Refused visa status

[Unknown1234543 6]

Hello 
After having my interview in Jerusalem in November I thought everything was smooth. We were told everything was fine. We were given a form 221g and told to send the required documents as well as my souses passport. We gathered all the documents and passport and sent it to them.  It’s been over 2 months and no word. I recently found out I can check the status of the visa. So I checked it and It has a refused status. Devastating news. I didn’t know if it was refused because the documents haven’t been updated yet or because something was wrong. So I decided to email the embassy to find out what was going on. After a couple days I received this response “ 

Dear Sir,

 

Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible.  Based on indications that your petition contains inaccurate information, we are returning it to the United States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS) for review and possible revocation.  If USCIS determines that the information we are providing would provide a sufficient foundation for initiating revocation proceedings, it will send the petitioner a notice of intent to revoke that includes a statement of the facts and evidence, and you will have the opportunity to respond.  Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further information.

 

We did not provide any inaccurate information. I’m just wondering why they would make us send her passport in only for them to keep it with them for months and tell us it was refused? At the embassy the interviewer told her everything is fine and once we receive the documents we’ll send your passport and visa back in the mail. Please someone help me!

[geowrian 22,337]

What visa is this for?

 

Presumably, they discovered something during AP/final checks that made the petition invalid.

The type of visa that was applied for would tell me the petition, which may or may not lead to some possible causes of it being sent back for revocation. It will also determine what the possible next steps are.

[Unknown1234543 6]

It’s an ir1 visa. Nvc website says your case is currently in Jerusalem. 

[geowrian 22,337]

Alright.

First step is to try to figure out what on the petition could be incorrect.

The most common causes for a spousal petition would be if the marriage is not bona fide, the marriage is not legal (i.e. if a prior marriage was not fully dissolved beforehand), etc.

Do you have any red flags (difference in languages, ages, religions, etc.)? How much time have you spent together in person?

 

What will happen with a returned I-130 is it will go to NVC, then back to USCIS. USCIS will either reaffirm the petition outright or send a Notice of Intent to Revoke (NOIR).

The NOIR will list the cause/causes that they intend to revoke the petition. You will have a short timeframe to rebut/respond to this. Be sure to respond to every point on it and provide evidence as available. Once USCIS gets the NOIR response, they will either reaffirm the petition or revoke it.

If revoked, you need to fix the issue(s) then you can start over with a new petition.

If reaffirmed, it will be sent back to NVC then to the consulate again. A new medical, interview, etc. will be needed. They are not supposed to refuse the visa for the same reason with the same evidence.

[Unknown1234543 6]

Our marriage is 100% authentic and real. We were engaged for 8 months then married and living together for over a year and a half. Language religion age is all the same. Is there anyway to be updated on what’s going on?

[Lemonslice 4,840]

27 minutes ago, Ayoubsaid said:

Our marriage is 100% authentic and real. We were engaged for 8 months then married and living together for over a year and a half. Language religion age is all the same. Is there anyway to be updated on what’s going on?

Did you show evidence of domicile/intend to establish domicile in the USA?  

 

[Unknown1234543 6]

My brother made me a lease stating that I would be renting a room from him. Also proof of job applications. I also am currently living in the state’s as well I have been here for 2 months.

[SalishSea 17,828]

2 hours ago, Ayoubsaid said:

My brother made me a lease stating that I would be renting a room from him. Also proof of job applications. I also am currently living in the state’s as well I have been here for 2 months.

Huh?  How are you allowed to “live in the states” without the visa?  Is your brother your petitioner?  Something is off here.

[belinda63 3,038]

Sounds like the OP is the USC and his wife is the intending immigrant. He moved back to the US prior to her visa being issued.

Something was found during the background checks that didn't match what was on the visa application. Could be a lot of things, a job not mentioned, military service not disclosed, prior marriage not mentioned, etc. You will have to wait for the letter.

[Lemonslice 4,840]

4 hours ago, Ayoubsaid said:

My brother made me a lease stating that I would be renting a room from him. Also proof of job applications. I also am currently living in the state’s as well I have been here for 2 months.

Where are you/where's your spouse? You said you were living together? 

 

Are you trying to reunite with your brother, or your American spouse?

[Unknown1234543 6]

5 hours ago, Jorgedig said:

Huh?  How are you allowed to “live in the states” without the visa?  Is your brother your petitioner?  Something is off here.

I am petitioning for my wife. I was born and raised in the U.S

[Unknown1234543 6]

2 hours ago, Lemonslice said:

Where are you/where's your spouse? You said you were living together? 

 

Are you trying to reunite with your brother, or your American spouse?

I am in the US my wife is in Jerusalem. I have only been back in the states for 2 months. After my wife’s interview at the embassy and the officer pretty much telling her everything was good to go I decided to head to the states before my wife to get us settled in quicker. 
 

So no one is confused I am an American citizen. I am petitioning for my wife. We  lived together in Jerusalem, except the last 2 months. 

 

[NikLR 13,227]

3 minutes ago, Ayoubsaid said:

I am in the US my wife is in Jerusalem. I have only been back in the states for 2 months. After my wife’s interview at the embassy and the officer pretty much telling her everything was good to go I decided to head to the states before my wife to get us settled in quicker. 
 

So no one is confused I am an American citizen. I am petitioning for my wife. We  lived together in Jerusalem, except the last 2 months. 

 

To avoid confusion in the future please fill out your profile and your timeline.

 

[Unknown1234543 6]

Does anyone know why the requested my wife’s passport along with the missing document on form 221g

[Just Paul 4,595]

4 minutes ago, Ayoubsaid said:

Does anyone know why the requested my wife’s passport along with the missing document on form 221g

presumably to put a visa in it.