So he had his interview today and the guy asked him a bunch of questions, he answered them, then he asked for evidence he showed it to them, then the guy, who my fiance said was not a very nice guy, said there was not enough evidence and that his visa was denied.
Aren't they supposed to give you a chance to bring more evidence if that's the case? I'm so confused right now. I called the Embassy and they said there was nothing we could do once it was denied.
What are your thoughts? Should I just get married down there and start the K-3 or is it worth it to start the K-1 all over again?
Full Version: VISA DENIED OUTRIGHT???????
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion
My initial reaction (based on experience with an Asian consulate only) is that Consulates have some discretionary powers and despite what you were told, I'd make an all-out effort to do something at the Consular level immediately in hopes of rescuing the K-1. The two things that come immediately to mind are submitting more evidence (perhaps by fax or FedEx), and calling my Senators and Representative.
Would you give a little more info? What did you submit as Evidence of your Relationship?
I think each one of us knows as we move through this process whether our case has any weaknesses or things a govt official might perceive as a red flag. Do you have any of these, and if so, what did you do to strengthen your case? Could it be any stronger?
I would also call my Senators and Representative immediately and ask to speak with their immigration liaison right away and explain the situation.
As I said before, I'd try to save the K-1, even though they told you there is nothing you can do. I don't believe that's true. I know I've read stories here on VJ where someone pulled an apparently failed interview out of the fire before by acting quickly and with additional evidence.
Good luck....
Maya
Would you give a little more info? What did you submit as Evidence of your Relationship?
I think each one of us knows as we move through this process whether our case has any weaknesses or things a govt official might perceive as a red flag. Do you have any of these, and if so, what did you do to strengthen your case? Could it be any stronger?
I would also call my Senators and Representative immediately and ask to speak with their immigration liaison right away and explain the situation.
As I said before, I'd try to save the K-1, even though they told you there is nothing you can do. I don't believe that's true. I know I've read stories here on VJ where someone pulled an apparently failed interview out of the fire before by acting quickly and with additional evidence.
Good luck....
Maya
I would think the assumption is that if he had more evidence to bring, he would have had it with him. This was not a case of not being allowed to present the evidence that he had with him, rather a case of inadequate evidence. Other than legal issues, this is the exact thing they are looking for at the interview and they expect you to bring what you have with you. Is there more that he could have brought? If there is, then he was expected to have it and the assumption is that he already brought his best evidence.
QUOTE
If there is, then he was expected to have it and the assumption is that he already brought his best evidence.
I can't agree more especially with the illegal immigrant issues at hand in the USA I am sure they are being very picky... Eventhough I lived with my fiance for a year and had a lease and multiple bills ... I still submitted everything and anything that I have.. I did not leave any evidence out.. if they want to know if I knew her and had a relationship they can have it..
So sorry to hear this........this must be the day for bad news. I can tell you right now that representatives and senators can do nothing for you. I just spoke with my senators office this morning and they were as rude as the embassy themselves. They told me that they had no power to do anything as far as the visa was concerned, all they could do was make inquires as to where the case was.
WE havent been denied yet, but the same as, our file was sent back to the USCIS and in our case we had four years of proof but they were not interested in seeing any of it. Some like to think its our fault that we didnt give enough proof.. but the cold hard fact is, if they decide in their mind its a fraud then they could care less about how much proof you have.
I wish you much luck in your process, Im sure by now you are in same awed state that we are , and left wondering how on earth the embassys can treat us in such a way and no one in power seems interested in helping us. I guess they have the same sentiment as my senators office had , which is "there is nothing in the constititution that gives you a right to bring a foreign fiance to America."
vicki/bala
WE havent been denied yet, but the same as, our file was sent back to the USCIS and in our case we had four years of proof but they were not interested in seeing any of it. Some like to think its our fault that we didnt give enough proof.. but the cold hard fact is, if they decide in their mind its a fraud then they could care less about how much proof you have.
I wish you much luck in your process, Im sure by now you are in same awed state that we are , and left wondering how on earth the embassys can treat us in such a way and no one in power seems interested in helping us. I guess they have the same sentiment as my senators office had , which is "there is nothing in the constititution that gives you a right to bring a foreign fiance to America."
vicki/bala
Aren't they required to give you a reason for the denial as well as explain any options to you? I know in Ciudad Juarez, for example - I know this is not your case - if your visa is denied and you are eligible for a waiver, they are required to explain both the reason and immigration law code for the denial as well as instruct you to how to file the waiver. I cannot imagine that they can simply say "denied" without providing you with any other information.
I hope everything works out.
:-(
:-(
QUOTE(vicki/bala @ Jul 14 2006, 02:38 PM) 
So sorry to hear this........this must be the day for bad news. I can tell you right now that representatives and senators can do nothing for you. I just spoke with my senators office this morning and they were as rude as the embassy themselves. They told me that they had no power to do anything as far as the visa was concerned, all they could do was make inquires as to where the case was.
