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chilton747

White slipped

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You don't have your timeline set up. At what stage in the process did the denial come? Was it post interview?

Very sorry regardless, but it would be helpful to know at what point in the process your fiance visa was denied.

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You don't have your timeline set up. At what stage in the process did the denial come? Was it post interview?

Very sorry regardless, but it would be helpful to know at what point in the process your fiance visa was denied.

Yes I do not have a timeline as of yet. I just joined. The denial came at the interview on August 28, 2006. I has initially started the K1 process in April, 2005. I will get my timeline on soon. Thanks for asking. I need all the help I can get as my fiancee and I will marry soon. We are wanting a child very much as she is 38 and doesn't have much time left for us to have a child. Can't wait on the US gvt.

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You don't have your timeline set up. At what stage in the process did the denial come? Was it post interview?

Very sorry regardless, but it would be helpful to know at what point in the process your fiance visa was denied.

Yes I do not have a timeline as of yet. I just joined. The denial came at the interview on August 28, 2006. I has initially started the K1 process in April, 2005. I will get my timeline on soon. Thanks for asking. I need all the help I can get as my fiancee and I will marry soon. We are wanting a child very much as she is 38 and doesn't have much time left for us to have a child. Can't wait on the US gvt.

What was the reason for the denial? We really need more info if you expect some help....

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You don't have your timeline set up. At what stage in the process did the denial come? Was it post interview?

Very sorry regardless, but it would be helpful to know at what point in the process your fiance visa was denied.

Yes I do not have a timeline as of yet. I just joined. The denial came at the interview on August 28, 2006. I has initially started the K1 process in April, 2005. I will get my timeline on soon. Thanks for asking. I need all the help I can get as my fiancee and I will marry soon. We are wanting a child very much as she is 38 and doesn't have much time left for us to have a child. Can't wait on the US gvt.

What was the reason for the denial? We really need more info if you expect some help....

The paper that was given to her said that according to INA 5(A), we do not have a bona-fide relationship. This couldn't be further from the truth. She had tons of evidence with her but they did not want to see it.

I also know that just having 5(A) on the paper is incomplete. but this is what it said.

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Hey Chilton,

My fiance Bala, and I also are going thru the exact same thing you are. Our petition was sent back to the states in July after Bala had his second interview. The reason was same as yours and we also had lots of proofs of which they were not interested in seeing.

All I can tell you is that I contacted a lawyer, and we are expecting to recive a NOID (Notice of Intent to Deny ) letter which I have heard can take anywhere from a few months to even a year or longer. So I would suggest contacting an attorney for at least some advice on how to proceed. I do know of one other petitioner who didnt reply to her NOID letter, instead she opted to marry and now they are in a mess of trouble.

Apparently the way I understand it, is that if you dont respond to the NOID letter then they will deny you and it can be seen as fraud, which we all know is not good.

You are welcome to PM me and I can give you some more information that I have received on this situation.

Best of luck to you and yours!!!

Vicki/bala

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Hey Chilton,

My fiance Bala, and I also are going thru the exact same thing you are. Our petition was sent back to the states in July after Bala had his second interview. The reason was same as yours and we also had lots of proofs of which they were not interested in seeing.

All I can tell you is that I contacted a lawyer, and we are expecting to recive a NOID (Notice of Intent to Deny ) letter which I have heard can take anywhere from a few months to even a year or longer. So I would suggest contacting an attorney for at least some advice on how to proceed. I do know of one other petitioner who didnt reply to her NOID letter, instead she opted to marry and now they are in a mess of trouble.

Apparently the way I understand it, is that if you dont respond to the NOID letter then they will deny you and it can be seen as fraud, which we all know is not good.

You are welcome to PM me and I can give you some more information that I have received on this situation.

Best of luck to you and yours!!!

Vicki/bala

I'll do just that....I like your signature ;)

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Mew    0

I can't help you with your situation, but I found this:

9 FAM 41.81 N6.5 Marriage Bona Fides

(CT:VISA-756; 07-27-2005)

a. If a consular officer finds that the fiance(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, post should return the K-1 or K-3 petition with a recommendation for revocation to the national visa center (NVC) under cover of a memorandum detailing the specific, objective facts giving rise to the posts conclusion.

b. All Immigrant and K-1/K-3 Visa revocation cases are to be returned to the following address:

National Visa Center 32 Rochester Ave. Portsmouth, NH 03801 Attn: Fraud Prevention Manager

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

So now at least you know where the case is going.

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I can't help you with your situation, but I found this:
9 FAM 41.81 N6.5 Marriage Bona Fides

(CT:VISA-756; 07-27-2005)

a. If a consular officer finds that the fiance(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, post should return the K-1 or K-3 petition with a recommendation for revocation to the national visa center (NVC) under cover of a memorandum detailing the specific, objective facts giving rise to the posts conclusion.

b. All Immigrant and K-1/K-3 Visa revocation cases are to be returned to the following address:

National Visa Center 32 Rochester Ave. Portsmouth, NH 03801 Attn: Fraud Prevention Manager

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

So now at least you know where the case is going.

Thank youuuuuuuuuuu!!!!!!!! At least I will be able to find out on what they based their decision. Thank youuuuuuuuu

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I am very sorry that both Chilten and Vicki & Bala are going through this. I agree that a lawyer is a good place to start. Also, if they ignored or refused to look at evidence that you had, I suspect that this will help your appeal.

My fiance and I certainly do not expect such a problem. But we have already discussed our Plan B. We would probably both emigrate to a country where we are both welcome. While I would hate to leave the US, being with her is what is most important.

Good luck on your journey.

Tom

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Thank youuuuuuuuuuu!!!!!!!! At least I will be able to find out on what they based their decision. Thank youuuuuuuuu

something to think about.. I have read along the way that during the interview process, the officer can (should) not deny based on information that has already been found acceptable at the service centre level. A visa is denied based on evidence previously unknown. Eg, problem with the medical, affidavid of support, or information given while answering questions. I am wondering if they were not interested in your fiance's evidence on hand as the decision made was based on her answers to questions at the interview. Did she tell you much about this?? It might give you a better idea of what needs to be addressed?

William33 may know more...

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