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bobo123

Married while father was a GC holder, continued with interview and was denied. Father now USC (split)

By bobo123 in Bringing Family Members of US Citizens to America

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Boiler
Boiler

Sort of self inflicted, I would probably officially withdraw in writing and at some point hopefully they will just close the case.

milimelo
milimelo

Nothing a lawyer can fix. His father needs to start a new I-130 and you're looking at minimum 14-15 years to immigrate. F3 (married child of USC) category.  https://travel.state.gov/content/trave

Ontarkie
Ontarkie

Montreal asks almost everyone to fill out the DS 5535. New born babies have even had it requested. Once you're in the computer they tell you the same thing. If you look at the 221g you poste

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Boiler Grand Master

Boiler   45,445

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Just now, bobo123 said:

Nope, just him. 
 

I’m confused to why they asked for the additional forms (ds 5535) 

 

That makes some sense, after all they did not know he was married, you existed, as he had applied under an unmarried category.

 

I have seen this a few times but pretty sure not from Canada, my guess is that this was a first time for the ConOff and rather than waste time just went though the standard process.

 

Personally I would be really upset with a Lawyer who put me through this time and trouble.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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bobo123   3

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10 hours ago, Boiler said:

That makes some sense, after all they did not know he was married, you existed, as he had applied under an unmarried category.

 

I have seen this a few times but pretty sure not from Canada, my guess is that this was a first time for the ConOff and rather than waste time just went though the standard process.

 

Personally I would be really upset with a Lawyer who put me through this time and trouble.


Well, we couldn’t have just missed the interview. we tried emailing them, notifying through the NVC portal, submitted our marriage certificate and everything else on the CEAC portal but they never got back to us.

We know someone who was in a similar boat, but when they submitted their marriage certificate and other documents on the CEAC portal their application got denied, and the case gotten sent back to the USCIS. 
 

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bobo123   3

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10 hours ago, Boiler said:

That makes some sense, after all they did not know he was married, you existed, as he had applied under an unmarried category.

 

I have seen this a few times but pretty sure not from Canada, my guess is that this was a first time for the ConOff and rather than waste time just went though the standard process.

 

Personally I would be really upset with a Lawyer who put me through this time and trouble.


also, after the interview, the officer told my husband to fill out the DS5535 form, she said “once you fill it out, we will ask for your and your wife’s passport to be submitted” 

 

😵‍💫

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Boiler Grand Master

Boiler   45,445

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You were married pre 2020, that was when the petition died, unless USCIS were told, safe to assume they were not, they would not know.

 

So they continued to process it, and a lot happened to get him to an interview, the logical time to kill it would have been when they notified the PD was current. Ohh sorry married so no longer eligible.

 

Any water under the bridge, no misrepresentation so I do not see it impacting any other plans.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ontarkie Grand Master

Ontarkie   14,217

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Montreal asks almost everyone to fill out the DS 5535. New born babies have even had it requested.

Once you're in the computer they tell you the same thing.

If you look at the 221g you posted it shows the visa was denied. The Computer just randomly added the DS5535 so of course they asked for it to be filled out they have too. But they also denied the it on the proper grounds.

I also find it funny they asked for your stuff as you are not even in the existing petition. So probably something they just said to get your husband out of the room. 

 

Your husband should not have showed up for the interview. Bad advice from the lawyer. Was it the lawyer who emailed Montreal or yourselves? 

It would have been much cleaner and now that the system flagged your husband with the DS5535 he will be stuck with the next visa you try to get.  You have two choices here, finish and send back the DS5535 and wait a year to deny it outright again. 2.  Start your investment visa and hope and pray they don't ask for the DS5535 again and wait another year after the interview or have to spend 5-7k to file a WOM to get you out of the hole. 

Spoiler

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bobo123   3

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3 hours ago, Ontarkie said:

Montreal asks almost everyone to fill out the DS 5535. New born babies have even had it requested.

Once you're in the computer they tell you the same thing.

If you look at the 221g you posted it shows the visa was denied. The Computer just randomly added the DS5535 so of course they asked for it to be filled out they have too. But they also denied the it on the proper grounds.

I also find it funny they asked for your stuff as you are not even in the existing petition. So probably something they just said to get your husband out of the room. 

 

Your husband should not have showed up for the interview. Bad advice from the lawyer. Was it the lawyer who emailed Montreal or yourselves? 

It would have been much cleaner and now that the system flagged your husband with the DS5535 he will be stuck with the next visa you try to get.  You have two choices here, finish and send back the DS5535 and wait a year to deny it outright again. 2.  Start your investment visa and hope and pray they don't ask for the DS5535 again and wait another year after the interview or have to spend 5-7k to file a WOM to get you out of the hole. 


well you might find this funny too then. 
they added me an an accompanying applicant under the same petition today on the ceac portal. 

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Boiler Grand Master

Boiler   45,445

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At some point somebody with a brain cell will hopefully get involved.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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Just now, bobo123 said:


Quite frankly, we never did once we knew what situation we were in. 
 

Sounds like you’re making assumptions. 
 

 

It is unusual for people to go thus far for a benefit they do not qualify for.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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Just now, bobo123 said:


Well, we want this case to be over with asap so we can start doing what we need to. Trust me. I’m very confused to what is happening rn 

Sort of self inflicted, I would probably officially withdraw in writing and at some point hopefully they will just close the case.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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bobo123 Contributor

bobo123   3

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2 minutes ago, Boiler said:

Sort of self inflicted, I would probably officially withdraw in writing and at some point hopefully they will just close the case.

 

3 minutes ago, Boiler said:

Sort of self inflicted, I would probably officially withdraw in writing and at some point hopefully they will just close the case.

We did what the lawyer told us to do. 
why are you so bothered?

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