Unstated Consular Requirements for Fiance Visa

[TNJ17 1,329]

I seriously doubt they said all that as official reason for denial. You may believe what you want to believe as to why they denied you but truth of the matter is they did and they attached a legitimate official reason for it. And it’s seriously hard to believe that the current administration, as wrong and stupid as they are, had anything to do with it when 9/10 visas on this website are for spouses or future spouses from the Philippines. You may dwell on it as you want but that won’t get you anywhere. I’ve given you options on what you should do next. 

Edited September 3, 2018 by TNJ17

[Erol G 2]

Well I hope this discussion post can help consumers make informed decision. Possibly, get an attorney right away before filing anything. And you actually need one here in the US and in the other, target country. That is the reality. You cannot expect your visa to be approved through compliance with the stated immigration laws. 

[Daisy.Chain 317]

Actually, there is no law that they have to approve petitions, even if the couple met all the requirements. If the officer feels that something is wrong, he has the full legal authority to deny the petition. This happened to you, unfortunately. Also, I understand your frustration, but trying to prove that USCIS was wrong isn't going to get you anywhere and might make things worse.

 

Lawyering up won't help unless you have a complicated issue you need to sort through. This one looks simple enough - take a few deep breaths, fly to the Philippines to get married, then apply for a spousal visa. Alternatively, you could move there to be together.

 

Wish you the best.

[Erol G 2]

Daisy Chain--I heard about that, and that is actually not at all limited to the issuance of visas. Driving is actually a privilege as well, yet millions and millions of people drive successfully, have driver licenses issued to them, and obviously have vehicles registered in their name. That is why I am now stating that you probably should consult with an attorney, just as someone who has driving privileges revoked and wants them reinstated would probably have to do. Obviously the expectation is that if you walk into a car dealership with the necessary funding and authorization to drive that you will be able to purchase a vehicle. That is the impression from which I departed. Most people do get their driving privileges reinstated if they go through the necessary legal process. 

[Shiran 1,134]

32 minutes ago, Erol G said:

Well I hope this discussion post can help consumers make informed decision. Possibly, get an attorney right away before filing anything. And you actually need one here in the US and in the other, target country. That is the reality. You cannot expect your visa to be approved through compliance with the stated immigration laws. 

To be honest, I am not sure how having attorney helps with Embassy/interview part of the process? I can see benefit for having a 2nd set of hopefully trained eyes going over 129F packet, and whatever other docs, but during interview you just have to (honestly) answer questions that are presented to you. I suppose maybe if you remember to engage them for routine life decisions, such "Is it acceptable for fiancee family to help me with my travel expenses?"

 

I am not sure how accurate this list is but Philippines is on the list of "high fraud" countries, which probably warrants extra scrutiny. 

 

To be honest, without being any sort of legal professional, I find your post different to truly comprehend, possibly due to your writing style. You also seem to NOT quite answer questions about what happened on interview, don't they have to give you a form specifying reason for denial? 221(g)? 

Edited September 3, 2018 by Shiran

[debbiedoo 2,339]

6 hours ago, Erol G said:

It is infamously known the Trump administration placed a ban

 

They took those documents and then turned her away that she needs to present more emails between her and me, and some additional photos.

 

I keep on hearing now from my attorney and also the State Department that the approved USCIS petition is completely separate from the embassy process. In addition to the fact the website at travel.state.gov specifically outlines the intricate degree to which USCIS and the embassy coordinate for the visa, the strong impression then arises why the embassy even requires the USCIS petition if they are now more geared toward disproving its legitimacy.

 

Here and on related sites, I often observe posts that consular officers can and will only reject a visa if a serious issue has been disregarded. I'd insist there was no "serious" issue apart from what they apparently invented just to get it dismissed as fraud.

 

3

okay so... you werent there, we werent there none of us were there. All that any of us know, based on your comments, is essentially, they do not believe it to be a bonafide relationship (that is what it boils down to).  You will have to refile, either as a K1 or a CR1 and overcome that obstacle. There is no rule stating that family or friends or anyone can not help with travel expenses but ... how much did it come out to and how often? Did you receive cash in excess of the cost of the trip? Any other perks or benefits? Obviously, your fiance said SOMETHING in the interview that the interviewing officer had an issue with. It is NOT common in the PI for the beneficiary or family to have the means to even help with a trip. while its certainly not forbidden, in that culture, it is VERY rare for them to have those resources. Overcome those obstacles.

 

USCIS is (basically) to make sure the US Citizen qualifies and the most basic of requirements for the K1 have been satisfied. The Consulate determines the legitimacy of the relationship and verifies the beneficiaries background and documents.  They really don't work together, as they each have very different jobs and a part of the process.

 

Consular officers can reject for ANY reason. Entry to the US is not guaranteed for anyone, except USC, and immigration is not guaranteed or any kind of 'right'.

 

How many times had you met?

How long had you known her?

What EXACTLY is your relationship between you, the person you met her through, and her? What EXACTLY were you given money for and how much and when and by whom?

