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CRY immigrant VISA to US had been denied , what to do ? What to expect ? How long it will take ?

Amelia, OH |

Hi all I had an interview today for immigrant VISA CRY , but unfortunately it had been denied , his reasons was that the marriage were for intent to immigrate ( 9 DAM 41 . 81 6 . 5 ) , the officer was so rude , he was interrupting me all the me , assuming the worst and just spit it on my face , that the marriage is a total fraud and sham . He mentioned : " So you want to convince me , that you've met your wife for one time ( the time we got married ) , and spent two years without seeing her , and you both got married the first time you met each other " My reply to him was : " I was a student ( PhD ) , and she was a student by that time , and she had financial problems since she is a student as well , and we were helping each other financially , by the time she started to work , we were at the end of our process "

Dear Mr. Andrew Marino Bramante I can assure you for 100% that my marriage is genuine, I know it will change nothing to proof it here, but according to what I've read in several blogs, if I applied for another I-130, it will be denied for sure, since the application will be marked as a fraud at the NVC once it's being rejected by the consular officer at the embassy, so I guess there are no point of reapplying, don't you agree? About appealing, I will appeal to the end of my life, since she is my wife, and she is everything to me and vice verse, unfortunately she can't live outside the US due to several reason that I prefer to keep it private :) Thank you all for your answers and replies

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Attorney answers 5


There are no CRY visas in the US. Do you perhaps mean a CR1? In any event, it is time to hire an experienced immigration attorney to sort it out.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Yes it's a CR1, but I didn't manage to find any option to edit it, I'm really sorry about that, bu't can't you answer any of our questions? I'm really lost here, I need an attorney for sure, but I want to understand my situation before I get involved in anything, since the officer was rude enough to not provide any understood-able information to me!!!


I agree with my colleague.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


If your marriage interview went bad and the officer accused you of fraud, you should immediately hire an attorney. If USCIS feels there is fraud in your relationship, then they can prohibit you from every getting a visa again. See INA 204(c). Fighting marriage fraud accusations is an art in itself and requires a lot of time with your lawyer. Often times the officer is wrong and has an incorrect perception of events. Be prepared and be open with your lawyer so that he/she can best prepare the response to CIS and preserve your family.


Have you received a written decision from the immigration office in Cincinnati? You should confer with an, immigration attorney as soon as possible. You have several options for proceeding, however, it is important that you do not accept a decision from CIS that the marriage was for the sole purpose of obtaining an immigration benefit. Such a decision left unchallenged may result in a permanent bar to lawful status in United States.


I agree with my colleagues that you should immediately hire an attorney. Assuming your marriage was valid and your interview was for an I-130, your attorney may advise you to refile a new I-130 Petition. Your attorney can guide you through all the things you should do to prove it was valid. Alternatively, he may advise you to appeal the decision. Either way, you will need someone with experience to help you.

You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.