Heart broken woman in tears!!

[IcezMan_IcezLady 582]

Can OP explain shed light on why they didn't get married before the husband filed for the children?

[Boiler 45,541]

For the sake of argument: if husband did commit fraud, she was probably in on it too. He marries a USC for citizenship, dumps her and then tries to get the OP over and the CO sees fraud and she gets denied because of visa fraud.

That would be common.

[Ebunoluwa 6,136]

Not really. Having a child who is a US citizen will not help a parent to immigrate to the US, if said parent is permanently barred from the US.

The OP was denied a visa because the CO accused her of immigration fraud. Right? The CO said the denial is because the marriage is fake and just a means of coming to the US. That's immigration fraud.

Those who are deemed to have committed immigration fraud are permanently barred from the entry to the US. Therefore, if and when someone else petitions for the OP, she'll have to file for a waiver of inadmissibility.

Unfortunately, there's no waiver of inadmissibility available for parents of US citizens. Therefore, even if the child files for his mother, the petition will be denied.

Now, the only way for the OP to overcome the permanent bar is to convince the CO that she did not lie and did not participate in any immigration fraud. If she manages to do that, then she'll get her visa and join her husband. Everybody already laid out very nicely, what is needed for that (detailed timelines, legitimate proof, and a logical explanation of their story). If she doesn't manage to do that, then I'm afraid she'll never get any kind of visa to the US, ever.

The CO can NOTdeny the petition, they can only refuse to issue the visa and return the petition back to USCIS with recommendation to revoke.

USCIS will then send a NOID/NOIR letter to the petitioner and he has a chance for a rebuttal, to prove that he married the USC in good faith,

and if USCIS is satisfied with all the evidence then they will send the petition back to the consulate with recommendation to approve.

At this stage there is an assumption by the CO of fraud but not a hard finding by USCIS. That makes a big difference on the outcome.

To speak of misrepresentation and permanent bar is, in this context, premature.

[dwheels76 5,468]

dwheels76,

I agree with what you said and it looks like "someone was probably used and dumped with the full knowledge of someone" .

Just for argument sake say her husband committed a fraud, why is this woman and her kids paying for it?

I don't understand that part.

The same could be asked of all these embassies going through so much scrutiny over the fraud and mistakes and not returning on visitor visas of those before them.

If lets say husband lied =or used wife in US to gain citizenship new wife is not going to benefit from that even if totally innocent. Wrong I don;t know, It happens far too often. The too many couples already divorced before Removal of conditions or Divorcing right after citizenship. The CO's have to make that judgement. Most times they are right on target regardless how much the couple loves each other.

It is what it is? Be interesting to know if wife in US knew of Op and the 3 kids. Now that I would really like to know. Because he got citizenship which means someone petitioned him (US wife of course) which means he was to list the 3 children on the petition. Were they listed. You noticed DNA testing was done. Not always required when they believe they are your children. See how this is just a hot mess. Do you understand OP now what is before you and why the decision was rendered.

As as for the comment about the petition made it to the interview means nothing. Heck folk can get approval at USCIS with a marriage certificate. USCIS do not read our evidence or investigate or have a clue. Sometime I don't even get what it is they do but cash our checks and move us along.

All these things I mention for food for thought for you.

[Ebunoluwa 6,136]

To assume fraud from the few posts by OP that lack details, just because the country is Ghana is stereotypical speculation,even though Ghana is a high

fraud country.

They split 13 years ago, he married a USC and the gap of when he divorced the USC and rekindled the relationship with the OP we don't know.

If he was married to the USC for 10 years then that seems to be a genuine good faith marriage. It is not against the law to marry someone from

your own country if things with a USC don't work out IF THE MARRIAGE WAS IN GOOD FAITH. If they can prove it in response to the

NOID/NOIR then she will be approved. End of drama.

[meandmom 5]

At this stage there is an assumption by the CO of fraud but not a hard finding by USCIS. That makes a big difference on the outcome.

To speak of misrepresentation and permanent bar is, in this context, premature.

At this stage there is an accusation of fraud by the CO, and a visa denial due to suspected fraud. That's as formal as it gets. The CO found what s/he thinks is fraud, now the OP and her husband will be given a chance to refute this finding.

If that accusation is not refuted, the permanent bar will be in place. Even now, if the OP tries to get a different type of visa (while the case is pending for the next year), she will be denied due to suspected fraud.

That's why now is the proper time to speak of misrepresentation and permanent bar, instead of advising the OP to "just wait until her children can file for her". By then it will be too late. She has to act now and refute the accusation. If she does nothing, game over.

[tonyb919 107]

I must admit I am the worlds biggest cynic, the fact this whole story sounds completely dodgy is just my opinion, but we have to remember one thing

This case made it to interview...................there must have been a level of conclusive evidence to get this far?

Or are we/me missing something here?

Nope, all that means is that you just submitted all the correct documents.

The embassy (Dept of State) holds the authority.

[Pennycat 880]

To assume fraud from the few posts by OP that lack details, just because the country is Ghana is stereotypical speculation,even though Ghana is a high

fraud country.

They split 13 years ago, he married a USC and the gap of when he divorced the USC and rekindled the relationship with the OP we don't know.

