Hello everybody,

I'm new here and have a really burning question!!!

We've met online in 2004. Then i went to Morocco to meet him in August same year. Since there were some complications i couldn't file for Fiance Visa. So, I asked him to try for a tourist visa. It was denied, the interview was under 1 minute long and the officer had a paper 'sorry your visa was denied" in his hands ready!!!For some reason my now husband just shaved his head a month before that - i think that's why it was denied.
After that I was able to come back and we got married in 2005.
Now, my husband's interview was in February at the Casablanca. He recieved a form saying that it was returned to homeland sercuity for futher investigation (221(g)). After that nothing worked! I e-mailed, i called Casa and they all were saying the same thing. So, whoever interviewed my husband this February denied his K-3 visa saying that he lied on the toursit visa interview, that he's never met me before applying for it!

My question now is: he has an interview date and he doesn't believe he'll get a visa this time either. I kind of don't believe it too. But we have to try. So, is there anything i can do before the interview wich is next month to improve his chances of getting that visa? Like contacting somebody or something?I didn't have money for a lawyer before but i doubt now that would help.

Any advice?
Thanks in advance
T

I may not be able to answer any of your questions, but I would like to say welcome to you. You will find a fantastic support system here as well of lots of information. There are several going through Morocco and I'm sure they can help you. I am assuming your petition was approved again... is that why you have another interview date?

What is the new interview for? If it is the CR-1, it is my understanding that it will be automatically sent back as well.

I wish you the best.

Rebecca

I am confused??? you have been granted two interviews since Feb 2006? Interviews for the same thing K3?

The interview is for immigrant visa this time and last time it was for K-3 and they denied it.

Tanya

Then they must still have your petition I assume? Even though they said they are going to send it back?

Do you know that for a fact? Was that put in writing anywhere, or told to you? That's a serious, and out of the ordinary, excuse for 221 (g).

PS: the shaved head had nothing to do with it. He likely had very little chance of getting a tourist visa (insufficient ties to home etc)

Yes, i know that for a fact, he e-mailed me a scanned copy of the letter they gave him. THey didn't put that in the letter (that he lied, but they said it to his face). Now they got pushed by NVS from here since all my paperwork was ready and it's been a year since i've filed. I'm just afraid that they'd use that thing about him 'lying' against us and was trying to find out if there's anything i could do to make sure or at least try not to get the visa again. That would mean that we'd have to appeal and stuff and that's more time and money...... and you know. who wants to do that?

Thanks for reply

Ok.. they said it to his face.. but in the bureaucracy, if it isn't in writing.. it didn't happen. What exactly did the letter say was the reason the visa was denied.... Did it mention an INA citation. If so what was it?

Details details details...

If the reason for the denial is due to the fact that he is inadmissible due to a misrepresentation that he made in the past, he will be denied for the CR-1 visa as well since the inadmissibility has not been waived. I'm surprised that they did not inform you on the possibility of him getting a waiver of his inadmissibility. If he is denied again, ask to get it in writing and then request to be able to file a waiver...

This is the Morocco consulate. It is not surprising at all that they didn't give them an actual reason for the denial, nor give them a chance to refute it at the consular level, nor give them any other information. Sadly it's the norm there.

Firelion, welcome. There was someone else here a while back who had the same situation and it was automatically denied; unfortunately I don't remember who it was, hopefully they'll chime in.

While it is true that they didn't need to give the specific reason for the denial, they DO need to give the pertinent area of the law that gave them the means to do so. If they did not, then the OP needs to find out what it is.. if she is unsuccessful, she needs to find someone with more weight to find out what it is... if it takes a mandamus suit to find out, so be it...

GUIDELINES>>


POSTS SHOULD BE GEREROUS IN ALLOWING APPLICANTS EVERY OPPORTUNITY TO SUPPLEMENT THIER APPLICATIONS FOLLOWING A 221(g) REFUSAL


LAW>>>

8 C.F.R. 103.2((16)(i)&(ii)...

Which requires that derogatory information used to deny a petition, MUST BE DISCLOSEDTO THE PETITIONER, if it is not classified and if it is to be the basis of the adverse decision...


8 CFR 103.2((16) "Applications, petitions, and other documents" states,
(emphasis added):

16) Inspection of evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as provided in the following paragraphs.

(i) Derogatory information unknown to petitioner or applicant. If the decision will be adverse to the applicant or petitioner and is based on derogatory information considered by the Service and of which the applicant or petitioner is unaware, he/she shall be advised of this fact and offered an opportunity to rebut the information and present information in his/her own behalf before the decision is rendered, except as provided in paragraphs ((16)(ii), (iii), and (iv) of this section. Any explanation, rebuttal, or information presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding.

(ii) Determination of statutory eligibility. A determination of statutory eligibility shall be
based only on information contained in the record of proceeding which is disclosed to the applicant or petitioner, except as provided in paragraph ((16)(iv) of this section.

(iv) Classified information. An applicant or petitioner shall not be provided any information contained in the record or outside the record which is classified under Executive Order No. 12356 (47 FR 14874; April 6, 1982) as requiring protection from unauthorized disclosure in the interest of national security, unless the classifying authority has agreed in writing to such disclosure. Whenever he/she believes he/she can do so consistently with safeguarding both the information and its source, the regional commissioner should direct that the applicant or petitioner be given notice of the general nature of the information and an opportunity to offer opposing evidence. The regional commissioner's authorization to use such classified information shall be made a part of the record. A decision based in whole or in part on such classified information shall state that the information is material to the decision."