WE havent been denied yet, but the same as, our file was sent back to the USCIS and in our case we had four years of proof but they were not interested in seeing any of it. Some like to think its our fault that we didnt give enough proof.. but the cold hard fact is, if they decide in their mind its a fraud then they could care less about how much proof you have.
I wish you much luck in your process, Im sure by now you are in same awed state that we are , and left wondering how on earth the embassys can treat us in such a way and no one in power seems interested in helping us. I guess they have the same sentiment as my senators office had , which is "there is nothing in the constititution that gives you a right to bring a foreign fiance to America."
vicki/bala
vicki,
As difficult as it is to find reason in all of this, congresspeople are impotent in affecting any decision, but they can, on behalf of their constituents, make enquiries as to progress. If you think about it, would you really want congressional individuals deciding matters that relate to immigration? I know, in my region, I certainly wouldn't!
Maybe someone will have a link to one of the older threads where the USC was able, by immediate action, to save the K-1 from denial. The one that sticks in the back of my head was a male USC, eastern European or Russian fiancee, and I believe she was issued a denial at the interview, but he persisted and they got the visa. Does anyone remember?
I can say, having read a lot here at VJ over the past 1.5 years, that there appears to be TREMENDOUS variation in the attitude and behaviour of CO's, other DOS staff, USCIS staff, elected officials, etc... involved in this process. Tremendous. And just because one approach didn't work for one person doesn't mean it won't work for another. Every case is different, every consulate is different, every CO is different, every interpretation is (seemingly) different. Why not at least try?
It makes me sad to see someone discourage another from doing everything in their power to kick up a little fuss at this crucial juncture. Sure, it may not do one lick of good. But if this was YOUR fiance, wouldn't you try anything and everything???
Maya
I can say, having read a lot here at VJ over the past 1.5 years, that there appears to be TREMENDOUS variation in the attitude and behaviour of CO's, other DOS staff, USCIS staff, elected officials, etc... involved in this process. Tremendous. And just because one approach didn't work for one person doesn't mean it won't work for another. Every case is different, every consulate is different, every CO is different, every interpretation is (seemingly) different. Why not at least try?
It makes me sad to see someone discourage another from doing everything in their power to kick up a little fuss at this crucial juncture. Sure, it may not do one lick of good. But if this was YOUR fiance, wouldn't you try anything and everything???
Maya
QUOTE(vicki/bala @ Jul 14 2006, 11:38 AM)
So sorry to hear this........this must be the day for bad news. I can tell you right now that representatives and senators can do nothing for you. I just spoke with my senators office this morning and they were as rude as the embassy themselves. They told me that they had no power to do anything as far as the visa was concerned, all they could do was make inquires as to where the case was.
WE havent been denied yet, but the same as, our file was sent back to the USCIS and in our case we had four years of proof but they were not interested in seeing any of it. Some like to think its our fault that we didnt give enough proof.. but the cold hard fact is, if they decide in their mind its a fraud then they could care less about how much proof you have.
I wish you much luck in your process, Im sure by now you are in same awed state that we are , and left wondering how on earth the embassys can treat us in such a way and no one in power seems interested in helping us. I guess they have the same sentiment as my senators office had , which is "there is nothing in the constititution that gives you a right to bring a foreign fiance to America."
vicki/bala
Your Senators and Congressmen CAN help you, they can call the Consulate and they actually have a positive affect on your case. I would contact yours immediately. Some are more helpful than others so call every office you can to get help. My Congresswoman's office was extremely helpful in my case. Try to contact them before your petition is sent back to the US. Good luck,
Sarah
QUOTE(skemper19 @ Jul 14 2006, 01:48 PM)
So he had his interview today and the guy asked him a bunch of questions, he answered them, then he asked for evidence he showed it to them, then the guy, who my fiance said was not a very nice guy, said there was not enough evidence and that his visa was denied.
Aren't they supposed to give you a chance to bring more evidence if that's the case? I'm so confused right now. I called the Embassy and they said there was nothing we could do once it was denied.
What are your thoughts? Should I just get married down there and start the K-3 or is it worth it to start the K-1 all over again?
It is interesting that this happened in South America. This week David went for his interview on the 11th in La Paz Bolivia and it did not go well. He was grilled in the morning and they attempted to call my daughter who was testifying in a high profile court case. They brought him back in the afternoon and questioned him more then said that they had doubts because he did not seem to know enough about our family. They sheduled him for another interview.
We immediately went on the offensive calling the office of the consular explaining why he did not know what he did not know and demanding to know what more evidence that they needed. Letters from people that my daughter discussed her plans to marry. A copy of her bridal registery. What would it take.
When he returned on Thursday his Visa was ready.
QUOTE(maya62 @ Jul 14 2006, 02:25 PM)
Maybe someone will have a link to one of the older threads where the USC was able, by immediate action, to save the K-1 from denial. The one that sticks in the back of my head was a male USC, eastern European or Russian fiancee, and I believe she was issued a denial at the interview, but he persisted and they got the visa. Does anyone remember?
