After 22(g) K3 denied
Today the senator wrote back for me the following message :
Mrs. XXXXX:
I wanted to touch base with you and let you know that I have received your privacy release both visa email and through the mail. I will be happy to write a letter to the U.S. Embassy in Jordan on behalf of yourself and your husband to see why he was recently denied his K3 visa. I can try my best to request that they reconsider, however they do usually respond to that request even if its coming from a congressional office.


I will let you know when I receive a response from the U.S. Consulate General. Thank you, and have a blessed day!
do you think that will help me

Good luck, hope you can get it turned around.

jJ

thanx

Have you consulted an attorney as well? Congressional reps don't usually get results for a denied visa, you need to launch appeals for that.

i have sent them the following to the embassy(they asked me to send any further inormation that i wish the officer to review) also:
1) the letters that my wife sent for me my brothers.
2) the SMS messages that we were exchanged.
3)the call records that i have done for her.
4)some wedding pictures.

Is this all the evidence you presented at your visa interview? I'm sorry, but if it is, its a bit on weak side. For a K3, at the visa interview, you're proving that you are in an ongoing "marriage" relationship with your US citizen spouse. What you show on this list is just evidence that you had a wedding, and you communicate via phone, SMS and letters. This may have been sufficient for a fiancee visa (though even for that some consulates will require more proof) but it does not sound like it was sufficient to prove an existing and ongoing marriage.

Hope your senator can get some answers for you. Please take the advice of another VJ member who suggested you seek the advice of a lawyer. You may need it.

Good luck,
-P

i sent all the call records and SMS messages since the day they asked me for additional information

I would highly recommend sending financial information that speaks of a marital relationship, such as shared bank accounts, credit cards, name on an apartment lease or home title or your US spouse adding your name as a beneficiary on her will or assets. These are legal ties that also speak to an ongoing marital relationship.
I know that it's difficult to get joint bank accounts or credit cards when one spouse is out of the country, but there are some things that the USC can do without the alien spouse present.

how is this joint account at bank established? i have tried my bank here and he tried his bank there....no luck, his name is on two of my credit cards also but only as a authorized user this was even before marriage that didnt hold him responsible for any of the debt, my insurances and beneficiares are changed...what else can be done? others might learn from hearing these options also

Insurance and beneficiaries were a good idea. . .just showing both names on those can help. With banks, if you want him to be a part of that I think most of the time they want the second person present to sign a card for your bank file. . .they may allow a notarized signature on the bank's specifically required forms.

If you have children birth certs are helpful. ANY mail that is addressed to both of you including old invitations, etc can also be helpful. They sometimes will also allow older pieces of mail sent between the two of you with postmarks, etc.

I also found that the USC spouse showing up for the interview or writing the consulate, basically showing GREAT personal interest in the case has gone a long way. My interviewer didn't even look at our pictures or proof of my travel because I was at the interview. I offered and he declined, said he didn't need to see it.

I imagine for most traditional banks, you'd have to both be there in person. But how about ING?
My husband was able to visit, which was a blessing during this journey, and I added him to my bank account together the day before we got married.

I had my husbands name on my bank before our interview. They didn't look at anything. This just ticks me off. It was difficult to say the least to get him onto my bank account and to me this proves nothing! If this is proof then anyone can do it if they can get their bank to agree.

Sorry, still bitter about the denial even though we finally won. It might take years to get over my anger about this.

Have you looked in the MENA forum under the pinned topic about denials?

Best of luck to you.

Maybe it will be like our case where they just simply needed more time to look over our file. We also received a 221(g) the day of our interview. We waited for a week and a half to hear back from them as to whether we were approved or not. But yeah, in the meantime, send ANY evidence you have... we sent ANYTHING we could possibly THINK of, and I do believe it helped. GOOD LUCK!

Jennifer

your advice is not valid.

they cant appeal unless USCIS revokes the petition.

chi

there are two 221g letters

1. visa approved--pending security/name checks---adm processing

2. visa denied--case is RETURNED to USCIS for revocation.

sounds like yours was the first one?

one hearts received the second one.

chi

All I advised is that he get an attorney and that the Senator cannot change the status of his visa if it was already denied. If you are correct and his petition is getting revoked he will need an attorney.

I opened a In Trust For [ITF] account for my then K3 wife in the Philippines at a bank here in Hawaii. Life insurance policy and had trust fund for her and her daughter. No problem at embassy interview,
PS LOTS of photos and communication also plus multiple trips to see her.

you wrote>>Congressional reps don't usually get results for a denied visa/ Senator cannot change the status of his visa

what results are you referring to? results are not needed. a reason for return is needed. a senator can get the reason for return. status is already known=case returned to USCIS.



you wrote>>you need to launch appeals for that

i nver said the case IS getting revoked. i said IF.

not all people need attorneys for denied cases. i didnt. my husband is now here. i was advsising per my experience.

chi

i added my husband to my medical and dental. he couldnt use it until he arrived here but i wanted more proof of our validity. i couldnt add him to my credit union account until he received a soc number. i also applied for a tax id so i could file as married for IRS.

chi

We never used an attorney either, and we won the Notice of Intent to Revoke. It really depends on the complexity of your case. I have found in most denials the cases are simple, the consulates are just not convinced, and if the relationship isn't real it won't make it through the process.

One note however, if the petitioner isn't very skilled with forms, letters, and conveying their message it could perhaps be best to get a lawyer. Some people just aren't able to understand the process, and in that case it isn't wise to do it yourself.

i agree completely. most denials are easy to overcome. but if one feels the need for an attorney by all means get one. be sure to hire one who has experience with denied cases. i found many immigration attorneys have never dealt with a denied case before.

chi

Chiquita, you are the one who saw here

http://www.visajourney.com/forums/index.ph...=106746&hl=

what kind of case he has. There are complexities and IF the case is valid it is probably going to be difficult to prove. In addition, he obviously doesn't, from his many threads/posts know what to send in to prove validity AND also based on his many threads there is a chance it's not actually valid in the first place.

He knows WHY it was sent back.

Checking with an attorney is never invalid advice.

Someone who wants to pretend that after they won one case--their own--they have all the answers for someone whose life is in the balance??? That is not valid.

Why did they deny? What the heck happened?

I don't know how you were allowed to do that since most insurer's won't add beneficiaries that are out of the coverage area. But I agree on your point that most banks will not give accounts to people without a valid SSN.

One sure proof way of proofing that it is a bonafide marriage is having a child together.

My husband was on my medical, dental, and vision, as well as my bank account. The bank was tough, but they accepted the tax id from the IRS until he got here and got his SS#. The benefits were easy, and they even covered services on an "out of network" basis.

As for having a child....not always. I know of couples that have been denied regardless of the fact they have a child together. Your SO is from Canada, much easier than an MENA man.

READ kiyah's guidelines. Insha-Allah you can get this turned around.

Tammy