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Immigrant visa denied for US Citizen's spouse

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Pleasant

Guest
My brother is married to US Citizen, they got married last November in London (where my brother is studying).
His wife file I-130 got approved and my brother was interviewed at US Embassy in London. The Consolate denied his visa saying that they are not convinced it is real marriage. My brother showed all correspondence, wedding pictures, cards, letters, etc. Still they were not convinced and asked him to sjow phone bills, he explained that he has always used Public Call Offices (PCOs) as they are most affordable. Anyway, they asked for a notorized letter from his wife explaining the marriage (which he showed), nonetheless they denied the application under 221(g) clause of INS act.
The letter they gave to my brother has a note saying " return to INS for possible revokation.."
My question is what can his wife do now to help her bring her husband to US? What does the law say?

Thank you very much for your advice.
 


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usdeeper

Guest
Now you get an immigration attorney and also write to your congressperson..

How long have they spent together prior to marriage and since ?
 
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Pleasant

Guest
They were introduced in August of 1999 through my wife. They have been communicating via phone and emails, the phone calls were mostly from London to US (as my brother used Public Call Offices for not having home phone). In November my brother's wife and her mother and I went to London and had a simple wedding there. We all stayed there for a week or so and came back to US. My brother and his wife have not been together since then (November 1999).
One of the concern that councelor showed while interviewing my brother was that how come a christian (his wife) mary a Muslim (my brother).
 
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usdeeper

Guest
Oh, so they never met prior to the wedding week.. Ie, no holidays or time spent prior to deciding to marry. and no time since.. I am afriad that is their problem..

I have no idea what they can do.. either see an immigration attorney or have her spend some time in the UK and then re-apply.
 
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Pleasant

Guest
Yes, that is right, they never met in personbefore the wedding. They did have tons of card/pictures/letter/phone calls etc. This is the cultural way our weddings are they are mostly arranged by elders.
Anyway, on your advice I hired an immigration attorney to represent my sister-in-law in this case, and he is going through the details of this whole case, here are few things that he mentioned. I just wanted to get your expert opinion on this as well:
1: He thinks that London consulate should have given some reason for denial and how the missing requirements can be met.
2: London should have also informed my sister-in-law about this in writing.
3: London does not have authority to revoke an INS approved petition.

He is planning to write to London to provide the explanation for denial or something like this.

All I care is for my brother to be with his wife, the wedding is real, of course they have not lived together much as for that to happen he needs to be in US.

Please advise me what your thoughts are and what is the best way to handle this situation?

Thanks
 
U

usdeeper

Guest
1. Agree
2. Disagree. Your brother was denied the visa, not his wife. The question is, was he denied to his face or via letter ? If the letter gave no information then that is wrong and you can request that detail.
3. Disagree. The wife petitioned to bring a spouse over. With the information they had, the INS in the US approved the next step. That is to interview or gather information from the non USC. At this point, authority for the visa is passed to the UK embassy. They have absolute right at this point and then ask details for your brother. Depending on the outcome of the information he supplies and/or the interview, they have every right to deny the application.

You have to remember that the people in the UK embassy are just an extention of the INS in the US.

The key is to get the reason and what can be done.. I am 99% sure the reason will be because of a lack of proof of a relationship which is common. They will either have to somehow provide more proof or convience them that this is a culture thing etc..

Good luck..
 
P

pleasant

Guest
As you said the reason is more likely lack of proof of relationship.
Now, that he has be denied what could be done, knowing that London said they will return the case to INS for possible revokation.
What are the steps going forward to resolve this case, I don't think London is willing to take more evidence (phone bills, etc from this point on). My sister-in-law is flying to London next week. Just so that I know and they can prepare for future processing.
Thanks again
 
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Pleasant

Guest
Can you recommend an immigration attorney who has dealt with such case and has relevant experience. My current attorney does not have any experience with returned of I-130 from embassies?

Thanks.
 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Pleasant:
Can you recommend an immigration attorney who has dealt with such case and has relevant experience. My current attorney does not have any experience with returned of I-130 from embassies?

Thanks.
<HR></BLOCKQUOTE>

Try finding an attorney via the main freeadvice webpages... I have none I can recommend unfortunately.
 

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