Visa Denied under section 221(g)

[MrsMahir2010 0]

My fiance had his second interview today. The visa was denied. The CO told him that it was because of my son and the proof of a bonafide relationship. (The CO didnt even look at the proof that we sent and she asked questions about my brothers father and my mothers occupation. Two things we never talked about so he didnt know the answers) She told him that because my sons father still has rights to him this would cause a problem with the visa. In the state of GA my sons biological father has no rights because we were never married. My son was not legitimized, but since his bio father signed the birth certificate they claim he has rights. I cant get my sons passport because of this. The deadbeat doesnt pay child support, he was abusive toward myself and my son, he does drugs, and he NEVER contacts me to see my son. Of course he blames me, and says that I wont let him see him. He gets to be with whomever he wants to be with, go where ever he wants to go, and do what he wants to do, but I cant do anything. He is still controlling my life!! I want a family! My fiance has spent more time and done more for my son over the past year then his bio father has ever done for him! As far as our relationship goes...yes, Ive only been to Morocco once, but money and reliable child care (since I cant take my son with me),and my job, keeps me from going again. I am far from a gullable person, and I do not fall for BS...I know all about the fraudulent marriage stuff...but I know in my heart that this man is NOT doing this. I have never seen such a sincere man. He is there for me whenever I need him! He has sent myself and my son gifts, he even sent me money one time when I had some unexpected expenses. He is very well educated, and his family is not poor. He doesnt even want to come here! He wanted myself and my son to live in Morocco, but since I cant get my sons passport, we cant go. I contacted the USCIS, and the senate today after the interview. I dont know what else to do. I love this man!! Please help!!!

[canadian_wife 1,823]

I am sorry, Morrocco is a high fraud consulate, regardless if your fiance does not fall under that.

Perhaps in the state of GA the child's father doesn't have any rights (I am from GA and actually do not believe this to be true) but you are dealing with federal law. If the child's father is on the birth certificate, then the father has rights, hense the situation with the passport.

You do have the option of cancelling the fiance visa, marrying and then petitioning for a spousal visa.

Good luck

[VanessaTony 3,567]

I am sorry, Morrocco is a high fraud consulate, regardless if your fiance does not fall under that.

Perhaps in the state of GA the child's father doesn't have any rights (I am from GA and actually do not believe this to be true) but you are dealing with federal law. If the child's father is on the birth certificate, then the father has rights, hense the situation with the passport.

You do have the option of cancelling the fiance visa, marrying and then petitioning for a spousal visa.

Good luck

Custody laws: http://www.divorcelawinfo.com/states/ga/gacustody.htm according to that link the mother has sole custody if unmarried but he can challenge it. Also here: http://www.merchantcircle.com/blogs/Kitchens.And.New.LLC.Family.Law.678-262-2275/2010/2/Unmarried-Parents-and-GA-Child-Custody-/510889 if you search the last link for the words "birth certificate" it mentions how it doesn't matter that he's on the birth cert.

[phatz31 2]

that's crazy,am taking my son to jamaica in march,do i need his dad approval? there is no dad name on his birth certificate

[MrsMahir2010 0]

I am sorry, Morrocco is a high fraud consulate, regardless if your fiance does not fall under that.

Perhaps in the state of GA the child's father doesn't have any rights (I am from GA and actually do not believe this to be true) but you are dealing with federal law. If the child's father is on the birth certificate, then the father has rights, hense the situation with the passport.

You do have the option of cancelling the fiance visa, marrying and then petitioning for a spousal visa.

Good luck

Yes, Ma'am this is so true. I heard horror stories about the Moroccan Consulate. The new legitimization law was passed in 2005, and since my son was born in 2004, the deadbeat would have to file papers to have him legitimized. That only works for the state laws though. I definitely understand the federal laws, but it is so unfair. I mean if I wanted to take my son on a vacation I wouldnt even be able to do that. Why do the laws protect people like him? He has no interest in my child...he just wants us to be miserable. I understand the fraud level, and I know that it doesnt matter if he fits this profile...its just very heartbreaking. It hurts so bad...

[jojolicious 38]

I think the bigger issue is getting stronger proof of a bona fide relationship.

Regardless of what rights your son's father may or may not have, your son is not leaving the US so I don't see how this has a significant bearing on the application. Your son's father's existence doesn't prevent you from marrying or getting engaged or bringing your fiance here.

After a denial, some people choose to build a stronger case and refile while others choose to fly to the beneficiary's country to get married and go the CR-1 route. Either way work on your evidence.

I know this must be hard for you. All the best!

that's crazy,am taking my son to jamaica in march,do i need his dad approval? there is no dad name on his birth certificate

I think it's different when the father is unknown or not listed on the birth certificate. Does your son already have his passport?

[phatz31 2]

I think the bigger issue is getting stronger proof of a bona fide relationship.

