chiquita
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Posts posted by chiquita
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I am sooo sorry to hear this. You did the right thing, you contacted your representative. With luck they can push hard before they send it back. I have heard of this happening twice..once was just recently, and from Morocco. Once it has left Casa then you are in for a long wait.
You might want to join our group. This group is specifically for people that have had their petitions sent back. Almost all of them are from Morocco. Its a little dead right now, Kiya is gone, and I am in the middle of quarter end at work, not sure what everyone else is up to...maybe just taking a break. We are all at different stages of the process, and we are all willing to help the best we can.
http://groups.yahoo.com/group/desert_roses/
We are here for you....just be strong.
Thank you so much! I want to join the group. We all need to help each other during this added process Casa has plced upon us!!
Do you think there is any reason why they would doubt the relationship? Did she look at the evidence? How many times did you meet? Did you meet any of the red flags ?
I have known Mouhcine from January 2005, we spoke everyday(phone, yahoo, msn). I have all the records. I sent like 200 photos from the time I was there in August 2005(12 days) and January 2006 (11days). She looked at all the paper work my job letter, taxes, divorce decrees...... She questioned him 30 mins and interogated him when she saw I was born in Israel. She asked if I am Jewish, then asked him if he is muslim. THen she asked him how his family would accept me as his wife being Jewish and her face got bright red and her eyes popped out. She then threw back all his papers and told him to leave. She gave him no chance of talking.
I tried to call Casa yesterday several times, I am sure I had her on the phone at one point. She never gave me her name. I told her I wanted to speak with Mr Mckeever and each time I called he was never at his desk. They kept telling me to email. I sent 3, so far no responses.
Today I called Casa again. I was firm and asked for Mr Mckeever. I got disconnected like 3 times and finally got put on hold and a man picked up. I told him I wanted to know about my fiance's interview and he said to email, I then asked him why the CO asked of our religion and that it is racial and prejudice to bring that up in a interview. He then got irritated and told me that I need to email and that the consulate does not get enough money from the state to answer phone calls and to report it to my congress that they are short money. I then asked him his name - Mr Matthew Mckeever himself.
We had no red flags, no reason at all to deny us. I will be fighting this, and I am going back to Morocco next month.
Leila
Wow oh wow!!!!!!!!! He was upset was he??? GOOD!!!!!!! Lets hope he checks out your file and speaks with the woman who interviewed you!!!!!!!!! I would call him back!! It is his job to answer questions to American citizens!!! Bravo to you Leila.
I am sure you are frustrated right now about what has happened but take heart my dear, maybe this will cause him to do something abiout what his staff is doing. Hang in there!!
I swear it sounds like things are getting heated in Casa. I sure hope soooooooo!!!!!! So many couples have been denied and I hope the heat is on as to why they are not doing their jobs!!!!
When are you traveling to Morocco? I plan on going when we get that second interview appointment. I am thinking they are swamped due to all the denials they did last year?
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It was not my intention to hurt feelings. Yes, my relationship ended and the fairytale expression was a comparsion for what it became. My mention of divorce was intended to cover all marriages, not just those between a US citizen and someone from another country. I am not saying the Consulate is right and petitioners are wrong. I am saying the process is long and difficult. I went through it, I know. Our case was in administrative review for 7-months. It took a year and a half to get the visa. During this time we waited and worried. I wish I had known about this site then.
I admit I am hurt by what happened and it will take a long time to heal. I still believe in marriages between mixed cultures and religions. I sincerly hope each of you will have a wonderful and long marriage. I come here to read about your visa journey and keep my fingers crossed that things will go well. I'm not some sick woman who wants others to suffer because I did.
I said what I did because I think the COs have a difficult job and while it would be nice if they were nice, many times dealing with those in certain fields is just plain unplesant. They have something you want and you have no other way of getting it other than to wait.
I don't think my post was harsh nor offensive. If the OP took it that way, then I offer her an apology.
Of course the consulate has a job to do, and a difficult one at that! I think what people are saying here is more along the lines that they are required to follow certain procedures. I suspect that you haven't followed some of the posts lately concerning this consulate. You have every right to have an opinion as much as any of us. What I am thinking is possibly you don't know all of the facts. Maybe this will change your opinion, maybe not, but it is always wise to be educated.
First, they are suppose to have concrete evidence before petitions are sent back. This isn't the case for us, no concrete evidence. I can't speak for the other ladies, only they can. But from what I have learned is that they think I am being paid to marry my husband. I haven't been paid, nor will I ever be, therefore no concrete evidence.