I can say, having read a lot here at VJ over the past 1.5 years, that there appears to be TREMENDOUS variation in the attitude and behaviour of CO's, other DOS staff, USCIS staff, elected officials, etc... involved in this process. Tremendous. And just because one approach didn't work for one person doesn't mean it won't work for another. Every case is different, every consulate is different, every CO is different, every interpretation is (seemingly) different. Why not at least try?
It makes me sad to see someone discourage another from doing everything in their power to kick up a little fuss at this crucial juncture. Sure, it may not do one lick of good. But if this was YOUR fiance, wouldn't you try anything and everything???
Maya
Im simply saying what I was told by my senators office this morning.. I am assuming that the law is same for every senator .. they said WE HAVE NO POWER TO DO ANYTHING EXCEPT INQUIRE AS TO WHAT IS GOING ON WITH THE CASE! Im just telling the OP so that they dont get their hopes up as we did thinking the senators office was gonna rush in and save us. If the OP needs an inquiry as to why the case was denied by all means call the senator.. but if you are expecting the senator to change that......then dont be fooled, they have no power whatsoever in getting anything changed as far as the visa is concerned. And it was my fiance and I did kick up a fuss, with the consolate which did no good. I called my congressman and got no where and again with my senator. I didnt mean to bring the CO down .. I wish them all the best in the world, but I also want them to be prepared and not think that someone out there is going to magically help them with this sitution...so far it hasnt happened for us. I truly hope things are different for them. Because I love success stories as much as anyone else does.
Skemper19 - you say your fiance was denied outright - Was he given ANY kind of paperwork as a result of his interview?? Did they take but not return his passport? Or did they let him leave with it?
I know there is someone who went through Morocco who was able to overturn the denial before their case was sent back to the states. I know also that her congressman or senator helped because they called the Consulate about it and were able to help her. Move quickly- that's the most important thing now. You should contact everyone you can who will be able to help you and inquire about the denial at the Consulate. Good luck and take the chance whether they will be helpful or not so much to contact your representitives.
QUOTE(skemper19 @ Jul 14 2006, 01:48 PM)
So he had his interview today and the guy asked him a bunch of questions, he answered them, then he asked for evidence he showed it to them, then the guy, who my fiance said was not a very nice guy, said there was not enough evidence and that his visa was denied.
Aren't they supposed to give you a chance to bring more evidence if that's the case?
Yes, but they don't have to accept it at the embassy right now. Did you get a 221g? What does it say?
QUOTE
I'm so confused right now. I called the Embassy and they said there was nothing we could do once it was denied.
What are your thoughts? Should I just get married down there and start the K-3 or is it worth it to start the K-1 all over again?
What are your thoughts? Should I just get married down there and start the K-3 or is it worth it to start the K-1 all over again?
Before you can make an informed decision about what to do next you need to know for sure what actually happened. There is DENIAL, and there is REFUSAL to issue the visa. Either way it would be very helpful for you to know if the problem can be overcome by evidence. You would need to post more about the situation for more specific info, unless you'd just like to hear someone rant about how unfair the system is, which in some cases, it is.
(sorry.. not much for ranting tonight, I guess)
If your petition is still at the embassy and hasn't been returned you can still try and fight it. Once they return the petition they need a new approval from DHS before they can issue a visa. IF you know that some important evidence is missing you could try sending it anyway. Fax might work. Sometimes you have to keep calling and calling until you either get someone more helpful and less full of misinformation, or they get sick of you and put you through to someone who might be more helpful.
Good luck.
Sorry to hear about your interview. Hope you guys can find someway to bring your SO over. How long was your relationship? Did you have a lot of proff? My congressman helped me a lot but he said are case was unique since I have proff dating back 7 years and a stack. He says sometimes it is hard for people who have been in a relationship for just a few years cause they dont have enough evidence. What evidence did he have with him? Best of luck figuring this out. If you want to get married i would recomended the CR-1 over the K3 for u guys. 
QUOTE(skemper19 @ Jul 14 2006, 12:48 PM)
So he had his interview today and the guy asked him a bunch of questions, he answered them, then he asked for evidence he showed it to them, then the guy, who my fiance said was not a very nice guy, said there was not enough evidence and that his visa was denied.
Aren't they supposed to give you a chance to bring more evidence if that's the case? I'm so confused right now. I called the Embassy and they said there was nothing we could do once it was denied.
What are your thoughts? Should I just get married down there and start the K-3 or is it worth it to start the K-1 all over again?
usually the consulates never issue a denial...that can sent it back to usa and request that the visa be denied based on ntheir evidence...we got a 221g..with the recommendations to sent it back to america for review and denial and got it over-turned in a week at the consulate level.,..i was lucky and proactive...the head of the consulate was interested in our side, maybe in colulmbia they are more restrctive
OK, here's what happened... I'm sorry I was in a state of shock and had to leave work because I was very upset and frustrated...
