VISA DENIED OUTRIGHT???????

[skemper19 0]

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?

[maya62 7]

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

[john_and_marlene 162]

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.

[vartan 0]

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..

[vicki/bala 0]

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

[kitkat1 5]

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.

[DavidandEli 0]

I hope everything works out.

:-(

Edited July 14, 2006 by DavidandEli

[diadromous mermaid 36]

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!

[maya62 7]

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

[sarah and hicham 3]

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

[LooHoo24 0]

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.

[vicki/bala 0]

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.

[Jaylen Brit 0]

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?

[sarah and hicham 3]

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.

[Jaci 0]

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?

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?

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.