K1: What's In A Consular Return Memorandum?

[S_R 148]

When quoting Marc Ellis's work you should give the man credit

Thanks for the correction but it wasn't deliberate...My earlier post of April 22nd 2011 { http://www.visajourney.com/forums/topic/306483-denials-of-family-based-immigrant-visas-at-consulates-and-dhs-petition-revocations/ } should confirm that credit is ALWAYS given as at when due .

Edited August 1, 2011 by S_R

[JimVaPhuong 4,863]

Thanks for the correction but it wasn't deliberate...My earlier post of April 22nd 2011 { http://www.visajourney.com/forums/topic/306483-denials-of-family-based-immigrant-visas-at-consulates-and-dhs-petition-revocations/ } should confirm that credit is ALWAYS given as at when due .

People should not have to look through your other threads to find that you're quoting someone elses work. Quoting a substantial portion of someone elses writings without proper credit given is plagiarism. When quoting works which are posted on the internet it's also customary to provide a link to the source.

http://www.ilw.com/articles/2010,0713-Ellis.shtm

Without quoting the entire article, or giving a link to the original article, you also risk presenting information without the necessary context that might be provided in other parts of the article. For example, the preface you left out of your opening post was:

What follows is a pretty common

list of consular allegations quoted in NOIR's

that I've seen. I'm hoping there are immigration lawyers & USCIS adjudicators reading this article. I invite them to find a single material misrepresentation in any of these consular allegations.

You provided only a paraphrased version of the bolded text. With the additional context of the complete text, anyone who either knows of Marc Ellis, or reads his brief bio at the end of the article, will understand that these are allegations he has personally seen on NOIR's, and because of his extensive dealing with the consulate in Ho Chi Minh City, Vietnam, many of these are peculiar to that particular consulate. For example, there are very few other consulates where the lack of a formal engagement ceremony and large celebration involving hundreds of people would be cited as a reason to deny a K1 visa. This "social and cultural norm" is unique to Vietnam.

[Lewizza 0]

Thanks For sharing this!!! wish everyone the best in this journey!!!!

[bigdog 376]

list of consular allegations quoted in Notice of Intention to Revoke (NOIR's)

Photographs submitted as evidence of the relationship indicate that the petitioner and the beneficiary have spent only two or three days together.

The beneficiary and the petitioner did not have an engagement ceremony. This contradicts local, social and cultural norms in which many family members and friends are invited to engagement celebrations numbering in the hundreds of guest for even families of modest means.

The beneficiary is unaware of the basic facts of the petitioner's occupational background. She does not know the name of the petitioner's immediate supervisor. The beneficiary is unaware of the basic facts of the petitioner's occupational background. She does not know the name of any of petitioner's co-workers.

The beneficiary is unaware of the petitioner's day-to-day social contacts.

"The consulate official noted the petitioner is nineteen years older than the beneficiary." There appears to be a communication issue between the couple. The beneficiary submitted letters as evidence of communications. The consulate officer reported an individual signed the letters as ______. The beneficiary claimed that "______" is the petitioner's nickname."

The consulate reported that the beneficiary provided insufficient evidence of a bona fide spousal relationship. Written correspondence submitted as evidence of communication consisted of only one letter.

All of beneficiary's phone calls to the United States were made to an unlisted cell phone.

During the interview, beneficiary stated that she was introduced to the petitioner over the phone by her cousin. The petitioner and her cousin are alleged to be co-workers.

During her consular interview, the beneficiary was unable to answer basic questions about petitioner's family and failed to submit sufficient verifiable evidence to support an ongoing and bona fide spousal relationship with petitioner.

During her consular interview, the beneficiary failed to submit sufficient verifiable evidence to support an ongoing and bona fide spousal relationship with petitioner.

The beneficiary stated that the petitioner proposed in March, 2007, immediately after stepping off the airplane during the petitioner's first visit. The petitioner and the beneficiary were married 19 days later."

The beneficiary claimed that he talked to the petitioner every few days on the phone, but he did not know what the petitioner did last week-end.

The beneficiary divorced her ex-spouse within one year of marrying the petitioner.

The petitioner and beneficiary got married during the petitioner's first visit. The duration of petitioner's entire trip was brief.

The petitioner and the beneficiary do not share a common language

Good information this will assist others.

[R and F 34]

This is great, does not apply to everyone but very very helpful, thanks alot for posting this.

[daryl&lada 8]

Very good post. Thanks for sharing .

[daryl&lada 8]

Very good post. Thanks for sharing .

[Janice&Ben 2]

Good-to-know-stuff although some of them are outrageous.