Appeal denial ok K1 visa

[KayDeeCee 4,893]

(off topic quote and comment removed- VJ Moderation)

And I agree, this thread has gone way off topic. Apologies to the OP.

Edited May 30, 2014 by Kathryn41
to remove off topic content

[Kathryn41 3,205]

thread closed for review.

After review, I am re-opening this thread for the OP's benefit.

I have gone through and removed pages of off topic posts and posts with extraneous,irrelevant and misleading information. I have also edited many more posts to remove extraneous and irrelevant information and retaining only the content that directly relates to the OP's situation. I have also done some housekeeping, tidying up some inadvertent double and triple posts that look like VJ hiccoughed while they were posting.

I am also issuing a warning. Stay on topic. Do NOT bring in extraneous commentary that has no immediate relevance to the OPs exact situation. Do not speculate. Do not introduce red herrings. Check the accuracy of your posting as misinformation can have serious repercussions. Please be respectful of the OP and her situation - this is her thread and her concerns and is not a bandwagon for anyone else's personal agendas. If you wish to discuss any cases or circumstances or experiences or past history, then please start your own thread and do not derail the OP's thread.

Any further posts that do not restrict themselves to the OPs immediate circumstances or adds confusion or misdirection or extraneous content that provides no useful additional information for the OP will be removed and result in a thread ban for the poster.

Edited May 30, 2014 by Kathryn41

[jan22 2,941]

Okay, I wasn't going to add anything to this, as it seemed to be going all over the place, but I can't help myself.

I think urging a push for a second interview is pretty useless at this point -- the interviewing officer and their supervisor have already gone over the case; it is highly unlikely that a second interview a) would be granted, or b) result in a different decision even if it was granted. A congressional representative pushing for one will not change the visa officer's opinion. All they need to say in response is that a senior officer reviewed the decision and it was consistent with US law. And a lawyer will not win an appeal of the case, either. Added to that the time it would take for any of these actions, and it seems like a waste of time and money, IMO.

As others have pointed out, the refusal was not because of the date on which you got engaged -- it was because they did not believe that there was a true relationship and the visa was sought only for immigration purposes. I'M NOT SAYING THIS IS THE CASE -- but if you read one of the OP's messages where she describes the relationship, if does not read like a love relationship. The information was all about how long they families have known each other, how they grew up together, how they lived close to one another all of their lives, how they went to school together -- all things you could say about a good friend or brother -- not the love of your life. There is nothing about when they realized they fell in love, how they can't wait to start their lives together, etc., etc. that the visa officer would usually see/expect to see. Again, I know this is not necessarily the case, but trying to present it from the visa officer's perspective. Personally, I married my best friend in the world, so I understand how these factors can solidify a marriage -- but it's not the kind of descriptors that a visa interviewer is going to expect to see/hear.

New K1 petition or get married and file for a CR-1, as others have proposed, seem like the best, quickest options -- again, IMO.

Edited May 30, 2014 by jan22

[Ebunoluwa 6,136]

Okay, I wasn't going to add anything to this, as it seemed to be going all over the place, but I can't help myself.

I think urging a push for a second interview is pretty useless at this point -- the interviewing officer and their supervisor have already gone over the case; it is highly unlikely that a second interview a) would be granted, or b) result in a different decision even if it was granted. A congressional representative pushing for one will not change the visa officer's opinion. All they need to say in response is that a senior officer reviewed the decision and it was consistent with US law. And a lawyer will not win an appeal of the case, either. Added to that the time it would take for any of these actions, and it seems like a waste of time and money, IMO.

As others have pointed out, the refusal was not because of the date on which you got engaged -- it was because they did not believe that there was a true relationship and the visa was sought only for immigration purposes. I'M NOT SAYING THIS IS THE CASE -- but if you read one of the OP's messages where she describes the relationship, if does not read like a love relationship. The information was all about how long they families have known each other, how they grew up together, how they lived close to one another all of their lives, how they went to school together -- all things you could say about a good friend or brother -- not the love of your life. There is nothing about when they realized they fell in love, how they can't wait to start their lives together, etc., etc. that the visa officer would usually see/expect to see. Again, I know this is not necessarily the case, but trying to present it from the visa officer's perspective. Personally, I married my best friend in the world, so I understand how these factors can solidify a marriage -- but it's not the kind of descriptors that a visa interviewer is going to expect to see/hear.

New K1 petition or get married and file for a CR-1, as others have proposed, seem like the best, quickest options -- again, IMO.