The "gentleman" who interviewed him asked him numerous questions. Then stopped in the middle of the interview to chat with someone behind the glass, proceeded to laugh hysterically, then started asking him another bunch of questions. He then asked for photos, he showed him photos of my last three trips down there (20 more or less in total). He then asked to see e-mails, my fiance shoed him about 12 e-mails from the past 6 monsth (they already had 12 others form my original petition from the previous 6 months), then he asked to see phone records, my fiance showed him phone records form the past 6 months (the previous 6 months were supplied in the original petition I filed). He then showed him receipts from all of my trips (hotels, boarding passes, etc.), the showed him receipts of packages sent back and forth between us. Then said "I'm sorry, your visa is denied, there's not enough evidence". That's it, he gave him his passport and police certificate back and he left. That's it, no chance to come back, nothing, a plain out denial!!!!!! I am so shocked right now, so upset that all of this happened. We worked so hard for all of this and the decision was made by some imbecile who is probably miserable and wanted everyone else to be miserable as well.
So, what should I do? Should I try and contact my congressman???? Senator?? PLEASE HELP!! I don't know what to do!!!!!
The "gentleman" who interviewed him asked him numerous questions. Then stopped in the middle of the interview to chat with someone behind the glass, proceeded to laugh hysterically, then started asking him another bunch of questions. He then asked for photos, he showed him photos of my last three trips down there (20 more or less in total). He then asked to see e-mails, my fiance shoed him about 12 e-mails from the past 6 monsth (they already had 12 others form my original petition from the previous 6 months), then he asked to see phone records, my fiance showed him phone records form the past 6 months (the previous 6 months were supplied in the original petition I filed). He then showed him receipts from all of my trips (hotels, boarding passes, etc.), the showed him receipts of packages sent back and forth between us. Then said "I'm sorry, your visa is denied, there's not enough evidence". That's it, he gave him his passport and police certificate back and he left. That's it, no chance to come back, nothing, a plain out denial!!!!!! I am so shocked right now, so upset that all of this happened. We worked so hard for all of this and the decision was made by some imbecile who is probably miserable and wanted everyone else to be miserable as well.
So, what should I do? Should I try and contact my congressman???? Senator?? PLEASE HELP!! I don't know what to do!!!!!
Ok... did the CO give your fiance ANTHING AT ALL? A slip of paper? Did they stamp ANYTHING in his passport?
QUOTE(Jaci @ Jul 14 2006, 10:21 PM)
Sometimes you have to keep calling and calling until you either get someone more helpful and less full of misinformation, or they get sick of you and put you through to someone who might be more helpful.
Beautiful quote, sounds like something I would say!
... and so true in SO MANY situations in life, not just limited to immigration... Sorry to hear the bad news, skemper19, and I hope that your approval problems will be resolved quickly...
QUOTE(skemper19 @ Jul 15 2006, 04:36 PM)
OK, here's what happened... I'm sorry I was in a state of shock and had to leave work because I was very upset and frustrated...
The "gentleman" who interviewed him asked him numerous questions. Then stopped in the middle of the interview to chat with someone behind the glass, proceeded to laugh hysterically, then started asking him another bunch of questions. He then asked for photos, he showed him photos of my last three trips down there (20 more or less in total). He then asked to see e-mails, my fiance shoed him about 12 e-mails from the past 6 monsth (they already had 12 others form my original petition from the previous 6 months), then he asked to see phone records, my fiance showed him phone records form the past 6 months (the previous 6 months were supplied in the original petition I filed). He then showed him receipts from all of my trips (hotels, boarding passes, etc.), the showed him receipts of packages sent back and forth between us. Then said "I'm sorry, your visa is denied, there's not enough evidence". That's it, he gave him his passport and police certificate back and he left. That's it, no chance to come back, nothing, a plain out denial!!!!!! I am so shocked right now, so upset that all of this happened. We worked so hard for all of this and the decision was made by some imbecile who is probably miserable and wanted everyone else to be miserable as well.
So, what should I do? Should I try and contact my congressman???? Senator?? PLEASE HELP!! I don't know what to do!!!!!
Yes call your congressman and both senators, ask for their immigration liason and explain you situation. They will want you to write a letter most likely, I would ask them if you can fax it. Then I would hire an immigration attorney.
First of all, I have all the empathy in the world for you because I am going through a similiar thing. I know how utterly horrible it is to face this kind of disappointment. The most important thing to keep in mind is you have not lost your case yet. Try to save it now by contacting everyone and anyone you can think of. Call the Embassy a million times and try to talk to anyone you can. If it doesn't work from what I understand (because this is the point I am at right now) your petition will be sent back to the original immigration service center that approved it in the U.S. and you will get an intent to revoke your petition letter giving you thirty days to respond. This is your chance to prove that the Embassy made a mistake (how I am not sure yet and am still figuring out!) and if they are convinced they will send you petition back to the Embassy.
More bureaucracy, more waiting but not hopeless. Just very bad news. Honestly, sometimes the visa process seems pretty arbitrary. I am really sorry this has happened to you. Don't give up hope.
More bureaucracy, more waiting but not hopeless. Just very bad news. Honestly, sometimes the visa process seems pretty arbitrary. I am really sorry this has happened to you. Don't give up hope.
