Will prior Denial have impact on new application

[dwheels76 5,468]

I am posting this for someone else.

"I got married to a USC in October 2011 at a registry in Lagos, Nigeria. My first interview was in October 2012, but I was denied. The reasons being that my mum wasn't present at the wedding.

I was so devastated, my husband reapplied again. USCIS later requested for more evidence for the previous application, but my husband advised them to terminate it since we have a new application.

Thankfully, the new application has been approved and sent to NVC now.

What should I expect at the interview? I hope the previous reasons stated won't crop up again. I have the picture of my mum and husband to take with me now. Would that be useful? Please i need your candid advice. Thank you"

[Ebunoluwa 6,136]

Yes, the issue will come up again and the pic is ok but more pics of hubby and family would be strongly advisable.

Also, a sworn (if possible) affidavit letter from the Mom stating that she is delighted to have such a wonderful....

blah blah blah.....and is fully in support of their marriage and the reason she did not attend was blah blah blah.....

( was that the Ghana wedding ?)Several family letters, Mom, POP, siblings, Grandma etc.

That case sounds familiar. They should not have re filed. I am thinking that perhaps the two cases are practically

alive and the CO can go with either, not sure, don't have enough info to go by.

As you know CR1's do not expire, was it really withdrawn or just withdrawn in theory and NVC/Lagos will do

whatever they want.

A quick visit with more pics now or right before the interview with more family pics would be great.

They shouldn't have withdrawn but stayed with the initial petition. Let me know what happens, interesting due to the

withdrawn first petition and if they acknowledge that in phase 2 , even though USCIS went with it who knows what the heck Lagos will do.

Best wishes for the couple !

Complete copies of first and second petition should be had at interview and also his letter of withdrawing

the first petition along with USCIS confirmation of it ...if any.

[del-2-5-2014 1,339]

Did they actually came out and wrote that reason for denial on paper? If so can you share it?

We were denied for a K1 last year for lack fo bonafide relationship. I now know why adn it's because Fiancee answered a questiosn completely wrong, frankly I woudl have questioned her relationship too.

Fast forward 10 months later and after she was told she was getting a visa by the CO. The CO pointendly asked her why she gave the answer that she gave last year?

So IMHO, yes they can look at the same denial reason adn the onuis is nwo on you to overcome it. Certainly you can't recreate weddings so that your Mum can be in it but I would think that you should be able to show pictures of you and your Husband with your Mum especially but with other family.

Interestingly enough there was a similar case to yours recently.

[NigeriaorBust 4,087]

If you failed to respond the the RFE then the visa would have been closed and may have left fraud markers against you ( The thought your relationship was for immigration purposes and you failed to dispute it when asked for more evidence ) Hopefully you specifically addressed this issue in your new filing so that it has been reviewed and decided stateside. If not , it will come up at interview and it can be used again to deny you. Prepare well for the interview but remember they are NOT obligated to look at evidence brought in for the interview.

[Peter79 0]

hmmm interesting....my wifes parents also haven't been at our weding, because they don't speak for years (...not fill for visa yet)

[Pitaya 2,577]

Depends on the denial, and whether the circumstances of the denial have been alleviated, or remedied.

[dwheels76 5,468]

Depends on the denial, and whether the circumstances of the denial have been alleviated, or remedied.

Unfortunately the letter from USCIS came after they reapplied new petition. I did ask after looking at the letter did you address all the denial issues stated. I am waiting on response.

[dwheels76 5,468]

Update:

We submitted more evidence with the new application, but we still have more with me i.e the pictures of parents with us and also some other meaningful people that are important in our life.

We got a notice since Dec 3rd that they have approved the application from USCIS but up till now my husby has not received any mail from NVC, please how long do we have to wait?

Also, the status update for the initial application we sent a mail to USCIS to cancel is still in initial review as at November 21st 2013, please what are they really up to?

Edited December 19, 2013 by dwheels76

[dwheels76 5,468]

Update:

We submitted more evidence with the new application, but we still have more with me i.e the pictures of parents with us and also some other meaningful people that are important in our life.

We got a notice since Dec 3rd that they have approved the application from USCIS but up till now my husby has not received any mail from NVC, please how long do we have to wait?

Also, the status update for the initial application we sent a mail to USCIS to cancel is still in initial review as at November 21st 2013, please what are they really up to?

Okay your new petition that was approved goes to NVC. And its way too soon to be hearing from NVC. Its taking for some 8 weeks or more to reach NVC. But you need to be calling now every day until you get a case numver. You and your husband need to be reading up on NVC.

You went through it before so i am sure yo know wht to prepare but go to the NVC filers thread. Much has changed in the last few months at NVC and you need to read up.

Read post #1 and #2. http://www.visajourn...-december-2013/

Your denied petition that was returned will be in intial review because they are waiting on your evidence. It will stay that way indefinately they aren't doing anything. Don't worry about it since you have new petition.

Just be sure the letter USCIS sent to revoke that has all the points the CO made for denial that you have that evidence in your package. You can still submit more evidence with your IV package at NVC. That evidence can not wait ntil interview. rememeber they can deny you for the exact same thing again since this is a new petition so you need to prepare now.