Husband denied, pending USCIS decision

[LPRUS 0]

I'm sorry for the way this has turned out for you. Besides the age difference, the type of evidences, infrequent visits and whether the beneficiary's country has a high rate of fraud or not may have had an influence.

I would think that pictures and Internet communications aren't strong enough by themselves. You could use sworn affidavits by third-parties, though even then I'm not sure. Evidence of financial commitment like life insurance, joint occupancy of an apartment or house (even temporarily) might have helped. I can understand why you couldn't do this though since you say you can't afford the trips.

If it's still possible to appeal, perhaps you can explain financial hardship in a cover letter (as the reason for infrequent visits)?

Best wishes to you!

[JimVaPhuong 4,863]

I'm sorry for the way this has turned out for you. Besides the age difference, the type of evidences, infrequent visits and whether the beneficiary's country has a high rate of fraud or not may have had an influence.

I would think that pictures and Internet communications aren't strong enough by themselves. You could use sworn affidavits by third-parties, though even then I'm not sure. Evidence of financial commitment like life insurance, joint occupancy of an apartment or house (even temporarily) might have helped. I can understand why you couldn't do this though since you say you can't afford the trips.

If it's still possible to appeal, perhaps you can explain financial hardship in a cover letter (as the reason for infrequent visits)?

Best wishes to you!

There is no appeals process for consular officer decisions. If a final decision hasn't been made by the immigrant visa section chief then it might be possible to get them to reconsider, but once a final decision has been made then nothing can stop the petition from being returned to USCIS. A consular officer's decisions are not subject to review by anyone. Not even the US Supreme Court can overturn them. This is the "Doctrine of Consular Absolutism", also called the "Doctrine of Consular Non-Reviewability". Many people have tried to challenge this on constitutional grounds, and their cases have been summarily dismissed.

Fortunately, a consular officer's discretion ends with the decision whether or not to issue the visa. A consular officer cannot revoke the approval of the petition. Only USCIS has the authority to do that. When a consular officer returns a petition to USCIS they are asking USCIS to do exactly that - revoke the approval of the petition, often with a finding that the beneficiary is guilty of material misrepresentation for having presented the consulate with a sham relationship for the purpose of obtaining an immigration benefit. Before USCIS would make a decision like that they would give the petitioner an opportunity to rebut the consular officer's accusations. The time to do battle is when the petitioner receives a Notice Of Intent to Revoke from USCIS.

[LPRUS 0]

Thanks for your enlightening reply.

[Ban Hammer 13,110]

as this seems to have occurred at the consulate/embassy interview phase, i'm moving this to the regional forum where those with specific experience with that can find it easier.

[Ban Hammer 13,110]

as this seems to have occurred at the consulate/embassy interview phase, i'm moving this to the regional forum where those with specific experience with that can find it easier.

op, please so it will help organizers and moderators know where you are in the process in the event threads are misplaced.

[Good Life 7]

My husband is 12 years my junior.

I am a permanent US resident, filed the I-130, husband went for his interview which lasted all of 5 minutes and the man recommended our case be closed, verbally stating to my husband, it is their belief that with the age difference it is for relocating purposes only. He claimed we had no proof of relationship.

Here is my take; most Nigerian culutre especially Yoruba does not usually have the male be younger than the female, particularly when it is 12years younger. The other thing is that most Nigerian cultures always expect a marriage to produce children and also his age especially if he is young may have played a negative role in the decision making. I am not saying your relationship is not real, but just from the CO's perspective

[feli114 65]

I am 12 years older than my fiance. That scares me. I am still able fertile, but who knows for how much longer. Im stuck in name checks. My noa2 is July 12, 2011

[Iyawo_Omo_Yoruba 31]

There is no appeals process for consular officer decisions. If a final decision hasn't been made by the immigrant visa section chief then it might be possible to get them to reconsider, but once a final decision has been made then nothing can stop the petition from being returned to USCIS. A consular officer's decisions are not subject to review by anyone. Not even the US Supreme Court can overturn them. This is the "Doctrine of Consular Absolutism", also called the "Doctrine of Consular Non-Reviewability". Many people have tried to challenge this on constitutional grounds, and their cases have been summarily dismissed.

Fortunately, a consular officer's discretion ends with the decision whether or not to issue the visa. A consular officer cannot revoke the approval of the petition. Only USCIS has the authority to do that. When a consular officer returns a petition to USCIS they are asking USCIS to do exactly that - revoke the approval of the petition, often with a finding that the beneficiary is guilty of material misrepresentation for having presented the consulate with a sham relationship for the purpose of obtaining an immigration benefit. Before USCIS would make a decision like that they would give the petitioner an opportunity to rebut the consular officer's accusations. The time to do battle is when the petitioner receives a Notice Of Intent to Revoke from USCIS.