What kinds of evidence (other than emails and a few photos) did you submit?

 

PI is actually a pretty easy consulate from everything I see on here and the sheer number of beneficiaries from there I see on here. There is no great conspiracy against the Phillipines. And I'm not a Trump supporter, so don't try to go there. As I said, in order to get any petition approved, you will have to overcome what they view as the issue. 

[Erol G 2]

It isn't directly on the list, but it is true there is more fraud in Philippines as it is a developing country. 

[debbiedoo 2,339]

3 minutes ago, Shiran said:

To be honest, I am not sure how having attorney helps with Embassy/interview part of the process? I can see benefit for having a 2nd set of hopefully trained eyes going over 129F packet, and whatever other docs, but during interview you just have to (honestly) answer questions that are presented to you. I suppose maybe if you remember to engage them for routine life decisions, such "Is it acceptable for fiancee family to help me with my travel expenses?"

 

I am not sure how accurate this list is but Philippines is on the list of "high fraud" countries, which probably warrants extra scrutiny. 

 

To be honest, without being any sort of legal professional, I find your post different to truly comprehend, possibly due to your writing style. You also didn't seem to NOT quite answer questions about what happened on interview, don't they have to give you a form specifying reason for denial? 221(g)? 

 

That's interesting PI is on there. I've never heard mention of it as being a high fraud country, though it's not surprising. It's certainly not to the level of some of those on that list, though.

[Erol G 2]

We did not get a 221g. That is why I am now working with an attorney to withdraw the application. They indicated they found fraud, so that is even more serious.  I just don't see how I committed any explicit fraud based on an approved USCIS petition and having met the articulated guidelines to qualify for the visa. I understand that issuance of a visa is a privilege the way driving is a privilege. But it is also fact that almost anyone will be able to drive if they meet the basic guidelines. Apparently, it has become a strenuous legal process in some situations. No--they did not interview my fiancée. They took her documents and turned her away. She was not given the questioning routine that typically exists. I did not receive any funds in excess of assistance with the traveling for which I could not find a prohibition. I would say the relationship met the stated requirements. But as the title of this thread indicates, there are so many unstated requirements that one may consider getting an attorney to begin with, contrary to what is heard or said elsewhere. 

[Erol G 2]

Getting an experienced, qualified immigration attorney would help actually because they have had a lot of first-hand encounters and experiences with applications that did obtain visa issuance. And they can prod you in the right direction. Well, the unstated reason probably is that the relationship just isn't strong enough. I would like to point out to this that you can't put a cart in front of horse. Obviously, if you are not yet married, then all you can provide are indicators of a successful marriage. People come from different backgrounds and are thus more or less likely to be passionate on pictures, especially if they have experienced bulling etc. 

[Shiran 1,134]

17 minutes ago, debbiedoo said:

 

That's interesting PI is on there. I've never heard mention of it as being a high fraud country, though it's not surprising. It's certainly not to the level of some of those on that list, though.

I strongly suspect this is not any sort of "official" list.  Philippines is by FAR a country that issues the most K1/K2 visas. In 2017 they issued 8432 K visas for Philippines, for comparison, there were only 8272 K visas issued for entire North America (including Mexico and Central America countries) continent.

 

Edited September 3, 2018 by Shiran

[debbiedoo 2,339]

2 minutes ago, Shiran said:

I strongly suspect this is not any sort of "official" list.  Philippines is by FAR a country that issues the most K1/K2 visas. In 2017 they issued 8432 K visas for Philippines, for comparison, there were only 8272 K visas issued for entire North America (including Mexico and Central America countries) continent.

thats kinda what i thought but was too lazy to look it up

[Erol G 2]

Well, my petition was not approved😢

[Shiran 1,134]

14 minutes ago, Erol G said:

We did not get a 221g. That is why I am now working with an attorney to withdraw the application. They indicated they found fraud, so that is even more serious.  I just don't see how I committed any explicit fraud based on an approved USCIS petition and having met the articulated guidelines to qualify for the visa. I understand that issuance of a visa is a privilege the way driving is a privilege. But it is also fact that almost anyone will be able to drive if they meet the basic guidelines. Apparently, it has become a strenuous legal process in some situations. No--they did not interview my fiancée. They took her documents and turned her away. She was not given the questioning routine that typically exists. I did not receive any funds in excess of assistance with the traveling for which I could not find a prohibition. I would say the relationship met the stated requirements. But as the title of this thread indicates, there are so many unstated requirements that one may consider getting an attorney to begin with, contrary to what is heard or said elsewhere. 

Interesting. So was it sent to consulate and denied there without an interview? I am really curious what made them do that while USCIS approved it, which would mean you passed whatever background checks USCIS runs on your as US citizen. How did you find out that was the case?

[Erol G 2]

I check case status frequently and consult with my fiancé in Philippines as much as possible. The recommendation is to wait 90 days after initial interview or submission of requested additional materials before getting an attorney. That has now passed, and the attorney states it is high-time to withdraw it due to the fraud claim. So don't wait too long expecting something to happen.