My Husband Was given a letter today and says he is ineligible

[Reebs85 1]

I am sorry to hear this. This is heartbreaking. Can tell us about the photos he took? and what other evidence were provided to the embassy?

[Ebunoluwa 6,136]

I misread your first post and thought all they still wanted was the requested items. Just now saw that he already submitted them and was given

the 221g and that your case was returned to USCIS.

Though this happens frequently in Ghana I must say that you were ill prepared. Not meeting within the 2 years and filing anyway, then a useless

and expensive appeal when there was nothing to appeal because you didn't meet the basic requirement of having met (within last 2 yrs)

Then you married and filed again and probably didn't front load the petition with quality relationship evidence.

Back to the future : Your case will be returned with recommendation to revoke and it will take 6-12 months until you hear from USCIS with

a NOID/NOIR letter. You then get a second chance to submit evidence for a bona fide relatinship and then USCIS will review it and if they are

satisfied they will send the case back to the embassy with recommendation to approve. Once it gets there he may or may not have another

interview and either be approved or refused again.

You have this one shot so get it right this time and start collecting evidence, old and new photos over your entire dating span.

You have to convince them that you as a couple are bona fide and genuine.
Photos and communication from the beginning to current time, showing a flow and growth of the relationship,

(dating photos, travel together, wedding, interaction with family etc) not just a handful of random pics.

Co mingling of land, property, will, life insurance leaving him as beneficiary, on your lease if possible.

Then make at least 2 more trips to see him, face time is extremely important and add that to the NOID/NOIR response.

You have a very good chance of approval if you submit a quality package of convincing evidence in your response.

[LionessDeon 2,060]

I misread your first post and thought all they still wanted was the requested items. Just now saw that he already submitted them and was given

the 221g and that your case was returned to USCIS.

Though this happens frequently in Ghana I must say that you were ill prepared. Not meeting within the 2 years and filing anyway, then a useless

and expensive appeal when there was nothing to appeal because you didn't meet the basic requirement of having met (within last 2 yrs)

Then you married and filed again and probably didn't front load the petition with quality relationship evidence.

Back to the future : Your case will be returned with recommendation to revoke and it will take 6-12 months until you hear from USCIS with

a NOID/NOIR letter. You then get a second chance to submit evidence for a bona fide relatinship and then USCIS will review it and if they are

satisfied they will send the case back to the embassy with recommendation to approve. Once it gets there he may or may not have another

interview and either be approved or refused again.

You have this one shot so get it right this time and start collecting evidence, old and new photos over your entire dating span.

You have to convince them that you as a couple are bona fide and genuine.

Photos and communication from the beginning to current time, showing a flow and growth of the relationship,

(dating photos, travel together, wedding, interaction with family etc) not just a handful of random pics.

Co mingling of land, property, will, life insurance leaving him as beneficiary, on your lease if possible.

Then make at least 2 more trips to see him, face time is extremely important and add that to the NOID/NOIR response.

You have a very good chance of approval if you submit a quality package of convincing evidence in your response.

^^This

Please follow ebunoluwa's advice to the letter. Best of Luck!

[TBoneTX 44,791]

*** Thread moved from CR-1 Process forum to the CR-1 Case Progress subforum. ***

[saddwek33 0]

I sent some pictures during the application and they requested for my husband to bring some during the interview which he did.

[saddwek33 0]

Thank you so much for your advice. I really appreciate all.

[HFM181818 748]

sounds like there was insufficient evidence for what appears to have been an off-on type of relationship (based only what you wrote [or didn't write]...a handful of pictures might not be enough...face time is more critical, in general.

refusals under 221g are of the 'catch-all' category, which is used when a case is pending, needing something more or while it is being sent back to USCIS.

[lutz 41]

Yet another Ghana denial. Almost all the denials I read are Ghanaian. What, Ghanaians don't really fall in love? Only people from other countries? This is so heartbreaking for all the people involved and here we are again, powerless against the people at the embassy.

[HFM181818 748]

If the petitioner and beneficiary don't sufficiently prove their case, it does not matter what country they are from.

But the fact remains that fraud in various forms exists in a higher percentage of cases from Ghana than Sweden.

