visa denied

[~kiyah~ 14]

I am so sorry you are going through this. There is quite a bit of information in my signature which can help you.

morocco4ever has given you some great advice, there are many of us who have been through this, and have made it through to be reunited woth our loved ones, you are not alone.

Before you just go off and marry, you really should seek legal counsel and educate yourself on this process. There is a method to this madness, and just running off and marrying to file a new petition without closure on the returned K1 is not always the best idea.

You will or may have to address this in the new interview, and it could cause you further delays and problems. Please attempt to contact your congress/senate rep to ask for their assistance before the file is actually returned.

Read the information in my signature as well as the articles of interest which are linked there. You should make an educated decision honey. Arm yourself with the knowledge myself and others have gathered through research and experience before making a decision about what you feel is best for your case.

This is the first link you should read, it explains what happens when a petition is returned, and what options you may have: ~ Returns & Refusals...What They Don't Tell You ~

~kiyah~

[USAplusColombia 1]

Everyone brings up discrimination. It is perfectly legal to discriminate. We all do it. The only type of discrimination from a state actor that is illegal involves race, age, gender....and so on. Also, you have no constitutional right to bring someone here from another country.

Of course the embassy will look at obvious differences. There is no legal issue concerning age. She isn't being denied a visa due to her age. Doesn't matter what age you are, you can get a visa. She is being denied because the difference in age is suspect. If I were working at the embassy, and I saw the picture posted and knew of only one trip being made....I'd tend toward fraud on his part.

Just keep up the fight!

[Mystic Heart 0]

you know, i see a lot of good advice here. so i dont know why you just decided on flying over and getting married in a month or so.

and like what i said before, which i see a lot of people saying the same -- DONT. JUMP. THE. GUN. make at least a couple or so trips to him. gather a lot of evidences: pictures, receipts, emails, snail mails, bday cards and such. if you jump the gun the consuls will just show that you are being stubborn about this (which i can understand why) and is just REALLY after the visa.

BUT if you take it slowly but surely, it will show the sincerity of your relationship. patience is a virtue and all of us here on VJ know this: this kind of relationship (that we all have) needs A LOT of patience. being calm and patient about this will show your sincerity and willingness to wait to be together for good --- that also shows your security and confidence on how both of you feel for each other. if you REALLY love each other so much, then it's worth waiting for, right? just as the old song goes.. "you cant hurry love"

the disapproval of the family is something every couple-- whether long distance like ours or same nationality--- has to overcome. there are people who are just lucky to be instantly accepted by the family. but that is another BIG factor that can be seen as a redflag in your case. if you take it nice and slow, spend more time together as much as you can and gather LOTS of pictures together -- two of you and with his family. no, it cannot be just a few! again, if you really love him, then you will do something to make his family accept you. and if he really loves you, then he will fight for you. right?

the course of action you are planning to take (despite tons of wise advice given to you) isn't THAT smart. i agree with what was said "this is not a case for the weak." be strong ally. and be smart. i pray that you will make the right decision. good luck

if you need someone to talk to:

msn: kyretica@hotmail.com

yahoo: kyretica@yahoo.com

AIM: kyretica@aol.com

*hugs*

Edited September 3, 2009 by Mystic Heart

[Y's_habibitk 2]

Everyone brings up discrimination. It is perfectly legal to discriminate. We all do it. The only type of discrimination from a state actor that is illegal involves race, age, gender....and so on. Also, you have no constitutional right to bring someone here from another country.

Of course the embassy will look at obvious differences. There is no legal issue concerning age. She isn't being denied a visa due to her age. Doesn't matter what age you are, you can get a visa. She is being denied because the difference in age is suspect. If I were working at the embassy, and I saw the picture posted and knew of only one trip being made....I'd tend toward fraud on his part.

Just keep up the fight!

you're right, and if the CO hadnt have said .."shes so old!"(highly unprofessional) then maybe age discrimination wouldnt be the topic on many ppl's minds.

Obviously, the CO saw something else because there are MANY couples with a large age gap. Thats why Ally should be focusing on the "red flags" and evidence that she CAN control.

[mahboula 11]

Everyone has given excellent advice here. I just wanted to add a couple of things.( I think someone in this thread may have already pointed this out?) It's very possible that the CO was saying these things to gauge your fiance's reaction. She was looking for a certain response from him, that maybe she didn't get. I don't think it's possible to predict how any one person would react in a situation, but maybe they do. What did the interviewer expect from him as a reaction when his wife was insulted? I think it's important for you to go over the interview with him, question by question, and answer by answer. If he gets a new interview, he needs to be prepared to answer the tough questions, and like others say, address the "red flags" that the CO sees.

These are a couple of quotes from an article I skimmed through recently. It was a 101 page long visa report so no way I was reading the whole thing.

During the interview, the consular officer is responsible for assessing the person, their mannerisms (including eye contact and nervousness), and their responses to questions to determine if they should be admitted.

Consular officers have also obtained additional “analytic interview” training under new training regimes. Contractors have been hired to present interview techniques to identify fear and deceit based on body language and speech changes.The statutory burden of proof is on the applicant under section 214( b ).Thus, consular officers sometimes deny a visa based on a broad“gut feeling” that the person should not be admitted.

I think this report was written in 2005, and it addresses many post 9/11 issues and changes in the system.

[Stephen + Elisha 92]

mahboula, that's very interesting. Can you give the link to the full article?

[mahboula 11]

Sure. Here it is

[luzhok 0]

To be denied for "age difference" after USCIS approved it is a shocker to me. If something is fishy about the age it should be denied on USCIS level. I would accept any other reason from CO but not the age difference. I'm appalled. There are many other ways/questions to verify a fraud.