cr-1 visa denial plz help

[zerozeroone1 2]

Hello

My priority date was Aug 03 2013.i had my interview in Accra-Ghana on 9th of feb 2015.after a short question and answer session.the CO Without looking through my photo album ask me to wait.he was going to call me back.he called me back.handed to me my photo album and birth cert and marriage certificate but told me he was going to keep my call log and whatsapp messages as well as viber as evidence.he then told me after going through my things, he doesn't find it credible.that he is going to send the case back to u.s.a.I ask him why not credible.he told me he cant give me the reason and that my wife will be contacted with the reason.

Please what do i do now and how long before they send it back to u.s.a.Any help will greatly be appreciated.thank you in advance

[K415 6]

Hello

My priority date was Aug 03 2013.i had my interview in Accra-Ghana on 9th of feb 2015.after a short question and answer session.the CO Without looking through my photo album ask me to wait.he was going to call me back.he called me back.handed to me my photo album and birth cert and marriage certificate but told me he was going to keep my call log and whatsapp messages as well as viber as evidence.he then told me after going through my things, he doesn't find it credible.that he is going to send the case back to u.s.a.I ask him why not credible.he told me he cant give me the reason and that my wife will be contacted with the reason.

Please what do i do now and how long before they send it back to u.s.a.Any help will greatly be appreciated.thank you in advance

I am sorry for your pain. Do you had any red flags. Like

1. Previously being divorced?

2. Age difference

So far you provide them the proof of your communication going on and the proof of your real marriage they shouldn't be doing it. For more clear suggestions from vj's you need to tell what were the questions. Have you failed to answer any questions??

Hello

My priority date was Aug 03 2013.i had my interview in Accra-Ghana on 9th of feb 2015.after a short question and answer session.the CO Without looking through my photo album ask me to wait.he was going to call me back.he called me back.handed to me my photo album and birth cert and marriage certificate but told me he was going to keep my call log and whatsapp messages as well as viber as evidence.he then told me after going through my things, he doesn't find it credible.that he is going to send the case back to u.s.a.I ask him why not credible.he told me he cant give me the reason and that my wife will be contacted with the reason.

Please what do i do now and how long before they send it back to u.s.a.Any help will greatly be appreciated.thank you in advance

I am sorry for your pain. Do you had any red flags. Like

1. Previously being divorced?

2. Age difference

So far you provide them the proof of your communication going on and the proof of your real marriage they shouldn't be doing it. For more clear suggestions from vj's you need to tell what were the questions. Have you failed to answer any questions??

[Kolewenoik31 57]

There is not much that you can do. Once the CO says that they will send your case back to the US all you can do is wait. You and your will be notified of the next step. No one can tell you how long you will be in AP....this is a black hole for all that are subjected to this. Some couples wait anywhere from 6-12 months up to 5 years in AP. I know of one person who was interviewed in Sept and the case was just sent back to the US a couple weeks ago. NVC told them that they would have a decision 180 days after USCIS receives it.

[carolynhotstuff 252]

I am sorry that you didn't get your visa. No one can tell you how long it will take for the embassy to send the case back. First your case will be sent to NVC then it will be sent to USCIS. Once there they have up to 180 days to review the notes of the CO. USCIS may decide the CO was wrong and send the case back to the embassy for you to have another interview. If they agree with the CO they will send your wife a Notice of Intent to Revoke. You both will have only 30 days to respond. If you win your appeal your case will be sent back to the embassy for another interview.

I used an attorney for my appeal because my case was a difficult one. Many people appeal without a lawyer it's up to you and your wife to decide. In the meantime write down the questions you were asked while you remember them. See if you answered something wrong.

With your appeal send letters from your family and friends saying they know about the marriage and that you love your wife. These letters from your people are very important. If your people don't write english, you can write the letters for them and have them sign. Put their name, address and phone number on their letter.

[hyommysone 16]

since they didnt gave back your communication logs and going to keep it for evidence. maybe there was something in there that the CO find that triggered to the denial. if you have a copy of the communication logs you provided the CO, try to read through everything and see if there is something on there.

[Ryan H 3,840]

There are important semantics to correct in this thread.

There is not much that you can do. Once the CO says that they will send your case back to the US all you can do is wait. You and your will be notified of the next step. No one can tell you how long you will be in AP....this is a black hole for all that are subjected to this. Some couples wait anywhere from 6-12 months up to 5 years in AP. I know of one person who was interviewed in Sept and the case was just sent back to the US a couple weeks ago. NVC told them that they would have a decision 180 days after USCIS receives it.

The OP's case is not in Administrative Processing (AP), AP only occurs when the interviewee is told that the file needs more review before a decision on whether or not to grant a visa can be made. The OP was specifically told the visa was denied and the file is being sent back.

I am sorry that you didn't get your visa. No one can tell you how long it will take for the embassy to send the case back. First your case will be sent to NVC then it will be sent to USCIS. Once there they have up to 180 days to review the notes of the CO. USCIS may decide the CO was wrong and send the case back to the embassy for you to have another interview. If they agree with the CO they will send your wife a Notice of Intent to Revoke. You both will have only 30 days to respond. If you win your appeal your case will be sent back to the embassy for another interview.

I used an attorney for my appeal because my case was a difficult one. Many people appeal without a lawyer it's up to you and your wife to decide. In the meantime write down the questions you were asked while you remember them. See if you answered something wrong.

With your appeal send letters from your family and friends saying they know about the marriage and that you love your wife. These letters from your people are very important. If your people don't write english, you can write the letters for them and have them sign. Put their name, address and phone number on their letter.

First, responding to an NOIR is a rebuttal, not an appeal. An appeal is when the petition is denied or the original approval revoked (even after responding to an NOIR).

