, phone. I think it helps being able to do the interview in English as they can deny based on there not being a common language, although they have approved others. Keep in mind do do not base what you will on what others. Daily pick the most likely thing they could attack and plan on how to make it easier and better in an interview. Love conquers all, so I would say allow this to help you, and to reassure you that true love will find a way, and your way will be found.

One thing I did as the US citizen, is I sent in a complete package to the embassy of all the paperwork my fiancee took in. I also communicated with them to get her interview moved up for the children schooling sake.

[elya 17]

Hi, thanks for the tips.

We had (and have) very solid evidence of ongoing relationship. We talk via skype and/or google voice twice per day and have logs of that. Prior to our first interview we basically lived together in Moscow (I went there before we got engaged to see where this relationship would go) and I had all registration papers at his address. I abandoned my job and work permit in Russia to go back and accept a job in the U.S. after his first visa was granted (which they canceled a few weeks later). We have had numerous trips together and have all the requisite evidence (boarding passes, passport stamps). He speaks great English (lived in U.S. for years, that's where we met) and I also speak Russian. Our phone conversations are very bilingual.

Working against us are circumstances I can't do much about right now - he will be my 2nd immigrant husband (god i hate how that sounds), he was denied a U.S. visa before; both of us are divorced and our divorces were finalized after the start of our relationship. Also serious error in paperwork the 1st time (Due to inaccurate advice from my lawyer I didn't consider the AOS for my ex a "prior filing"). And minor error neglecting to list a registered address that he never actually lived at on his G-325A. Another thing we don't have at all is e-mails or letters, because we never write or chat. Only talk (phone and video calls).

Besides the errors in our first filing (naturally) and the lack of written communications we did address everything the 1st time head-on in our paperwork. I am just a little frustrated and feeling a lack of hope. We already have quite a delay getting our 2nd I-129F acted on (I would dance a little happy dance for a NOID I could respond to at this point!!!) and I don't even want to imagine how long this could take...especially if they end up denying us again.

So I have seen a lot of stories about people who do finally get approved on the 2nd round but I can't remember seeing anyone denied on the 2nd round or not getting approved until round 3. Just trying to gather info from those who have been reading VJ stories more diligently... if denial on 2nd round is indeed rare I will be feeling happier, at least once we finally get NOA2!

Edited July 14, 2011 by elya

[James And Oksana 19]

after his first visa was granted (which they canceled a few weeks later).

I would make sure you know exactly why they cancelled his visa. Also make sure the reason he was cancelled does not prevent him from ever being able to get one. If they determined he purposefully lied on visa application, he may now have a ban from a future visa. I would get you local congressman involved. They will be able to help you understand best if this is a simple misunderstanding that can be explained, or if it was a ban. Do not get discouraged, just take action and become educated. I have heard of no good stories that involved attorneys, so you know what my opinion of having one is. Your best avenue is congressman and making sure both of you are completely transparent and forthcoming about everything, and explain everything to embassy.

[elya 17]

I would make sure you know exactly why they cancelled his visa. Also make sure the reason he was cancelled does not prevent him from ever being able to get one. If they determined he purposefully lied on visa application, he may now have a ban from a future visa. I would get you local congressman involved. They will be able to help you understand best if this is a simple misunderstanding that can be explained, or if it was a ban. Do not get discouraged, just take action and become educated.

We tried as much as possible. Our congressman's aide was calling and e-mailing the embassy a lot. She was very helpful and got irritated and frustrated with them for their lack of response. But the only thing they would tell us was that our petition contained "inaccurate information." I really don't know what else we can do as even the congressman was unable to help us.

There was wrong information on both the petition and the Affidavit of Support he submitted at the time of the interview (our lawyer prepared the packet and I stupidly didn't review it closely enough before signing it - they were very late sending it and we were relieved just to have it in time) which also stated I hadn't filed for anyone else. Now, neither of those was a deliberate lie - it was just an honest mistake - but in any case, it was me the petitioner who did that and whose signature is on the documents in question, not him the beneficiary. Can he be banned for erroneous information provided by me?

