2 years since last visit. Does it cause refusal?

[sweetapple 1]

I and my husband met online in early 2007 and we met in person in 11/2007 (24 days). He came back for the 2nd time in 12/2008 (29 days). He made the 3rd visit in 2/2010 and we got married in 3/2010 (33 days). The 4th visit was from 11/2010 to 1/2011 (41 days). Since then he has not come back to visit me due to medical reason. He got car accident few months after he came back there and it causes back pain. He has to go therapy 3 times a week, down to 1 time a month now and recently has some epidural injection. I expect to have interview in December and he plans to come back in January, 2013. He does not have any vacation left that's why he cannot come back here sooner.

I would like to know your opinion on this. Does it cause refusal because he has not come back for 2 years? Is the medical reason acceptable? We will prepare the medical records and bring to the interview. Other red flags are he sponsored another Vietnamese girl on a K1 visa in 2005, and they divorce in early 2007 (seperated in late 2006); we do not have wedding reception but we do notice USCIS about that.

Your opinions is greatly appreciated.

Edited October 13, 2012 by sweetapple

[Dan_P 5]

I don't think that it will be a big deal, just get a letter from his doctor, records of medical bills just in case. Be sure to have phone bills, skype logs or what you guys used to communicate. Get a letter from his employer stating his vacation leave balance and usage.

The bigger issue is that he sponsored another Vietnamese girl, did you meet after the divorce was final, and how soon after if that was the case?

Not having a wedding reception is another biggie. Be prepared to explain thoroughly why you didn't have one.

[sweetapple 1]

Thanks for your opinion.

He and her officially divorced in 2/2007. He sent me friend request around 10/2006 and his first message to me was on 1/19/2007. We just talked here and there a little bit after that. We started talking more often and then everyday in late March 2007 and became couple in May 2007.

Our attorney wrote a letter to USCIS explaining briefly why we do not have ceremony. He told us that consulate cannot use this reason to deny us when USCIS is informed about this before they decided to deny or approve the petition.

Edited October 14, 2012 by sweetapple

[ScottThuy 140]

The overlap will likely cause an inquiry. The CO frowned on the fact that Thuy and I met before being divorced. They actually asked her a question or two regarding that aspect of the relationship and they did contact my exwife to ask her about our relationship and meeting.

He was there within two years of filing. Be ready to provide a mountain of evidence to support the validity of the current relationship. Don't be surprised if there are delays along the way.

[Dan_P 5]

Thanks for your opinion.

He and her officially divorced in 2/2007. He sent me friend request around 10/2006 and his first message to me was on 1/19/2007. We just talked here and there a little bit after that. We started talking more often and then everyday in late March 2007 and became couple in May 2007.

Our attorney wrote a letter to USCIS explaining briefly why we do not have ceremony. He told us that consulate cannot use this reason to deny us when USCIS is informed about this before they decided to deny or approve the petition.

I do not think that they will deny based on that fact, but it will raise suspicion, which may make it much harder. If your husband can make it back to your interview, then I think that that could help. Though, if your husband comes back, expect them to interview the two of you separately and expect it to be tough. It could be easy, but imo, i think that it is better to plan for the worst. If your husband doesn't come back, expect a blue. Even if he does come back, you may get a blue, but you are less likely.

Good luck.

[sweetapple 1]

Thanks for your opinion. My attorney actually thinks that our big read flags are no ceremony and no visit for 2 years. Although they cant use the first red flag to deny us, he says they may still ignore it. He suggests my husband coming back for the interview too. But either way, i know i will get a blue. I really prepare for getting a 2nd blue or case sent back already.

[Dan_P 5]

Thanks for your opinion. My attorney actually thinks that our big read flags are no ceremony and no visit for 2 years. Although they cant use the first red flag to deny us, he says they may still ignore it. He suggests my husband coming back for the interview too. But either way, i know i will get a blue. I really prepare for getting a 2nd blue or case sent back already.

For the no visit in 2 years, make sure it is well documented why. Bring copies of his visits to the doctor, etc. Ask his employer for his vacation and sick leave usage itemized, which should show that he had no vacation left to take. Make sure to have phone bills and skype logs or whatever you used. It will certainly be an issue, but one that, with proper documentation, can be overcome. obviously him coming to your interview would help in this regard.

The no ceremony is a hard one to overcome, whatever reason you have, make sure it's a good one and provide as much documentation as possible.

[sweetapple 1]

For the no visit in 2 years, make sure it is well documented why. Bring copies of his visits to the doctor, etc. Ask his employer for his vacation and sick leave usage itemized, which should show that he had no vacation left to take. Make sure to have phone bills and skype logs or whatever you used. It will certainly be an issue, but one that, with proper documentation, can be overcome. obviously him coming to your interview would help in this regard.

The no ceremony is a hard one to overcome, whatever reason you have, make sure it's a good one and provide as much documentation as possible.

Thanks. We will follow your advice.

[ScottThuy 140]

Thanks for your opinion. My attorney actually thinks that our big read flags are no ceremony and no visit for 2 years. Although they cant use the first red flag to deny us, he says they may still ignore it. He suggests my husband coming back for the interview too. But either way, i know i will get a blue. I really prepare for getting a 2nd blue or case sent back already.

They can use anything they want to deny you... or nothing at all... all they need to do is say relationship for immigration purposes only and send it back to USCIS.. happens all the time...

[sweetapple 1]

They can use anything they want to deny you... or nothing at all... all they need to do is say relationship for immigration purposes only and send it back to USCIS.. happens all the time...

Yeah I know about that. But I said that because my attorney told me that according to Department of State, consulate cannot use the reason which USCIS is informed at the time of approval to deny a petition. But he also said they might ignore it. So I just can prepare for the worst now, and I will not be surprised if my case is denied.

[Alaska101 2]

for the 2 years requirement, as long as you have concrete reasoning than you should be ok. you have to write them a letter and explain the reason with evidences. we were outside of 2 years requirment and got a RFP for it. i wrote them a letter and explain everything. we did not have any trouble after that. hope that help.

[sweetapple 1]

for the 2 years requirement, as long as you have concrete reasoning than you should be ok. you have to write them a letter and explain the reason with evidences. we were outside of 2 years requirment and got a RFP for it. i wrote them a letter and explain everything. we did not have any trouble after that. hope that help.

Thanks for your info. So your SO had interviewed and got blue? And they asked you to submit paper for that?

[Alaska101 2]

Thanks for your info. So your SO had interviewed and got blue? And they asked you to submit paper for that?

no, she got pink on right away. we had the RFP before the NOA2. We met again before the interview so i think that was another plus for our case. i booked the plane ticket before we even received the RFP for NOA2.

[sweetapple 1]

no, she got pink on right away. we had the RFP before the NOA2. We met again before the interview so i think that was another plus for our case. i booked the plane ticket before we even received the RFP for NOA2.

Your case is different than mine. My husband has not come back for almost 2 years after he filed the petition. But anyways, I will tell him to write a letter as you suggest.

Edited October 30, 2012 by sweetapple