Second, there is no "both will have 30 days respond" as USCIS will not communicate with the beneficiary, only the peitioner. The onus is on the petitioner to send an NOIR rebuttal within the stated deadline on the notice.

Third, unless the NOIR specifically addresses something about family of the beneficiary not knowing about the marriage or relationship, then such letters are completely and utterly worthless (especially if they are written in a language that the 'writer' does not speak or write). When submitting an NOIR rebuttal, each specific point on the notice itself must be rebutted. If such letters would not rebut any of the specific points on the notice, then they do nothing to increase the odds of reaffirmation.

What may have been essential to a successful rebuttal of an NOIR in once case may be completely worthless in another case. Each case is different, what worked for one person will not necessarily work for another.

[carolynhotstuff 252]

Ryan if you want every word to be technecially correct than you might be right in what you are saying. Most visas are not granted because the CO feels that the marrige is not real. The couple showing letters from the beneficiarys family and friends is not worthless in my opinion having been through this myself. Yes each case is different but there are some common elements. The NOIR is sent to the petitioner or the petitioners lawyer but the beneficiary is usually the problem and his input is often needed to win in what my opinion is an appeal.

I am not an immigration lawyer so excuse me if my wording is not exact. I fought the embassy in Pakistan for over 4 years and now my husband is here. I do know a little about what it takes to win.

[Kolewenoik31 57]

Ahhhhh and I quote...."There are important semantics to correct in this thread." Excuse me.......

Now unless you know something that I don't or the OP has another thread somewhere. There is nothing in this thread that says he was denied. He said the CO "doesn't find it credible" ie "not bona fide." Far cry from being denied. Please note...I am not using semantics. I have a friend that is going through this some exact language from a CO and everything that I wrote in my previous statement is exactly what NVC said. Now whether you want to call it AP or not that's ultimately what it is, until they make their final determination once it gets back through NVC and USCIS.

Edited February 15, 2015 by Kolewenoik31

[Ryan H 3,840]

Far cry from being denied.

A CO stating that they are going to send the file back back to the US means they are denying the visa application the OP submitted. While it's not the final fate of the petition that was submitted by the OP's spouse, it doens't change the fact that a visa was denied to the OP at this point in time.

As for what the NVC said, their operators as of late have been almost as bad as USCIS operators in giving out misinformation.

[Ms Hogan 295]

Ahhhhh and I quote...."There are important semantics to correct in this thread." Excuse me.......

Now unless you know something that I don't or the OP has another thread somewhere. There is nothing in this thread that says he was denied. He said the CO "doesn't find it credible" ie "not bona fide." Far cry from being denied. Please note...I am not using semantics. I have a friend that is going through this some exact language from a CO and everything that I wrote in my previous statement is exactly what NVC said. Now whether you want to call it AP or not that's ultimately what it is, until they make their final determination once it gets back through NVC and USCIS.

His own title of the thread says DENIAL... the the words are indeed in play.

[NikLR 13,232]

His own title of the thread says DENIAL... the the words are indeed in play.

Yes the title itself says:

"cr-1 visa denial plz help"

---

OP there isn't much you can do until the petitioner receives the NOIR. I'm sorry you're having these issues and hopefully you two can reaffirm the case and have a new interview.

[Kolewenoik31 57]

My words still stand correct, nothing changes anything that I just said. Again I have a many lady friends that have gone through this same similar situation and their husbands are here now. When I said the rep at NVC...I was talking about time frame. As for the title....we all seem to use the same words but sometimes word meaning is different depending on the country used ie. a smooch in my husbands country means hug, but we all know that a smooch in America means kiss. So unless the OP confirms that he was denied he could be using that word interchangeable or in place of AP.

[NikLR 13,232]

Ahhhhh and I quote...."There are important semantics to correct in this thread." Excuse me.......

Now unless you know something that I don't or the OP has another thread somewhere. There is nothing in this thread that says he was denied. He said the CO "doesn't find it credible" ie "not bona fide." Far cry from being denied. Please note...I am not using semantics. I have a friend that is going through this some exact language from a CO and everything that I wrote in my previous statement is exactly what NVC said. Now whether you want to call it AP or not that's ultimately what it is, until they make their final determination once it gets back through NVC and USCIS.

No, it's not. Administrative processing means the case file stays in the beneficiary's country while name checks, background checks, or other information, is collected by the embassy which is part of the DOS. In the OP's case, being denied (no 221g letter was given according to the initial post in this thread, and he also states that his case is being sent back to the USA) then his case file will go back to the USCIS which is part of the DHS. This is not administrative processing.

[Cathi 5,800]

Ahhhhh and I quote...."There are important semantics to correct in this thread." Excuse me.......

Now unless you know something that I don't or the OP has another thread somewhere. There is nothing in this thread that says he was denied. He said the CO "doesn't find it credible" ie "not bona fide." Far cry from being denied. Please note...I am not using semantics. I have a friend that is going through this some exact language from a CO and everything that I wrote in my previous statement is exactly what NVC said. Now whether you want to call it AP or not that's ultimately what it is, until they make their final determination once it gets back through NVC and USCIS.

the subject of this thread is and i quote "cr1 visa denial plz need help" The visa WAS denied, they are NOT in AP, you are wrong

[Kolewenoik31 57]

No, it's not. Administrative processing means the case file stays in the beneficiary's country while name checks, background checks, or other information, is collected by the embassy which is part of the DOS. In the OP's case, being denied (no 221g letter was given according to the initial post in this thread, and he also states that his case is being sent back to the USA) then his case file will go back to the USCIS which is part of the DHS. This is not administrative processing. I repeat I HAVE a friend that is going through this right now. I am not telling you hearsay...thank you!