CR1 Visa Denied!! 221g(a)(6)(c)(1)

[seema45 0]

Please read the below link about Visa ineligible Sections: Read specific apply in your situation. This may give some clue on why it was rejected...Also, think about your past relationship.

Here is the link:

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Good Luck!

hello everyone, can someone please point me in the right direction my wife had her CR1 visa interview on 12/1/2011,(i am a USC btw) she was gaven a 221g during the interview, last month she got a notice from the embassy saying her visa is denied cuz of 221g(a)(6)©(1) (entered marriage for immigration purpose) and they are sending the file back to USCIS, i got a letter from USCIS acknowledging they got the file back last week. now here's my story i was married once b4 but that marriage ended legally here in the state of ohio, i have divorce papers from the court. my ex wife got custody of our only child. During the interview in Dec the embassy kept on asking to my present wife about my past wife. consulate thinks me and my ex wife still living together. We only live in the same state NOT the same house, is it against the law to stay in the same state after divorce? i dont have much money for a lawyer rite now but what i can do to prove that my marriage is not fake, she took our wedding video/photos/ relatives / etc during her interview but all was no use,. i m attching the letter she got in the mail. please help ...thanks

(i will input my timeline asap)

[pushbrk 13,057]

Check the mena forum here..I read about some people who got reaffirmed after it was sent back..once they got the noir, they put together an extensive file without the help of a lawyer.

Organization and information are keys in your case: put together everything you can think of and prepare a letter on why they should not deny...and check the mena forum..

Good luck!

Not all people have the same aptitudes and abilities. I think the reason professional assistance is being recommended to the OP is that his posts demonstrate he lacks the motivation and/or aptitude and/or skills needed to do this on his own as indicated (for starters) by his inability to grasp the concept that the visa being "denied" and the case file being "sent back" to USCIS means she won't be "coming here" anytime soon BECAUSE the Consular IV unit believes the relationship is for immigration purposes only. (at least on the part of the foreign spouse)

[Deep2009 18]

Guys and Girls

There are great suggestion on the forum.

USCIS will get to your returned file and will reply back in 4-6 months, may be early.

They will lay down all of the things that consular found... all the issues that consular think are the points on their decision.

You will be given 30 days to respond back to the NOIR (notice of intent to revoke)...

You will respond back at that time....

There was a guy from California went through the same thing, his wife was denied, petition sent back and then he responded the NOIR from USCIS, his petition was re-approved and he went to his wife's second interview at Delhi (Delhi Embassy allow petitioner at beneficiary's interview). She was approved without asking any questions.

Now, both came back end of April 2012 to US and living together here.

Please email me personally if need more info (we may exchange phone numbers and discuss), I can not write anything on his case without his permission.

Edited June 25, 2012 by Deep2009

[andy desai 3]

mumbai consulate is tough..

[TimeTravel 78]

mumbai consulate is tough..

I feel they are very nice to candidates. Seems to work harder to understand each case.

[rade2rising 205]

very sad news best to wait for NOIR to get proper explanations before jumping to conclusions

in the mean time gather more info and proofs maybe make a trip to India and await further instructions.

[andy desai 3]

lets hope that life will be fine in the US.. this is the initial struggle phase. hopefully should be over soon

good luck.. gather all the documentation and evidence. that is the best you can do.

[pgupta 19]

what questions they asked your wife?

what evidence you gace about marriage?

i have similar case like you, but i my ex live in another state.

[Lynn n Sam 57]

hello everyone, can someone please point me in the right direction my wife had her CR1 visa interview on 12/1/2011,(i am a USC btw) she was gaven a 221g during the interview, last month she got a notice from the embassy saying her visa is denied cuz of 221g(a)(6)©(1) (entered marriage for immigration purpose) and they are sending the file back to USCIS, i got a letter from USCIS acknowledging they got the file back last week. now here's my story i was married once b4 but that marriage ended legally here in the state of ohio, i have divorce papers from the court. my ex wife got custody of our only child. During the interview in Dec the embassy kept on asking to my present wife about my past wife. consulate thinks me and my ex wife still living together. We only live in the same state NOT the same house, is it against the law to stay in the same state after divorce? i dont have much money for a lawyer rite now but what i can do to prove that my marriage is not fake, she took our wedding video/photos/ relatives / etc during her interview but all was no use,. i m attching the letter she got in the mail. please help ...thanks

(i will input my timeline asap)

I'm sorry, I certainly know how you feel as we got the same decision from Mumbai back in January (except ours was a K1). We are still waiting to hear something as our case is still with the consulate 6 months later. It seems to be undergoing some sort of AP even though we were denied and I don't understand it at all. We're trying to seem a little hopeful that it hasn't left for the USCIS yet but we can't get any answers other than it's still "under administrative review". On the other hand, we're also hoping it's not just sitting and collecting dust with nothing being looked at and then they decide to send off to the USCIS. SIGH

Best of luck to you both!