Second they are required to provide us in as much detail as possible the reason it is returned. Those of us in these shoes have never once been told why they have been sent back.
Third, they are required to give us an opportunity at the consulate level to provide them with information to prove our case before it is sent back to the CIS. They won't even talk to us, let alone give us an opportunity to prove our case. In fact, the only evidence of our relationship they looked at was our pictures. Not one other piece. How can this be fair?
Fourth, they are suppose to send them back timely...within a week or two. They didn't send ours back for 2 months, but they lied and told our congressman that it was sent back the same day as the interview.
This is just a short version of the violations that Casablanca has made in returning our petitions. I am sure that you haven't done an indepth research on this subject, but those of us in this situation have. I am aware that Morocco is considered a high fraud country, and each application should be fully examined. My husband suspects one person he knows of fraud (and he is already in the US), and he knows of one guy that is using a woman to immigrate to Canada. It really upsets him because our marriage is real, but yet there are plenty out there that are making it hard on the rest of us.
I'm sorry to hear about your heartbreak, and you are right not to give up on love. I really gave my husband a hard time before I let him into my heart, I just plain don't trust most men, be it US citizens or foreigners. He passed every test with flying colors. We have known each other for 2 1/2 years and have been married for 1 1/2 years. Somedays we are madly in love, some days we could strangle each other, but the bottom line is that we are going to be together forever, incha allah.
Very well said! The same exact thing happened to us on March 2005. Denied due to the validity of the relationship. Yet my husband was not even asked to provide any proof of our relationship! How absurd!
I have since overcome the false lies of the consulate having our I-130 reaffrimed by BCIS and returned to the NVC for action. We are currently awaiting a new interview date with Casa, since January 11!!!. (They are back logged I am told)
It is quite easy to overcome the reason we were denied since Casa violates the laws, but it is very frustrating to have to wait another year + just to get another chance!!!! To me this is the biggest issue. Why not follow the guidelines and give us the chance to overcome the problems they have with our relationships at the consular level as they are supposed to do?
We have been married 2 years now and I am so frustrated at the system that is suppose to bring us together quicker actually keeps us apart longer! Red flags for us? I suppose it is the age issue, but then there are many who don't have a problem and get visas. As I have mentioned before, it is none of my governments business who I marry! Yes, they do have a right to check us out if they find evidence that we may be commiting fraud, but from what I have seen in the past year this has not been the case for the couples who I know who had their petitions returned to BCIS. As Ellis wrote, consulars nned to stick to doing their jobs and not the job of BCIS...ie re adjudicating approved petitions!!!
That is my vent!!
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The problem at Casa right now is that, contrary to their own regulations, they seem to be sending files back without telling the petitioner or beneficiary why and without offering them a chance to refute the CO's doubts at the consular level. Even if the CO has justifiable doubts, they are supposed to express those doubts and offer an opportunity to clear up any misunderstandings. The COs at Casa are NOT doing this. They need to follow their own rules before they'll get any sympathy from me about how hard it is because there is so much fraud.
I think part of the reason you see a lot more men from these countries marrying foreign women than vice versa is because it is permitted for Muslim men to marry outside of their religion, whereas Muslim women are not permitted to do so. I think if it were otherwise it might be more even.
A very true post! Who of us can break the law and get away with it? As we see...Casa does it everyday! The consulate is required to give the petitioner and the benificiary the actual reason for the denial of a visa on the day it is denied. That is the grounds one can use to overcome the denial once BCIS sends a letter notifing the petitioner that they have reason to revoke the petition. NOt only that, but you are correct in saying that if there are concerns about the relationship then the CO is to help the benificiary the opportunity to overcome them.
This is where everyone needs to complain to the Department of State to get this situation under control. It really doesnt matter who was affected by them, just write and complain! Bring these injustices to their attention. The same situation was going on in South Africa and finally it was changes. A new Consular General and a big investigation. I have a friend who suffered for 5 years going through that consulate.
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Thank you all for your support and my heart goes out to you Leila too. I had a response that said he should have said he doesnt want a fiance in Morocco because he loves you. He did say that to the consular . Yes tis the same notorious consular, as all the others with three letters in her name . They call her the brown lady ! 
I have joined kiyas group ...and really until it comes back to Vermont and I get my money for the lawyer , I will have to wait like all the others . I just wanted to let others know that are going through Morocco is tough! Please dont let this stop you from being with the person you love . It is a suspension , and they will review it here eventially. When they do , I will be ready ........I have already written to Vermont , but no reply yet . This has taken so much out of me ,, but its not over till its over. Someone needs to leave Morocco ......and its not just our fiance's and husbands . GRrrrrrrrrrr Sorry to vent ...Just a matter of time before someone stops her . 
