Visa denied

[lennon 0]

We had been told everything was good by the interview person, they kept the passport and said it would all be mailed to him in a couple of days, and then advised that the consular official was not going to grant the visa so I called and he was extremely disrespectful to me. I want to make a complaint, because I feel that he was judgmental because I am older than my fiance. I am disappointed but we'll see what to do next, I'm hopeful and going to visit in a few months. I feel like I'm going to have to start from the beginning again. Does anyone have any idea what happens when they send the case back to Dept. of Homeland security and what are the chances of getting approved after a previous denial??

[Kevin and 10]

If you can, don't let it get sent back to the US. It only delays the process.

Did the CO issue a Blue Slip to you SO? It should state on it what the reason for the Intent to Deny is. My wife got a Blue Slip for more evidences, then went back to the Consulate before I got to see our blue slip and she was denied also. Now I am gathering a ton of evidence, affidavits, ect. to rebut the CO's findings when I get the Letter of Intent to Deny.

Get you Representitive involved. From what I have heard about fiance petitions is they expire after a certain period.

Even if you plan on doing a refile (whether a K-1, K-3, ot CR-1/IR-1) respond to the official Letter of Intent to Deny from the USCIS and try to rebut the CO's findings.

Good luck.

[lennon 0]

I think the final thing he said was that we had not enough evidence and hadn't spent enough time together in person. How long does it take them to send it back to the US and which representative should I contact??

[Dakine 26]

I think the final thing he said was that we had not enough evidence and hadn't spent enough time together in person. How long does it take them to send it back to the US and which representative should I contact??

Contact your Senator or Congressman NOW. Once the petition leaves the embassy and is sent back to USCIS things get more difficult.

Don't know about your embassy but when I was denied the first time at USEM I had 3 weeks to prove they were wrong.

Faxed them additional evidence of bonafide relationship and got senator to contact them.

Didn't work tho!

[Kevin and 10]

I think the final thing he said was that we had not enough evidence and hadn't spent enough time together in person. How long does it take them to send it back to the US and which representative should I contact??

I'm still waiting on my Letter of Intent, our interview was in Aug.

Rep.- It depends on what District you live in. Go to US House of Rep. website. You can find your Rep there. You will also have to sign a privacy consent form in order for your Rep to look into your case.

[James@VA 0]

We had been told everything was good by the interview person, they kept the passport and said it would all be mailed to him in a couple of days, and then advised that the consular official was not going to grant the visa so I called and he was extremely disrespectful to me. I want to make a complaint, because I feel that he was judgmental because I am older than my fiance. I am disappointed but we'll see what to do next, I'm hopeful and going to visit in a few months. I feel like I'm going to have to start from the beginning again. Does anyone have any idea what happens when they send the case back to Dept. of Homeland security and what are the chances of getting approved after a previous denial??

Hi- sorry to hear you were denied. But don't feel like its the end of the line. Naw, think of it like its just the first round. My fiance was denied also in the Manila embassy a few years ago. But we fought on and got a second interview. The second interview the visa was approved. It took 4 months and a few days to get the 2nd interview. Don't worry, if we overcome our issues, you most definitely can overcome yours.

James & Beth in VA.

[maya62 7]

You need to take action now and keep that package at the Consulate if at all possible.

If you don't have enough evidence, think of any little thing that may help them build a picture of your relationship... more photos, emails, phone records, travel documentation. If you have questions about this, or need ideas, post what you have done (ie, trips, communication, etc...), and what you have sent with your original submission, and people can probably give you more ideas and concrete suggestions.

Contact both your US Senators and your US Rep immediately and ask to speak with one of their immigration liaisons. Explain your situation and that time is critical (nicely). Ask for their help.

I've read about people turning situations like this around, depending on what has taken place already, but it requires a very proactive approach.

Good luck!

Maya

[maya62 7]

Tried to edit... too late....

From looking at your timeline (interview was October 3... yikes) I thought I should clarify what I meant by proactive, since it has already been nearly 4 weeks since the interview! By proactive I now mean: get on the phone NOW and initiate contact with Sens/Reps, call/email/fax the Consulate persistently until someone clarifies your situation for you until you know exactly what you need to do, and do it yesterday! If the person you talk to doesn't help, ask for their supervisor. Also, check in the forum for your SO's country and see if anyone there has any country-specific ideas for you. Sorry to add pressure, but if you hustle now, there's a small chance you will save yourself a lot of trouble... go!

I think a lot of CO's would expect that, in a bonafide relationship, if the visa is denied, fireworks should be starting. Someone should panic. I know I would! I guess everyone's different...

Best wishes, and please let us know how things go...

