Older spouse- denied without US spouse interviews

[TBoneTX 43,061]

The advice given in this thread is largely good, but unless I'm misreading things terribly, all but Brother Darnell are missing the central issue.

An "extended fraud interview" usually means a Stokes interview, wherein the couple attends together and are grilled separately, and their answers are compared.

It appears that the OP/petitioner was not physically present for the beneficiary's interview, so this would not have been a typical Stokes interview.

The OP/petitioner was not called (by phone) by the CO.

Accordingly, the reasoning in the refusal letter is faulty, and Darnell is correct that this was a glaring procedural error that could work to give the couple a second chance, if the U.S. Congressman's immigration liaison staffer is involved immediately.

Furthermore, such a blatant error by a CO could come back to bite that CO, and rightfully.

[Aisha& Wajid 10]

Hey.

i also face the same situation i went for interview on 29 june 2012 and i also get the 212(a)(5)(a) and i also dont have any ticked box for appeal they didnt take the interview of my husband who is my petioner he is also very upset i am completely broke down and i am also crying i am not able to do any work my mind is completely absent .over there my husband is also in disbelife position and he finally ready to hire lawyer for this case.I dont know what to do now.

[EAbbas 213]

Hey.

i also face the same situation i went for interview on 29 june 2012 and i also get the 212(a)(5)(a) and i also dont have any ticked box for appeal they didnt take the interview of my husband who is my petioner he is also very upset i am completely broke down and i am also crying i am not able to do any work my mind is completely absent .over there my husband is also in disbelife position and he finally ready to hire lawyer for this case.I dont know what to do now.

Was it the same type of interview experience? Did the CO say they interviewed you both but never did?

If this is the exact situation of the OP Darnell suggested the right path on post #24 YOU MUST GET A SENATOR/CONGRESSMAN involved right away!!!! This could help in getting the case reviewed and the case to stay at the embassy... follow his advice to the letter!!!!

[Aisha& Wajid 10]

Was it the same type of interview experience? Did the CO say they interviewed you both but never did?

If this is the exact situation of the OP Darnell suggested the right path on post #24 YOU MUST GET A SENATOR/CONGRESSMAN involved right away!!!! This could help in getting the case reviewed and the case to stay at the embassy... follow his advice to the letter!!!!

hi

no she didn't say she take interview both of us and yes she ask me lot of questions and because my husband didn't come since 15 moth since our marriage she put this clue i have a proof of wedding pictures,he send me gifts,we talk daily on Skype and on phone even i talk to him on my cell too.our families meet frequently and i use to talked to my mother in law very frequently.i send him gifts.our i-130 approved, AOS approved,all the NVC process approved we face no objection at any time.i feel that i may face brain hammoriage if this problem will not sort out quickly.i show her all my album.but i dont know why this happen i am completly lost now.

[EAbbas 213]

Then your best bet is to get your senator involved ASAP

You won't have the same issues as the op did as her information said they took interview of both beneficiary and petitioner so you won't have the same situation / or response

But you should involve the senator/congressman now to try to keep the case at embassy and any thing you can think of that would make them think this you should address immediately with their office

[heartandsoul 4]

Thanks to EVERYONE for the fabulous advice. You are all amazing and we can't thank you enough. I apprreciate your support and I don't know what I would have done without it. You gave me the strength to pull myself together and go out and make justice happen hopefully. I still cry but I am strong and I am out of shock and into action mode. We love each other too much to just cave in. I am following the Senator route right now and have submitted my paperwork to them.

On a sidenote:

Odd that there were 3 interviews this week (that were known on here) and all 3 of us were denied with the same code 212(A)(5)(A). Most men were denied that was witnessed there by our spouses during their time there and not even giving AP to any of them. Please EAbbas add me to your AP tracker or do you think that I should start another one just for denials from ISL Embassy?

[Aisha& Wajid 10]

Thanks to EVERYONE for the fabulous advice. You are all amazing and we can't thank you enough. I apprreciate your support and I don't know what I would have done without it. You gave me the strength to pull myself together and go out and make justice happen hopefully. I still cry but I am strong and I am out of shock and into action mode. We love each other too much to just cave in. I am following the Senator route right now and have submitted my paperwork to them.

On a sidenote:

Odd that there were 3 interviews this week (that were known on here) and all 3 of us were denied with the same code 212(A)(5)(A). Most men were denied that was witnessed there by our spouses during their time there and not even giving AP to any of them. Please EAbbas add me to your AP tracker or do you think that I should start another one just for denials from ISL Embassy?

hi there

yes its really very odd that 3 of us dined with same code.I am still in shock and still crying my husband is in action mode he hire a lawyer and submitted the paper work to the senator as well .You know we also love each other very much and now its hard for us to live separately home means every thing to me .may God help him and EAbbas thanks for helping me plz be in touch that give me strength in this tough time.i miss my husband very much.still cant collect my self.and still crying while writing all this.