Have a good day ,
Christine
Hi again all .........KIM is her name , unfortunately you dont have a choice who you get to interview. I have written to secretary of state regarding what is going on. This after talking with the assistant secretary, who asked me to fax it to them . No reply yet ..... but we will see , they told me it would take time .
Kiya has a group? What is the name of it?
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Yes Morocco is giving out 221g for validity............I was there , had so much proof . I waited outside as I was not allowed in the building . Consular knew I was there , said tell your fiance if she has any questions to go to front window......I did and they handed me a paper stating "we do not discuss visas here ". Did not find out for about 2 weeks it was due to validity. The consular never looked at anything but the petition and a few pics . She asked my fiance why he couldnt find a fiance in Morocco. Then she said how would you feel if you did not get your visa today ? OMG I am livid .........trying despartely to hang in there , as many others are in the same situation. I have decided to hire a good lawyer , but unfortunately that is going to take me another 2 weeks. Past the time of the 30 days after the interview . So it goes on and on. I ask why but the answer is at the consulate . Question is how long can they continue to give these out without being told this is not the way this works from the dos . Which I wrote a long 3 page letter to the sec of state . I dont know , but just be aware of anyone going through Morocco ,,,it may be a battle . Be prepared to have some extra cash to hire a lawyer .
Take care ,
Fly
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When were you denied? We were denied March 05 and are awaiting another interview date since I overcame their rejection with the BCIS.
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I'm sorry this happened and I know you're upset. However, these people have a job to do and none of us know how many applications they have. I am amazed at the number of women on this site who are in a relationship with men from Morocco, don't you think that raises red flags? All of these relationships are NOT going to work. Divorce rates are high and the fact that many of you have not known each other for very long all contribute to doubt on the Consulate's part.
My fairy tale relationship rapidly changed to living in hell after the love of my life got his visa and moved to America. I'm not trying to burst anyone bubble, but please try to look at it from another view point. This mean woman that all of you refer to has sat across her desk from countless young Moroccan men seeking a visa to come to America. I'm sure she has her reasons for doubting them and she is providing you with an opportunity to test your love. Remember true love lasts and can withstand hardship.
As far as asking questions goes, again that's their job. I see nothing wrong with asking why he would want to marry a Jewish girl. I bet his friends had the same quesetion. My friends certainly wanted to know why I was marrying a Muslim man and if I didn't have concerns about religious differences. The stoke interview is performed when they suspect the relationship is not real. I see nothing wrong with asking which side of the bed your husband sleeps on.
Maybe my opinions are different than yours, but sometimes you can't see the forest for the trees. I know this was true in my case. I'm suggesting that you try to look at it from their point of view. We alll tend to see things through rose colored glasses when we're in love.
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I am so sorry to hear that your relationship failed. Your response is based on emotion and not truth. What you have stated is not true. Whether a relationship fails or not is not up to a CO. It is up to the couple. It is also not the job of a CO to re adjudicate approved BCIS petitions (according to the immigration law).
While it is true CO's have a lot of work to do, it is their chosen profession and they have an obligation to do it properly being government employees. They are not to second guess BCIS nor or they to presume fraud. They must have concrete evidence before they return cases to BCIS. This has not been the case in the most recent year.
As far as divorce rates being high, may I suggest that any time a couple from different cultures and different religions get married there are many issues that need to be considered by the couple. It is not an easy road to go down. The mere fact that they were raised in different countries bring such a multitude of problems that will need to be resolved. I do not wish to get into the details of such unions, just point out the fact that there will be much the couple will have to work out together.
You mentioned you had a "fairytale relationship". There is no such thing my dear. Perhaps that is where it went wrong for you. I am so sorry it ended for you. You are correct, true love will last. But it is not up to our government to decide that for us. It is up to us to decide who we want to marry and spend our life with.
Just to bring up another point, there are many divorces between Americans too. Just because mixed marriages end is not a reason not to have them. On the other hand tolerance is a very good virtue to have when it comes to marriage to anyone. No one is perfect, there are no fairy tale romances, no white knight is shining armor. Being married is just plain hard work!
Asking about one's religion is considered discrimination! I would be so upset if the CO had the nerve to ask me or my husband about our religious differences. It is none of their business. What they are there for is to make sure all of our paperwork is in order. If they find concrete evidence that we have not a valid relationship then it is their duty to deny a visa to such a couple. Unfortunately, Casa is now gaining the reputation for denying couples based on who knows what.
