Reporting CO to Office of Inspector General

[brevig 28]

Has anyone had any experience reporting a Consular Officer to the Office of Inspector General?

 

I'm planning to do it.  Their website says to first try to work it out with the Embassy, which I'm trying, but they have yet to acknowledge my complaints in the emails I sent (they just give a generic answer saying she was denied), and they haven't responded yet to the complaint I sent last week (so each email I mentioned the misconduct, but then since never addressed, I sent a separate email dedicated to it).  Since in my situation 2 laws were clearly broken, another 2 I can argue were, and 4-5 policies were clearly broken, I'm hoping it will help.  Also, hoping that having a complaint against the officer would give me grounds to request a different officer down the road when we do our CR1 interview (or if somehow I get another K1 interview before then).

 

I have a website I put together showing the laws/complaints and also everything I provided, timeline of communication with emails (sensitive stuff redacted), etc.  Not sure if it breaks the policy to post a link to a site here, but if not, and if anyone is curious, I'd love to post it.  If you look at it I'm sure you will be a believer that I'm being treated VERY unjustly.

[Timona 3,931]

PM me the link to the website. I want to read

[Boiler 43,397]

Tricky with a K1 as they are normally just left to die so nothing specific to complain about.

[Timona 3,931]

I read your blog. 

I would suggest not to waste energy and just get married and file CR-1. The complaint will take forever and weigh you down.

[P0907 127]

I would also be interested in you PMing me the link

[brevig 28]

1 minute ago, Timona said:

I read your blog. 

I would suggest not to waste energy and just get married and file CR-1. The complaint will take forever and weigh you down.

Thanks for the response.  Yeah, I'm already past the date thought to get married.  I'm thinking to ride out 1 more week.  Well that, and also I do want it to be special even though via zoom, so been researching it and putting together plans for it.  Gonna try to learn a song in her language to sing, get decorations, etc.

 

I'll still do the complaint, because it's the right thing to do, and also to hopefully prevent the same CO seeing us in the future.  Plus, I'm thinking about filing a TORT lawsuit in federal court as this is costing me ALOT (and I found out you can if it was law/policy errors).

 

I'll definitely be more proactive in supporting legislative changes to the whole process which creates "CO God's" that answer to no one.

 

[Timona 3,931]

23 minutes ago, brevig said:

Thanks for the response.  Yeah, I'm already past the date thought to get married.  I'm thinking to ride out 1 more week.  Well that, and also I do want it to be special even though via zoom, so been researching it and putting together plans for it.  Gonna try to learn a song in her language to sing, get decorations, etc.

 

I'll still do the complaint, because it's the right thing to do, and also to hopefully prevent the same CO seeing us in the future.  Plus, I'm thinking about filing a TORT lawsuit in federal court as this is costing me ALOT (and I found out you can if it was law/policy errors).

 

I'll definitely be more proactive in supporting legislative changes to the whole process which creates "CO God's" that answer to no one.

 

 

I understand you and your grievances. But taking USCIS or DOS to the dryers right now will kill your energy. Just last week, while making some PP appointment, the agent I was talking to was power tripping. I had argued with her because she was asking for way too much information than is required to book an appointment. Additionally, she was telling me one thing but doing the other. Basically, she would refuse to give me an appointment while reading the policy. The policy she was reading was in line with what I am looking for. However, she does not understand nor interpret what she is reading. She would then try to issue threat that if I did not provide her with my flight confirmation number, she could not make an appointment. By the time she was saying this, I had already got the PP appointment confirmation on my email. So she was clearly lying. Additionally, I have been at this for 1.5 months. So I know the rules like the back of my hand. Anyway, since they know you are at their mercy, they will want to have their 5 mins of power. I hate it but after waiting 1.5 hours on hold, you just have to put your tail between your legs lest they hang up and you have to redo the whole wait game again and hope you get connected or put on queue. Anyway, I gave her the flight confirmation. I knew she was trying to fix me. She even was so full of herself that she gave me a date that I did not want (this was one of the reasons why we were arguing and she ended up doing what she wanted - giving me a date that she wanted and not one that I wanted yet the one that I wanted was available).

 

So I called in the next day and talked to someone who clearly knew what they were doing. I canceled the previous day's appointment, booked a new date that I wanted and even thanked this new agent and told her of my previous encounter.

 

Edited August 9, 2021 by Timona

[brevig 28]

3 minutes ago, Timona said:

Just last week, while making some PP appointment, the agent I was talking to was power tripping.

Wow, it seems these things are way too common.  Just hard to accept that they can break policies and show so little regard for humanity and decency.  I mean families are the corner of society and they won't think twice or even flinch when tearing them apart.