QUOTE(skemper19 @ Jul 15 2006, 06:36 PM)
OK, here's what happened... I'm sorry I was in a state of shock and had to leave work because I was very upset and frustrated...
The "gentleman" who interviewed him asked him numerous questions. Then stopped in the middle of the interview to chat with someone behind the glass, proceeded to laugh hysterically, then started asking him another bunch of questions. He then asked for photos, he showed him photos of my last three trips down there (20 more or less in total). He then asked to see e-mails, my fiance shoed him about 12 e-mails from the past 6 monsth (they already had 12 others form my original petition from the previous 6 months), then he asked to see phone records, my fiance showed him phone records form the past 6 months (the previous 6 months were supplied in the original petition I filed). He then showed him receipts from all of my trips (hotels, boarding passes, etc.), the showed him receipts of packages sent back and forth between us. Then said "I'm sorry, your visa is denied, there's not enough evidence". That's it, he gave him his passport and police certificate back and he left. That's it, no chance to come back, nothing, a plain out denial!!!!!! I am so shocked right now, so upset that all of this happened. We worked so hard for all of this and the decision was made by some imbecile who is probably miserable and wanted everyone else to be miserable as well.
So, what should I do? Should I try and contact my congressman???? Senator?? PLEASE HELP!! I don't know what to do!!!!!
Corruption!!
Definitely get your congressman and senators involved. If only there's a way of getting that "gentleman" released from his duties.
QUOTE(skemper19 @ Jul 15 2006, 06:36 PM)
OK, here's what happened... I'm sorry I was in a state of shock and had to leave work because I was very upset and frustrated...
The "gentleman" who interviewed him asked him numerous questions. Then stopped in the middle of the interview to chat with someone behind the glass, proceeded to laugh hysterically, then started asking him another bunch of questions. He then asked for photos, he showed him photos of my last three trips down there (20 more or less in total). He then asked to see e-mails, my fiance shoed him about 12 e-mails from the past 6 monsth (they already had 12 others form my original petition from the previous 6 months), then he asked to see phone records, my fiance showed him phone records form the past 6 months (the previous 6 months were supplied in the original petition I filed). He then showed him receipts from all of my trips (hotels, boarding passes, etc.), the showed him receipts of packages sent back and forth between us. Then said "I'm sorry, your visa is denied, there's not enough evidence". That's it, he gave him his passport and police certificate back and he left. That's it, no chance to come back, nothing, a plain out denial!!!!!! I am so shocked right now, so upset that all of this happened. We worked so hard for all of this and the decision was made by some imbecile who is probably miserable and wanted everyone else to be miserable as well.
So, what should I do? Should I try and contact my congressman???? Senator?? PLEASE HELP!! I don't know what to do!!!!!
Start with info from the embassy website
http://bogota.usembassy.gov/wwwsc024.shtml
QUOTE
Denial
An application may also be temporarily suspended under Section 221(g) of the Immigration and Nationality Act. Applicants whose applications are pending under Section 221(g) are given instructions by the consular officer at the conclusion of their interview.
An application may also be temporarily suspended under Section 221(g) of the Immigration and Nationality Act. Applicants whose applications are pending under Section 221(g) are given instructions by the consular officer at the conclusion of their interview.
This section MIGHT apply to you.
QUOTE
We invite you to use our Visa Information Call Center for additional, general information on visa requirements. However, the Visa Information Call Center does not provide case-specific information.
I don't much like the sound of that, but here is something I would certainly try pronto:
QUOTE
Review of the Decision
A Supervisory Consular Officer reviews every visa refusal. There is no formal appeal process for visa denials, but if an applicant wishes to know the outcome of the supervisor’s review, s/he may do so by sending a letter with her/his complete name as it appears on her/his passport to:
Sección Consular
Embajada de Estados Unidos de América
Carrera 45 # 22-D45
Bogotá, D.C.
Colombia
or faxing it to:
Non-Immigrant Visa Unit
(571) 315-2127
A Supervisory Consular Officer reviews every visa refusal. There is no formal appeal process for visa denials, but if an applicant wishes to know the outcome of the supervisor’s review, s/he may do so by sending a letter with her/his complete name as it appears on her/his passport to:
Sección Consular
Embajada de Estados Unidos de América
Carrera 45 # 22-D45
Bogotá, D.C.
Colombia
or faxing it to:
Non-Immigrant Visa Unit
(571) 315-2127
You might also find the name of the consul general and call any or all numbers listed for the consulate, repeatedly asking to speak to him/her.
You may have at least a week to have an impact on what happens to your petition. Perhaps you are missing some documents that you might be able to provide.
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. A consultation is usually free or a one time fee around $100. I recommend a 3 way call with your fiance for that.