Maya

[brnidokiegurl 0]

I CALLED CALIF AGAIN TODAY TO TRY TO GET A LETTER STATEING OUR DENIAL, BUT WAS TOLD IT WAS NOT DENIED BUT EXPIRED. THEY SEE IT AS IT WAS APPROVED, HE WENT TO INTERVIEW, THEY RETURNED FOR MORE REVIEW BUT EXPIRED (ACTUALLY BEFORE IT WAS RETURNED) AND ACCORDING TO A EMAIL TO MY CONGRESSWOMAN FR CALIF THERE WILL BE NO FURTHER ACTION AND I AM FREE TO REFILE. NOW ACCORDING TO THE PERSON I TALKED WITH HE MADE IT SOUND LIKE IT JUST DIES OFF WITH NO MORE ACTION. AS IT STATED FREE TO REFILE.

TO TRY TO KEEP YOUR CASE THERE GET YOUR REPS TO INQUIRE IMMEDIATELY, YOU, FAMILY AN FRIENDS ALL NEED SEND LETTERS AND EMAILS SHOWING INTENT...IF THIS DOESNT HELP SOON YOU SHOULD BE ABLE TO GET THE POUCH NUMBER THAT IT EITHER HAS OR WILL BE SENT BACK TO THE STATES IN. SOMETIMES THEY LEAVE SOON SOME TAKE WEEKS UNTIL POUCH IS FULL GOOD LUCK IT IS A LONG HARD JOURNEY ONCE SENT BACK

[lennon 0]

Then interview was Oct. 3, then asked to to get more info and come back in a week, the second interview was October 10, they told him everything looked good leave the passport and they would send the stuff to him DHL, I called to see what was happening and they said to have him call, he called and they asked him for more information, he sent more information, then called again and they said they had to re-interview him, so I called to talk to the consulate and not just the desk people, the consulate was very disrespectful and got completely annoyed with me and basically said he would just deny it outright and I could take it up with the department of homeland security. I met him in 3/2006, we had some issues in between and he was supposed to meet me in Peru but due to earthquakes, location and lack of planning he unfortunately didn't make it, so after I talked to him I emailed to embassy to see what the next step was. We have since 4/2006, emails, DHL's, phone records, photos from when I was there, but I don't talk to him everyday, about once a week, because of work schedules and time difference, we were both preparing for the move since that has been the intention. Anyway, I'm not sure what other information we could give except for to print of every email we sent. We mostly communicate by email or messenger because it's most efficient, hard to prove if your not on the home computer and not all phone cards can give printouts, I know that now but before I didn't. Sooo.....that part of it. I'm now going down there in April since he's not coming up, it'll be good but I feel not too motivated to be proactive at this point. The stress is unbelievable.

[rebeccajo 14]

I don't quite understand your attitude about your situation. Isn't this you about three weeks ago?

"That's what I'm thinking. I think I sent sufficient documentation to prove it was ongoing. I don't know what he had, but he had over 200 pages from me, I had to count for DHL. I'm not going to sweat it, the fact is I sent him everything I had. And I'm not sure what they said."

Edited October 31, 2007 by rebeccajo

[Jasman0717 8]

You will need to find out why you are being denied. Age is not grounds to deny a visa petition but it could be a factor if the officer didn't believe you have a true relationship.

[lennon 0]

Well, I'm not sure what my attitude was that day but I felt like I had sent sufficient stuff. I called to ask what sort of things more they were asking for and was me with the consular's disrespectful perspective of my situation. They had told him it was all good, then it wasn't, then it was, then come back, by the time I called him and got transferred 10 times it didn't work out well and I honestly don't know what more they want.

I don't quite understand your attitude about your situation. Isn't this you about three weeks ago?

"That's what I'm thinking. I think I sent sufficient documentation to prove it was ongoing. I don't know what he had, but he had over 200 pages from me, I had to count for DHL. I'm not going to sweat it, the fact is I sent him everything I had. And I'm not sure what they said."

[maya62 7]

I agree the process is stressful, and yours, it sounds, has been more stressful than many. But there are plenty of folks here who have weathered situations just like yours and prevailed in the end. I guess it depends on the amount of determination (which I'd say is directly proportional to the depth of feeling for one's SO, but that's just my opinion).

If you decide to take action, I think getting in touch with senators and your congressman/woman would be a good next step. If you want to try to keep the package at the Consulate (if it's not too late now), I'd take this next step immediately.

Best wishes...

Maya

[pushbrk 12,150]

I think the final thing he said was that we had not enough evidence and hadn't spent enough time together in person. How long does it take them to send it back to the US and which representative should I contact??

It could take six months. Now is the time for you to be the knight in shining armour. The case must stay with the Consulate in Bolivia. I would, get a local immigration attorney involved, one that is familiar with dealing directly with this Consulate and with Notice of Intent to Deny. Share all your details with the attorney and follow their advice.

In the mean time, I would share the details of your relationship timeline here along with the details of any evidence already presented with the petition and at interview. What was in the beneficiary's possession but not asked for or not permitted to be submitted at interview.

I understand the feeling of wanting to complain but it's best to get over that as quickly as possible and begin taking actions that can overturn this initial denial.