IR1 visa

[Danrog 1]

IR1 visa denied twice n reapplying again can somebody help me that how long process takes n wat r the chances this time.

[Transborderwife 4,666]

Why was it denied?

[Danrog 1]

First time they gave 221g rite away without any question n without seeing any evidence n later we got to know that they denied after 221g review by saying an Indian guy married to Latin American girl that's not common n then we got NOIR from uscis n we submitted more evidence n our case reaffirmed by uscis n we got second interview in New Delhi embassy n in this interview consulate said our marriage certificate is not legit ( we married according to Indian ritual ) n they dint gave us chance or time to submit supporting documents n denied again so we applying again n my wife she's expecting our first baby also so if u can help us that wat r the chances we have n how much time it'll gonna take.

[dwheels76 5,468]

First time they gave 221g rite away without any question n without seeing any evidence n later we got to know that they denied after 221g review by saying an Indian guy married to Latin American girl that's not common n then we got NOIR from uscis n we submitted more evidence n our case reaffirmed by uscis n we got second interview in New Delhi embassy n in this interview consulate said our marriage certificate is not legit ( we married according to Indian ritual ) n they dint gave us chance or time to submit supporting documents n denied again so we applying again n my wife she's expecting our first baby also so if u can help us that wat r the chances we have n how much time it'll gonna take.

So did you get the marriage certificate fixed and all other issues fixed. 2 times around that's uncommon and no way to say the outcome. I would seek an immigration attorney that is versed in your embassy right away. Why file again and get the same result.

[Danrog 1]

So did you get the marriage certificate fixed and all other issues fixed. 2 times around that's uncommon and no way to say the outcome. I would seek an immigration attorney that is versed in your embassy right away. Why file again and get the same result.

We do have attorney n he's the only one suggested to reapply instead of waiting for reply from uscis n yes we have all the documents to make it legit infact we had then also but consulate never gave us chance to show it to them n I jst want to understand wats gonna b the time period cause I want to b with my wife at the time of our kid.

Edited November 22, 2014 by Ryan H

[Ketsuban 1,034]

We do have attorney n he's the only one suggested to reapply instead of waiting for reply from uscis n yes we have all the documents to make it legit infact we had then also but consulate never gave us chance to show it to them n I jst want to understand wats gonna b the time period cause I want to b with my wife at the time of our kid.

If you're starting from scratch then it will be a year or more from filing the I-130 petition to interview, plus however long AP takes after the interview if you get stuck in it.

[dwheels76 5,468]

We do have attorney n he's the only one suggested to reapply instead of waiting for reply from uscis n yes we have all the documents to make it legit infact we had then also but consulate never gave us chance to show it to them n I jst want to understand wats gonna b the time period cause I want to b with my wife at the time of our kid.

Seriously he suggest starting all over again. You didn't involve your senator or congressman after your 2nd interview and you had in your hands what they ask,. So now you are starting all over again. Yes like other poster said you are looking at a year at best.

Be prepared to go to the end of the line if this new "REFORM" gets through. Sorry there's no fast track.

[Danrog 1]

We tried everything already contacted senate n congressman too they wrote already to embassy but embassy dint reply to them also so in this already month went by after deny so attorney saying reapply instead of just waiting.

[Transborderwife 4,666]

We do have attorney n he's the only one suggested to reapply instead of waiting for reply from uscis n yes we have all the documents to make it legit infact we had then also but consulate never gave us chance to show it to them n I jst want to understand wats gonna b the time period cause I want to b with my wife at the time of our kid.

Sorry but it sounds unlikely that you'll be at your child's birth unless you visit on a tourist visa then go back home

[Danrog 1]

So if I apply b1/b2 visa just to be there for our child's birth is there any chance they will grant me that to visa.

[Transborderwife 4,666]

It might be tough seeing as you have two denied ir1's. You'd have to prove more than ample ties to your home country proving that you'd return. But if being with your wife for your child's birth is important it's worth the try. Perhaps her moving to you is another option.

[NikeS 49]

Quick questions: is this is the second application but you had 2 interviews in the first application?

Was your I130 approved?

Do you have a marriage certificate now? You mentioned an Indian wedding earlier, does that come with a marriage certificate?

Edited November 21, 2014 by NikeS

[Danrog 1]

Both interview with first petition only n ya i130 was approved that's how I got interviews n ya I do have registered marriage certificate n ya got married by Hindu religion n do have Hindu marriage certificate too along wid government registered marriage certificate.

[NikeS 49]

Ok that is clear.

This is what I think:

1. There is very little chance you will make it to the US in time for the birth. I'm sorry that is the reality.

2. You need to provide a lot of documentation regarding your relationship in your new application package. Don't leave it till your interview, submit pctures, documents, affidavits, everything you can lay your hands on.

3. You will most likely be denied a tourist visa with your history of a denied IR visa petition because you are an intending immigrant. For a B2 visa, you need to prove you have ties to your home country and aren't immigrating.

4. I am not sure your wife will want to travel to India for the birth for any number of reasons but you can consider it as an option. Also note if the baby is born in India then he/she will need some paperwork done in the US embassy before returning to the USA with a US Passport.

I hope this helps. All the best.

[Danrog 1]

Thanks NikeS info is really helpful jst one more thing do u know this new petition generally take how much time.