Visa denied

[ten 0]

My fiance got a letter saying he was found ineligible to receive visa due to section 212(a)(5)A. I am so stress out and I don't know what we should be doing next. They didn't even give him anything else on what to do next. Delhi embassy says there is nothing they can do over the waiver application process and the case has been sent to USCIS. I am so confuse on what to do next. Am i suppose to just wait till USCIS writes us back and how long are we suppose to wait? I don't even know why they denied his visa because we had all our papers accordingly, but my fiance did say the man who interview him didn't even look at our pictures and letters.

Please help. Anyone else having this issue?

Thank You

ten

Edited March 23, 2013 by ten

[AZRG <3 13]

I'm sorry your visa was denied.

I've read of a lot of visa cases denied at that embassy.

Hopefully someone who has gone through this can help you.

Best of luck to you.

[Boggy1974 124]

There are a host of grounds for an alien being ineligible to receive visas and inadmissible to enter the USA.

What issue(s) did your fiancé have? And what box did they check as the reason for ineligibility/inadmissibility?

[Inky 1,111]

My fiance got a letter saying he was found ineligible to receive visa due to section 212(a)(5)A. I am so stress out and I don't know what we should be doing next. They didn't even give him anything else on what to do next. Delhi embassy says there is nothing they can do over the waiver application process and the case has been sent to USCIS. I am so confuse on what to do next. Am i suppose to just wait till USCIS writes us back and how long are we suppose to wait? I don't even know why they denied his visa because we had all our papers accordingly, but my fiance did say the man who interview him didn't even look at our pictures and letters.

Please help. Anyone else having this issue?

Thank You

ten

212(a)(5)(A) is Labor Certification issue, are you sure this was the correct information on the denial letter?

- to be a bit more clear 212(a)(5)(a) is misrepresentation, i'm wondering if you mixed up the A and a in the notice.

Edited March 23, 2013 by Inky

[VanessaTony 3,567]

The code he received is what's given as a generic "he's not eligible" but what it usually means is they don't believe your relationship is real.

212(a)(5)(A) is Labor Certification issue, are you sure this was the correct information on the denial letter?

Yeah.. that's the standard code given when they think the relationship is fake.

[ten 0]

So what am i suppose to do next? It has been over 14 months already since i first applied for his visa. Is USCIS going to contact me or him?

Thank you for your response.

There are a host of grounds for an alien being ineligible to receive visas and inadmissible to enter the USA.

What issue(s) did your fiancé have? And what box did they check as the reason for ineligibility/inadmissibility?

[ten 0]

There are a host of grounds for an alien being ineligible to receive visas and inadmissible to enter the USA.

What issue(s) did your fiancé have? And what box did they check as the reason for ineligibility/inadmissibility?

They checked section 212(a)(5)A.

[VanessaTony 3,567]

So what am i suppose to do next? It has been over 14 months already since i first applied for his visa. Is USCIS going to contact me or him?

Thank you for your response.

Usually your file will be sent back to USCIS. In a few months they will either send you a notice of intent to deny, or they will re-affirm your case and send it back again for interview. If the former they will give you the chance to send in more info and then hopefully reaffirm and sent it back to USCIS.

It'll be a few months yet.

[Sooooon 11]

I'm sorry, our prayers are with you and I deeply hope you don't give up and are given the chance to either fix the problem or work something else out.

[Boggy1974 124]

They checked section 212(a)(5)A.

What I would be doing is gathering more info on the bona fides of the marriage/r-ship.

There are lots of material in the 'guides' on top of this page detailing what you would need to prove evidence of a bona fide marriage while you wait for your case being returned to USCIS.

I would also consult with an immigration attorney who have dealt & had success with a returned petition. Good luck!

[NigeriaorBust 4,087]

If it is a K1 visa they also may just say the validity of the approval has expired and you are free to file again. How many times did you visit your fiance before/after you filed and for how long ?

[Ebunoluwa 6,136]

Csc lets all returned petitions expire. Vsc sometimes reaffirms. It may take 6-8 months to hear from uscis if you hear anything at all. Keep gathering proof that you are bona fide and refile a k1 or marry and file a cr1.

[Ebunoluwa 6,136]

The code is standart refusal for their findings of not bona fide at your embassy. They use the labor cert code which is stupid but a fact. You dont need a lawyer to tell you the same thing based on the info you shared.

[bigdog 376]

Hang in there listen to advice, obtain professional assistance if necessary.

[ten 0]

The code is standart refusal for their findings of not bona fide at your embassy. They use the labor cert code which is stupid but a fact. You dont need a lawyer to tell you the same thing based on the info you shared.

my fiance told me the man who interviewed him didn't even looked at our engagement pictures, or any of our letters, skype history, or anything. I am so sad and depress.