Why Case held at embassy

[Ebunoluwa 6,136]

Totally agree

Refile

show USCIS you are serious and your marriage is "for real"

appeal takes too long

A CR/IR returned case does not expire and is very much alive and therefore it would be silly to re file.

With a returned spousal visa you follow the path of USCIS review for re affirmation with a response rebuttal to the NOID/NOIR.

A refile causes many more problems with the same result.

The reason for denial is overcome with USCIS at this point.

You have given advice before to re file for a returned spousal visa and I keep telling you that advice is wrong.

[Ebunoluwa 6,136]

Sorry to hear about the refusal to issue the visa and return of the petition to USCIS.

You will receive a NOID/NOIR letter to which you have to respond to within 30 days with your rebuttal.

Sometimes USCIS does not send a NOID/NOIR letter and sends the petition back to the embassy with

recommendation to approve but usually it involves the letter and response and that takes 12-18 months for the process.

You can not speed up the process, it takes as long as it takes, returned cases are not a priority to USCIS.

Why Ghana sits on petitions for 6 months is not clear either, perhaps because they have a very high return rate and USCIS

is too busy to have them sit so long at their storage places and backlogs occur.

You have done a very good job preparing the petition, visiting, gathering evidence and preparing him for the interview and I

hope he will not say again that you messed him up and take responsibility for his misleading the CO with the previous

application stating he wanted to visit his uncle.

I doubt it will be deemed a misrepresentation for which you would need a waiver, so all you can do is wait

for the NOID/NOIR letter listing the reasons for refusal. If the consular finding would have been material misrepresentation

he likely would have been given a 221g marked as such.

This is all very stressful, I have been there done that and have the t-shirt and hat to go with it.

Can't imagine doing it pregnant. Your husband needs to get his attitude under control and realize you did your very best and are about to

deliver his baby soon and he needs to be strong and stop this blame game and give you all details so you can plan the rebuttal

correctly.

Think of yourself and your baby right now and be patient and wait for the process

to unfold to move forward. There is nothing you can do so stop stressing and enjoy that baby coming soon.
Plan on him being with you in a 1 1/2 and if it happens sooner it will be a nice break.

If you need help with the rebuttal down the road ask for feedback here.

One tiny slim chance would be to request through your senator a second interview but I do not think

Ghana will go for it and you are too close to delivering to be on the premises should they grant the interview.

I wish you the best !

Edited October 23, 2016 by Ryan H
Reason for edit: to remove excessive blank space.

[kkabe 0]

Your husband needs to talk to you.Let him scan the 221g form to you and find out if there should be a waiver for him.After that we can all be of help to you.Thanks

[Ryan H 3,812]

OP, the person telling you to refile is wrong. The proper way is to send a rebuttal to an NOIR. The notice will state why it is being sent and a rebuttal must address those reasons. While a proper rebuttal does not guarantee reaffirmation and reaffirmation will not ultimately guarantee a visa, rebutting an NOIR affords the opportunity to respond to a CO's findings; refilling doesn't Except for postage, there is no fee to submit an NOIR rebuttal.

[Joetan 18]

Sorry to hear about the refusal to issue the visa and return of the petition to USCIS.

You will receive a NOID/NOIR letter to which you have to respond to within 30 days with your rebuttal.

Sometimes USCIS does not send a NOID/NOIR letter and sends the petition back to the embassy with

recommendation to approve but usually it involves the letter and response and that takes 12-18 months for the process.

You can not speed up the process, it takes as long as it takes, returned cases are not a priority to USCIS.

Why Ghana sits on petitions for 6 months is not clear either, perhaps because they have a very high return rate and USCIS

is too busy to have them sit so long at their storage places and backlogs occur.

You have done a very good job preparing the petition, visiting, gathering evidence and preparing him for the interview and I

hope he will not say again that you messed him up and take responsibility for his misleading the CO with the previous

application stating he wanted to visit his uncle.

I doubt it will be deemed a misrepresentation for which you would need a waiver, so all you can do is wait

for the NOID/NOIR letter listing the reasons for refusal. If the consular finding would have been material misrepresentation

he likely would have been given a 221g marked as such.

This is all very stressful, I have been there done that and have the t-shirt and hat to go with it.

Can't imagine doing it pregnant. Your husband needs to get his attitude under control and realize you did your very best and are about to

deliver his baby soon and he needs to be strong and stop this blame game and give you all details so you can plan the rebuttal

correctly.

Think of yourself and your baby right now and be patient and wait for the process

to unfold to move forward. There is nothing you can do so stop stressing and enjoy that baby coming soon.

Plan on him being with you in a 1 1/2 and if it happens sooner it will be a nice break.

If you need help with the rebuttal down the road ask for feedback here.

One tiny slim chance would be to request through your senator a second interview but I do not think

Ghana will go for it and you are too close to delivering to be on the premises should they grant the interview.

I wish you the best !

Thank you all so much for your replies and the information you gave me with tears in my eyes I am grateful you that help out others. I want to be totally straight/ Transparent with everyone I am down I mean I did not get any rest I have know peace at all I've been thinking and thinking but you know another painful thing is this my husband never bother to check on me after he told me the news as if I am the enemy let me tell you that hurts deep it makes me want to give up ALLLLLL that I suffered for all the things I did to have his back and this is how he treats me like I said it make me say why bother he don't have the money for all the fees that were paid, trips I took, time off work not being paid I mean I had him covered never complained about the spending I know he don't make really no money in his country so I picked up the load and put it on my head for love am I a fool or what.

Please can you answer these questions for me thank you

1. If by the Grace of God im granted a second interview will they allow me to be present I read post that talked about my condition and said it would be hard for me to travel to Ghana so does that mean I will be present if one is granted.

