CR1/ IR1 Denied... TWICE!!!

[Adele21 0]

Hey!!

My husband and I know each other since we were very young and have been married for over 2 years. My aunt is married to his uncle so we would run into each other from time to time at family reunions, etc. We lost all contact when my mother decided to move back to the USA, but we reconnected in 2008. We got married in 2009 and had our 1st cita Jan 25 2011. The interview did not go well. We where separated and asked a total of 60+ questions. most of them were answered correctly, but about 3 were answered incorrectly. We were both extremely nervous and had no idea what to expect. Due to our background, they believed our marriage was fraud and denied us. They told me to wait for a letter and then appeal. Needless to say I never received a letter and after asking around and waiting 7 months, we decided to reapply. Our second cita was Feb 24, 2012. This time we were sent to investigations immediately. As soon as we where swore in the consul asked: "what are you doing here?? Don't you know you got denied due to fraud last time?!" At investigations, we got asked several questions which we answered correctly except for two. He asked us who had pay for the honeymoon and who had paid for the judge. I did not remember. That was more than 2 years ago. Not only was I on Cloud 9 around that time because I was getting married, But all expenses where covered by my husband my mom and myself and I did not remember which one of us had paid for those 2 things. Everything else (all very intimate questions) were answered correctly. The interrogator kept bringing up details from the past interview and at one point even stating that we are "primos-hermanos" (first cousins)-this is NOT true. We were sent back outside and then called back and denied. The consul stated "you guys do not know each other" so we are denying this visa again... (what?? Did we not just answer several questions about each other and our personal intimate life??) At this point my eyes got watery and I felt my throat was going to explode. I just froze and could not believe this was repeating itself. He looked at me and said: "you are going to receive a letter, make sure you appeal this" (huh?? you are denying me and telling me to make sure I appeal?)

When we got back to the hotel I got 2 panic attacks and was almost rushed to the hospital. It was a very tough experience and at this point we do not know what to do.

First, we want to wait before we get into this process for a 3rd time. I have considered so many things, from moving out there and just forgetting this whole process, to waiting a few years until we are ready for a baby and perhaps trying then? We are not sure what to do at this point.

What are our options? Has anyone ever heard of this happening to another couple?

At one point he even stated that I could go to jail for this or be fined. I told him that was not possible, how can I go to jail for a crime I have not committed? He stated he had 'evidence' to send me to jail. The entire interrogation at investigations was completely surreal and thinking back on it, I still can't believe some of the things this a-hole said! How dare him make those allegations!

I am sorry I made an essay out of this post, but I am exploding with emotions at the moment and am currently trembling while I write this.

[LIFE'SJOURNEY 970]

If you are still intrested in going forward, you'll will need a lawyer to appeal. Good luck going forward.

[Xanax 349]

I have heard that DR is a high fraud country. I would advise seeking legal council. Being denied twice and then trying again may not be the best option, it may be better to appeal or it may be better to see if you can live in the DR.

Good luck. I do hope everything works out. It is heartbreaking to hear sad stories like yours.

If you ever need anyone to talk to, my inbox is always available.

[jaycali 415]

Yep, the DR consulate deals with a lot of fraud cases - Just this past week a member here spent the better part of a year getting her husband to the US, and he left her and disappeared immediately once he got the visa..

It's sad, but everyone suffers from fraud cases. Especially legitimate couples in special circumstances.

I can tell you exactly why your case sticks out like a sore thumb in the consular's eyes.. Your aunt is married to his uncle. To them, it's an immediate red flag, and it seems like his uncle is just trying to "bring his family over."

I'm not accusing you of anything, and I know it must suck to be in the situation you're in.

I would seek legal advice. Asap.

[l.iber.tatis 7]

OMG, I´m so sorry you have to go through that! I hope you find a way to be together!!!

[Laure&Colin 558]

Here's what I understand from your story: you got denied the first time, and the embassy sent your case back to USCIS for revocation.

What should have happened from then is as followed: USCIS would send you a Notice Of Intent to Revoke (NOIR), to which you could answer in a certain time frame to rebut the CO's reasons for denial. Then, USCIS could have reaffirmed your petition, and you would have a 2nd interview.

However, you did not wait for the NOIR, which may take way over 7 months to come, and filed again. So at no point did you provide additional evidence to rebut the grounds for denial. The CO sees you back in his office with a new appliciation and nothing to prove his first decision was wrong, as if the first interview never happened. I'm not surprised he denied you again. What he meant with "make sure to appeal" was "do wait for the NOIR this time and send your rebuttal instead of filing again, because I'd have to deny you again".

I think you would benefit from legal advice at this point.

[pushbrk 12,898]

Here's what I understand from your story: you got denied the first time, and the embassy sent your case back to USCIS for revocation.

What should have happened from then is as followed: USCIS would send you a Notice Of Intent to Revoke (NOIR), to which you could answer in a certain time frame to rebut the CO's reasons for denial. Then, USCIS could have reaffirmed your petition, and you would have a 2nd interview.

However, you did not wait for the NOIR, which may take way over 7 months to come, and filed again. So at no point did you provide additional evidence to rebut the grounds for denial. The CO sees you back in his office with a new appliciation and nothing to prove his first decision was wrong, as if the first interview never happened. I'm not surprised he denied you again. What he meant with "make sure to appeal" was "do wait for the NOIR this time and send your rebuttal instead of filing again, because I'd have to deny you again".