Then there is contacting your representatives. Your congressman can be found here. You can expect your congressman might make a congressional inquiry for you at the embassy to try to get some information on the status and location of your petition. He most likely can't fix the situation for you, but he can get you some information that will help you decide how to proceed. His involvement may also help assure the speedy return of your petition, if that is in fact what will happen. While this is better than "deep sixing" (you can see the a bit about the consulates being warned not to do this here ), which is when the consulate sits on your petition and does nothing with it for quite some time, keep in mind the following;
In order to resolve a consular issue and get a visa issued the petition has to be at the consulate. After it has been returned to the service center (via NVC) the long wait begins for it's round trip, as does your preparation for rebuttal at the service center.
Hope this helps.
Jaci
Thank you all so very much for all of your input. I will be doing all of the above. I have already written a letter to the Supervisory Consular Officer who will be reviewing the case. I will contact my congresswoman, and both Senators tomorrow and see what can be done. All I am asking for is a chance to provide the evidence they claimed we lacked. Though it's so funny, the person who was interviewed before him, has nothing with her, was asked a couple of simple questions and was approved. While my fiance came in with tons of stuff, asked tons of questions, and was denied. It just goes to show you that it all depends on the person who interviews you and how they are feeling that day...... Thanks again for all the advise. I will do it all and keep everyone updated as to the progress!
CHEERS!!!
CHEERS!!!
Hi Skemper
You seem better today, that's good. 
edit---
the person who was interviewed before him, has nothing with her, was asked a couple of simple questions and was approved.
note gender change in the above statement
You seem better today, that's good. edit---
QUOTE(skemper19 @ Jul 16 2006, 08:43 AM)
the person who was interviewed before him, has nothing with her, was asked a couple of simple questions and was approved.
note gender change in the above statement
QUOTE(sakurasama @ Jul 15 2006, 10:02 PM)
First of all, I have all the empathy in the world for you because I am going through a similiar thing. I know how utterly horrible it is to face this kind of disappointment. The most important thing to keep in mind is you have not lost your case yet. Try to save it now by contacting everyone and anyone you can think of. Call the Embassy a million times and try to talk to anyone you can. If it doesn't work from what I understand (because this is the point I am at right now) your petition will be sent back to the original immigration service center that approved it in the U.S. and you will get an intent to revoke your petition letter giving you thirty days to respond. This is your chance to prove that the Embassy made a mistake (how I am not sure yet and am still figuring out!) and if they are convinced they will send you petition back to the Embassy.
More bureaucracy, more waiting but not hopeless. Just very bad news. Honestly, sometimes the visa process seems pretty arbitrary. I am really sorry this has happened to you. Don't give up hope.
Sakurasama
see this:
QUOTE
Consulates are supposed to issue a written denial laying out in detail the factual and legal basis for the denial. See the Feb. 2004 cable I've posted elsewhere.
Was the conoff correct about each fact as written in the denial? If not - pick each incorrect fact apart. You know a lot more about the facts of your case than any Federal adjudicator, CIS or DOS.
Was the consulate's legal basis correct? Like I've said elsewhere, I have seen a conoff use the labor certification-related ground of inadmissibility as a basis for recommending the revocation of an I-130.
Even if all the facts alleged by the conoff are true - are they relevant?
Even if they are all correct and relevant, do they rise to the level necessary
to justify denying the visa application?
For that stage of the analysis, look to the February 2004 cable to learn
what standards a conoff must meet before denying a family-based immigrant visa.
Even if they are all correct, relevant and rise to the level justifying the denial of the visa? Do they rise to the next level of justifying revoking the approved petition?
(On that part, it would be a good idea to at least consult an immigration attorney who is experienced in these type cases.)
Devote a section of your brief to proving your good faith toward your beneficiary.
Devote a separate section of your brief to proving his good faith to you.
Those are good starting off points.
Continue to accumulate evidence. Day-by-day. Emails, chat logs,
phone bills. There is a delay from the time the consulate sends the
petition back to the time you're notified by the Service Center.
Build your case during that time.
I have a client who overcame a consular denial by himself,
without legal assistance. But he is a very well-prepared
client. Not everybody can do that.
But once you read the denial, you may be surprised at how
much the conoff wrote down that is irrelevant or just plain wrong.
I had a case where a chief of Immigrant Visas at a consulate
got the family name of the beneficiary wrong.
Voila! A mistake like that is heaven-sent.
Good luck.
This post has been edited by ellis-island on Dec 1 2004, 03:11 AM
--------------------
Don't bet your whole future on what you read
on a message board or in a chat room.
This is not legal advice. No attorney-client relationship is intended.
You should not infer one.It's information of general applicablity.
Do not take any action without first consulting a qualified immigration attorney in greater detail.
John Marcus "Marc" Ellis, Attorney
American Immigration Lawyers (AILA)
membership number 10373
Was the conoff correct about each fact as written in the denial? If not - pick each incorrect fact apart. You know a lot more about the facts of your case than any Federal adjudicator, CIS or DOS.
Was the consulate's legal basis correct? Like I've said elsewhere, I have seen a conoff use the labor certification-related ground of inadmissibility as a basis for recommending the revocation of an I-130.
Even if all the facts alleged by the conoff are true - are they relevant?
Even if they are all correct and relevant, do they rise to the level necessary
to justify denying the visa application?