[Why_US 0]

hi there

yes its really very odd that 3 of us dined with same code.I am still in shock and still crying my husband is in action mode he hire a lawyer and submitted the paper work to the senator as well .You know we also love each other very much and now its hard for us to live separately home means every thing to me .may God help him and EAbbas thanks for helping me plz be in touch that give me strength in this tough time.i miss my husband very much.still cant collect my self.and still crying while writing all this.

Hi, i am sorry and very concerned about that. Is your husband original from Pakistan also.

Edited July 3, 2012 by Why_US

[Ebunoluwa 6,136]

Thanks to EVERYONE for the fabulous advice. You are all amazing and we can't thank you enough. I apprreciate your support and I don't know what I would have done without it. You gave me the strength to pull myself together and go out and make justice happen hopefully. I still cry but I am strong and I am out of shock and into action mode. We love each other too much to just cave in. I am following the Senator route right now and have submitted my paperwork to them.

On a sidenote:

Odd that there were 3 interviews this week (that were known on here) and all 3 of us were denied with the same code 212(A)(5)(A). Most men were denied that was witnessed there by our spouses during their time there and not even giving AP to any of them. Please EAbbas add me to your AP tracker or do you think that I should start another one just for denials from ISL Embassy?

Marc Ellis had the following to say concerning the 212(a)(5)(a)which stands for Labor Certificate.

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

So DOS uses 212(a)(5)(A) as a ground to refuse a family or K1 visa. It doesn't seem logical. But make a note

of it and save it for future reference. In my experience, these are not fatal. They are somewhat analogous to 221(g)

refusals and they can eventually be overcome.

[Darnell 8,478]

I've not heard of this one in some time:

212(a)(5)(a)

but it was used for K-1 visa denials in Guangzhou for almost 4 years - the last I heard of it was circa March 2010..

I've not heard of it being used there since, though.

Guangzhou isn't Islamabad - I wonder if the Visa Officer that issued those in Guangzhou has transferred to Islamabad ?

re: Marc Ellis - ya, I read that ages past - it's a procedural thing that the Visa Officers in Guangzhou did with much frequency.

[Aisha& Wajid 10]

Hi, i am sorry and very concerned about that. Is your husband original from Pakistan also.

yes is originally from Pakistan but he is legally there since 21 years.

[Ebunoluwa 6,136]

I've not heard of this one in some time:

212(a)(5)(a)

but it was used for K-1 visa denials in Guangzhou for almost 4 years - the last I heard of it was circa March 2010..

I've not heard of it being used there since, though.

Guangzhou isn't Islamabad - I wonder if the Visa Officer that issued those in Guangzhou has transferred to Islamabad ?

re: Marc Ellis - ya, I read that ages past - it's a procedural thing that the Visa Officers in Guangzhou did with much frequency.

Yes, and it seems to be starting again, this time in Islamabad. We have to keep an eye on it to see what happens. It is a rather

sneaky way of refusal in a round about way and through the back door.

What people need to do is pay more attention to the number/letter markers on their sheet of paper and go from there to know the reason for refusal.

Unless there is a pending work visa at the same time that there is a family petition then it means the CO doesn't believe the

relationship is real and the focus has to be on overcoming that. Frequent trips to visit with documentation and photos are one of the best proofs.

I've not heard of this one in some time:

212(a)(5)(a)

but it was used for K-1 visa denials in Guangzhou for almost 4 years - the last I heard of it was circa March 2010..

I've not heard of it being used there since, though.

Guangzhou isn't Islamabad - I wonder if the Visa Officer that issued those in Guangzhou has transferred to Islamabad ?

re: Marc Ellis - ya, I read that ages past - it's a procedural thing that the Visa Officers in Guangzhou did with much frequency.

CO's do relocate so yes, perhaps it is the same one lol.....

[heartandsoul 4]

The answer to your question Why_Us is YES, my husband was born in Pakistan. I hope that you are doing well and keep in touch.

I was telling someone that it warms my heart that there are people on here with their own issues as well as others that have completed the process and yet they are so kind to take the time to help others. What an amazing group of people. Through all of my sadness right now that makes me feel good.

[EAbbas 213]

The answer to your question Why_Us is YES, my husband was born in Pakistan. I hope that you are doing well and keep in touch.

I was telling someone that it warms my heart that there are people on here with their own issues as well as others that have completed the process and yet they are so kind to take the time to help others. What an amazing group of people. Through all of my sadness right now that makes me feel good.

I added you to our Islamabad tracker but I don't want to do a denial section because we are praying that those denials turn into approvals!!! stay strong!!!!

[Aisha& Wajid 10]

I added you to our Islamabad tracker but I don't want to do a denial section because we are praying that those denials turn into approvals!!! stay strong!!!!

EAbbas plz also add me in your tracker i will be thankful.and yes we also need your and everyone prayers.its Really hard time for atleast me 6 days and i am still crying badly.I feel like i torn into millions of pieces.Hard for me to be strong no response from attorney as she said she will give appt as soon as she have time.