I am still shaking and scared!!!! IR-1 / CR-1 Spouse Visa

[Darnell 8,479]

You filed a new I-130, a 2nd I-130.

Since the casefile is headed to Nigeria, I suggest you learn a bit about 'sideloading' the casefile when submitting the DS-230 into NVC, during NVC doc intake. When I write 'learn a bit' - I hope you'll dig in the MENA forum and read about casefiles headed to Nigeria, what petitioners have done to submit evidence of a bonafide marriage.

for now, don't file the I-129F - it's a waste of time.

[Cathi 5,783]

withdrawing and refiling does not fix the reason for denial, you should have waited for the NOIR and addressed it at that time. Did you front load the new petition with A LOT of evidence? If not you need to do so st the NVC stage. You are dealing with one of the most difficult consulates, you need to send mountains of evidence of an ongoing, bonafide marriage. If you do not fix what was broken it will just result in another denial.

[dwheels76 5,468]

My husband was denied Feb this year in Nigeria and we have been married since march 2012, Reason was the CO said it wasn't a bonafide relationship and didn't state reasons or set up a date afterwards demanding for more paper work and then offered him a 221 g form. We terminated the application because it is time consuming, Now we are waiting for the I-130 form to be approved and its been 3 months and 2 weeks already. Do you advice we file the I- 129f or to wait until the approve it. The application process has rather become very worrying than easy going for my husband to join me here in the United states. Also in such situation do you think there is anything to be done to build up a successful application and hence go through the CO without any problem?

Hello Godswillon73 sorry to hear of your denial. Let me break this down to you.

First what is done is done. You should have never cancelled your first petition. Now you have no way of knowing why you were denied. About everybody who is denied gets the generic "didn't convince CO of Bonafide relationship". That can mean a million things. Here a list just to name a few.

1. Didn't have traditional marriage

2. Chats and emails very generic

3. USC women is older than immigrant past child bearing years

4. USC women is divorced with children from previous relationships

5. Not enough face time (visits)

6. Visits short in duration

7. Lack of pictures with friends and family

This is Nigeria did you by chance front-load your petition? Meaning putting your evidence upfront submitted with your I-130 petition. Or did your husband bring the bulk of evidence to interview hoping to hand over to CO?

With a denial your case would have been sent back to USCIS and you would either have been reaffirmed (meaning USCIS says they back up the approval and send your petition back to embassy) or

You would have got a NOIR or NOID which would have addressed each of the denial points the CO listed (like what I said above) and you would have had to address each item with evidence, send back to USCIS and got re-approved and sent back to embassy.

Most get this done within a year from denial. But now refiling you have put yourself back in the bucket to be denied again if you didn't address what they denied you for . So this is a through the kitchen sink at them time. I pray you front-loaded.

And unfortunately you have to realize in fact I will just let the words of USCIS tell you what happens after a denied interview about evidence submission so hope you didn't submit anything that happened after interview.

"USCIS is aware that the type of evidence to establish the bona fides of a marital relationship can be somewhat limited when one spouse lives in the US and the other lives overseas.

However the burden is on the petitioner to provide evidence that gives insight into that nature of their claimed relationship and the level of their emotional involvement, as a bona fide marital relationship is one that involves a fusion of two individual’s lives.

Such involvement in their lives together would be expected for a married couple who intend to spend the foreseeable future together.

Further, any submitted evidence must give insight into the claimed relationship during the premarital courtship stage, the marital stage before the visa interview, and the marital stage after the visa interview. Merely submitting documentary evidence from the period of time after the visa interview will not be deemed sufficient, as the temptation exists to create the appearance of a relationship as the result of a refused visa"

You cancelled all that now you have no idea so we have to play guessing game.

my thoughts to you is look through this list of evidence to consider. For Nigeria however leave out any Money transfers (western union, money gram, bank transfers). Just not a good idea going in or coming out.