For that stage of the analysis, look to the February 2004 cable to learn
what standards a conoff must meet before denying a family-based immigrant visa.
Even if they are all correct, relevant and rise to the level justifying the denial of the visa? Do they rise to the next level of justifying revoking the approved petition?
(On that part, it would be a good idea to at least consult an immigration attorney who is experienced in these type cases.)
Devote a section of your brief to proving your good faith toward your beneficiary.
Devote a separate section of your brief to proving his good faith to you.
Those are good starting off points.
Continue to accumulate evidence. Day-by-day. Emails, chat logs,
phone bills. There is a delay from the time the consulate sends the
petition back to the time you're notified by the Service Center.
Build your case during that time.
I have a client who overcame a consular denial by himself,
without legal assistance. But he is a very well-prepared
client. Not everybody can do that.
But once you read the denial, you may be surprised at how
much the conoff wrote down that is irrelevant or just plain wrong.
I had a case where a chief of Immigrant Visas at a consulate
got the family name of the beneficiary wrong.
Voila! A mistake like that is heaven-sent.
Good luck.
This post has been edited by ellis-island on Dec 1 2004, 03:11 AM
--------------------
Don't bet your whole future on what you read
on a message board or in a chat room.
This is not legal advice. No attorney-client relationship is intended.
You should not infer one.It's information of general applicablity.
Do not take any action without first consulting a qualified immigration attorney in greater detail.
John Marcus "Marc" Ellis, Attorney
American Immigration Lawyers (AILA)
membership number 10373
QUOTE
My Le has described a 221(g) denial. What I am about to write does not apply to 212 denials (fraud). A 221(g) denial simply means the beneficiary has failed to prove his or her case to the officer's satisfaction. The standard they are supposed to be using is the "reasonable man" or "reasonable person" standard. Would a reasonable person reviewing the evidence available be satisfied that this is a petitionable relationship? I won't go into the way DOS interprets the "reasonable man" standard, or the miniscule amount of evidence they review to reach this general conclusion. Suffice it to say this particular officer thought a reasonable person would not be satisfied a petitionable relationship exists. 221(g) denials can be overcome with additional evidence. The question is when or where do you provide the additional evidence? In a K-1 221(g) situation, a person might consider traveling to Vietnam and getting married. Returning to the States and filing an I-130/K-3. That doesn't end the problem of the consular officer's denial. You still have to make your case to the Service Center. You inform them of the previous denial and show where the consular officer was in error. Plus you provide all the additional information the consulate said you were lacking. If CIS approves your I-130 or K-3 after considering both the consulate's denial as well as your rebuttal, then your loved one will go to a new interview and the consulate is not supposed to deny an application where the reasons for denying it were considered by CIS in their approval. The problem with this approach is you may not know exactly what will be in the consular's return memo. You may not know exactly why the beneficiary's application was denied. Another problem with this approach is if the consulate's grounds for denying the application were legal rather than factual, (marriage not valid in VN, divorce not valid in the States, inter alia), you'll need legal authority to the contrary to win your rebuttal.The bottom line is - you've got to know exactly why the consulate denied your loved one's application. Once you know that, you can proceed. Until you know that, you may be shooting in the dark. But more often than not, doing it that way is a lot faster than waiting for the Service Center to get around to reviewing your K-1 denial. That can take years. What if it's not a K-1, but rather an I-130? I'm not going into that now. It's more difficult - but still doable. --------------------Don't bet your whole future on what you read on a message board or in a chat room. This is not legal advice. No attorney-client relationship is intended. You should not infer one.It's information of general applicablity. Do not take any action without first consulting a qualified immigration attorney in greater detail. John Marcus "Marc" Ellis, AttorneyAmerican Immigration Lawyers (AILA) membership number 10373
good luck
You have received very good advice here.
I went through a K 3 denial in Casablanca. Our file was returned to USCIS through the NVC where we were given the chance to rebutt the consulars findings (denied due to the validity of the relationship...CO refused to look at our proof from my husband, he had lots of proof but I am older, it is a commom practice to deny for age differences there now) and had our case reaffirimed by USCIS. We since have had our second interview and our security checks are done. We are waiting for the consulate to call my husband to come pick up the visa.
I just wanted to add what is so very important right now...TIME! You need to stop the consulate returning your case. If they do return it to USCIS, you can count on a very long delay in getting your fiance here.
I know it is overwhelming and shocking. The shock will cause you to delay taking action. Call the consulate and do as Jaci suggested.
You will need a release to have your reps get involved. Fax it to their office if you can't get there tomorrow. While it is true all they can do is make an inquiry, it can't hurt.
The best thing for you to do is find the real reason they want to have your case returned to USCIS. Once you know the reason, which sounds to me like they don't believe you have a valid relationship, you can get to them what they need.
Once a CO decides to return a case, the case must be reviewed by a supervisor and if that person agrees with the first officer, the case will be returned unless you can get it stopped right away.
