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Thread: I-130 Spouse Immigrant Visa denial. Need some help, please. At my wit's end

  1. #1
    I am a US Citizen married to a foreigner overseas. I have applied for the immigrant visa for my husband and got approved by the USCIS almost a yr ago. We went for our appointment to the US Embassy, after 8 months of waiting, and my husband was fingerprinted during the interview. However, my husband was denied a visa and they told me to come back to the US to establish domicile and send documents of proof until they can give him a visa. I did that and came back alone and sent all proof along with a prepaid express self addressed return envelope, as requested bt them. Yet, they never replied even though they did promise and I tracked my envelope and they recieved it almost 2 months ago Any suggestions on what to do? The weirdest thing is that I already have a joint sponsor who has given all proof of financial responsibility and I have given the sponsor general power of attorney, yet I was still required to go back to the US and show proof of my settling back to the US. I'm at my wit's end here. I have no idea why they did this to me.

    I'm thinking of writing to the ministry of foreign affairs. Do you think they'll help? What documents should I enclose with my letter? Please help. Any help is greatly appreciated. Thanks.

  2. #2

    yuo are not the only one in this situation.. it happens
    Maybe your next step should be calling / sending email to the embassy to see when they will review the papers.

  3. #3

  4. #4
    at "wit's" end? No, more like at 'half wits' end....let me married some guy from a very sandy country???? Are you sure you are ready to be treated worse than a lame camel?

  5. #5
    2 months is not a long time in the world of immigration, Dawn and believe me, 8 months for the initial interview was remarkably short. Have you contacted the Consulate since?

    I'm a little confused who you mean when you say "Ministry of Foreign Affairs". There's no such thing in the US and I wonder if you're talking about the ministry in your husband's country, in which case, it would absolutely not help. Complaining in the US to the USCIS, or even going to your State Senator/Representatives is unlikely to yield any results either. Since DHS took over, it's even more secretive than before.

    It would help if we knew what the reason was for the denial. Until we know, we'd merely be guessing.
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  6. #6
    In which Country you applied for IV.

  7. #7
    The reason for the denial was that I need to establish domicile in the US and show proof of it. I really don't know the reason for this since I already have a financial joint sponsor. How long will this take? The problem is that he was supposed to get the visa since the interview but the consulate decided not to. What is the reason for this new procedure of having to go back to the US in order for the visa. This is not for a k-3 visa, it's for an immigrant visa.
    Did anyone else married to a foreigner in a foreign country be told to return to the US during the interview? The weird thing is that I was required to be there during the interview, yet was then asked to go back to the US??
    The problem is that I cannot leave the US now or go see him until this is done with and he gets a visa.
    Does anyone know how long this process takes?
    Does anyone know of another way my husband can come to the US?

  8. #8
    Thank you, Aroha. I meant complaining to the USCIS. It took 8 months since the approval for the interview. In the immigration website, it states it only takes 2 months. As I've stated, the consulate only gave the reason for the denial was that I need to return to the US and establish domicile in order for my husband to be issued a visa. Also, the consulate is the one who stated that I will get a speedy reply from them, and that is why I was required to send a prepaid express envelope with my documents of proof. The consulate did not give me a way to contact him and the embassy never responds to my emails.

  9. #9
    There could be a few reasons why you were asked to do that, Dawn. It may have been that you weren't actually eligible to use Direct Consular Filing (if you did), or it could be that they felt your situation wasn't stable enough and even with the joint sponsor, there was a risk that he would become a public burden. In reality, you'll probably never know the exact reason why.

    I also think you've read it wrong where it says it takes 2 months, Dawn. If anything, that would only be for the approval of the I-130 which is not a visa and those timeframes are a guide, not a guarantee. Trust me when I say that 8 months to the interview is fast - I didn't get my green card for about 16 months after first applying and we'd been married for over 9 years!

    In everything immigration, it's a hurry up and wait situation. Even FOIA requests rarely yield results with those guys. My only real suggestion would be to contact your local representatives and/or Senator. Odds are that they'll find out little to nothing, but sometimes it just takes a little nudge to get the ball rolling again.
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  10. #10
    Good advice from Aroha. The squeaky wheel gets oiled first
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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