Case returned back to USCIS

[Boiler 45,730]

Well that is different

 

Which Consulate?

 

Your wife is the one that should be on here, does she have a Lawyer?

 

As always the totality of the case is what matters and maybe unintentionally all the things you have mentioned shall we say raise eyebrows.

 

All the love stuff does not matter and is any event impossible to prove, what does matter is that it is not a relationship for immigration benefit. And you provided quite a bit for them to question this.

 

There may be cultural factors involved but as is often the case we do not see the full picture so it is very difficult to know. 

[Doc B 0]

I am the beneficiary in a foreign country, my wife is the petitioner that lives in United States of America. I know quite well I don’t provide I-864 my wife does. 

@JeanneAdilthsnjs fit your contribution, I appreciate your time 

I’ll appreciate if you could share how you get through with your NOID

Please do not hesitate to help 

I heard about a case that was more hell complicated that was reaffirmed 

please feel free to share idea 

thank you 🙏 

[Boiler 45,730]

3 minutes ago, Doc B said:

I am the beneficiary in a foreign country, my wife is the petitioner that lives in United States of America. I know quite well I don’t provide I-864 my wife does. 

@JeanneAdilthsnjs fit your contribution, I appreciate your time 

I’ll appreciate if you could share how you get through with your NOID

Please do not hesitate to help 

I heard about a case that was more hell complicated that was reaffirmed 

please feel free to share idea 

thank you 🙏 

 

She was the petitioner, and I am pretty sure did not have the issues you have, but it was mainly down to her, as in your case it is down to your wife.

[carmel34 3,645]

7 hours ago, Doc B said:

How do I defend my case for reaffirmation?

 

7 hours ago, Doc B said:

I have been piling up more evidences like life insurance, pictures, videos calls, call logs, money transfer, chats, etc to get ready for uscis when requested. 

 From what you have posted, you married in your country after a very brief time together, first visit in person, soon after a divorce.  The additional evidence you mentioned has nothing to do with time spent together in person.  Financial co-mingling helps of course, but in your case more visits from your wife will be needed if you want to increase the probability that a response to the NOID/NOIR will be successful.  You have not yet answered the question about how many days you have been together in person.  Is your wife willing to visit you multiple times, for months each trip?  That is the only path forward to defend your case that I can see.  Have you spoken to your wife about more visits to be together in your country?  I visited my husband in Brazil 8 times before his spousal visa was approved.

Edited July 23, 2023 by carmel34

[TBoneTX 45,585]

2 hours ago, Doc B said:

I am the beneficiary in a foreign country

Which country?

[JeanneAdil 6,579]

you have remained polite and calm even with my comments so i will continue

1st     its very important to list your country and /or embassy

 to read posts and embassy reviews from them by hitting the word portal above and searching by country

  Why important?   because each embassy is different and some are high fraud

2nd    also important if u r citizen of 1 country but interviewing in another

3rd     very important to know what your wife is planning and guide her thru the next process which will be months from now/we are talking          about 2024 most likely

  as petitioner does I 130 and provides documents

  pays NVC and submits supporting documents for I 864 and ds 260 (the only thing u have done up to this point)

4th     as mentioned by many USC needs to spend quality time with beneficary

    I had 5 trips all over a month -10 months in total with him and his family

    you can meet in neutral country if u need but keep boarding passes of each trip

5th     comminling finaces helps show seriousness of being together

      definitely she needs to file tax returns as Married

6th    filing taxes as married filing joint wtih W7 gives u a ITIN (individual taxpayer ID #)  which allows her to add  u to some accounts like             banking without a debit card till u arrive in US

 

Right now u should do a POA (power of attorney) for your wife to do certain business in the US

then plan to be together

Take some special photos of u and that new baby-not sure it can help but it can't hurt

 

then tell your wife to message here on VJ with name of embassy and talk to us  as the remaining process  could be costly

BTW  our visa took 6 years so are the 2 of u willing to do the work? our  K1 denied in 2009 and then 2010 married 

   

Edited July 23, 2023 by JeanneAdil

[usmsbow 802]

2 hours ago, TBoneTX said:

Which country?

 

I always wonder why some are so reluctant to share that information. Just makes me think the CO was onto something...

