Casablanca, You made a big mistake! :'( (merged)

[Faycel and Renee 30]

Wow, so sorry to hear of his denial. Whatever you do DONT GIVE UP! If it were me I would be sending emails to the consulate there in Morocco asking them to please provide you with information on the denial and to tell them that they are wrong in their decision.

I remember when Faycel got his 221(g) I freaked out and began writing the consulate and anyone else I could and I got my answer and approval as fast as I could blink. Now this may work for some and not others but nothing beats a failure but a try !

Im keeping my fingers crossed and prayers ongoing for you and the countless others that are waiting for their loved ones.

[Ebunoluwa 6,136]

You should contact the chief consul a.s.a.p and rattle their cage for a second interview yourself in addition to your representative.

CO's are given the discretionary umbrella of " lack of bona fide relationship " as a canned answer and that is probably the answer

you will get, no matter how many pounds of proof you haul in.

If they refuse to reverse their decision then your petition will be returned and expire. CSC never reaffirms returned K1's. I have not seen

any Texas service center K1 returns reaffirmed as of yet.

You can try another K1 but a CR1 would carry more punch.

I feel you on this because we are on our second k1 currently, wasted 9 months to fight it like crazy. Nothing worked.

We had the same issue with getting married due to paperwork BS with the officials. They say one thing and do another.

You can also do a FOIA now just in case they have a reason they did not want to reveal that you can then address

with your second petition.

[Ebunoluwa 6,136]

Hi Sara,

They did the same thing to me, they actually denied my K1 two times no explanation just a 221G letter, but the third time, i was not questioned at the interview and i was given again 221G but three days later they called me and ask me to bring my passport and i did next day i had my visa in hand. just be patient, and we contacted the senator congress... and they couldn't do anything, because Casablanca embassy kept the file and they did not send it on time, we they finaly send it , it was too late and expired so USCIS requested to file again. So we file three times. last time took only two months, between approval notice and interview data.

and we never knew what the cause of denial, technically it was a denied visa, but not giving visa, that's what the 221G stating we couldn't deny or give you a visa.

You filed a K1 three times or two times and then did a CR1 ? Your timeline says you filed a I-130 ?

[R.bwithlove 1]

First petition the woman officer told him that she did not believe him, so she sent the petition back for further review, the USCIS let it expired sent my daughter a letting her know that expired and she was free to file another petition, my daughter contacted our senator, and she hired a attorney Maney/Gordon my daughter file a 2nd petition with the help of the senator and attorney my future son-inlaw got his interview in Cairo April 28, got his visa issue the next day his visa arrived on May 3,he will arrived on may 22, my daughter is so happy!!! So don't give up keep fighting and hired a good attorney!

[R.bwithlove 1]

I ment my future son-inlaw

[moroccogirlny 100]

You should contact the chief consul a.s.a.p and rattle their cage for a second interview yourself in addition to your representative.

CO's are given the discretionary umbrella of " lack of bona fide relationship " as a canned answer and that is probably the answer

you will get, no matter how many pounds of proof you haul in.

If they refuse to reverse their decision then your petition will be returned and expire. CSC never reaffirms returned K1's. I have not seen

any Texas service center K1 returns reaffirmed as of yet.

You can try another K1 but a CR1 would carry more punch.

I feel you on this because we are on our second k1 currently, wasted 9 months to fight it like crazy. Nothing worked.

We had the same issue with getting married due to paperwork BS with the officials. They say one thing and do another.

You can also do a FOIA now just in case they have a reason they did not want to reveal that you can then address

with your second petition.

I filed a FOIA and never got a response. My Senator also told me that because I made so many inquiries they actually held my case. I refiled a K-1 after 3 years and the 2nd time around was no problem.

[r060106 109]

You should contact the chief consul a.s.a.p and rattle their cage for a second interview yourself in addition to your representative.

CO's are given the discretionary umbrella of " lack of bona fide relationship " as a canned answer and that is probably the answer

you will get, no matter how many pounds of proof you haul in.

I always thought the USCIS has final jurisdiction over whether the relationship is "bona fide", and that the CO can't use that as a reason for a denial without having evidence that did not exist at the time of approval by USCIS? Is that wrong? Maybe I'm a little confused as to how that works or maybe it's just for CR1s.

