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

[dawnoffawn]

Hello,
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.

[aneri]

dawnoffawn,

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.

[federale86]

What was the reason for the denial?

[Someone12]

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

[Aroha]

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.

[Tak]

In which Country you applied for IV.

[dawnoffawn]

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?

[dawnoffawn]

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.

[Aroha]

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.

[Brit4064]

Good advice from Aroha. The squeaky wheel gets oiled first

[dawnoffawn]

Thank you, Aroha.
Yes, I know that it takes 16 months for the green card. The visa should be much faster. That is why I applied for a visa. It will be 14 months since the application, and yet no progress. The process takes 3 steps and the interview should have been the third step. He should have been issued a visa during the interview. We did everything right, took all the background checks and more in case, yet the consulate decided not to issue him a visa.
I did not use direct consular filing.

[Aroha]

What exactly are you applying for? An immigrant visa? K-3? If it's the first, then it results in a green card. He would get that as soon as he gets through secondary inspection upon landing in the US. If it's K-3, well, they're currently processing around the same time as IR/CR-1.

As for the DCF thing, I assumed you may have because of the short time frame and the fact it sounded like you were living in his country with no established residence in the US. That residence is needed for immigration.

[dawnoffawn]

Thx Aroha,
I only applied for an immigrant visa. It's been 14 months, so it's taking as long as a green card, if not longer. The reason I did not apply for a green card procedure for him was because of the length of time. But, this is taking longer than a normal green card would take. I already had a sponsor whom I've given power of attorney to apply for me in the US, so the application was basically in the US. The stated that this is only for visa procedures. Immigration has to be done after he gets a visa. We previously applied for the k-3 but they have refused it and told us to apply for an immigrant visa. The USCIC approved, it's the consulate who did not approve even though we've given all the facts and documents and background checks. There basically was no reason. Also, he was supposed to get a visa during the interview because it was the last step. However, the consulate decided to apologize and refuse, stating I have to go back in order for my spouse to recieve a visa. He also ensured a speedy reply once I do send the documents and requested me to send a prepaid return express envelope, which I did. However, I did not recieve any reply and the USCIS has no proof that they recieved my documents even though I tracked it and it was signed and recieved. I don't know what's going on. At least, they could reply and inform me, but no...and they don't respond to emails or inquiries

[Aroha]

OK. Here's the thing. An immigrant visa IS a green card, for all intents and purposes. Of course, what he gets in his passport initially is just an IV, but as soon as he hits the US and goes through secondary inspection, he will be a legal resident and his green card will go in to production. Been through all this myself, so I know all too well. LOL.

What you had approved at the USCIS was probably the I-130, which is not a visa nor does it promise a visa - it simply proves that a relationship exists between sponsor and beneficiary. The application then moves to the NVC, who pretty much just collect fees and paperwork, run their background checks and so long as nothing is red-flagged, they send it on to the Consulate. Other than the I-130, nothing gets approved until after the interview.

You were living outside of the US at the initial time of filing right? It probably would've been better to have used DCF and you *may* have avoided some of these issues, but it does sound to me that perhaps they didn't consider your situation stable enough, with no US address, job etc. The joint sponsor is just that. Your circumstances play a huge part too. It's just a guess though. There's often no rhyme or reason to the way the USCIS works and no transparency in the system.

Once again, the only advice I can give I already have - contact your local State Reps and/or Senator.

[dawnoffawn]

Thank you, Aroha. I gues that is what is happening It's really depressing