Refused visa status

[Unknown1234543 6]

Just now, Paul & Mary said:

presumably to put a visa in it.

Then why refuse it 😔. Could this all be a mistake? How can I found out where my Papers/ passport currently are?

[carmel34 3,633]

20 minutes ago, Ayoubsaid said:

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

What were the missing documents?  What exactly did the 221g ask you to send in?  What specifically did you send after getting the 221g?  This may help explain the refusal.

Edited February 8, 2020 by carmel34

[Unknown1234543 6]

12 minutes ago, carmel34 said:

What were the missing documents?  What exactly did the 221g ask you to send in?  What specifically did you send after getting the 221g?  This may help explain the refusal.

Missing documents

Why no tax letter

Original marriage certificate 

proof of domicile

divorce certificate 

passport 

 

First time around I sent all the above. After 5 days we received passport back along with another 221g that stated they needed the original divorce certificate between me and my first wife (I had sent them a scanned copy). After getting the originals divorce paper from the states we sent it in as well as my spouses passport Back to the embassy. Since then we haven’t gotten anything back. Except for the email refusal letter for inaccurate information.

[NikLR 13,227]

25 minutes ago, Ayoubsaid said:

Missing documents

Why no tax letter

Original marriage certificate 

proof of domicile

divorce certificate 

passport 

 

First time around I sent all the above. After 5 days we received passport back along with another 221g that stated they needed the original divorce certificate between me and my first wife (I had sent them a scanned copy). After getting the originals divorce paper from the states we sent it in as well as my spouses passport Back to the embassy. Since then we haven’t gotten anything back. Except for the email refusal letter for inaccurate information.

did all your dates match up?  Was the divorce final before you were married again?

[Unknown1234543 6]

Yes I was married a year and a half after I was divorced 

[Unknown1234543 6]

16 hours ago, geowrian said:

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.

Do you know how long this process will take 

[SalishSea 17,835]

36 minutes ago, Ayoubsaid said:

Do you know how long this process will take 

There is no way to know for sure.  It can be weeks/months/years.

[Quarknase 1,072]

7 hours ago, Ayoubsaid said:

Missing documents

Why no tax letter

Original marriage certificate 

proof of domicile

divorce certificate 

passport 

 

First time around I sent all the above. After 5 days we received passport back along with another 221g that stated they needed the original divorce certificate between me and my first wife (I had sent them a scanned copy). After getting the originals divorce paper from the states we sent it in as well as my spouses passport Back to the embassy. Since then we haven’t gotten anything back. Except for the email refusal letter for inaccurate information.

Did you send the final divorce decree, or the long form with all details checked for court?

If the latter, it's possible that there lays the issue because it does not serve as the "final" judgment because after court date there's a waiting period until it's considered final.

But we can all only guess until you hear from USCIS.

[Unknown1234543 6]

On 2/7/2020 at 11:40 PM, geowrian said:

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.

Is it possible that it shows refused because they have not entered in the missing documents they requested, even though the papers were sent in over a month ago?

[jerson1988 7]

On 2/11/2020 at 4:27 PM, Ayoubsaid said:

Is it possible that it shows refused because they have not entered in the missing documents they requested, even though the papers were sent in over a month ago?

yes is temporary refuse hurry get it done

[Unknown1234543 6]

On 2/7/2020 at 11:21 PM, geowrian said:

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.

So we we’re finally sent back my wife’s passport. Attached with her passport was this paper.

[Unknown1234543 6]

Quick update 

 

 We were sent this paper as well as my wife’s passport today. If anyone has any help it would be greatly appreciated 

[geowrian 22,337]

INA 212(a)(5)? That's really weird. That's about labor certification....which generally shouldn't be applicable for a CR-1/IR-1 visa.

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

Quote

(5) Labor certification and qualifications for certain immigrants

(A) Labor certification

(i) In general

Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule

For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession, or

(II) has exceptional ability in the sciences or the arts.

(iii) Professional athletes

(I) In general

A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for the certification.

(II) "Professional athlete" defined

For purposes of subclause (I), the term "professional athlete" means an individual who is employed as an athlete by-

(aa) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or

(bb) any minor league team that is affiliated with such an association.

(iv) Long delayed adjustment applicants

A certification made under clause (i) with respect to an individual whose petition is covered by section 1154(j) of this title shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.

(B) Unqualified physicians

An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.

(C) Uncertified foreign health-care workers

Subject to subsection (r), any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is inadmissible unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that-

(i) the alien's education, training, license, and experience-

(I) meet all applicable statutory and regulatory requirements for entry into the United States under the classification specified in the application;

(II) are comparable with that required for an American health-care worker of the same type; and

(III) are authentic and, in the case of a license, unencumbered;

(ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant's ability to speak and write; and

(iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession's licensing or certification examination, the alien has passed such a test or has passed such an examination.

For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.

 

[Unknown1234543 6]

9 minutes ago, geowrian said:

INA 212(a)(5)? That's really weird. That's about labor certification....which generally shouldn't be applicable for a CR-1/IR-1 visa.

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

 

That’s exactly what I was thinking. What should I do now. Just wait for the noid?

[Boiler 45,525]

Typo?