We have established numerous times that a second interview may not be granted, we also have established that if granted a second

interview, it may not have a positive outcome.

We further have repeatedly stated that a representative pushing for a second interview will not change the officers opinion.

What we did establish is that a congressional inquiry MAY grant the beneficiary a second interview and MAY have a positive

outcome if he is able to convince the CO that they have a bona fide relationship this time around. I have seen it before and it worked.

Not often but why not try even if you have 1 chance out of 10 ?!

Of course an appeal is useless. However, pushing for a second interview is not useless, there is no wasting time because this can be

accomplished in days. There is plenty of time to multitask, getting ready to re file AND taking the time at hand to try for a second

interview which would take a couple of weeks at best, perhaps only days because once the petition is returned that is it.

Please do not discourage the senatorial inquiry as a waste of time. It is not. It is an effort however small, to get an approval.

There is nothing to lose by trying.

[RP&SP 8]

Okay, I wasn't going to add anything to this, as it seemed to be going all over the place, but I can't help myself.

I think urging a push for a second interview is pretty useless at this point -- the interviewing officer and their supervisor have already gone over the case; it is highly unlikely that a second interview a) would be granted, or b) result in a different decision even if it was granted. A congressional representative pushing for one will not change the visa officer's opinion. All they need to say in response is that a senior officer reviewed the decision and it was consistent with US law. And a lawyer will not win an appeal of the case, either. Added to that the time it would take for any of these actions, and it seems like a waste of time and money, IMO.

As others have pointed out, the refusal was not because of the date on which you got engaged -- it was because they did not believe that there was a true relationship and the visa was sought only for immigration purposes. I'M NOT SAYING THIS IS THE CASE -- but if you read one of the OP's messages where she describes the relationship, if does not read like a love relationship. The information was all about how long they families have known each other, how they grew up together, how they lived close to one another all of their lives, how they went to school together -- all things you could say about a good friend or brother -- not the love of your life. There is nothing about when they realized they fell in love, how they can't wait to start their lives together, etc., etc. that the visa officer would usually see/expect to see. Again, I know this is not necessarily the case, but trying to present it from the visa officer's perspective. Personally, I married my best friend in the world, so I understand how these factors can solidify a marriage -- but it's not the kind of descriptors that a visa interviewer is going to expect to see/hear.

New K1 petition or get married and file for a CR-1, as others have proposed, seem like the best, quickest options -- again, IMO.

when answering those I believe I was answering someone and also I do blame myself for not being there as I know there is more that could of been done. what ever Happens now is in God's hand. if we get the second interview we have a surprise we just found out that may help clarify all this. and if not then We will due the wedding in Haiti and file and the surprise will be Crying in there ears by the time the next interview comes. funny how just the other day someone asked me a question about that in this thread and I said we are not ready. anyways it's hard and sucks but I can only move forward. still waiting on senators response. thanks everyone for there advise. God bless and I will keep you posted

[jan22 2,941]

Please do not discourage the senatorial inquiry as a waste of time. It is not. It is an effort however small, to get an approval.

There is nothing to lose by trying.

Sorry, but I'm as entitled to express my opinion as you are to disagree with it. If the inquiry was to find out, for example, the reason for the refusal -- fine, you would likely get some new information. As I indicated, this is my opinion -- a request for a second interview coming from a senator is highly unlikely to have any impact what-so-ever. Especially since, it is highly likely that if the case has not already left the Embassy and is en route back to NVC, it would be by the time the senator is contacted and they then contact the Embassy. And, actually, there is something to be lost -- time waiting for a response.

Again -- this is my opinion, which is at least as valid as anyone else's on the forum. I just wanted to encourage the OP to focus on activities more likely to generate results as quickly as possible -- sounds like she really needs to do that based on her most recent post. I wish her the best of luck.

Edited May 31, 2014 by jan22

[Ebunoluwa 6,136]

Activities to generate results as quickly as possible may be your opinion but she will not hop on a plane tomorrow to race over there to marry. While she is making plans for that she can certainly multitask and try a senatorial inquiry. Unless you have a crystal ball to predict the future and outcome I emphasize that it is not a waste of time and perfectly sensible. OP has been adviced that the next few days are crucial to get it done before the case goes back. A few days of trying is the best thing to do for now. It would be quite silly not to and waste this opportunity as small a chance as it may be. As I said it has worked before in a few other cases and if some still were not approved they gained more insight into how to put a quality petition together addressing the flags. That trumps any mad rush to re file.