I wish I had this great advice way back when we were denied in March 05. Good luck and I hope you can prevent your case from going back to USCIS!!!
chi
I went through a K 3 denial in Casablanca. Our file was returned to USCIS through the NVC where we were given the chance to rebutt the consulars findings (denied due to the validity of the relationship...CO refused to look at our proof from my husband, he had lots of proof but I am older, it is a commom practice to deny for age differences there now) and had our case reaffirimed by USCIS. We since have had our second interview and our security checks are done. We are waiting for the consulate to call my husband to come pick up the visa.
I just wanted to add what is so very important right now...TIME! You need to stop the consulate returning your case. If they do return it to USCIS, you can count on a very long delay in getting your fiance here.
I know it is overwhelming and shocking. The shock will cause you to delay taking action. Call the consulate and do as Jaci suggested.
You will need a release to have your reps get involved. Fax it to their office if you can't get there tomorrow. While it is true all they can do is make an inquiry, it can't hurt.
The best thing for you to do is find the real reason they want to have your case returned to USCIS. Once you know the reason, which sounds to me like they don't believe you have a valid relationship, you can get to them what they need.
Once a CO decides to return a case, the case must be reviewed by a supervisor and if that person agrees with the first officer, the case will be returned unless you can get it stopped right away.
I wish I had this great advice way back when we were denied in March 05. Good luck and I hope you can prevent your case from going back to USCIS!!!
chi
QUOTE(chiquita @ Jul 16 2006, 06:30 PM)
I wish I had this great advice way back when we were denied
As do I Chi
We have long road ahead of us on our way to our next interview.
Thanks for posting.
Jaci
THNAK YOU THANK YOU THANK YOU!!!! I will be reviewing all of this info., contacting the people I need to contact, and being proactive onthis. You don't know how muich all of your help and advise means to me!!! God bless each and every one of you!!!!! You truly are angels!! I'll keep youposted on what happens!!!!
skemper,
This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.
Yodrak
This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.
Yodrak
QUOTE(Jaci @ Jul 16 2006, 12:12 AM)
...
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
QUOTE(Yodrak @ Jul 17 2006, 02:05 PM)
skemper,
This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.
Yodrak
QUOTE(Jaci @ Jul 16 2006, 12:12 AM)
...
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
I can tell you in our case, I contacted mulitple attorneys...not one had any advise for us since they had never dealt with a consular return.
Also by the time would actually retain an attorny I am sure the case would have been sent back to the USCIS.
I would concentrate my efforts in calling the consulate and having my SO to the same.
chi
chi,
Did you look for and contact a US immigration attorney practicing in Casablanca? If so, and you were unable to find one, then in your case I would agree with your course of action.
I would also look again at sources such as AILA.org, lawyers.com, and other sites of that nature.
I agree that skemper must act quickly.
Yodrak
skemper,
This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.
Yodrak
I can tell you in our case, I contacted mulitple attorneys...not one had any advise for us since they had never dealt with a consular return.
Also by the time would actually retain an attorny I am sure the case would have been sent back to the USCIS.
I would concentrate my efforts in calling the consulate and having my SO to the same.
chi
Did you look for and contact a US immigration attorney practicing in Casablanca? If so, and you were unable to find one, then in your case I would agree with your course of action.
I would also look again at sources such as AILA.org, lawyers.com, and other sites of that nature.
I agree that skemper must act quickly.
Yodrak
QUOTE(chiquita @ Jul 17 2006, 05:18 PM)
QUOTE(Yodrak @ Jul 17 2006, 02:05 PM)
skemper,
This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.
Yodrak
QUOTE(Jaci @ Jul 16 2006, 12:12 AM)
...
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
I can tell you in our case, I contacted mulitple attorneys...not one had any advise for us since they had never dealt with a consular return.
Also by the time would actually retain an attorny I am sure the case would have been sent back to the USCIS.
I would concentrate my efforts in calling the consulate and having my SO to the same.
chi
QUOTE(Yodrak @ Jul 17 2006, 02:05 PM)
skemper,
This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.
Yodrak
QUOTE(Jaci @ Jul 16 2006, 12:12 AM)
...
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...
Hope this helps.
Jaci
Yodrak,
I think your added emphasis is warranted.
Skemper, in the abscence of attys specializing in my problem and my embassy I'm looking more towards the problem solvers right now, but the input of the atty specializing in our embassy was somewhat valuable also.
J-
Thanks so much Yodrak and Jaci, your words and advise have been so valuable to me! Unfortunately an attorney is not something that I am capable of handling financially right now. This morning I will be in touch with someone who is very close to both my congresswoman AND my Senators. With their help, I might at the very least be able to be heard sooner than later. In reading Ellis' New Info. on denials article, it started to freak me out a bit due to the possibility that some type of misleading/ misrepresentation might loom over my fiance's head for no reason. So, I will take it step by step and see where this morning leads me. I will keep you all posted! Thanks so much! You have no idea what you guys mean to me! Even knowing that there's some silver lining around these dark clouds is enough to keep me form crying every minute! 
Lots of love to all of you!
S
Lots of love to all of you!
S
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