If he was married to the USC for 10 years then that seems to be a genuine good faith marriage. It is not against the law to marry someone from

your own country if things with a USC don't work out IF THE MARRIAGE WAS IN GOOD FAITH. If they can prove it in response to the

NOID/NOIR then she will be approved. End of drama.

Agreed on the "assume fraud" part but a lot of what was being said here, at least at first and at least by me, was not specifically accusing her of doing that, but pointing out, based on the thin details provided, what may have been the issue and how that may be overcome. And when details were requested and denied I think some people assumed (perhaps unfairly) fraud.

[Romet 28]

Please don't take anything I have asked as bashing you. I know it hurts trust me I do. But I am only asking to get to the root of what is going on. To plan your attack and do what you need to do.

Dear cry your tears now. Tomorrow is a new day and if you want to be with your husband and children you got to put on the big girl pants and fight this.

1. First your husband needs to call his congressman or Senator tomorrow so they can start inquiring on your behalf.
2. Your husband could email the embassy and request a 2nd interview and that he is willing to fly over to meet with the CO with any and all evidence they may need.

How long has it been since he has been back to see you all? Him coming to be there for a 2nd interview if granted could be vital.

Sorry for your pain. Please try to know we are here to help you and our questions are merely to gain knowledge into the situation. If you can see this through a strangers eyes you can see how this can look very bad.

HEAR HEAR dwheels76!!! HEAR HEAR!!!!!!!

Ignore the judgments and FOCUS on the issue at hand. The bottom line is they didn't believe what was presented to them. This is where the REALLLLLLL fight begins.

When my now husband & I first got on VJ, he asked a question about our "red flags" and "How should I answer this question?" (we had many and very serious ones). VJ members POUNCED on him and told him it sounded like he was a fraud, etc. etc. etc. We were pretty new on the the site too and were literally just beginning our process and really didn't have much of a clue as to what to expect. After he posed the question I remember thinking... "WOW... These folks are HECKA harsh!"

We decided to take the constructive in the thread (whether good or bad). We also realized that people do NOT know your heart or what is going on in your life.. and to be frank and honest.. these CO's do not really care. Their job is to recognize fraud. Also, because they're human and see people breaking the law often, it can be very subjective.

As dwheels76 has basically said, and what I would add.. is cry now and put your knowledge armor on tomorrow. It's time to get to work. If you and your husband really want you to come here.... then it's going to be a fight... and you have to be ready for the long grueling hall that is going to come. Hopefully when they see you and your husband (and family) and MEAN what you say and you have evidence and conviction to prove it, I pray it will all work out for you.

My biggest advice is BE READY FOR ANYTHING. I know that sounds very ambiguous and I'm sorry, but be ready for anything.

Sending GOOD VIBES AND BEST WISHES for you and your family.... Good luck and keep your head up!!!!

[meandmom 5]

Agreed on the "assume fraud" part but a lot of what was being said here, at least at first and at least by me, was not specifically accusing her of doing that, but pointing out, based on the thin details provided, what may have been the issue and how that may be overcome. And when details were requested and denied I think some people assumed (perhaps unfairly) fraud.

What matters is only what the Department of State thinks. We know the answer - the CO had denied the OP a visa due to suspected fraud.

Everything else is people just trying to help the OP to understand the probable causes, as well as consequences and ways to fight this problem.

If her vague responses made the story look fishy to some people here is of no importance. It is in the OP's best interest to listen very carefully to what everyone is saying to her, because she found herself in a very bad predicament indeed.

She has to prove (to immigration service, not to us) that her marriage is bona fide, and that her husband's prior marriage was also bona fide. That's all that matters.

[Udella&Wiz 325]

Any chance this is entirely on the up and up? People do break up and get back together yrs later...just because there was a move and marriage in between doesn't mean this is automatically fraudulent.

[Pennycat 880]

Any chance this is entirely on the up and up? People do break up and get back together yrs later...just because there was a move and marriage in between doesn't mean this is automatically fraudulent.

Of course. And that's what a lot of people are saying (except maybe some of the folks that got deleted). People have been attempting to help her figure out what caused this, because knowing the cause helps you know what you need to do to overcome it, and she is taking that like personal accusations (which is common here, unfortunately).

The whole point is that based on what has been said, it *could look* like a fraudulent case, and that may be what the CO saw and therefore (maybe) that's what she needs to overcome. Of course, without details, we can't *know* if that's what the CO honed in on. And my own point is that if she was this vague about details to the CO, then that vagueness is probably what did it. Unfortunately, she seems unwilling to answer any questions so we won't know and can't attempt to help any further.

[ChinaWall 1]

First and foremost, this mess you and this man have created is just that. It's not something that can be handled on this site. Call an immigration attorney and pay the price. You should have been concerned years ago, not today.

[Sunrise_t 3]

I have nothing to say to help your case. Just want to offer a virtual hugs... "HUGS"

[ikeNme 38]

I don't know if the husband's past visa application to the USC affects the outcome of the current wife's visa application with him...but I would think that back when the USC petitioned for him, he should've had to mention the children and knocking ceremony with the poster. If he didn't mention it then, and she is using it as 'evidence' now, I would think it could have an impact on their decision. If the poster is still reading this thread, it might be something you consider when preparing to provide evidence to them again later down the road. I've read previous threads where FIANCE visas were refused because the couple had a traditional ceremony and the CO considered it marriage even though it was not a court wedding. Good Luck.