CR1 Visa Denied at US Embassy

[El-Andalusi 7]

So, where do I start. We got married in July 2010, civil and religious ceremony in Algeria. We did everything right, provided all Affidavits, USCIS approved us within 5 months, with no questions ever asked. NVC had us an appointment scheduled at the Embassy within 2 months, and they never questioned anything we ever submitted nor were we ever missing any documents.

We both love each other unconditionally (otherwise who would go through this), I am Algerian by origin and speak the same language(s) as my husband, we were born in the same year.

Today, however, my husband goes to the Embassy for his interview. It was scheduled at 1.30 pm. They met with him at 3.45. pm. He said people were going in before him the whole time who had arrived after him. Then finally, he gets this female consular officer who asks him regular questions about our marriage, reviews pictures (makes comments on how beautiful they were), all within 10 minutes. Everytime my husband answered her questions about our marriage, she would make faces (of denial) and roll her eyes, cut him short, and at one point got interrupted by a co-worker while my husband was answering her questions. Totally throwing him off, demoralizing him, and never made eye contact with him, to acknowledge he is being heard. Traumatizing experience!

She started then talking about his student VISA that got denied way before we got married, which as everyone knows is a whole seperate category, namley, non-immigrant. Now, he goes in for an immigrant spousal visa interview and she talks about his past VISA. She asked why he didn't tell them back then when he filled out the Student VISA applicaiton that he was my fiance. Well, he replied that it wasn't official at that time that we were enganged. She then said ''this is a bizzarre case.'' He had notarized Sworn Affidavits from 6 people, she didn't even care to look at them when he mentioned them, she didn't even ask how we stay in touch and whether he had any proof. He took in with him about 200 pages of phone bills showing my outgoing calls to him, and his incoming calls, all highlighted and neatly organized. And and and, all the UPS back and forth had cost us a fortune, but anyway we didn't see a price. We were and are ready to do whatever it takes to fight their misjudgement.

The Refusal Letter reads:(under section 221 (g) "You will undergo a fraud review to ensure that your petition is not solely for immigration purposes. You will be contacted within 30 to 45 days with the status of your case.''

OF COURSE WE ARE LEGITIMATE, they can search, investigate, analyze, all they want, they will never find a fraud, nor any reasons that this is for immigration purposes only. NEVER!!! But the are doing it on the cost of our time and energy. I have not seen my husband for 10 months, that suffering is a whole seperate issue.

Someone please help, I feel lost, we feel angry, traumatized, in a nervous-system-collapse kind of state. My questions (to the best of my ability to still think straight right now):

1) Will the case stay at the Embassy? Or will it be sent back to the US? If so, where will they send it to, USCIS, or my local Immigration Office?

1.1) Does this mean Administrative Processing? Or is the ''fraud review'' an alleged accusation for security clearance?

2) I want to call them, what should I be asking? (Besides what their problem is)

3) I want to fight the case while it is at the Embassy, what should I do (I just called my congressman and they gave me instructions)??? I want to do more, to SAVE time, and money!!!!

4) Can I request an interview myself at the Embassy, to go in personally and offer to be interviewed? How should I address it so they allow me to come in?

I would appreciate any help, any advise, and human touch right now!!!!

God Bless All who are suffering right now.

[Golden Gate 530]

Sorry to hear what is happening to you. I don't really have advice, but remember God is with you!!

[Done--Really 331]

Fraud review cases are not frivolous, so there have to be some red flags in your documents, his immigration records, or his conversation at the embassy--put yourself in the shoes of the officer and see what smells fishy--then see what you can do to provide documents or explanations that you will have to provide to get through this.

[trojam227 18]

Why did his student visa get denied?

[sachinky 465]

Sounds like the Fraud Prevention Unit will step in and do their job. They are very good at what they do.

The case will stay with the Embassy. You can request your Senator or Congressman to contact the Embassy on your behalf.

[Dave and Kinnari 31]

Why did his student visa get denied?

I wonder that as well.

[Marina and Wayne 2]

Tout d'abord, pas de panique!

Vous devez vous mobilizes et reagire vite. Si votre relation est sinsaire, montrez-le.

En basent sur notre experience avec l'ambassade US en Algerie, je vous conseille de reagir rapidement et de leur envoyer par e-mail tout les preuves que vous pouvez leur donnez pour fournir les preuves de votre relation. Les lettres, les copies des billets de voyage, des visa, des photos, les check de payements, les list des appels, tout, tout, jusqu'a derniere petite preuve. Ecrivez les lettres explicant en details comment se construisais votre relation. Demandez vos parents, amies et les gens, qui sont capables de confirmer votre relation, d'ecrire les lettres de soutients. Qu'ils ecrivent comment ils le sentent, que de vrais temoignages.

L'aide de senateur etais tres precieuse pour nous.

Pensais d'aider aux service consulaire dans leur travail, soyez positive et proposez tout votre participation et ouveture.

