Spousal Visa denied

[dreamzunlimited 16]

Its quiet famous that cr1 or other visas are super easy and fast from Philippines. The word is out. Its time that USCIS view these cases with more scrutiny like they do for other high fraud countries. As mentioned above many times...we don't know all the facts. I will go with CO's judgement.

[Mmagic 127]

Hopefully the pregnancy date coincides with one of his visits. I assume it does.

Ditto Ebunoluwa response

LionessDeon,

My fiance talked to her and she told her her husband asked her to wait until the baby is born. My fiance also told her and sent her a link of this thread to join VJ and explain what happened in her interview and members might suggest something to her.

I honestly did not want to get involved with this and let them do it on their own. From what I understood they even wanted to hire a lawyer prior to deciding on waiting for the baby to be born. As many stated, exactly I don't have much details and am sure there are many things I don't know that went in the interview. I did my part to ask in this forum and I got great response that I relayed to her through my fiance.

[Mmagic 127]

Why is everyone suggesting an appeal and to re apply ? Geez people.

This was a spousal visa. It was refused and was or will be returned to USCIS.

Once USCIS has received it they will send out a NOID/NOIR letter to which the petitioner has to respond in 30 days.

It can take 6 months or longer to receive the letter and in it the reason for the refusal will be mentioned.

If it is just the usual lack of relationship evidence then it should be fairly easy to submit that.

Do not appeal anything and do not re apply. It was not denied by USCIS, it was refused by the CO.

If the petition is still at the embassy (and only if it is still there) request a second interview and have the petitioner be there with a

boat load of evidence.

If it has left the embassy and has been returned to USCIS already then there is nothing they can do except wait for the

NOID/NOIR letter.

If USCIS is satisfied with their response they will send it again to the embassy with recommendation to approve.

If not then the petition will be denied by USCIS, the only agency who can deny a petition.

The embassy can only refuse to issue a visa and return it to USCIS with recommendation to revoke but they can not deny a petition.

Ebunoluwa, excellent reply. I did send this link specially to my fiance so she can have her friend and the husband read it and decide what is it they want to do. From what I understand, they want to wait for the baby to be born, but maybe after reading your post they might consider having a second interview with tons of evidence, I also suggested they do DNA for the baby in case they decided to follow your steps.

Thanks again as well as the rest of the members. I really do hope they join Visa Journey, this is all I can do for them.

[Illiria 980]

Why is everyone suggesting an appeal and to re apply ? Geez people.

Doh wasn't my intent :-) was just trying to answer their specific questions about appeals.

Edited October 14, 2016 by Illiria

[Ebunoluwa 6,136]

Doh wasn't my intent :-) was just trying to answer their specific questions about appeals.

If you don't know the answer it is best not to reply because it causes confusion and a train wreck.

A NOID/NOIR will be send with returned spousal petitions. That's it.

[Ebunoluwa 6,136]

Ebunoluwa, excellent reply. I did send this link specially to my fiance so she can have her friend and the husband read it and decide what is it they want to do. From what I understand, they want to wait for the baby to be born, but maybe after reading your post they might consider having a second interview with tons of evidence, I also suggested they do DNA for the baby in case they decided to follow your steps.

Thanks again as well as the rest of the members. I really do hope they join Visa Journey, this is all I can do for them.

Not sure what they mean to wait until the baby is born. The baby will be born before the petition would be re affirmed

and send back to the embassy with recommendation to approve. The entire return/re affirm process can take 12-18 months.

That is why I suggested to request a second interview immediately through a senator (and petitioner emailing also) and

be at the next interview if granted. Slim chance but some have been successful with the request.

Once in a while USCIS will NOT send a NOID/NOIR letter out to the petitioner and send the case back to the embassy

but most of the time the letter is send. If a NOID is send you have 30 days and only 30 days and if you choose not to

respond then the consequence will be a denial at which you have to start over with a new petition.

They can't pick and choose when to respond if she wants a visa, the process will dictate it.

Meanwhile they need to gather every scrap of relationship evidence they have and will accumulate in the future with

his visits.

As to DNA, the embassy has only certain doctors for specimen collection and labs that are embassy approved,

ask in their regional forum what these labs are or ask the embassy directly.

I don't think it is vital to do this unless of course the CO wants it done because he has reason to believe it's not his baby.

Both need to be on this site and register an account to receive the help they need.

Again, their petition is not dead, it is delayed and still very much alive.

[Mmagic 127]

Not sure what they mean to wait until the baby is born. The baby will be born before the petition would be re affirmed

and send back to the embassy with recommendation to approve. The entire return/re affirm process can take 12-18 months.

That is why I suggested to request a second interview immediately through a senator (and petitioner emailing also) and

be at the next interview if granted. Slim chance but some have been successful with the request.

Once in a while USCIS will NOT send a NOID/NOIR letter out to the petitioner and send the case back to the embassy

but most of the time the letter is send. If a NOID is send you have 30 days and only 30 days and if you choose not to

respond then the consequence will be a denial at which you have to start over with a new petition.

They can't pick and choose when to respond if she wants a visa, the process will dictate it.

Meanwhile they need to gather every scrap of relationship evidence they have and will accumulate in the future with

his visits.

As to DNA, the embassy has only certain doctors for specimen collection and labs that are embassy approved,

ask in their regional forum what these labs are or ask the embassy directly.

I don't think it is vital to do this unless of course the CO wants it done because he has reason to believe it's not his baby.

Both need to be on this site and register an account to receive the help they need.

Again, their petition is not dead, it is delayed and still very much alive.

I am assuming they don't want to be denied second time if they go for second interview. Maybe he wants to play it safe and apply again when the baby is born, this way the baby can be strong evidence for their marriage. I have to say am feeling that something did not go right at the interview with the questioning and the marriage broker and age difference might have something to do with it. I also made a mistake in his age, he is 66 years old, I don't know if that would be an issue as well. I am waiting for my fiance to update me on their final decision on what they want to do and this way we can have this thread, answered, solved and closed.

[Ebunoluwa 6,136]

I am assuming they don't want to be denied second time if they go for second interview. Maybe he wants to play it safe and apply again when the baby is born, this way the baby can be strong evidence for their marriage. I have to say am feeling that something did not go right at the interview with the questioning and the marriage broker and age difference might have something to do with it. I also made a mistake in his age, he is 66 years old, I don't know if that would be an issue as well. I am waiting for my fiance to update me on their final decision on what they want to do and this way we can have this thread, answered, solved and closed.

A baby is not as strong an evidence for a bona fide marriage as they may think. It proves they had sex, that's all.

With a DNA test it would prove that she did not get pregnant from someone else if the CO suspects that.

It is very common for such age gaps for the PI and not usually an issue.

Most returned petitions are re affirmed unless there was a serious underlying issue.

The reason for refusal will be the content of the NOID/NOIR letter and then they will know the CO's concerns

and answer it appropriately with relevant evidence.

[Cheezees 1,514]

I will repeat it. A baby is not strong evidence of a marriage. It is one of the reasons why neither preference nor strong consideration is given to couples with a baby on the way or with infants and/or young children. It just does not hold the weight one might think it "should".

[Gafelkins56 2]

If usic reapproves petition wat happens from there. thx

[Ebunoluwa 6,136]

If usic reapproves petition wat happens from there. thx

If USCIS re affirms the petition then they will send it back to the embassy with recommendation to approve.

The beneficiary would have another interview and if nothing else is found the visa will be issued.

In rare cases it will be returned again and the process repeats itself until USCIS denies the petition as the embassy

can not deny a petition, only refuse to issue the visa.