Yes you are right, we do have different opinions. However, one cannot violate the law and get away with it. Why then does the consulate in Casa get away with it? I am opposed to Casa's point of view because it violates the law.
To be sure, I have not on rose colored glasses. My husband has been the same loving person he was when I met him in 2003. Each day that goes by deepens our love for each other. Yes, the immigration process can easily destroy us if we let it. That is so sad.
I wish you much love and happiness in the future.
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Jennie,
>>>And to correct you Ive seen everyone complain here all the time Im not the only one.
No, you never saw everyone in here complain all the time. I think the majority of the people in this forum have handled their wait stoically and with grace, including many who have had far longer waits than you.
WELL GUESS WHAT IM NOT EVERYONE ELSE AND YOUR NOT HERE TO JUDGE ME OR ANYONE ELSE! NOR DO I CARE TO LISTEN TO YOU!
**WHATEVER I NEVER SAID THAT I SAW PEOPLE COMPLAIN IN HERE ALL THE TIME.!!!!! GET YOUR FACTS STRAIGHT BEFORE YOU RUN YOUR MOUTH.
>>>>First of all why would a K1 person complain? All you have to wait is maybe 6 months or more.
I don't know Jennie, you made the claim in your own words
*** K1'S ONLY TAKE 90 DAYS TO APPROVE IF THAT SO IT DONT TAKE THAT LONG! NOT MY OWN WORDS A TRUE FACT READ THE PETITION!
>>>>>All these people complain its been 5-6 months or whatever since you seen your fiance last.
>>>And if your information I didnt chose this stupid visa route the I-130 was approved to fast!
Yes, you chose this route by getting married in Morocco thereby eliminating K1 as an option.
I DID NOT CHOOSE THIS READ! WHOEVER SAID HAVING THE I-130 APPROVED TO FAST HAD ANYTHING TO DO WITH THE DANG K1?? I WAS DOING K3 FOR YOUR BIGGED MOUTH INFORMATION! aND I DIDNT KNOW A K1 EXSISTED~
This process is frustrating for EVERYONE. However, again, we all had our choices. Take Shon for example: Shon has had a very difficult process and is in a very long wait, yet she is still able to put it all in perspective, recognizes the pros and cons of each visa, and is happy with her choice. "Priority" isn't time alone.
Rebecca
My point is look at how long a family member has to wait compared to a boyfriend or girlfriend. All these people complain its been 5-6 months or whatever since you seen your fiance last. If you had to wait as long as some of these married people what would you do?
Jennie,
Everyone made their own choice whether to marry abroad or go for the fiance visa. You ask what these other people would do if they had to wait as long as the married couples, and talk about others complaining about 5 or 6 months, but honestly, I don't remember anyone complaining quite as much as you have. I understand you are frustrated but this was YOUR choice on where and who to marry and what type of visa that would allow you to apply for. Yes, you are waiting longer in this part of the process but your husband will also have advantages that the K1 visa holders don't have. Again, it comes back to choice. We all chose what route to go. I am not complaining because my husband cannot work now. I am happy he is here with me. It was my decision to go this route as it was yours to take the one you chose.
There are more non-immigrant visa appointments because there are more non-immigrant visa applications. These include student, medical, tourist and K1.
Rebecca
Im not complaining I just dont think the processes are fair or the wait times. And to correct you Ive seen everyone complain here all the time Im not the only one. Since everyone seems to disagree with me Ill just leave this be since no one gives unless its about them.
My point is look at how long a family member has to wait compared to a boyfriend or girlfriend. All these people complain its been 5-6 months or whatever since you seen your fiance last. If you had to wait as long as some of these married people what would you do?
Jennie,
Everyone made their own choice whether to marry abroad or go for the fiance visa. You ask what these other people would do if they had to wait as long as the married couples, and talk about others complaining about 5 or 6 months, but honestly, I don't remember anyone complaining quite as much as you have. I understand you are frustrated but this was YOUR choice on where and who to marry and what type of visa that would allow you to apply for. Yes, you are waiting longer in this part of the process but your husband will also have advantages that the K1 visa holders don't have. Again, it comes back to choice. We all chose what route to go. I am not complaining because my husband cannot work now. I am happy he is here with me. It was my decision to go this route as it was yours to take the one you chose.
There are more non-immigrant visa appointments because there are more non-immigrant visa applications. These include student, medical, tourist and K1.
Rebecca
And if your information I didnt chose this stupid visa route the I-130 was approved to fast!
jenn
no one is disageeing with you. I think its all a crazy web really.
btw, once you marry you have to file I-130.