Bonafide Evidence suggestions

1. Evidence of Communication Before and After Marriage

• Phone bills showing who called whom
• Letters
• Greeting cards
• Chat logs
• Emails / PM’s
• Delivery receipts (of gifts you send each other)

2. Evidence of Visits / Vacations / Meeting in Person

• Boarding passes
• Passport stamps
• Hotel receipts with both your names
• Vacation / honeymoon photos
• Receipts or bank statements showing remote ATM withdrawals (to show you were pulling money from that location at such time)

3. Evidence of Co-habitation During Marriage

• Birth certificates of any children born to you together
• Mortgage loan contract or lease contract with both partners’ names in it
• Utility bills with both partners’ names
• Receipts with both partners’ names in shipping/billing address
• Pictures of you two living together

4. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

• Joint bank account statements
• Proof of joint credit card use
• Money transfer receipts Western Union or Money Gram NOPE don't do it!
• Power of Attorney
• Wills (never used this)
• Utility bills
• Life insurance policy showing spouse as beneficiary
• Health insurance
• Car insurance

5. Photographic Evidence

• Photos of you two together
• Photos of you two with family (such as wedding, parties, kids’ graduation, etc.)
• Photos of you two in various locations and times

6. Evidence from Others in Support of Bona Fide Marriage

• Sworn affidavits of friends and/or family
• Letters/cards from friends and/or family

[Godswillon73 0]

I had my attn write to them and just recently I got a mail saying short notice today from USCIS saying they have received the first case back from the State Department and that they will notify us of any action they decide to take. This does not change anything

[Godswillon73 0]

Thank you all this is very helpful, God bless you all.

[dwheels76 5,468]

I had my attn write to them and just recently I got a mail saying short notice today from USCIS saying they have received the first case back from the State Department and that they will notify us of any action they decide to take. This does not change anything

Well who knows you might be able to find out some info unless they just file things away.

How did you cancel/withdraw your petition by the way?

[Godswillon73 0]

I did it through my lawyer, I was given the option waiting indefinite and to refill but we needed to work with time? Time is very important.

[Darnell 8,479]

did the lawyer frontload the I-130, or no ?

[Godswillon73 0]

Yes

[dwheels76 5,468]

Yes

I am just surprised a lawyer would cancel a denied petition without finding out why?

Sure it happens all the time with K1's and they withdraw their petition and marry. Being married holds more validity. But to be denied at the IR1/CR1 you are already married and not know the specifics.

And as I posted anything submitted after interview will just look like a way to impress especially getting a lawyer now Everything will look like staged for immigration appeasement.

So did you just focus on what happened after interview or focus more on the before during and after the marriage. Everything before the interview?

And what did you submit different this time than the last time that would shed better light on your relationship?

And again how exactly did the lawyer withdraw the petition? Who did he send the letter to?

he may have made it a longer road for you depending where he sent it.

Edited August 16, 2013 by dwheels76

[NikLR 13,232]

I think you need to go talk to your lawyer and decide what to do. OR get a new lawyer that knows what they're doing.

[Darnell 8,479]

with notice from USCIS that the first petition is 'back' , I think the lawyer withdrawing anything at the IV unit failed.

[pushbrk 13,059]

I had my attn write to them and just recently I got a mail saying short notice today from USCIS saying they have received the first case back from the State Department and that they will notify us of any action they decide to take. This does not change anything

If you have an attorney you're confident in, follow their advice. However, I would question any decision to withdraw the original petition and file again.

[amysummer13 7]

My husband was denied Feb this year in Nigeria and we have been married since march 2012, Reason was the CO said it wasn't a bonafide relationship and didn't state reasons or set up a date afterwards demanding for more paper work and then offered him a 221 g form. We terminated the application because it is time consuming, Now we are waiting for the I-130 form to be approved and its been 3 months and 2 weeks already. Do you advice we file the I- 129f or to wait until the approve it. The application process has rather become very worrying than easy going for my husband to join me here in the United states. Also in such situation do you think there is anything to be done to build up a successful application and hence go through the CO without any problem?

Which of the processes was denied? K1 or CR-I?

[pushbrk 13,059]

Which of the processes was denied? K1 or CR-I?

The couple is married, so no possibility of a K1 fiance visa. For a spouse, the I-129F is theoretically for a K3 visa, not K1.