Cr1 denied twice

[bestofboston 36]

The embassy can only deny a CR1 visa if they can show fraud. If there is any information that was provided to the USCIS that was false and the embassy discovers that he is lying about something is grounds to deny CR1.

Basically once approved by the USCIS and the NVC has processed it, the person is good to come to the US and that the embassy interview is the final screening to determine if what was submitted in the application is consistent with information provided by him during the interview.

[CowBoE 429]

My husband's cr1 visa denied twice by New Delhi (USA embassy) n then case been sent back to NVC in nov/2014 but now I check wid uscis regarding my petition n uscis said our case has been forwarded to department is states for visa process so my question is is it possible cause I've been told by lawyer it's gonna b leanthy procesure n uscis suppose to send me notification to appeal for revocation of embassy decision but online n uscis saying my petition is been sent to NVC by uscis without contacting me so if anybody can help me??????

My co-worker finally got the spouse visa approved in 8 years after 2 rejections.

Wife and husband are both Pakistani, and wife is USC.

Their 3rd attempt was supposedly helped by...

1. She visited him every year

2. She got pregnant during one of the visits

3. She was having severe depression of being separated for many years,

raising the child in US by herself, and the thought of having to file for divorce

not because of marriage problem, but due to the immigration logistics.

4. Doctors statement on her severe depression

What's interesting is they had used the lawyer for the first 2 times they were rejected,

and the 3rd time, they filed it by themselves because they had learned from

previous filings.

Wish you much luck in you case.

[Darnell 8,478]

Thanks for all replies it's been helpful n I'm doing all I can means calling everywhere n contacting congressman too but my question here is still remain unanswered.

Does uscis can send back embassy refused case to nvc for visa process without contacting petitioner???????

Thanks for all replies it's been helpful n I'm doing all I can means calling everywhere n contacting congressman too but my question here is still remain unanswered.

Does uscis can send back embassy refused case to nvc for visa process without contacting petitioner???????

it is possible that the casefile went from nvc to uscis who re-affirmed it without your input, then back to nvc.

why this path? casefile contents sufficient to re-affirm, no NOID or NOIR issued.

However, an ISO with USCIS can see what's going on - it's not a trivial thing to get an ISO on the phone with USCIS call center, at all.

[Danrog 1]

So Dave or anybody else can give me an idea what r my chances in this upcoming counsulate interview ( though I do have more evidence wid me from last time ).

[Danrog 1]

So Dave wat u think wat our chances on this upcoming consulate interview ( though I have more evidence this time from before )

Yes, the USCIS can send the case back without contacting the petitioner if they feel the Embassy acted incorrectly. It is rare. Usually the USCIS issues a NOID (notice of intent to deny) to the petitioner and the petitioner has a certain number of days to appeal. Maybe because this is your second denial at the Embassy, the USCIS wants them to expalin why they keep denying your visa when the USCIS thinks it is a valid relationship and you should be issued a visa, but the Embassy has different ideas.

Good luck,

Dave

[Cathi 5,748]

The embassy can only deny a CR1 visa if they can show fraud. If there is any information that was provided to the USCIS that was false and the embassy discovers that he is lying about something is grounds to deny CR1.

Basically once approved by the USCIS and the NVC has processed it, the person is good to come to the US and that the embassy interview is the final screening to determine if what was submitted in the application is consistent with information provided by him during the interview.

There are other reasons to deny a visa, many other reasons. Criminal record, past or present drug use, if you are at risk of becoming a public charge, just to name a few.

I will never understand why some people instill fear into others on this site on purpose. What is the motive for it? Please don't comment and scare people especially if you don't know what you're talking about.

[Darnell 8,478]

So Dave or anybody else can give me an idea what r my chances in this upcoming counsulate interview ( though I do have more evidence wid me from last time ).

evidence is not in the casefile.

The Vice-Consuls review what's in the casefile, prior to the interview.

Will you be allowed to give over your evidence, at all? Unknown.

[Danrog 1]

R u telling me this or somebody else?????

There are other reasons to deny a visa, many other reasons. Criminal record, past or present drug use, if you are at risk of becoming a public charge, just to name a few.

I will never understand why some people instill fear into others on this site on purpose. What is the motive for it? Please don't comment and scare people especially if you don't know what you're talking about.

[bestofboston 36]

There are other reasons to deny a visa, many other reasons. Criminal record, past or present drug use, if you are at risk of becoming a public charge, just to name a few.

I will never understand why some people instill fear into others on this site on purpose. What is the motive for it? Please don't comment and scare people especially if you don't know what you're talking about.

I was in no way trying to put fear into someones mine. The fact are the facts. The USCIS and NVC have completed checks of criminal records, drug use, police reports, etc, etc prior to a IR1/CR1 interview and will deny it at that stage rather based on issues you stated. I am telling you and others that the rights for denying a IR1/CR1 visa is far more limited than that for a K1 visa because all what you stated is done before it goes to the embassy. You need to know what you are talking about before being critical of what I stated.

If they have provided honest information to the USCIS and NVC and it was approved through those two stages, then the embassy can deny if they have information that is not consistent with the info previously provided to the USCIS/NVC.

For people from questionable areas of the world where Terrorist is a problem, then screening is more intense and often it takes significantly longer.

If you have done nothing wrong and you have been honest, they have to provide you with a good reason for denial which you can challenge with an appeal which process I do not know anything about.

[Ryan H 3,812]

***Post violating the TOS (belittling language) has been removed along with post quoting. Administrative Action taken.***

[Boiler 45,488]

Usually there are very obvious reasons and issues that need to be addressed. No paperwork check can deal with everything Consulate obviously habe concerns.

Valid, who knows.

[Ryan H 3,812]

Yes, the USCIS can send the case back without contacting the petitioner if they feel the Embassy acted incorrectly. It is rare. Usually the USCIS issues a NOID (notice of intent to deny) to the petitioner and the petitioner has a certain number of days to appeal. Maybe because this is your second denial at the Embassy, the USCIS wants them to expalin why they keep denying your visa when the USCIS thinks it is a valid relationship and you should be issued a visa, but the Embassy has different ideas.

Good luck,

Dave

Just a terminology correction, it's Notice of Intent to Revoke (NOIR).

[Danrog 1]

Just a terminology correction, it's Notice of Intent to Revoke (NOIR).

Noir was before prior to second interview n in consulate they denied again after reaffirmation n now uscis sent back again to nvc for visa process so can give me any idea wat r my chances or I'm gonna suffer between uscis n consulate issues.

[dee&vee 79]

When an Indian male marries a non-indian woman, embassy considers that very suspicious in India. Anyway you said your wife is pregnant? Send a DNA test too once the baby is born. it is pretty good proof. Good luck.

[mardar 5]

have you petitioned for somebody else before ??

Edited January 10, 2015 by mardar