Still waiting for NOIR

[Kehinde 45]

Just be aware that although a reaffirmed petition is a good thing and required to move the case forward to a second chance at the Consulate, that the reaffirmation itself is far from a visa decision in the affirmative. Lots of reaffirmed petitions satisfied USCIS enough for a second chance only to be denied at the Consulate again. Unless you've addressed the Consular Officer's concerns enough for them to change the decision they or a coworker already made, the only thing that has changed is the date on the calendar and the only thing passed is time.

OMG! I thought that a reaffirmed letter means you have supplied everything they need and you will surely get your visa at the next interview. I read on the internet that unless they find something new that they did not know before then you will definitely get your visa. They know everything there is to no so there is no reason for them to deny us again.

[pushbrk 12,765]

OMG! I thought that a reaffirmed letter means you have supplied everything they need and you will surely get your visa at the next interview. I read on the internet that unless they find something new that they did not know before then you will definitely get your visa. They know everything there is to no so there is no reason for them to deny us again.

I expect lots of folks who were denied after reaffirmation thought the same. You need to be certain all the concerns of the Consular officer have been addressed sufficiently to convince them to overturn their previous decision. USCIS does not decide who gets a visa. They just decide who gets to apply for one.

[NigeriaorBust 4,087]

Don't worry , you covered things . Some people enjoy bullying others and making them worry.

[TBoneTX 44,926]

Don't worry , you covered things . Some people enjoy bullying others and making them worry.

I think the earlier poster's point is that those whose petition has been reaffirmed shouldn't consider the second interview to be an automatic cakewalk. This is for good reason -- that of normal prudence. In practice, however, perhaps many COs tend toward not giving the beneficiary too hard of a second time, considering that USCIS kicked the petition back.

It would be interesting to talk to a current or recent CO somewhere to learn what the internal reaction really is after USCIS kicks a petition back.

[pushbrk 12,765]

I think the earlier poster's point is that those whose petition has been reaffirmed shouldn't consider the second interview to be an automatic cakewalk. This is for good reason -- that of normal prudence. In practice, however, perhaps many COs tend toward not giving the beneficiary too hard of a second time, considering that USCIS kicked the petition back.

It would be interesting to talk to a current or recent CO somewhere to learn what the internal reaction really is after USCIS kicks a petition back.

I have and accurately described it above. It will be interesting to see what happens in this case. That's not a prediction of doom, just an expression of interest.

Don't worry , you covered things . Some people enjoy bullying others and making them worry.

Worry doesn't help but preparation and proper expectations do. My interest is in success, not platitudes. No bullying here.

[pushbrk 12,765]

Reading this thread, particularly post #24 would be good.

Let me elaborate a little. There is not "they" singular. To obtain a family based visa, you get a petition approved by USCIS, part of Dept. of Homeland Security. This "they" doesn't issue visas. When this "they" reaffirms a petition approval, you get to deal with the other "they", the "they" that works for Dept. of State, not IN the USA but on the ground, every day, in Lagos. A Consular officer denied the visa and made notes as to why. You didn't see those notes. You saw a synopsis of them produced by USCIS. The new consular officer conducting the second interview will have seen those notes, will be one of the senior officers in Lagos' IV unit and will have seen all the paperwork including what was presented to USCIS to obtain the reaffirmation. They will have evaluated it and formed an opinion about what will happen next. Unless the visa applicant is able to confidently and honestly convince the Consular officer of everything the much easier USCIS officer was convinced to give them a second chance at explaining, then the visa denial will NOT be overcome.

One of the biggest issues in these cases is the US Citizen seldom has a clue what actually happened in that first interview because the foreigner is ashamed to tell them or is simply lying and has been all along.

If the petitioner is confident they know what they need to know and the real issues have been addressed, then they need make sure the foreigner is equally prepared to do their part in the next interview and do it well enough to succeed. DO NOT expect a cake walk.

[Kehinde 45]

Reading this thread, particularly post #24 would be good.

