When my ir1 refused what is best next step

[Coly 1]

Hello VJ members  

I'm asking about my case while my ir1 visa Refused and got back for further review to USCIS  . What is next best step . Appeal or reapply  the whole process 

Please I need help from  anyone who passed same situation  

Thank you

[Longingfor 195]

It depends on why it was refused that would dictate whether appeal or reapply. You need to provide background so that the members are able to advice. Right now as your post stands says nothing ro us at all hence you cannot be guided accordingly.

[Crazy Cat 41,903]

I would think the best approach is to:

1.  Determine why the visa was denied

2.  Build a strong case for the appeal

3.  Appeal within the time frame given

 

Unless something has changed, reapplying will just result in another denial

 

Good Luck.

[Boiler 45,558]

Impossible to comment without knowing more, do you have a criminal history?

[Coly 1]

I think its dined because of our age difference 

[Boiler 45,558]

Just now, Coly said:

I think its dined because of our age difference 

Would not be denied just for that, how much older are you?

[Coly 1]

I don't have any records  and my husband  too we got clean records. We met more than 3 times we know each other for  5 years. Only weak point is age difference 

Our age difference  is 30 years old . He is 22

[Coly 1]

On Wednesday, September 27, 2017 at 7:42 PM, Beachlover said:

@ sparkles, don't agree with that at all. I personally know Moroccans who have adopted orphans or abandoned children. Its not allowed to lie to them and let them believe that they are biological and let them change their last name etc. So basically you can raise a child  ( it's even encouraged to do so) and be like a parent to them. But you can't do that without doing it the legal way, and that's adoption.

 

I think the problem might be that petitioner was an adult at the time of dating and the beneficiary was a minor.

 

19 minutes ago, missileman said:

I would think the best approach is to:

1.  Determine why the visa was denied

2.  Build a strong case for the appeal

3.  Appeal within the time frame given

 

Unless something has changed, reapplying will just result in another denial

 

Good Luck.

Thank u 

I think reason for  the denial is our age difference  (30 years old)

[Coly 1]

8 minutes ago, Boiler said:

Impossible to comment without knowing more, do you have a criminal history?

No we don't.  But I think it's age difference  between us  30 years

[Boiler 45,558]

21 minutes ago, Coly said:

No we don't.  But I think it's age difference  between us  30 years

They can not deny you just in age.

 

What is the back up plan, are you moving?

[Ebunoluwa 6,136]

You probably did not front load a quality petition with plenty of bona fide relationship evidence and with at least some kind of mingled

financial proof and otherwise showing that you are a genuine couple for the past 5 years.
Having said that, your embassy is one of the toughest to go through and many petitions are denied for valid and also just bs reasons.
All is not lost though. If you had a K1 then you would have to start all over again but this is the return process for a spousal visa:
 

1. Embassy will return petition to USCIS.

2. USCIS will send you, the petitioner a NIOD/NOIR request letter stating the reason(s) of the refusal.
3. You then have 30 days to submit the evidence overcoming the reason(s), gather any and all relationship evidence you have from the beginning to current.
     (Boarding tickets from your trips, hotel receipts, any mingled assets, wills, power of attorney, life insurance listing each other as beneficiary, affidavits

     from your and his family attesting to your bona fide marriage relationship, photos of your trips with his family and from the wedding.
4. If USCIS is satisfied with your evidence then they will review and send it again to the embassy with recommendation to approve, if you have
    not satisfied their request then they will deny the petition and you have to file another petition.

There is no "appeal process" per se, nothing you have to do to get the ball rolling, the process of reaffirmation begins with the NOID/NOIR
letter from USCIS and only then do you answer and submit your evidence.
The bad news is that this reaffirmation process can take 1-2 years from now. I know of people who have waited over 2 years but the median
time table is about 12-18 month, depending on the embassy and how fast they have or are going to return your petition. Some embassies
sit on them for another 8-12 months before they even return them, some are faster.
To sort of track where your petition is contact your senator and request the diplomatic pouch number in which the petition has been
(if it has already been returned) returned. Don't rely on the senator to "fix" this, he can't, you as the petitioner must take the wheel and tell the senator's
aid/immigration liaison specific things you want done, (pouch number to verify where your petition is).
You can try for the senator to find out the reason now so you can better prepare ahead but chances are they will not tell him or just give
him a general term such as : not a bona fide relatonship.
Meanwhile visit him again and collect even better evidence, as much as possible, you have to convince the embassy that you are bona fide.
Best wishes !
 

[JFH 12,190]

I remember a similar case (and I think that it was Morocco too) and it was to do with the fact (if I recall correctly) that the beneficiary was a minor when they met and the petitioner was considerably older. I'll do some searching to see if I can find the thread and see how it ended. But I think you need to now research the process for immigrating to Morocco. 

[Latonia 29]

This seem to be the same issue from the other thread...the boy was about 17 when they met but 18 when they married she was about 43 when they married and is now 48 and he is 22 now...this is a serious issue because the CO is looking at the age he was when they met because he was a teenager and she was a mature woman...this is a very big age difference and knowing how Casablanca Consulate is...they will deny it again because of the age difference and it could have been something the young man said in the interview to the CO that made them deny him....

[EvolvingOutLoud 10]

Yeah, here is the thread from a few days ago.

 

OP, it is hard to give advice when there are inconsistencies in your story. In the first post you say you have met 5 times and in this you say 3. Also, in the first post there are 26 years between you and now you say 30, so I take it you are 52? Your age doesn't matter to me, however; honesty does.

 

In response to your question, if USCIS are reviewing your case there isn't anything yet to appeal, so you wait. If they have denied your case then it may be best to consult with an immigration attorney on how to move forward with your case.

[Jeanne Adil 1,651]

There is a personal message to tell u what we did 

read it and make your own decisions from what all of us say

but best advice is from others doing Casa embassy

 

BTW don't say my IR1 

this is joint adventure 

say our IR1

1 of the things u must prove is jointly you are in this together for the long run