[shahara2013 16]

I'm so sorry to hear this news. Please keep us updated.

[zawa9 0]

K1 seems not to work in morocco that is why i chose CR1

[Cathi 5,626]

K1 seems not to work in morocco that is why i chose CR1

K-1's work for many in Morocco.

[Ebunoluwa 6,136]

I always thought the USCIS has final jurisdiction over whether the relationship is "bona fide", and that the CO can't use that as a reason for a denial without having evidence that did not exist at the time of approval by USCIS? Is that wrong? Maybe I'm a little confused as to how that works or maybe it's just for CR1s.

No, the USCIS does not have the final say if the relationship is genuine or not. A K1 gets returned and the USCIS lets it expire.

USCIS used to deny returned K1's many years ago and that placed a fraud marker automatically on the couple.

This was fought against in court and since then USCIS allows the cases to expire and they send you a letter saying you

can re file without prejudice. The only benefit is that there is no automatic fraud marker with expiration, they don't reaffirm

nor deny but expire the case.

Regulations state that the CO must have factual evidence to refuse the visa.

They aren't supposed to speculate, make a judgement call on personal bias or make assumptions.

They are not supposed to re adjudicate an approved petition unless there is something that the USCIS was not aware of and

that new evidence surfaced or has been discovered that would render the beneficiary ineligible.

They also have broad discretionary freedom to refuse the visa and here is where it gets grey.

They refuse with "lack of bona fide" which is in many cases the umbrella of whatever the CO perceives, not factual evidence.

We hear day in and day out that plenty of quality relationship evidence gets submitted but still the "lack of bona fide" song and dance

gets played.

What the regulation says and what really goes on are two different things, a grey area shrouded in mystery to say the least, that

leaves thousands of K1 couples baffled. They try again and they succeed. This happens mostly in high fraud countries.

I believe they go by their fraud indicators guidelines set for these countries and lean a bit too heavy on their personal bias.

Therefore no reason can be found out except the canned "lack of bona fide" response if you get one at all.

Examples: Petitioner travels only one time to see beneficiary and a quick engagement happens and they file right away.

In high risk countries this is a red flag as they assume the beneficiary wants only the immigration benefit and not the petitioner.

In European countries it is no problem.

So the "assumption" is already there. The burden of proof is with the beneficiary and if the CO "feels" he is just someone wanting

to immigrate (without having concrete evidence) then bang he gets the "lack of bona fide" ramble.

CO assumes, USCIS expires. Case closed. File again.

With a returned CR1, since it is an immigrant visa and more solid so to speak, they really do need to come up with a reason

and a NOIR/NOID letter has to be send out so the couple can address the issue of the refusal and submit their rebuttal.

While USCIS and DOS can play ping pong back and forth and reaffirm and return, most of the time the CO will approve after

the first reaffirmation. Unfortunately a K1 is weak(er) and gets tossed in comparison.

Some think that the embassy sits on it too long before they return it and that such is the reason it expires,

but it goes to a USCIS warehouse to be stored after it has been returned, then gets pulled for official expiration.

[Karam and Jamie 44]

I question everything now... but I would like to think they would not do this to me.

*sigh* I am so tired of the stinking internet!! It's so crazy to me they are ok with us living like this. We are not going to give up so come on!!

I'm sick of talking on the computer and it has only been a year for my fiance and I. I can't even imagine waiting longerrrrrrrrrr

[BraveAmnay 56]

K-1's work for many in Morocco.

True but since 2009 no

[BraveAmnay 56]

It Happened the same thing with us in 2012 i brought lot of evidences The Co was su rude I felt i was in Police office Not an Embassy .They gave us 221 thne we called them then write them letter .Then they sent it back to uscis very faster to let is expire and that is what happpen ?we got married now we are still waiting on Noa2 over 14 months .We start have feeling The Co wrote something against us .Becasue we dont understand why they make us wait so so long plus recently they answer to our Congressman ,that they are doing addtional background checks !!!!!!!!

[zawa9 0]

not any more trust me

K-1's work for many in Morocco.