How do I respond for the notice of intent to revoke letter for my wife's CR1A visa? 9 Answers as of January 24, 2012

Some American Consuls refuse tn review petitions for conditional residence, but refer them to USCIS and ask you to wait to hear from USCIS, a process that can take months. Little can be done to avoid this delay, but it would help to line up a lawyer in advance to deal with the situation when you hear from USDCIS. Also, collect more evidence proving it is a good marriage. .

I strongly recommend you use an attorney as this will be an uphill battle - they intend to deny your case based on what the consular officer determined. You need to convince them not to do this and send the case back for another interview. Another visit with your wife is definitely a good idea and lots of documentation of your ongoing contact, cell phone bills, emails, western union, pictures together during your visit there, documentation of any trips you take even if to the local museum.

The only way to answer your questions is to find out the exact reasons why the consular officer denied the case and to see what documents you have in support of the application. For that reason, we strongly recommend that you speak with a qualified immigration law attorney to review whatever evidence you have. US Consulates frequently deny bona fide marriage cases because the applicant failed to present sufficient documentation at the time of their interview. If you have good evidence of the bona fides of the marriage, these cases are usually reaffirmed and the aliens can obtain their immigrant visas.

I truly recommend you contact an attorney because it is difficult to provide any guidance without reading the documents and letters from the Embassy stating the reason for the denial. AT this point, the process can get a bit confusing and it is better to take informed steps before doing it on your own and complicating the case a bit more.

I strongly suggest you retain the service of an experienced immigration attorney to assist you in responding to the intent to revoke. This is very critical because you may not know exactly how torebutthe consulate'sassertionthat your marriage is not bona fide. We haverepresentedmany clients in this context with 100%success record so we know how and why the consulate and the CIS want to revoke the approved petition. You should hire the attorney now so the attorney can have more time to prepare the response.

How long the process will take depends on what kind of case your wife has. You should know however that once the USCIS issues the revocation letter things can get even more complicated rather fast. To preserve the possibility for legal relief, if any, regarding the CR1 , you both should seek the guidance of a competent attorney immediately.

If the U.S. Embassy doubts the validity of your marriage, they will send the case back to USCIS for further processing. Our office has successfully helped individuals through this process in the past. What you can do to challenge the conclusion, will depend upon the reasons given in the Notice of Intent to Revoke. USCIS is required to provide a detailed reason for seeking to revoke the approved petition. You will be provided an opportunity to challenge these conclusions and submit additional evidence. You will need to submit evidence that attacks the specific findings USCIS is relying upon to revoke the petition and should also submit any additional evidence you may have to support your claim that the marriage is bona fide. This can include evidence of travel for you to see your wife or to meet outside her native country (i.e. a vacation together to a third country), photographs of the two of you together, proof of correspondence (i.e. emails), proof of communication (i.e. call log records from your phone provider), affidavits from individuals who know you and/or attended your wedding, invoices related to your wedding, proof of your contact with politicians regarding the case, etc. There is no bright line rule as to what documents are sufficient so a lot of different documents that can be used. The bottom line is it is your burden to demonstrate the marriage is bona fide. You should also keep in mind to submit as much evidence from your entire relationship as possible from courtship to present day. Finally, the processing time varies depending upon how promptly you respond to the Notice of Intent to Revoke and the response you provide. It may be in you and your wife's best interest to retain an attorney to help you with the response to the Notice of Intent to Revoke.

Usually the intent to revoke letter provides you an opportunity to respond and you should respond. You should get an attorney as soon as possible before you cause the case damage.

You need to address the concerns outlined in the Notice of Intent to Revoke. Nobody can tell you what those are without seeing the notice. You should consult with an immigration attorney as more information is needed for an assessment of your case.