CR1 Visa denial... Path forward?

[Family 3,988]

2 minutes ago, JeanneAdil said:

note the (program i can not list)   approval when the man and woman met in person just 8 hours 

Not sure what program Whose Name is Forbidden is…lol

[JeanneAdil 6,505]

51 minutes ago, Family said:

Not sure what program Whose Name is Forbidden is…lol

several have been told not to list the name here

[Stein 276]

16 hours ago, arken said:

If the latest interview including the phone interview happened on March onward this year, no personal visits in last 3 years could have also played a big role. Second half of 2021 is kinda post covid for travel so covid reason for 2021 usually don't fly.

 

 

Actually, Vietnam just opened for travel the end of February 2022 and even then it was limited.  By April 30 it was truly open to travel to Vietnam so no, he couldn't have visited before then.   I went in March and June this year for work, this last time with my wife and daughter.

[Stein 276]

1 hour ago, Stein said:

Actually, Vietnam just opened for travel the end of February 2022 and even then it was limited.  By April 30 it was truly open to travel to Vietnam so no, he couldn't have visited before then.   I went in March and June this year for work, this last time with my wife and daughter.

To exapnd on this, Vietnam closed to any visiting travel March 20, 2020.  So from March 20, 2020 to March 1, 2022 nobody could get into VIetnam.  I was stuck there from March 20, 2022 to March 25, 2021 when we immigrated to the US because if I left to visit the US I it wasn't possible to get back to my wife so I just stayed.

Edited July 28, 2022 by Stein

[SalishSea 17,829]

20 hours ago, Sorasykes said:

Nope it just says after the interviews we had 2. The most recent was March and a phone interview for us both.  That after the interviews they looked at the facts of the case and decided it was best to send it back to USCIS.

Sounds like they suspect marriage fraud, which can only be remedied by you moving there and/or spending significant time together before reapplying.

 

There is a lot of fraud out of Viet Nam, and if your partner has family in the US that you are friends with, that could be the reason they suspected fraud.

[SalishSea 17,829]

20 hours ago, Sorasykes said:

I was introduced through her sister who lives near me. I met and befriend my now wife's brother in law. He introduced me to the rest of the family and we became good friends. We applied for cr1 and it took a long time. We are almost 4 years into processing. It took a year to book a 221g appointment.

Bingo.

 

They suspect this is a marriage for immigration purposes.  

[Venus2mars 1]

I am very sorry that you are going through this, it’s definitely not the end of the road you can always reapply, I don’t understand why the Embassy is always wasting peoples time with that administrative processing BS As if they don’t have the technology to process someone’s background within days,

 

 

its 2022 not 1922😤

Edited July 28, 2022 by jibril2xx

[STO Overland 137]

38 minutes ago, jibril2xx said:

I don’t understand why the Embassy is always wasting peoples time with that administrative processing BS As if they don’t have the technology to process someone’s background within days,

Not every country has a sophisticated method or maybe doesn’t even have the ability to confirm the security threat or not of their citizens or visitors. Some countries do not want to share what they have with the United States. 
 

I agree however with your sentiment 

[SalishSea 17,829]

1 hour ago, jibril2xx said:

I am very sorry that you are going through this, it’s definitely not the end of the road you can always reapply, I don’t understand why the Embassy is always wasting peoples time with that administrative processing BS As if they don’t have the technology to process someone’s background within days,

 

 

its 2022 not 1922😤

Have you actually read this thread?  This isn't a case of an embassy "wasting people's time with AP"......    In OP's case, the AP led to reasons to revoke the petition.  That is the point of AP!!!

[WandY 430]

Unlike many VJ members giving you advice, I've spent a lot of time in VN and know many couples with consulate experience. I agree that you need to go to VN and spend some time, build evidence, and prove your case is legitimate. In my opinion, your case looks like fraud because you met through family in the U.S. There really is a lot of fraudulent marriage cases between VN and U.S. I've been asked to participate in a few.

 

Don't bother hiring an attorney, filing complaints, notifying politicians, etc. Not yet, anyway. Those strategies rarely work and do nothing but drain you of time and treasure. Go to VN, if possible, and build more time and evidence with your wife and family. Eventually, you'll be approved. No doubt in my mind about that.

[John & Rose 7,239]

Introduced by a mutual friend and you are already friends with her brother!  Both MAJOR red flags. They see a marriage for immigration convenience and not love. That is tough to overcome. Move somewhere you can live together for a few years and refile. This explains their questions too. Seems too much like a fake marriage to obtain immigration benefits. They only have a short time for the interview and they are very well trained to recognize potential deceit. Congress won’t help on this one. USCIS will not take any action and they will hold the petition until it expires. Don’t just refile because all the notes and findings will be attached to any future petitions. Your best bet is to move somewhere and live together for a few years to prove the relationship is bona fide. 

Edited August 1, 2022 by John & Rose

[Dal816 3]

On 7/27/2022 at 3:21 PM, dwheels76 said:

big age gap

On a side note I don't think this matters. There's 23 years difference between my husband and I and not once dis it come up during our immigration journey.

[stringpuller 74]

On 7/27/2022 at 4:38 PM, Sorasykes said:

We communicate in english and both interviews were also in english. I thought our case was very strong. I submitted way more than they asked for when they gave a us a 221g. I visited 3 times between 2018 and 2019. Obviously covid stopped us after that. Guess I'll be booking a flight soon.

Hello. Sorry to hear you are going through this. IM in similar situation because of covid. They just opened on the 15th of May and I can't go back yet because of work. I read some reviews of the interviews and one spouse was not present and his wife still got her visa. 

I have my fingers crossed. We just got DQed. 

I hope you get this sorted out. An attorney said not to answer any questions she does not know. To say i don't know is best. 

Good luck 

 

[stringpuller 74]

On 7/27/2022 at 4:51 PM, arken said:

If the latest interview including the phone interview happened on March onward this year, no personal visits in last 3 years could have also played a big role. Second half of 2021 is kinda post covid for travel so covid reason for 2021 usually don't fly.

 

Overall it seems you two need to spend some time together especially to get over with this denial after these many years and also to strengthen the evidences of bonafide relationship to start the next petition. Not sure wat sort of supporting evidences were provided during i130 and during the visa interview, but make sure to start collecting all possible evidences.

I thought HCM just opened May 2022 for tourists? Is this not correct? 

[stringpuller 74]

On 7/27/2022 at 5:09 PM, Sorasykes said:

How many trips I made. She said 2. She also said we got married on the third trip(she thought the third trip was the second because she forgot about the first.) She was technically right we got married on the second trip. 

I see these as really important questions to get right.