Marriage for money remains an issue....marriage only for a visa/green card remains an issue.

It is up to the individuals involved to prove the validity of their relationship to the CO, and to no one else.

An approved petition is not an approved visa. The people rubber stamping petitions are just checking off boxes on documents requested/enclosed....nothing more.

The CO's job is to determine the validity of a relationship as best they can....the responsibility of providing proof is up to the two parties involved (petitioner and beneficiary).

Meet the requirements, expect visa issuance; fail to meet it, expect delays at the very least.

No one posting on this site save for me has ever interviewed somebody overseas for a visa. So what is your point of reference as to any 'knowledge' about the entire process?

You are only seeing one case (yours) or perhaps hearing about a handful of others, whose reports of what happened at their interview is laced with mostly unfounded opinions about why the case (a) should have been approved and (b) why it was sent back, but in both cases, the blame is only directed at the 'rude' CO 'clerk' who 'knows nothing.' Not hardly.

Edited October 14, 2015 by HFM181818

[lutz 41]

No, I am not blaming rude COs. When my husband was denied his CR1 visa, I asked if the interviewer was rude. He said no.

We submitted everything .....photos, proof of land / home / car ownership together, bank accounts.

I had stayed there in Ghana with him for 8 months. We talk everyday via Whatsapp, had all that, facebook, etc.

So when I read seemingly flippant remarks along the lines of: Well, if you provided everything, you would have been approved...... We did provide everything. My husband even asked the interviewer, "Don't you believer our relationship is real?" and she said yes she does, and still denied the visa and sent it back to USCIS.

I look at VJ everyday, and aside from Ghana, I see very few from other countries being denied. Yes, there is fraud, but as I noted earlier, there is fraud in the Phillipines, yet old white men are given visas allowing their young wives or fiances to join them here. Often times, you'll then see the young wives complaining about being abused or I've even read the USC men talking about how the women are still communicating with boyfriends in their native land.

Yes, I do believe there is something going on behind the scenes. Maybe conspiracy is too strong a word, but something is not right that so many are denied.

Edited October 14, 2015 by lutz

[Jawaree 717]

Hello everyone,

My husband went for his interview 2 weeks ago and was asked to go and bring new birth certificate, photos and phone records. The consular only looked at the picture and gave him a letter that he is ineligible based on INS section 221. And have been asked to wait till i hear back from USCIS what can I do? Please help us. Do I take a lawyer?

Tes at this point speak to an atty...even get a free consult , for this embassy its best

and you wont get professional or accurate answers most times on the net....Seemingly

you are in AP, contacting your congressperson may garner you some info...good luck

[saddwek33 0]

I did sent them all the requirement they needed 2 properties that we have with supporting evidence. A letter from a lawyer who knows our relationship. Cards, money transfers, marriage certificate, pictures of us signing our marriage certificate in court etc.

[HFM181818 748]

If the CO said she believed the relationship was real, but still sent it back, there is something wrong....not sure what...but that makes no sense, unless.......the beneficiary has something in his background that you are not aware of, but the CO is, and wants USCIS to now be aware of whatever it might be, if it might affect his eligibility....I guess you'll find out when you get a letter back from USCIS...I cannot think of another reason...if it was a lack of income on your part, the case would not be sent back. You would have been asked to provide a co-sponsor.

So something else is out of whack....ask him to think of anything in his past that might be bubbling up on the radar screen.

As to old men marrying teens in the PI, well, I cannot answer for those COs, but I can tell you from my own experience in a couple of other countries in which I served that I would put those cases under an electron microscope, as red flags would be fluttering like mad in most of them....few, if any of those should have been 'rubber stamped.'

As far as denials from other countries, it might just be that many of those folks are not posting their results on this site, instead of believing that every case in the world except Ghanian ones are being approved.

[saddwek33 0]

Thank you for the advice. I did send my congressman a letter yesterday and waiting to hear from them. I also sought professional consult on this web and they gave same advice and to look for a professional attorney.

[saddwek33 0]

He did police report in Ghana that was sent to the USCIS and they approved it. He does not have any criminal background. He is a church boy and had been church since he was born. Very involve with church activities.