Refusal due to section 212(a)5

[Nockideetah 5]

52 minutes ago, Khalid Mahmud said:

No, the CO asked many questions about our marriage,  how we met, wedding proofs, age , age of marriage etc , then at the end he said you case needs additional processing, have me 221g asking no documents as I have handed over to him all that I have. My case was in refused status since March this year and in September I got refusal letter and my case returned to nvc,  there that is under necessary administrative processing as per email from nvc, waiting for the response of uscis to tell me about the reason of refusal. 

Oh I thought you got the 212a5

[Ma Daniel 15]

6 hours ago, Nockideetah said:

So the CO actually told you it was because of the lie?

The CO told him, he wasn’t  eligible for the visa and his petition will be sent back to DOS.

Edited December 4, 2020 by Ma Daniel

[Nockideetah 5]

10 minutes ago, Ma Daniel said:

The CO told him, he wasn’t  eligible for the visa and his petition will be sent back to DOS.

Because he lied?

[Ma Daniel 15]

2 minutes ago, Nockideetah said:

Because he lied?

The visa was denied because, the CO didn’t believe our marriage is real since he had stated couple of years back in his visitor’s visa application that he was married. I am the one stating that he lied(as he has never been married or was ever married to her). From my understanding, the CO thinks our marriage isn’t real, since he already has an existing marriage(as he,my husband  had stated in his previous B2 visa application). So, it is our responsibility to proof that he was never married to his ex, and accept that he had lied to gain immigration benefit.

[Nockideetah 5]

6 minutes ago, Ma Daniel said:

The visa was denied because, the CO didn’t believe our marriage is real since he had stated couple of years back in his visitor’s visa application that he was married. I am the one stating that he lied(as he has never been married or was ever married to her). From my understanding, the CO thinks our marriage isn’t real, since he already has an existing marriage(as he,my husband  had stated in his previous B2 visa application). So, it is our responsibility to proof that he was never married to his ex, and accept that he had lied to gain immigration benefit.

Oh I thought they specified. So how would a labor certification code be stated on the denial. Sure there isn’t other misunderstandings?

[Ma Daniel 15]

On 11/2/2020 at 12:19 AM, Jorgedig said:

This sums up why this may be happening more.......                It was from the 2011 thread posted by Paul above:

 

Concerning the labor-certification rationale for a family visa refusal, a consular officer in Guangzhou wrote: 

Quote

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

@Nockideetah this is similar explanation my lawyer gave me

[Nockideetah 5]

37 minutes ago, Ma Daniel said:

@Nockideetah this is similar explanation my lawyer gave me

I don’t agree. Lawyers can make assumptions. I’m still looking for real sources because the US laws shouldn’t be misconstrued. 

[Khalid Mahmud 6]

11 hours ago, Nockideetah said:

Oh I thought you got the 212a5

I am refused on 212a 5A after seven months of AP , beside that I also got 221g (white) after my interview 

[Khalid Mahmud 6]

1 hour ago, Nockideetah said:

I don’t agree. Lawyers can make assumptions. I’m still looking for real sources because the US laws shouldn’t be misconstrued. 

From where we can get that ??? The uscis has to tell us the reason that why CO refused on 212a 5A and  returned the petition.

[Nockideetah 5]

43 minutes ago, Khalid Mahmud said:

I am refused on 212a 5A after seven months of AP , beside that I also got 221g (white) after my interview 

For what reason?

[Nockideetah 5]

42 minutes ago, Khalid Mahmud said:

From where we can get that ??? The uscis has to tell us the reason that why CO refused on 212a 5A and  returned the petition.

I’m trying to find that out as well

[Khalid Mahmud 6]

48 minutes ago, Nockideetah said:

I’m trying to find that out as well

Keep me updated too

[Nockideetah 5]

On 12/4/2020 at 1:21 PM, Ma Daniel said:

The visa was denied because, the CO didn’t believe our marriage is real since he had stated couple of years back in his visitor’s visa application that he was married. I am the one stating that he lied(as he has never been married or was ever married to her). From my understanding, the CO thinks our marriage isn’t real, since he already has an existing marriage(as he,my husband  had stated in his previous B2 visa application). So, it is our responsibility to proof that he was never married to his ex, and accept that he had lied to gain immigration benefit.

Oh I thought they specified. So how would a labor certification code be stated on the denial. Sure there isn’t other misunderstandings?

[Nockideetah 5]

On 11/1/2020 at 11:19 PM, Jorgedig said:

This sums up why this may be happening more.......                It was from the 2011 thread posted by Paul above:

 

Concerning the labor-certification rationale for a family visa refusal, a consular officer in Guangzhou wrote: 

Quote

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

Is 212a5 the same as 212a5a?

[Ma Daniel 15]

1 minute ago, Nockideetah said:

Is 212a5 the same as 212a5a?

Yes