Regardless of what rights your son's father may or may not have, your son is not leaving the US so I don't see how this has a significant bearing on the application. Your son's father's existence doesn't prevent you from marrying or getting engaged or bringing your fiance here.

After a denial, some people choose to build a stronger case and refile while others choose to fly to the beneficiary's country to get married and go the CR-1 route. Either way work on your evidence.

I know this must be hard for you. All the best!

I think it's different when the father is unknown or not listed on the birth certificate. Does your son already have his passport?

no,not yet i was planning to go the begining of january

[MrsMahir2010 0]

that's crazy,am taking my son to jamaica in march,do i need his dad approval? there is no dad name on his birth certificate

My understanding is that you do not need his permission if his name is not on the birth certificate. This is for passport purposes...is that what youre asking?

[MrsMahir2010 0]

I think the bigger issue is getting stronger proof of a bona fide relationship.

Regardless of what rights your son's father may or may not have, your son is not leaving the US so I don't see how this has a significant bearing on the application. Your son's father's existence doesn't prevent you from marrying or getting engaged or bringing your fiance here.

After a denial, some people choose to build a stronger case and refile while others choose to fly to the beneficiary's country to get married and go the CR-1 route. Either way work on your evidence.

I know this must be hard for you. All the best!

I think it's different when the father is unknown or not listed on the birth certificate. Does your son already have his passport?

I am not sure what the CO was talking about as far as my son goes. I wish we could move to Morocco! That was our plan to begin with. I already had a job lined up, an English speaking school for my son, and we already have a home there. My sons passport is the thing that is stopping us. It is very hard... Do you know what I need to do next as far as the Visa goes? Or should I just reapply? Im so confused... Thank you for your help.

[Dan & Jenni 457]

He wanted myself and my son to live in Morocco, but since I cant get my sons passport, we cant go.

while i cant give you any advice i do sympathise and understand how you must be feeling right now. jenni is from GA and has two young children and their father is an #######. he wont let them leave the US to visit me on vacation, we have no other option than for me to move to the US if we want to be together, and it seems like he has far more say in things than he should have considering the reasons for jenni and his divorce. some of GA's laws seem very biased towards the man if you ask me.

good luck

[MrsMahir2010 0]

Custody laws: http://www.divorcelawinfo.com/states/ga/gacustody.htm according to that link the mother has sole custody if unmarried but he can challenge it. Also here: http://www.merchantcircle.com/blogs/Kitchens.And.New.LLC.Family.Law.678-262-2275/2010/2/Unmarried-Parents-and-GA-Child-Custody-/510889 if you search the last link for the words "birth certificate" it mentions how it doesn't matter that he's on the birth cert.

This is wonderful information, and I want to thank you. Unfortunately, when it comes to getting my sons passport, state laws do not matter. I really wish they did. My son and I would be in Morocco right now with my fiance...and we would have the FAMILY that we both want so dearly!

[MrsMahir2010 0]

while i cant give you any advice i do sympathise and understand how you must be feeling right now. jenni is from GA and has two young children and their father is an #######. he wont let them leave the US to visit me on vacation, we have no other option than for me to move to the US if we want to be together, and it seems like he has far more say in things than he should have considering the reasons for jenni and his divorce. some of GA's laws seem very biased towards the man if you ask me.

good luck

Thank you, and I wish you and your fiance the best!! The GA laws dont really matter in our case...its the federal laws that are keeping us from our loved ones!! Everything will work out though! Good luck!

[VanessaTony 3,567]

This is wonderful information, and I want to thank you. Unfortunately, when it comes to getting my sons passport, state laws do not matter. I really wish they did. My son and I would be in Morocco right now with my fiance...and we would have the FAMILY that we both want so dearly!

My suggestion would be going to court and getting the sole custody official (this would enable you to get the passport), or at least speaking to them about the requirements for the passport (they might have something special/different that might mean not paying fees). I would suspect they've dealt with this before and would be able to tell you what to do. It might take a little time, and probably a bit of money for court fees but you'll get it sorted out I'm sure.

[canadian_wife 1,823]

Custody laws: http://www.divorcelawinfo.com/states/ga/gacustody.htm according to that link the mother has sole custody if unmarried but he can challenge it. Also here: http://www.merchantcircle.com/blogs/Kitchens.And.New.LLC.Family.Law.678-262-2275/2010/2/Unmarried-Parents-and-GA-Child-Custody-/510889 if you search the last link for the words "birth certificate" it mentions how it doesn't matter that he's on the birth cert.

Sole custudy is different that the father having NO rights isn't it? That was the argument I was making, not the custody arrangement.

But thanks for the education

[phatz31 2]

My understanding is that you do not need his permission if his name is not on the birth certificate. This is for passport purposes...is that what youre asking?

yes