JimVaPhuong Thank you for the heads up! I appreciate it!

[Kehinde 45]

My husband is 12 years my junior.

I am a permanent US resident, filed the I-130, husband went for his interview which lasted all of 5 minutes and the man recommended our case be closed, verbally stating to my husband, it is their belief that with the age difference it is for relocating purposes only. He claimed we had no proof of relationship.

My husband is also 12 years my junior but at his first interview they did not even mention or question it. Our was sent back for review for possible revocation last May and they just finished our review in Jan. They sent us an NOIR (notice of intent to revoke) I responded to the letter and i have to wait 60 days before I find out if I was Reaffirmed or Revoked. I am still waiting, so get ready for about 9 months of waiting.

[Iyawo_Omo_Yoruba 31]

My husband is also 12 years my junior but at his first interview they did not even mention or question it. Our was sent back for review for possible revocation last May and they just finished our review in Jan. They sent us an NOIR (notice of intent to revoke) I responded to the letter and i have to wait 60 days before I find out if I was Reaffirmed or Revoked. I am still waiting, so get ready for about 9 months of waiting.

9 months? I was told 120 days from when they received it and if no notification came I was to call them after that time. What was the reason for denial in your case, if I may ask?

[Kehinde 45]

9 months? I was told 120 days from when they received it and if no notification came I was to call them after that time. What was the reason for denial in your case, if I may ask?

I was originally told 120 days to, but if you call the USCIS they will tell you that the real wait time is 180 days for anybody. We were denied cos they say my husband did not answer the questions in a timely matter and that he seemed unsure about his answers. My Congressman tried to help us before they sent it back, but when she contacted them they had already sent it. Try to get help before they send it back cos if they send it back you have a long wait ahead of you.

Edited March 10, 2012 by Olami

[Iyawo_Omo_Yoruba 31]

I was originally told 120 days to, but if you call the USCIS they will tell you that the real wait time is 180 days for anybody. We were denied cos they say my husband did not answer the questions in a timely matter and that he seemed unsure about his answers. My Congressman tried to help us before they sent it back, but when she contacted them they had already sent it. Try to get help before they send it back cos if they send it back you have a long wait ahead of you.

Wow, how misleading they can be for all us going through this!

My Congressman's office did nothing but check for us, if I had known to ask her to take it to Washington, maybe that would have helped. Too late now, after many contacts from her to Lagos, they finally sent the paperwork back here. So I guess I will be in the holding pattern longer than what they told me.

Like a toddler, whose hand is smacked when reaching for something they shouldn't have, that's what I feel like.

[Nigerian Queen 16]

Going over there requires a HUGE amount of money all at once, what I make in income qualified, so that isn't even a determining factor, in my opinion.

And as for where he lives, it doesn't matter. Love has no boundaries. This man, and I have to choose words carefully here, did not give my husband respect, for he laughed at him the moment he saw him and continued through the 5 minute interview.

I agree that's what happened to my fiance at his interview the CO made fun of him and made him feel humiliated

[Nigerian Queen 16]

to tell u the truth it doesnt really matter age or anything in front of a consul i had my interview on March 5 2012 im 29 and my husband is 32 we were denied under 2 sections first beccause i divorced and remarry whithin 2 months being separated and divorced under Abandoment for 4 years from my ex i traveled more than 2 times a year and stil that wasnt enough for the consul the other was false materials that we presented which at no time we done but then again its based on luck i wasnt ask to show proof i was just degraded and that is why i am going to fight this battle to the end there r so many people that get away with Fraud and the ones that r really togeter for love gets denied but only if u give up which i am not even if i have to move to where my SI lives i will but no way will i let a decisiom from a consul take away all i worked for and my happiness

The same here I was separated for for 3yrs before I divorced and in the same month I divorced I filed a k1 petition. And its messed up of how the CO misjudge someone. Couldn't agree more about fraudulent relationships they get through without a problem.

[Iyawo_Omo_Yoruba 31]

I agree that's what happened to my fiance at his interview the CO made fun of him and made him feel humiliated

That kind of treatment is terrible! They have the right to be treated with respect and dignity. It matters not if it is a tactic used to make them nervous or whatever, it clearly states in their policy that all applicants will be treated fairly, and with respect and dignity. Huge fail of following their own statement!

Sorry that your husband felt humiliated. No human has the right to do that to another person, regardless the circumstances!