K1 Second interview- No decision (merged)

[Calisbest510786 3]

Hi VJ members,

 

I am new to this platform so please excuse any errors or lack of info.

 

Case-My fiancé is 7 years older than me and she has 5 children. She is widowed and her late husband was helping the afg govt against the Taliban when a suicide bomber killed him and others. We met as we are related and I fell in love with her resilience and faith.

 

Formal engagement through family and visit to afg. Proof with Pictures and flight provided. All cultural formalities were completed related to the norms and customs of the country

 

First interview was smooth March of 2020 with an American consular and translator. 4-5 general questions and answers were given.  Was sent to AP due to medical examination needed for all of them. Medical exams completed and passports given back to embassy and sent over and then in AP for almost a year.

 

Second interview was yesterday and it was terrible. This time it was an Afghan Consular who asked for 10 phone numbers of relatives and called each one because they were suspicious of her late husbands death and children's ages. For some reason, they were convinced that one of her daughters is much older than her age and is married. Specifically telling her she was 4 or maybe 5 years older (very strange).. They asked my fiancé to swear on her daughters life and said they would conduct a physical to see if she was a virgin. She told them they could conduct any physical they needed at any hospital and that they would see she is not married. They went to the extent of telling her to sign a statement that she lied about her children's ages and the documents were fake and if she did they would approve her case on the spot because she admitted her lie and was honest. Obviously she did not sign it and firmly stood her ground. 

 

Everyone they called also confirmed the death of her late husband and children. There were also death certificates and several news articles provided.  Its also strange because they all have passports they submitted which is not something that is fake..

 

They separated the children as well and kept asking the daughter to admit that she was married. They went in to her room and told her that her mother just admitted that she was married and that she should confess, to which she replied, "why would my mother lie, I am not married I do not believe you." My fiancé had never said that.

 

They then asked the children how they identified their fathers remains after the explosions and if he was in a pieces or whole.. at this point one daughter cried and said, "how dare you ask me that type of question, do you have no heart." and then the consular apologized and moved on.

 

My fiancé along with her children answered all of the questions the same and all of them were obviously upset and humiliated.

 

After persistently interrogating all of them, and my fiances refusal to sign the statement, they simply said.. the interview is complete.. no rejection or approval. Passports were not given back.

 

I am still in absolute shock and at this point I am not sure if I should withdraw the application and go get married, or hire a lawyer. I wish I could do something about the treatment but no surprise when the second interview consular is a cruel local afghan man.

 

I did know the age gap would be brought into question but did not think it would be so offensive and humiliating for them to experience this.

 

Has anyone experienced something like this with a second interview for Kabul Embassy?

Edited March 30, 2021 by Penguin_ie

[HKS 169]

Im very very sorry and shocked that they had to go through this.  I would definitely consult with a lawyer. Even in non complicated cases of spouses/fiancés of middle eastern countries/certain Asian countries immigration is extremely difficult and long. You will continue to have problems. 
I just filed lawsuit with Jim Hacking. They are familiar with middle eastern and asian challenges. He is one of many lawyers, but a lot of people on VJ have used his services. He has a u tube channel as well. 

https://hackinglawpractice.com/?utm_source=GMBlisting&utm_medium=organic

 

Inshallah everything will be ok. I wish u the best. 

[Calisbest510786 3]

27 minutes ago, HKS said:

Im very very sorry and shocked that they had to go through this.  I would definitely consult with a lawyer. Even in non complicated cases of spouses/fiancés of middle eastern countries/certain Asian countries immigration is extremely difficult and long. You will continue to have problems. 
I just filed lawsuit with Jim Hacking. They are familiar with middle eastern and asian challenges. He is one of many lawyers, but a lot of people on VJ have used his services. He has a u tube channel as well. 

https://hackinglawpractice.com/?utm_source=GMBlisting&utm_medium=organic

 

Inshallah everything will be ok. I wish u the best. 

Thank you I appreciate the support. I have reached out to a lawyer as well. Thanks

[Ryan H 3,790]

Moved from Process & Procedures to Progress Reports.

[Calisbest510786 3]

Does Fraud Protection Unit (FPU) make a decision at the end of interview/interrogation regarding denial or approval of visa? 

[SalishSea 16,770]

29 minutes ago, Calisbest510786 said:

Does Fraud Protection Unit (FPU) make a decision at the end of interview/interrogation regarding denial or approval of visa? 

I'm sure if the case requires their involvement, then yes.

[TBoneTX 43,057]

By "Afghan Consular," do you mean a Foreign Service National / Locally Engaged Staff member who conducted the interview, and that an American consul wasn't present?  That's what happened with Mrs. T-B.-to-be and me.

 

No lawyer can help you, almost assuredly.  Unless other details apply, your only hope (in my view) is to try to reach the IV Section Chief (Immigrant Visa unit) directly by phone, or perhaps by e-mail (with "for the IV Section Chief directly re [add your fiancee's A#]" in the Subject line.

 

I would hold off on the above in case some more-knowledgeable members reply here.

-------

Not to dilute your issue, but for the reading horror of others, the first several pages of this thread describe just some of what I and my contemporaries went through at a terribly mismanaged consulate:

http://www.visajourney.com/forums/topic/110313-us-consulate-in-guayaquil-ecuador/

 

And here is a shorter thread from a buddy (a contemporary) who got hosed worst of any of us:

http://www.visajourney.com/forums/topic/180306-guayaquil-consulate-administrative-process/
 

The lesson to all is to treat the consular phase of this process as absolutely the most crucial.