Let me elaborate a little. There is not "they" singular. To obtain a family based visa, you get a petition approved by USCIS, part of Dept. of Homeland Security. This "they" doesn't issue visas. When this "they" reaffirms a petition approval, you get to deal with the other "they", the "they" that works for Dept. of State, not IN the USA but on the ground, every day, in Lagos. A Consular officer denied the visa and made notes as to why. You didn't see those notes. You saw a synopsis of them produced by USCIS. The new consular officer conducting the second interview will have seen those notes, will be one of the senior officers in Lagos' IV unit and will have seen all the paperwork including what was presented to USCIS to obtain the reaffirmation. They will have evaluated it and formed an opinion about what will happen next. Unless the visa applicant is able to confidently and honestly convince the Consular officer of everything the much easier USCIS officer was convinced to give them a second chance at explaining, then the visa denial will NOT be overcome.

One of the biggest issues in these cases is the US Citizen seldom has a clue what actually happened in that first interview because the foreigner is ashamed to tell them or is simply lying and has been all along.

If the petitioner is confident they know what they need to know and the real issues have been addressed, then they need make sure the foreigner is equally prepared to do their part in the next interview and do it well enough to succeed. DO NOT expect a cake walk.

I do not expect it to be easy if I am reaffirmed but I am hoping that if the USCIS reaffirmed it that "they" will respect the USCIS's decision and issue a visa. Especially now that they have proof. And I also asked in one of my affidavits if I could be interviewed with him, cos I will definitely be there for the next interview. So that is also a plus in our favor. Do you think they will honor my request to be interviewed? I think that just me being there is a big plus in our favor.

Edited February 24, 2012 by Olami

[pushbrk 12,765]

I do not expect it to be easy if I am reaffirmed but I am hoping that if the USCIS reaffirmed it that "they" will respect the USCIS's decision and issue a visa. Especially now that they have proof. And I also asked in one of my affidavits if I could be interviewed with him, cos I will definitely be there for the next interview. So that is also a plus in our favor. Do you think they will honor my request to be interviewed? I think that just me being there is a big plus in our favor.

They might let you be interviewed. It is a definite plus that you'll be there. No, they will not issue a visa out of respect for the USCIS reaffirmation decision. They will make their own independent decision based on their own version and interpretation of what constitutes the totality of circumstances. There is no such thing as "proof" in these cases. There is "evidence". There's a difference, so don't confuse the two. Evidence can include things you are NOT already aware of. I cannot stress that last statement strongly enough.

[jaycali 415]

I do not expect it to be easy if I am reaffirmed but I am hoping that if the USCIS reaffirmed it that "they" will respect the USCIS's decision and issue a visa. Especially now that they have proof. And I also asked in one of my affidavits if I could be interviewed with him, cos I will definitely be there for the next interview. So that is also a plus in our favor. Do you think they will honor my request to be interviewed? I think that just me being there is a big plus in our favor.

It's obviously a good thing for you that it was reaffirmed by the USCIS, but like pushbrk said, the consulate is in no way bound by the decision of the USCIS. Remember, the USCIS only approves the petition, not the visa. The consulate (and ultimately the CBP officer at the airport) have the final say as far as visa issuance and entry.

The USCIS never meets any of you in person, the consulate does. The consular officers are also the ones who have first hand knowledge of country specific issues.

Edited February 24, 2012 by jhsm85

[X Factor 1,111]

It's obviously a good thing for you that it was reaffirmed by the USCIS, but like pushbrk said, the consulate is in no way bound by the decision of the USCIS. Remember, the USCIS only approves the petition, not the visa. The consulate (and ultimately the CBP officer at the airport) have the final say as far as visa issuance and entry.

The USCIS never meets any of you in person, the consulate does. The consular officers are also the ones who have first hand knowledge of country specific issues.

Very true...

[Kehinde 45]

It's obviously a good thing for you that it was reaffirmed by the USCIS, but like pushbrk said, the consulate is in no way bound by the decision of the USCIS. Remember, the USCIS only approves the petition, not the visa. The consulate (and ultimately the CBP officer at the airport) have the final say as far as visa issuance and entry.

The USCIS never meets any of you in person, the consulate does. The consular officers are also the ones who have first hand knowledge of country specific issues.

Actually I was not reaffirmed yet I am waiting to see if they will reaffirm me. I have answered the NOIR so now i am waiting, but I am soo sure that it will be reaffirmed.