QUOTE(fop @ Sep 1 2007, 01:16 PM)

hi Kiya,
I really support your Idea with rousing yessss ! but how this can help our cases to be done with full justice ???
thanks
Hicham
not Kiyah here, but i am not sure i understand what you mean by---
I really support your Idea with rousing
i am dumb--what does that mean??
what was her idea that you are referring to?
full justice? i dont understand that either.
as an American we dont have any rights when it comes to marrying outside of America. it is a privilege if our government allows our foreign born spouse/fiance to come live with us in the states. we all need to keep that in mind.
what we are asking for is for the guidelines to be followed.
we are asking that cases not be pre-judged prior to the interview.
we are asking that if there are suspictions that the couple have the chance at the consular level to address/ provide evidence to prove the validity of the relationship and not merely return the case to USCIS and make them do the investgating.
which by the way is going away=California Service Center no longer sends out NOIR to K1 cases that are returned. the couple is left in limbo as to what the next step is.
Vermont on the other hand puts the cases on a shelf to collect dust-returned case are NOT a priority for them. insane!!
as American, we are not used to our government treating us like this! we are used to getting answers and trying to solve problesm. this is what "I" find so irritating! if there is a problem--ask me and see if i can clear it up. unfortunately we dont get that opportunity. this is a case of uncle Sam trying to protect it's citizens against "visa seekers". ok, i understand, but let me be the one to address the issue but alas i am not allowed to.
let this be clear--we are talking about LEGAL immigration following all the rules paying all the fees. what we have are honest hard working regular average JOE'S who fall in love with a non American and only want to be with them in our own country. we are only asking for the opportunity to prove we are indeed valid couples instead if being judged by a CO who just cant beleive my husband loves me so my case is returned to USCIS saying we are frauds!!!
let this also be very clear>>>>
this happens without one shred of evidence against us!!!!! we are guilty without any evidence. what American would not be outraged by this practice? which by the way is AGAINST the government guidelines according to the CFR (code of federal regulations)>>>
http://ecfr.gpoaccess.gov/cgi/t/text/text-....0.1.5.28.9.1.1not to also mention that the consular officer is to INFORM the applicant WHY he/she is not getting a visa. >>>>>
consular officers are not complying with the requirements of 8 C.F.R. 103.2(

(16)(i)&(ii), which requires that derogatory information used to deny a petition, must be disclosed to petitioner, if it is not classified and if it is to be the basis of the adverse decision
the consular officer is also required to help the applicant overcome the objections for denial>>>
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."
this info was given to me by an excellent immigration attorney who by the way helps those who have had their cases returned to USCIS.
gosh didnt mean to right a book here...but as you can see this does irratate me.
i am AMERICAN all the way!!! i love my country! it doesnt mean that some things need to be fixed though. i dont want anyone to get the idea i hate my country.
chi