[SalishSea 16,770]

On 3/25/2021 at 1:01 PM, Calisbest510786 said:

We met as we are related

How are you related?  This can be problematic for immigration.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[HKS 169]

A lawyer can help with the usual problems in that area of the world is what I meant. There will be other problems. 
Also, it is very common and consistent with social norms to marry a cousin. They will know that. Idk about others. 

[Calisbest510786 3]

8 hours ago, TBoneTX said:

By "Afghan Consular," do you mean a Foreign Service National / Locally Engaged Staff member who conducted the interview, and that an American consul wasn't present?  That's what happened with Mrs. T-B.-to-be and me.

 

No lawyer can help you, almost assuredly.  Unless other details apply, your only hope (in my view) is to try to reach the IV Section Chief (Immigrant Visa unit) directly by phone, or perhaps by e-mail (with "for the IV Section Chief directly re [add your fiancee's A#]" in the Subject line.

 

I would hold off on the above in case some more-knowledgeable members reply here.

-------

Not to dilute your issue, but for the reading horror of others, the first several pages of this thread describe just some of what I and my contemporaries went through at a terribly mismanaged consulate:

http://www.visajourney.com/forums/topic/110313-us-consulate-in-guayaquil-ecuador/

 

And here is a shorter thread from a buddy (a contemporary) who got hosed worst of any of us:

http://www.visajourney.com/forums/topic/180306-guayaquil-consulate-administrative-process/
 

The lesson to all is to treat the consular phase of this process as absolutely the most crucial.

Thanks, I’ll take a look at these threads. I actually went back to the interview request email and noticed it was sent from KabulFPU.

So I’m assuming my fiancé’s background is being investigated because mine was clear and no real questions about our relationship were asked during the second interview. They kept asking about her late husband and children’s ages. also, the 10 phone numbers they called also were only asked where her husband is and how old her children are. All said he was martyred and children were small/unmarried at home.

And yes, it was a local staff member and there was no American Consul present.

 

The more I think about the types of tricks they tried to play on her and the children, the more enraged I get. I am so glad they all stood their ground and did not sign anything.

 

I have contacted 2 lawyers but they have advised that I wait at least one month before taking any steps. To see if there is any response from the embassy. They have all of their passports so hoping it doesn’t end up in a black hole and there is some traction.

 

really regretting just not getting married. It is my first marriage and i wanted a big ceremony. Not normal customs in Afg for a widowed woman to have a large party for second marriage so I decided to go k1 route in hopes of having the ceremony in the US. Completely regretting that decision now!

[Calisbest510786 3]

8 hours ago, Jorgedig said:

How are you related?  This can be problematic for immigration.

It is more common in Afghanistan to marry a relative than not. They did not question this fact. They were more interested in testing whether her late husband was alive and children’s ages.

[Villanelle 4,121]

This is a very odd question with no context. If you are aware of FPU being involved in your case you need an attny. They dont just randomly get involved nor do they waste their time doing random interviews/interrogations. When they do open an investigation they will gather information in various ways - interviews, reviewing records, home visits, etc and then a decision will be made on how to proceed. So yes, if the interrogation was the final piece maybe afterwards it moves forward as a denial- or maybe the interrogation led to more questions so the investigation will continue until they obtain all the info they need to move forward or let it go. There is no official step by step guide to conducting an investigation but again if you know you are the subject of an investigation you need an attny.

 

Also just FYI but the FDNS officers (fraud detection and national security) are technically not the ones who make a decision on approving or denying. They are considered an administrative role. They conduct the investigation but they do not make official decisions. Once they complete the investigation they then present it to the ISO (adjudication immigration services officer) who then makes the actual adjudicative decision. In immigration decisions can only be made by ISOs and are then appealed through the courts if needed. 

[SalishSea 16,770]

4 hours ago, Calisbest510786 said:

eally regretting just not getting married. It is my first marriage and i wanted a big ceremony. Not normal customs in Afg for a widowed woman to have a large party for second marriage so I decided to go k1 route in hopes of having the ceremony in the US. Completely regretting that decision now!

The issues they are questioning would be questioned even if you were married.

4 hours ago, Calisbest510786 said:

All said he was martyred

"Martyred"???

[jan22 2,898]

2 hours ago, Villanelle said:

. . .

 

Also just FYI but the FDNS officers (fraud detection and national security) are technically not the ones who make a decision on approving or denying. They are considered an administrative role. They conduct the investigation but they do not make official decisions. Once they complete the investigation they then present it to the ISO (adjudication immigration services officer) who then makes the actual adjudicative decision. In immigration decisions can only be made by ISOs and are then appealed through the courts if needed. 

This paragraph refers to USCIS offices and procedures.  It has nothing to do with interviews conducted by FPUs, which are part of the visa units at US embassies and consulates.

 

The process in visa adjudication is similar, however.  FPUs do not make decisions on visa eligibility or ineligibility. They conduct the investigation and refer the information they have found back to the adjudicating officer in the case, who then uses the information as part of their decision-making in the case.

Edited March 27, 2021 by jan22