CEAC still shows refused. (merged)

[Linda2020 2]

On 6/2/2023 at 6:32 PM, zozomike said:

My Senator wrote to the Embassy upon my request after one year of no action and no answers. The Embassy immediately responded, and scheduled a second interview. (something that seems rare) At the interview, which according to my wife did seem like a real interview, the demand was made to reissue all the documents which had "expired" while the Embassy delayed. These were all furnished by hard copies on April 27th 2023. The Senator again made Congressional inquiry at the end of May and the Embassy confirmed our documents received and delivered to the CO. No decisions. 

At this stage we just want them to make a decision, yes or no. Either my family will be allowed to join me in USA, or I will sell out and join them in Sri Lanka or some third country where the stepsons would heve better opportunities. 

No update yet? 

[zozomike 9]

Thanks for checking. No update, no idea what to do. The Embassy just stonewalls. 

[Linda2020 2]

11 hours ago, zozomike said:

Thanks for checking. No update, no idea what to do. The Embassy just stonewalls. 

Dont worry everything will be alright.  Hope u ll get a good news soon. I think Srilanka US embassy is super slow. I had my interview on April 11th, during the interview they gave me 221g bcoz I forgot to bring original birth certificate, i submitted it next day after the interview.  After that my Status changed to ready from refused on May 15th , since then Status is ready date changed 4times.   

[zozomike 9]

RETURNED TO NVC Please advise, 

My Senator sent another Congressional inqury and also requested the State Department enquire. These would have been received at the embassy on August 11th, as there was a file update, but the status did not change.  On August 14th my wife Mary received a call to return to the Embassy the following day. I checked CEAC and found our petition had been returned. Mary traveled to the Embassy as requested, and actually met the CO. The CO told her our marriage was suspect and doubtful. Weirdly she was given a package of our documents, but not their passports.  The CO told her we could send proofs to the NVC. Evidently, the 49 pages of relationship proofs in the file, our five-year relationship, my six trips to live with them (wife and stepsons) and two interviews are not enough? 

No idea how to appeal this? Should I try to retain an Attorney? Should we give up? We have been trying with this Embassy for half a decade. Always documentarily qualified etc. 

[zozomike 9]

After holding our petition in their Embassy for 2-1/2 years, approving once then canceling approval and two interviews the Embassy to Sri Lanka returned our petition to NVC. The Embassy received an inquiry from my Senator, and also from State Dept ( at Senator's request) on Friday Ag 11, and rejected on Monday Ag 14th.  This email from the State Dept was forwarded to me by by my Senator:

Iris, good afternoon.  Thank you for your patience while I consulted with colleagues in the Visa Office.  The Chief of the Immigrant Visa Unit reviewed the information on file and after careful consideration was not able to approve the immigrant visa application of Mr. XXXXX wife and children.  Because the applications were refused, they are being returned to USCIS (via the National Visa Center) for potential revocation.  USCIS will give Mr. XXXX an opportunity to present additional information and has the authority to reapprove or revoke the petitions.  Mrs. XXXX was asked to come into the embassy yesterday to talk about the refusal and she knows the petitions are being returned.  They gave back all her original documents as well. 

I regret that this is not the outcome that everyone hoped for. 

Keep well,

U.S. Department of State

However Travel.gov says this: The sole authority to approve or deny (called adjudicate) visa applications, under U.S. immigration law section 104(a) of the Immigration and Nationality Act, is given to consular officers at U.S. Embassies and Consulates.

So can we appeal to USCIS? What is the process? Thanks in advance.

[EM_Vandaveer 2,408]

USCIS will issue a NOIR (Notice of Intent to Revoke) but it will take quite some time for that. Then you need to refute their reasons (a lawyer could help).

Ideally, USCIS would then re-affirm the petitions and send them back to NVC & the Consulate.

Then it would be up to the Consulate once again.

[JeanneAdil 6,492]

u must now wait to know the issues for the NOID about 6 months

 

Yes,  if u have solid proof that the issues are wrong,  u can appeal  (long wait for  a decision from imcmirgration court

i waited over a year for answer to my appeal

court declared marriage was bona fida and to my surprise not sent back to embassy or NVC BUT i was allowed to reapply

 

u can just send in new petition with actual PROOFS to the NOID to avoid an extra year of waiting

 

Actual proofs are not just statements saying "that is not true "but showing why

like if u did not show evidence of several visits,  u would need copy of boarding passes , auto dated photos 

 

Basically u can't do anything till u know the issues

and if issues say "fake documents /anything of that nature"   u would not be able to appeal as its willful misrepresentation

[zozomike 9]

 Thank you both. The officer claimed when denying to my wife that the marriage did not seem adequate. Never in all the time did she request more than the 40+ pages of relationship proof already in the file. I have lived  with them six times and documented that. So now looking to bail out semi permanently. 

[Chancy 6,241]

*** Merged another related thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***