 

 

 

 

[JeanneAdil 6,579]

4 minutes ago, usmsbow said:

 

I always wonder why some are so reluctant to share that information. Just makes me think the CO was onto something...

 

 

 

 

if he or his USC wife want help the best people to get in from are 1 -those of us who have gone thru NOID/NOIR    2- members that go thru the same embassy as him

so,   OP  share the embassy

ever one here helps when they can 

[Boiler 45,730]

I am sure we all have guessed, now we may be horribly wrong.

[JeanneAdil 6,579]

Just now, JeanneAdil said:

if he or his USC wife want help the best people to get in from are 1 -those of us who have gone thru NOID/NOIR    2- members that go thru the same embassy as him

so,   OP  share the embassy

ever one here helps when they can 

And OP read the Nolo.com site on red flag issues and share any of those 

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

We had a big age difference but he is here and now a citizen

so,  sharing info helps

[mari04 100]

The only option I see here is her moving to your country or both of you moving to a third country. This is not about freedom. You and your wife are free to do what you like. The problems COs usually have are with with something that is OUTSIDE of the cultural norms of beneficiary and/or petitioner. For example, if your and your spouse’s roots were from Norther Europe or Israel, it wouldn’t be completely outside of socially acceptable. Still outside but not outrageously outside. This, if you are from these countries, I would still argue. If you are from Middle East, North Africa, or India: definitely not. All about cultural norms. 

[JeanneAdil 6,579]

USC living outside the US may be difficult /she can't move to another state without the father's permission

The natural father has rights even if she doesn't go for support /  he still has rights 

and OP says she wanted this  baby so i am sure she wouldn't leave without her child

[Cathi 5,771]

Marrying on the first visit has nothing to do with why your visa was denied. I married my husband who is 21 years younger than me on my first visit, a different religion, he's from a MENA country- plus I'm also divorced with kids and I'm sure we had a few other so-called red flags thrown in there as well. He had no problem whatsoever getting his visa, not even an RFE at any point during the journey. You were denied because you allowed your wife to get pregnant by "whoever she chooses" outside of your marriage. I don't care if you can't "medically" have children, it's NOT normal.

There is no one here that can give you any advice that's going to help. I honestly don't even think the best of the best immigration attorneys can help. 

Just some real talk.

I've been on this site for 11 years and I've seen and heard a lot of crazy things here, but this one is absolutely takes the cake.

[Redro 4,611]

13 minutes ago, Cathi said:

Marrying on the first visit has nothing to do with why your visa was denied. I married my husband who is 21 years younger than me on my first visit, a different religion, he's from a MENA country- plus I'm also divorced with kids and I'm sure we had a few other so-called red flags thrown in there as well. He had no problem whatsoever getting his visa, not even an RFE at any point during the journey. You were denied because you allowed your wife to get pregnant by "whoever she chooses" outside of your marriage. I don't care if you can't "medically" have children, it's NOT normal.

There is no one here that can give you any advice that's going to help. I honestly don't even think the best of the best immigration attorneys can help. 

Just some real talk.

I've been on this site for 11 years and I've seen and heard a lot of crazy things here, but this one is absolutely takes the cake.

The denial happened before baby was born…. And it sounds like OP didn’t inform CO wife was pregnant and the child wasn’t his… 

OP was considering keeping the fact of child secret 

[Cathi 5,771]

9 minutes ago, Redro said:

The denial happened before baby was born…. And it sounds like OP didn’t inform CO wife was pregnant and the child wasn’t his… 

OP was considering keeping the fact of child secret 

Well keeping it a secret isn't cool, either. It has misrepresentation written all over it. Lying by omission is still lying and USCIS is very good at finding even the smallest things. I went to my husband's interview at the consulate so the CO decided to ask me a few questions, one of them being: "Why does your ex husband still have mail delivered to your home?" The only thing that was still delivered to my home with me ex's name on it, was the cable bill. My ex worked for Comcast at the time and he received free cable and internet because of it, so he just never took his name off of the account. I never even thought twice about it and had forgotten, but USCIS certainly knew. The CO understood my explanation and it never caused any issues. USCIS can find out anything with a little research.

Either way, it's still not normal to "allow" your wife to have a child with someone else. It wouldn't be difficult at all for USCIS to find out about it. Medical records, healthcare records, child's birth certificate ect..USCIS and the State Dept has access to everything.