I think you would benefit from legal advice at this point.

Exactly. You were denied and did not appeal the NOIR. Perhaps you never received the NOIR. Either way, you did not follow correct procedure. I have no idea what, but I expect there's something going on that the US Citizen in this case does not know about.

The key in an NOIR, is that at least to some extent, you'll get a written explanation of why the Consulate denied the visa, so you can address those issues directly. At this point, I agree that competent legal assistance is needed by somebody experienced with dealing with spouse visa cases denied on grounds of fraud. Not BECAUSE there IS any fraud but because, justified or not, suspicion of fraud is the reason for the denials.

[Adele21 0]

Exactly. You were denied and did not appeal the NOIR. Perhaps you never received the NOIR. Either way, you did not follow correct procedure. I have no idea what, but I expect there's something going on that the US Citizen in this case does not know about.

The key in an NOIR, is that at least to some extent, you'll get a written explanation of why the Consulate denied the visa, so you can address those issues directly. At this point, I agree that competent legal assistance is needed by somebody experienced with dealing with spouse visa cases denied on grounds of fraud. Not BECAUSE there IS any fraud but because, justified or not, suspicion of fraud is the reason for the denials.

Thank you for your reply. This is still fustrating, but it all makes much more sense to me now.

When I got denied the first time, I was told by whom I thought was an expert to NOT wait for the "letter" (which a year and a few months later I am yet to receive), and to just go ahead and start a new petition. Had I known I had the chance to appeal, and perhaps even have a chance for a second interview believe me I would of waited or seeked REAL legal advice.

[Adele21 0]

Yep, the DR consulate deals with a lot of fraud cases - Just this past week a member here spent the better part of a year getting her husband to the US, and he left her and disappeared immediately once he got the visa..

It's sad, but everyone suffers from fraud cases. Especially legitimate couples in special circumstances.

I can tell you exactly why your case sticks out like a sore thumb in the consular's eyes.. Your aunt is married to his uncle. To them, it's an immediate red flag, and it seems like his uncle is just trying to "bring his family over."

I'm not accusing you of anything, and I know it must suck to be in the situation you're in.

I would seek legal advice. Asap.

Thanks for your reply. I read that case last night (I just found this site and am addicted) and it is so sad she had to go through that horrible experience.

Furthermore, I see why they would think I am just trying to "bring his family over", but what was I suppoused to do? Lie and say I met him through a friend? Lying was never an option for us. We went with the truth and never thought about lying about a single thing.

I will seek for legal advice and keep you guys posted.

[Adele21 0]

Here's what I understand from your story: you got denied the first time, and the embassy sent your case back to USCIS for revocation.

What should have happened from then is as followed: USCIS would send you a Notice Of Intent to Revoke (NOIR), to which you could answer in a certain time frame to rebut the CO's reasons for denial. Then, USCIS could have reaffirmed your petition, and you would have a 2nd interview.

However, you did not wait for the NOIR, which may take way over 7 months to come, and filed again. So at no point did you provide additional evidence to rebut the grounds for denial. The CO sees you back in his office with a new appliciation and nothing to prove his first decision was wrong, as if the first interview never happened. I'm not surprised he denied you again. What he meant with "make sure to appeal" was "do wait for the NOIR this time and send your rebuttal instead of filing again, because I'd have to deny you again".

I think you would benefit from legal advice at this point.

It all makes sense to me now. I just wish I would of found this site before I applied the second time. Like I mentioned on another reply, I was suggested by an 'expert' to do what I did. I am not entirely blaming that person because I should of done my reseach and seeked real advice, but still...

Thank you for your reply.

I have heard that DR is a high fraud country. I would advise seeking legal council. Being denied twice and then trying again may not be the best option, it may be better to appeal or it may be better to see if you can live in the DR.

Good luck. I do hope everything works out. It is heartbreaking to hear sad stories like yours.

If you ever need anyone to talk to, my inbox is always available.

Thank you so much for the kind words.

[Laure&Colin 558]

It all makes sense to me now. I just wish I would of found this site before I applied the second time. Like I mentioned on another reply, I was suggested by an 'expert' to do what I did. I am not entirely blaming that person because I should of done my reseach and seeked real advice, but still...

Thank you for your reply.

You're welcome.

Beware of "experts"... this person gave you wrong advice because they just didn't know the process.

Now that you've found VJ, you have access to invaluable ressources to help you with your case. I think if I were you, I would still get a lawyer: dealing with 2 denials might not be easy. It would probably help if you can afford a good one with experience in denials based on fraud suspicion.

Good luck!!

[tan&tuyet 15]

Not to be an butthole or anything but this is the same post yesterday but from mexico under a different OP.

Edited March 3, 2012 by tan&tuyet

[Leatherneck 693]

Not to be an butthole or anything but this is the same post yesterday but from mexico under a different OP.

You have a link to that to that post?

[tan&tuyet 15]

You have a link to that to that post?

I have to find it

[Adele21 0]

Not to be an butthole or anything but this is the same post yesterday but from mexico under a different OP.

Not sure why someone would do such thing. Anyways, thanks for the warm welcome =)