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Cr1 visa denied

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Filed: K-1 Visa Country: Wales
Timeline

They can ask what they want.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline

Refiling isn't really an option since the current petition only has two possible outcomes once the file is received back by USCIS.

Once the original petition dies (which it probably will) what exactly is preventing her from refiling?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Correct a marriage petition doesn't expire, she can formally withdrawl it and re-file. It's a 3 step process.

Step 1 contact a immigration lawyer about your options.

Step 2 Formally withdraw CR1 petition, if that is your desire.

Step 3 RE-file after CR1 petition withdrawl has been acepted by USCIS, or wait for the NOIR or NOID.

Step 4 Follow advise given by lawyer.

Edited by LIFE'SJOURNEY
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I must ask why is everyone advising she get a lawyer? Is a CR1 denial a non-DYI type of situation?

Nope, CO didn't believe the marriage was true, she now has to prove them wrong. Someone has to fix all of the negatives to postives. Only a lawyer or some other neutral party can see the entire picture from both sides, the petitioner can't be neutral in her own situation.

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Filed: Timeline

Thank you for your comment but I was told that its not a good idea to withdral my petition and refile I just don't know what to do and to get a lawyer will be hard 1 because they charge to much and 2 they all have different opinions and I don't know who to believe I guess I just have to wait

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Filed: K-1 Visa Country: Wales
Timeline

What do you think?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you for your comment but I was told that its not a good idea to withdral my petition and refile I just don't know what to do and to get a lawyer will be hard 1 because they charge to much and 2 they all have different opinions and I don't know who to believe I guess I just have to wait

Most consults are FREE, no hard in listerning to free advise.

To do nothing, nothing will get done, to do something, something may happen.

Edited by LIFE'SJOURNEY
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Filed: Lift. Cond. (apr) Country: China
Timeline

Once the original petition dies (which it probably will) what exactly is preventing her from refiling?

Approved spousal visa petitions never expire. When a spousal visa petition is sent back by an Embassy or Consulate, action on it will eventually be taken (with an emphasis on eventually).

A response to an NOIR if one is in fact issued (better than 50% chance that one will be) gives the petitioner the chance to officially respond to the findings of a CO whereas withdrawing and refiling (as well as paying new fees by doing so) does not really do that so to speak. From my point of view, it's probably better to prepare a proper NOIR response. While an NOIR response does not guarantee reaffirmation, a proper response increases the chances of reaffirmation.

For the OP:

A reaffirmed petition will be returned to the Embassy for another interview. Do realize that a second interview does not guarantee approval, people will say that a CO cannot deny for the same reason twice, that's not 100% correct. For example, the first interview was a denial for relationship non bonafide, for immigration purposes only; a CO can deny an application for that reason a second time; the difference is they cannot use the same underlying reasons to arrive at that determination, they must have a whole new set of reasons.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Timeline

Thank you so much I'll just keep gathering evidence until they send me a letter it just take so long something that suppose to be for a couple of months who knows how long it will take its been 8 months since the interview and nothing ky concern also is we want to have a child and my doctor had told me because of my age diabetes I would need to do invitro and that costs alot of money and my husband and me were both going to save up the money but now it probably won't happen because the more time passes the chances will be slim for me to conceive

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Here's the flow - as I understand it -

http://www.visajourney.com/forums/topic/368304-my-husband-visa-denied-what-i-do-next-please-help-me/page__view__findpost__p__5380104

but - it may be that you have some postal issues. IE - USCIS send out notices to you, but were returned back to the them because of either an address change or the usps postal carrier being a 'tardo (many are) .

So - call into USCIS on Monday, get an ISO , and ask about any returned mail pieces on you. If you do, indeed, find out that there are returned mail pieces, correct yer address with the ISO and ask for the mail to be sent to the updated address.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Then I think 8 months is too long a time. Where's the casefile as of Friday? I'd be more worried about that, than anything else, alas.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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