Les appels ne pas fonctionnez dans notre cas, ni les demandes de r.v.

Apres trois semaines d'effort nous avons eu notre visa et nous sommes ensemble et tres heureux.

Bonne chanche!

[TBoneTX 45,498]

Tout d'abord, pas de panique! [...]

It's a rule of VJ (and also common courtesy) to write in English in the non-Regional forums. Can you provide a translation, please? Edited May 25, 2011 by TBoneTX

[Mrs O. 29]

Well, review is not an outright denial. If you are being denied you will be given REASON(s) for denial. You can call or write stating strongly that your relationship is not solely for immigration purpose and that you are willing to provide any further information to support that claim during the 'review process'.

[rodceasar 34]

Sorry to hear about your experience! Indeed, this process is time consuming and costly plus it's difficult to be without your significant other in a process that's challenging to understand and not be able to determine the end result. It sounds as if the denial is based primarily on the fact that he applied for a student visa (I suppose to the US)and the CO sees that their was an engagement at the time. They are probably thinking that he is doing everything possible just to come to the US and not be in a bonafide relationship. with any red flags, this is typical.

I have read other psots with similiar experiences and they were able to overcome this challenge. Keep doing everything you need including contact w/ your senator and am sure things will work out fine. This is going to cuase a delay for you both being together but I am sure it is worth it!!!! Good luck...

[Harsh_77 718]

Tout d'abord, pas de panique!

Vous devez vous mobilizes et reagire vite. Si votre relation est sinsaire, montrez-le.

En basent sur notre experience avec l'ambassade US en Algerie, je vous conseille de reagir rapidement et de leur envoyer par e-mail tout les preuves que vous pouvez leur donnez pour fournir les preuves de votre relation. Les lettres, les copies des billets de voyage, des visa, des photos, les check de payements, les list des appels, tout, tout, jusqu'a derniere petite preuve. Ecrivez les lettres explicant en details comment se construisais votre relation. Demandez vos parents, amies et les gens, qui sont capables de confirmer votre relation, d'ecrire les lettres de soutients. Qu'ils ecrivent comment ils le sentent, que de vrais temoignages.

L'aide de senateur etais tres precieuse pour nous.

Pensais d'aider aux service consulaire dans leur travail, soyez positive et proposez tout votre participation et ouveture.

Les appels ne pas fonctionnez dans notre cas, ni les demandes de r.v.

Apres trois semaines d'effort nous avons eu notre visa et nous sommes ensemble et tres heureux.

Bonne chanche!

English Please..........

[Harsh_77 718]

Its not a denial at this point, all she said was there was some additional investigation required.

There is something in the application that Co did not like, did you mention about his previous F1 getting rejected in your application?

From what you have mentioned in the post it seems CO feels that since his previous attempt to enter US on F1 failed he is trying the marriage route to enter US.

If everything is legit and correctly mentioned on all the forms then there is nothing to be worried about.

[pushbrk 12,969]

The case will stay in Algeria during this period of administrative processing. AP is just a catch-all term that can be used to describe anything they do between the interview and visa issue. Best to keep your indignation and accusations to yourself or here on VJ. Consular Officers do not respond favorably to such behavior.

[souleymon 27]

The student Visa is diff from the Spouse Visa.I am in the same show,though i am yet to submit my application.

Fight this by calling the embassy to know why he was refused.state category that u werent responsible for his intention to study(which isnt a red flag anyway).u are only interested in seeing ur man move up to u in the states.

Dont b scared,though its devastating.More energy should come from u now,cos this is d period one gets weak most.

Insha Allah,u will + response

[pushbrk 12,969]

The student Visa is diff from the Spouse Visa.I am in the same show,though i am yet to submit my application.

Fight this by calling the embassy to know why he was refused.state category that u werent responsible for his intention to study(which isnt a red flag anyway).u are only interested in seeing ur man move up to u in the states.

Dont b scared,though its devastating.More energy should come from u now,cos this is d period one gets weak most.

Insha Allah,u will + response

Just to be clear, a fraud investigation is primarily focused on the intentions of the foreigner, not the intentions of the US Citizen petitioner. Some fraud is mutual but most is not. Clearly one of their concerns is that he applied for a student visa while in a relationship with a US Citizen. Many pertinent facts are missing from the initial post, which may or may not shed light on the problem.

They are the same age, but how old? (This pertains to whether they are of "student" age.)

They have at least been acquainted since before the student visa was applied for. For how long and how serious was the relationship? The OP says the engagement wasn't "official" but just what WAS the relationship status when the student visa was applied for? Evasive answers raise suspicion.

How did the couple meet and how did their relationship develop?

Does the foreigner have family in the USA already?

If everything is on the up and up, the visa will probably eventually be approved, but it sounds like they are investigating to rule out first, whether the student visa application was an attempt to circumvent immigration law. If it was, that's a problem. We don't have the facts but the OP does.