The one niggling thought that bugs me still is that during our 7 months of administrative review, they did call his parents once to ask questions, but all they asked about was 1) our relationship/future plans 2) his address (the one he forgot to list) and 3) his ex-wife. Not a single question about my ex-husband. Although it seems that that is the most critical error that we made so far.

We were very upfront and in our cover letter to USCIS acknowledged and apologized for the error (the lawyer indicated it was a clerical error because I had in fact told them about my ex and had no intention of hiding this info). And I mean - I listed all his info in the previous spouses section!! Why would I do that if I had been trying to hide him from them? But we are still now stuck in background checks.

If I try to get our congressman involved again, who should they talk to? USCIS? or the Embassy again? What should they ask? At this point we are just getting the runaround about additional background checks required, wait 6 more months (at USCIS). Would USCIS even know if he has a ban? That is a DOS thing, right?

Edited July 14, 2011 by elya

[Sergi9 110]

Hi, thanks for the tips.

We had (and have) very solid evidence of ongoing relationship. We talk via skype and/or google voice twice per day and have logs of that.

Prior to our first interview we basically lived together in Moscow (I went there before we got engaged to see where this relationship would go) and I had all registration papers at his address. I abandoned my job and work permit in Russia to go back and accept a job in the U.S. after his first visa was granted (which they canceled a few weeks later). We have had numerous trips together and have all the requisite evidence (boarding passes, passport stamps). He speaks great English (lived in U.S. for years, that's where we met) and I also speak Russian. Our phone conversations are very bilingual.

Working against us are circumstances I can't do much about right now - he will be my 2nd immigrant husband (god i hate how that sounds), he was denied a U.S. visa before; both of us are divorced and our divorces were finalized after the start of our relationship. Also serious error in paperwork the 1st time (Due to inaccurate advice from my lawyer I didn't consider the AOS for my ex a "prior filing"). And minor error neglecting to list a registered address that he never actually lived at on his G-325A. Another thing we don't have at all is e-mails or letters, because we never write or chat. Only talk (phone and video calls).

Besides the errors in our first filing (naturally) and the lack of written communications we did address everything the 1st time head-on in our paperwork. I am just a little frustrated and feeling a lack of hope. We already have quite a delay getting our 2nd I-129F acted on (I would dance a little happy dance for a NOID I could respond to at this point!!!) and I don't even want to imagine how long this could take...especially if they end up denying us again.

So I have seen a lot of stories about people who do finally get approved on the 2nd round but I can't remember seeing anyone denied on the 2nd round or not getting approved until round 3. Just trying to gather info from those who have been reading VJ stories more diligently... if denial on 2nd round is indeed rare I will be feeling happier, at least once we finally get NOA2!

For anyone reading this thread 'solid evidence" is not chat logs which can be easily manufactured and not checked by any other method.

That said, they are not investigating you for regular AP issues its a full blown Fraud investigation due to the previous immigrant you sponsored and your mistakes on your paperwork. Unless your hubby is from Khakastan or Uzebekastan or a Muslim area and your previous spouse was from a Muslim area of FSU, or is working in some technological field its not "background checks.

I suspect after they get that sorted the interview will be a breeze and on to America.

[elya 17]

For anyone reading this thread 'solid evidence" is not chat logs which can be easily manufactured and not checked by any other method.

Well that was the first item in a longer list that did include more easily verifiable items. But thanks for clarifying.

That said, they are not investigating you for regular AP issues its a full blown Fraud investigation due to the previous immigrant you sponsored and your mistakes on your paperwork. Unless your hubby is from Khakastan or Uzebekastan or a Muslim area and your previous spouse was from a Muslim area of FSU, or is working in some technological field its not "background checks.

I suspect after they get that sorted the interview will be a breeze and on to America.

Thank you... I hope you are right.

I know I can't blame them for being suspicious at this point. I realize our case is a huge mess. I do wish it didn't take so long...are you aware of any other cases where a fraud investigation seems likely, and how long those took?

As long as we get through to the interview sometime this year and then get approved I will be happy.

Edited July 15, 2011 by elya