[Ebunoluwa 6,136]

hello everyone, can someone please point me in the right direction my wife had her CR1 visa interview on 12/1/2011,(i am a USC btw) she was gaven a 221g during the interview, last month she got a notice from the embassy saying her visa is denied cuz of 221g(a)(6)©(1) (entered marriage for immigration purpose) and they are sending the file back to USCIS, i got a letter from USCIS acknowledging they got the file back last week. now here's my story i was married once b4 but that marriage ended legally here in the state of ohio, i have divorce papers from the court. my ex wife got custody of our only child. During the interview in Dec the embassy kept on asking to my present wife about my past wife. consulate thinks me and my ex wife still living together. We only live in the same state NOT the same house, is it against the law to stay in the same state after divorce? i dont have much money for a lawyer rite now but what i can do to prove that my marriage is not fake, she took our wedding video/photos/ relatives / etc during her interview but all was no use,. i m attching the letter she got in the mail. please help ...thanks

(i will input my timeline asap)

What concerns me the most about your case is the 221g (a)(6)©(1). The 6c stands for misrepresentation.

A simple return for lack of bona fide relationship and appropriate rebuttal for USCIS to reaffirm would be easier to deal with. However the 6c misrep marker on the paper you were given presents a whole other and very serious issue.

You need to find out what their findings are, in other words what exactly they think was misrepresented.

Has a previous visa application, such as a B2 been submitted with different data/answers ?

Something they are seeing is inconsistent with the data, documents or answers, everything gets cross checked.

Misrepresentation will be an automatic life time ban and you may or may not qualify for a waiver.

A waiver is something you can not put together on your own and is very expensive as most attorneys charge around $4000.

A hardship letter must be written, several pages long and supporting evidence needs to be submitted to proof extreme hardship.

They don't care about the beneficiary's hardship but the burden of proof is now with the USC to proof hardship of being

without the beneficiary.

Not only do you need a lawyer but you need a very good one who has experience with waivers at your consulate.

The waiver process can take another year and there are no guarantees it will get approved.

[lonely135 0]

If you can prove that you are in a legitimate relationship with paperwork when responding to the NOIR/NOID - then yes, she will be able to get the visa.

What's the back story on your ex though? Something got the CO thinking. There is absolutely no issue living in the same state or for that matter the same town as your ex [many divorced parents I know try to stay in the same school district...].

Are you desi also? Did you immigrate to the US at some point? Are there some "red flags" like significant age difference, significant class/caste difference, etc, etc, etc?

Did you go over on a Friday and meet her for the first time then marry on Saturday, fly home on Sunday, and file on Monday? That kind of thing makes COs suspicious too.

Ya i came in '94 we have abt 11 years of difference same class/caste n NO this was not a weekend marriage deal

[lonely135 0]

THEse are the questions that were asked over n over

Is it your first marriage?

Is it (my name) first marriage?

Where was (my name) married previously?

Where was (my name) marriage held?

When was (my name) marriage held?

What is her name?

Is there any child of (my name) and (my ex wife name)having?

What is name of child?

Where does (child name) live?

Where does (ex wife) live?

Where does (my name) live?

Are (my name) and (my name) living together?

Is your mother in law is your aunty in your relationship?

Who is (co-sponsor)?

Describe youe whole family name

[catknit 144]

Some follow-up questions lonely135-

When you came in '94 was the visa and/or subsequent citizenship made possible by your first marriage? In other words, did your 1st wife sponsor you?

I take it your current wife is 11 years younger than you? Did you know your current wife prior to coming to the US originally or while in your first marriage?

It's good to hear it wasn't a weekend marriage . The COs do see things like that a lot and are rightly suspicious.

[catknit 144]

"Is your mother-in-law is your aunty in the relationship?"

Did you marry a cousin? Or a sister-cousin? Cause that can be another whole hot mess where it may be seen that your family is just trying to get as many family members over as possible as quickly as possible....

[lonely135 0]

Some follow-up questions lonely135-

When you came in '94 was the visa and/or subsequent citizenship made possible by your first marriage? In other words, did your 1st wife sponsor you?

I take it your current wife is 11 years younger than you? Did you know your current wife prior to coming to the US originally or while in your first marriage?

It's good to hear it wasn't a weekend marriage . The COs do see things like that a lot and are rightly suspicious.

i m came in 94 through my grandma (grandma applied for my mom n i was listed along with my mom).

i didnt know my ex wife or my current wife prior