2. When case is reaffirmed ( I am trying to claim victory the second time) and is sent back to Ghana will the same CO interview husband or is there no way of knowing.

3. Since I am expecting a child should I be proactive after my baby is born and get a DNA test done so that wont be a hold up for us the second time around and if so do I need to go to specific center that embassy approve of.

Thank you for your time

Edited October 21, 2016 by Joetan

[Ryan H 3,812]

1. If by the Grace of God im granted a second interview will they allow me to be present I read post that talked about my condition and said it would be hard for me to travel to Ghana so does that mean I will be present if one is granted.

2. When case is reaffirmed ( I am trying to claim victory the second time) and is sent back to Ghana will the same CO interview husband or is there no way of knowing.

3. Since I am expecting a child should I be proactive after my baby is born and get a DNA test done so that wont be a hold up for us the second time around and if so do I need to go to specific center that embassy approve of.

Thank you for your time

Answers:

1. It's unlikely you would be allowed into the interview area itself, most Embassies and Consulates disallow this.
2. No way of knowing.
3. Whether or not you obtain a DNA test after the baby is born is up to you. Whether or not an Embassy or Consulate will only accept a test from a certain location is something I can't speak to.

[Ebunoluwa 6,136]

Thank you all so much for your replies and the information you gave me with tears in my eyes I am grateful you that help out others. I want to be totally straight/ Transparent with everyone I am down I mean I did not get any rest I have know peace at all I've been thinking and thinking but you know another painful thing is this my husband never bother to check on me after he told me the news as if I am the enemy let me tell you that hurts deep it makes me want to give up ALLLLLL that I suffered for all the things I did to have his back and this is how he treats me like I said it make me say why bother he don't have the money for all the fees that were paid, trips I took, time off work not being paid I mean I had him covered never complained about the spending I know he don't make really no money in his country so I picked up the load and put it on my head for love am I a fool or what.

Please can you answer these questions for me thank you

1. If by the Grace of God im granted a second interview will they allow me to be present I read post that talked about my condition and said it would be hard for me to travel to Ghana so does that mean I will be present if one is granted.

2. When case is reaffirmed ( I am trying to claim victory the second time) and is sent back to Ghana will the same CO interview husband or is there no way of knowing.

3. Since I am expecting a child should I be proactive after my baby is born and get a DNA test done so that wont be a hold up for us the second time around and if so do I need to go to specific center that embassy approve of.

Thank you for your time

1. No, Ghana doesn't usually allow the petitioner inside but being on the premises would be showing effort and support for the

relationship. In your case you have visited so much it wouldn't matter. I think at 8 months you should not travel there, too risky.

2. It could be the same CO or it could be someone else, doesn't matter.

3.The embassy has specific doctors to collect specimen and specific labs for DNA testing, you can find out what doc and labs

are on the list they use.

I would be a bit less generous with the money transfers and tell him you need the money for the baby now.

I think you both need a break to de stress and re group to be able to center your focus on your relationship

and let the process run its course.

You have done all you can, focus on your love and keeping your relationship strong and don't focus on the

immigration process so much. I hope you have a good support system with family and friends.

If he doesn't want to talk, don't chase him down with calls, leave him alone until he shows it's about your love and marriage, not

the green card.

Your first baby is due soon ~ enjoy this time and make the best of it.

I feel your pain but you can do this with or without him !

[Joetan 18]

You do NOT re file a CR/IR visa when it is being returned for review.

You re file for a returned K1 not a spousal visa. K1's don't get reviewed, CR/IR cases do and most get re affirmed.

Hello if or when I CR/IR gets reaffirmed from uscis do it go to nvc to wait for interview date like when I first started the process or does it get sent from uscis back to embassy. I have read your detailed posts on how it gets sent back to uscis but wanted to know what the process is to get second interview, and also since its takes 12-18 months we will have to get new police report, and do medical again right.

[Joetan 18]

Hello everyone I would like to know is the 2nd interview if case us re affirmed apart of the 12-18 month wait or is there another wait after the re affirmation before you can go in for interview also is it scheduled in the USA like the first interview was or does the embassy tell you when to come in.

[Ebunoluwa 6,136]

Joetan it goes to NVC first then the embassy.

[Ebunoluwa 6,136]

Yes, if police report and medical are expired you need new ones.

[Ebunoluwa 6,136]

Hello everyone I would like to know is the 2nd interview if case us re affirmed apart of the 12-18 month wait or is there another wait after the re affirmation before you can go in for interview also is it scheduled in the USA like the first interview was or does the embassy tell you when to come in.

Ghana embassy has a long wait for interviews so you have to wait a bit more for them to schedule an interview.

Once you have been re affirmed email the embassy on how to proceed with the next interview.

If they do not reply to your email after 4 weeks inquire through a senator about how to proceed to the second interview.

Ghana takes a long time to answer email.

Don't email them now, it is fruitless.

There are many ahead of you with the returned cases waiting for the USCIS review and hopefully re affirmation so watch

the Ghana forum closely for new posts coming in on how they were told to proceed.

[Joetan 18]

Joetan it goes to NVC first then the embassy.

ok thanks so it just goes from embassy to uscis than nvc than back to embassy if re affirmed I get it now I was confused because I thought once it gets to uscis and hopefully they reaffirm it they would send it back to embassy since nvc would not be the one scheduling the second interview.

[Ebunoluwa 6,136]

Whether NVC schedules or does not schedule, all petitions will have to make a pit stop through NVC.

[darnea 2]

It took me 15 months from Denial to receive my NOIR. Ghana is absolutely ridiculous.