[JeanneAdil 6,190]

what 2 laws?

what policies?

CO is suppose to treat the person with respect but they don't 

When my husband had K1 interview,  CO asked "What does your family think of her  ?  "  he smiled (i told him to) and said "they love her"  (i had spent a month with all of them)   CO said " u smile ,,  u lie"

others on here have had worse 

but filing a complaint ,  who is your witness to the complaint?   

it will probably be filed under G 

 

Best to shallow your pride ,  marry ,  and go the distance (that's how you really prove them wrong)

[randy32 165]

Pls DM me the link to your website.

[JeanneAdil 6,190]

Please ,  what basis?

and have you thought to have others sign the complaint?

[Ontarkie 13,903]

~~Moved to General Immigration Discussion, from K1 P&P~~

[brevig 28]

17 hours ago, JeanneAdil said:

what 2 laws?

what policies?

"In fulfilling the requirements of this section, no official of the Department of State or the Department of Homeland Security shall disclose to a nonimmigrant visa applicant the name or contact information of any person who was granted a protection order or restraining order against the petitioner or who was a victim of a crime of violence perpetrated by the petitioner, but shall disclose the relationship of the person to the petitioner." 8 U.S. Code § 1375a(c)

This law was broken when the consular officer gave my fiance a copy of the police reports without first redacting the names of the victims, but instead leaving them untouched and fully legible.

 

"During an interview with an applicant for a K nonimmigrant visa, a consular officers shall—
(B) provide a copy of the pamphlet developed under subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet;" 8 U.S. Code § 1375a(b)(1)

This law was broken when the consular officer did not give said pamphlet to my fiance at either of her interviews.

 

"Disclosure may be made only if you intend to approve the visa application." 9 FAM 504.9-8 a.2   SECTION TITLE: Release of information regarding petitioner’s criminal convictions

The officer violated this policy by disclosing the petitioners criminal convictions and then refusing the visa.

 

"The intent of the law is to provide available information and resources to immigrating fiancé(e)s and spouses. Ultimately, the applicant is responsible for deciding whether he or she feels safe in the relationship." 9 FAM 504.7-5(B)g

This policy was violated when my fiance was not allowed to decide for herself if she feels safe in the relationship.

 

"After informing the applicant, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States." 9 FAM 502.7-3(C)(4)b

This policy was violated when my fiance was not asked if she should would still like to proceed with the application and not asked if she still intends to marry me within 90 days of entering the US.

 

"the applicant is entitled to present evidence to overcome a presumption or finding of ineligibility. It is the policy of the U.S. Government to give the applicant every reasonable opportunity to establish eligibility to receive a visa. This policy is the basis for the review of refusals at consular offices and by the Department. It is in keeping with the spirit of American justice and fairness." 9 FAM 403.10-4

This policy was broken when the officer chose to send the application back to USCIS without requesting or allowing applicant or petitioner to submit additional evidence to overcome the officers presumption of ineligibility.

 

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law" 14th Amendment to the Constitution

This amendment was violated when we were refused the privilege of a K-1 visa without being asked for additional evidence or a chance to respond negating due process.

 

[brevig 28]

15 hours ago, JeanneAdil said:

and have you thought to have others sign the complaint?

I'd love to actually, was preparing that.  Any thoughts on best way to go about that?  Like use some 3rd party site, or do physical?  And also, if I should try to get others outside of my close family/friends to sign it (exa: members of this forum, hehehe)

[brevig 28]

ANOTHER LAW BROKEN:

 

So I had an appointment to notarize a document today at the Embassy.  I tried making the appointment after the July 29 refusal and this was the earliest date I could get (after over a week of no slots available).  I'm attaching the document I wanted them to notarize.

 

It basically is me saying what I saw during my visit.  Not saying they broke the law, just what I saw (as an affidavit should be written).  At the end I said that I went to the Embassy asking each employee I met, including the person doing the notary, and no one was able to provide the pamphlet.  I was betting the $50 notary fee on their incompetence.  I was right, they couldn't provide the pamphlet.  However, they also refused to notarize the document saying they can't notarize something that involves them.

 

I brought 3 version of the affidavit with slightly different endings.  For example, another version said that when I asked the notary they did not provide but after reading what they were to notarize they then provided it.  Also, I wonder if them refusing me notary services is another law/policy to add to the growing list, hehehe

 

Below is the law, part of IMBRA, where it says they are required to have and distribute the pamphlet:

 

(B) Consular access

The pamphlet developed under paragraph (1) shall be made available to the public at all consular posts.

 

Edited August 11, 2021 by millefleur
Attachment containing personal info removed