Immigration Issues/Visa Denial
My friend's fiancee want to an interview with the US consulate and her visa was refused. She received a letter with the following content: "CONSULAR OFFICERS APPLY A'REASONABLE PERSON STANDARD'WHEN EVALUATING THE BONA FIDES OF CLAIMED SPOUSAL AND FIANE RELATIONSHIP(9 FAM 42.43 N2.2(3)). IN THE PRESENT CASE, BENEFICIARY AND PETITIONER HAVE DIFFERING STORIES REGARDING HOW AND WHEN THEY MET AND THE GENERAL TIMELINE OF THEIR RELATIONSHIP. THESE FACTS AS ASCERTAINED BY CONSULAR OFFICERS WOULD CONVINCE A IMMIGRATION LAWS. THEREFORE, PURSUANT TO 9 FAM 41.81 N6.5, THE REVIEWING OFFICERS HAS DECIDED THAT THE PETITION SHOULD BE RETURNED TO THE US CITIZENSHIP AND IMMIGRATION SERVICES(USCIS) WITH THE RECOMMENDATION THAT IT BE REVOKED.THE CASE WILL NEXT BE REVIEWED BY THE IMMIGRANT VISA CHIEF AND WILL BE RETURN TO USCIS FOR REVIEW AND POSSIBLEREVOCATION UPONHIS WHO WILL HAVE AN OPPORTUNITY TO REBUT CONSULAR FINDINGS CONCERNING THIS CASE. IF USCIS REVOKES THE PETITION, BENEFICIARY WILL BECOME INELIGIBLE FOR A VISA UNDER 212(A)(6)(C)(1) OF THE ACT." My friend went and saw some lawyers. They told him to go to the US consulate of his fiancee's country to have the petition or visa application cancelled and then refile the petition or reapply for the visa. How do you think about it? Before, you told me to ask him to wait. Do you handle this case? If yes, how can my friend contact you? My friend is in California.
Thank you for your assistance.
Cancelling the case does not remove it from the computers. After refiling and receiving an interview on the new case, the computer will show the officer the history and they will have the same problem. The wait is about 2-3 years for USCIS to review it. He can contact me once he gets a letter from USCIS asking for evidence rebutting the findings. In the meantime, he should visit her and keep gathering evidence.