New questions in light of refusal

FWChelle

Registered Users (C)
In continuation to my post below, I have a couple new questions in light of my husband's recent refusal...

As I mentioned, we had started the process last year, and at that time we filed under Conjugal class. In the meantime, we have got married, bought a house, combined other affairs (all while his application was still processing), and before we could inform them of our change of status, we received a notice that his application was refused. We are now going to try to get a reconsideration based on new information/status, and if that fails, we will start from scratch and refile as Spousal.

My new concerns are:

What are the chances of getting our original documents back from Buffalo. Namely my husband's FBI clearance, fingerprints, photographs, medical?

If we end up reapplying, does that application start 'fresh', or does the designated Immigration Officer see all the details of our past application? I know we have to say somewhere on there that he has applied prior, but will that new officer know he was previously refused? The reason I ask is the ONLY reason his application was refused was that particular officer didn't feel like believing our relationship was genuine. We met all other criteria. Can/will the next officer who handles our new application be influenced by another officer's prior decision?

And, most importantly - now that he's been refused, what impact (if any) will that have on him visiting here now? He's set to come back on July 14th for the closing of our house on the 15th, and he NEEDS to be here to sign all the documents at the lawyer's office, etc. I'm having nightmarish thoughts of him being detained at the airport and/or turned around and denied entry.

As always, any information/advice would be greatly appreciated.
 
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Hi

FWChelle said:
In continuation to my post below, I have a couple new questions in light of my husband's recent refusal...

As I mentioned, we had started the process last year, and at that time we filed under Conjugal class. In the meantime, we have got married, bought a house, combined other affairs (all while his application was still processing), and before we could inform them of our change of status, we received a notice that his application was refused. We are now going to try to get a reconsideration based on new information/status, and if that fails, we will start from scratch and refile as Spousal.

My new concerns are:

What are the chances of getting our original documents back from Buffalo. Namely my husband's FBI clearance, fingerprints, photographs, medical?

If we end up reapplying, does that application start 'fresh', or does the designated Immigration Officer see all the details of our past application? I know we have to say somewhere on there that he has applied prior, but will that new officer know he was previously refused? The reason I ask is the ONLY reason his application was refused was that particular officer didn't feel like believing our relationship was genuine. We met all other criteria. Can/will the next officer who handles our new application be influenced by another officer's prior decision?

And, most importantly - now that he's been refused, what impact (if any) will that have on him visiting here now? He's set to come back on July 14th for the closing of our house on the 15th, and he NEEDS to be here to sign all the documents at the lawyer's office, etc. I'm having nightmarish thoughts of him being detained at the airport and/or turned around and denied entry.

As always, any information/advice would be greatly appreciated.

1. you won't get any of the above mentioned items back from Buffalo, personal items yes, the others no.
2. Completely new application with fees, meds, fingerprints.
3. The new application will be looked at closely by the next officer to see if the marriage is just for immigration purposes in consideration of the refusal.
4. If he is asked, he must admit that he was refused an immigrant visa. The will confirm the refusal and the reason.

PMM
 
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