Jenn,
hang in there kid. soon this stuff will be one big bad dream.you will have hubby home.
And I know I have to file the stupid I-130 everyone does if your married. What I ment is if it gets approved you cant do K3 and thats what happened to me for everyone who thinks they know my damn story!
Why are husband more important than a fiance (they are coming here to start a family)?
thats not a fair statement! in support of all of those that DO have husbands.
you do realize they are on alot of our accounts such as my husband is on my medical
and stuff. so that makes him very important - some of these husbands are also daddys of those
that are pregante or had a child. having said that there is alot that the k-1s have to go though such as the AOS and the gruling waits.
I didnt say a fiance wasnt important. But a family member already should have more importantce over them. The processes should be equal in length not twice as long or longer. The wait you guys wait to get your petition approved is how long we wait for just a dang interview date! Atleast you can do AOS and not have to do it all before you come. Its better to have AOS then you dont have to be apart longer. But since you all think im so cruel horrible person go attack this post now to. Come on rebecca your good at it!
so jenn,
did you get the interview date yet? what is the embassy saying?
No they dont give a damn!! All I was told is there is no order or anything dont go by petition date, or case complete date. Just whoever they feel like cause of their computer program!
When I got married, the K3 was moving faster than the K1!!! That is why i decided to go that route. Then suddenly it slowed to a stop. There was a backlog going on in Nebraska from RFI that had not been taken care of causing delays for everyone else.
Now as to the compalining...waaaaaaaaaaaaaa. ..I want so much to complain too!!! Jenn you go right ahead. If it helps you to destress, do it!!! I think we are all here on pins and needles too for what we as Americans have to go through regarding our spouses/fiancees. It just is plain wrong and unjust. Like the saying goes...take a walk in my shoes...maybe then you will understand.
I nor my husband did anything wrong for our interview yet our case was returned to BCIS for the validity of the relationship. Ummm, excuse me but according to the guidelines of the U.S. Consulate in Morocco, they will help me to overcome a denial. Hmmm, didn't happen for us. Another consideration that the consulate overlooked is they are not to judge on their "feelings" but are to have hard concrete evidence, which in our case they did not have.
Ok, ok, I am venting here. SOOOOOOOOO sorry. I will stop for now. But my advice for anyone going through Morocco...be there for the interview...just in case, or if you are denied...hey visit your beloved afterwards like I had to do and then wait another year or so to get another chance.
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Chi
do RESEARCH and find it. its there!
I have done much research, just never found that. Why can't you share the info if it is indeed a true statement?
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I explained the reason why...
K-1s the USICS has heads up on whom you are bringing to the USA.
where as they dont have heads up when you marry outside the USA. the USICS gets pissed we get pentalized for that.
btw, me and my husband both had 2 hour interviews.
let me tell you this . man I wish it was 10 mins. they interrogated the life out of us.
we are a prime example of the Family Life Act not working for us.
here is my VENT.
My husband got interview in pk on <AUG 05>
I got interview here in the USA < SEP 05 >
our familys got interviewed by ISL embassy on < nov 21 05 >
and again by Lahore consulate < Nov 22 05 >
Security checks all compleate none ordered < jan 13, 06 >
so where the dayum visa at?
so in the mist of all that drama. we finish up the Cr1.
its at the embassy as of < feb 21, 06 >
Don't know where you get your info at...ie>>>>>>
I explained the reason why...
the USICS gets pissed we get pentalized for that.
I for one had no problems with the USCIS. My problems came from the consulate who is under the Department of State. USCIS reaffirmed my petition that was returned by the consulate asking for action to be taken by the the DOS again!! As I understand the situation, USCIS gets sued for the actions of the DOS. DOS think they can take action on petitions that CIS has already approved. This is an internal govermental ( and I really mean MENTAL) problem.
Anywho do you have info to back up your statement? Or is is just your own thinking? I am interested in just the facts...lol
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Some phone numbers>>>
Bureau of Consular Affairs
OFFICE OF DIPLOMATIC AND PUBLIC LIAISON
Director Julie Furuta-Toy 202-663-3579
Public Inquiries Division Chief Karla Gentile 202-663-3623
Diplomatic Liaison Division Chief Dale Rumbarger 202-663-3211
Visa and Information Microlog 202-663-1225
Visa Priority Data Microlog 202-663-1541
Congressional Inquiries 202-663-1516
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I think the Baccalaureate requirement is *relatively* new, even if it's not brand new. My husband's cousin's wife came here on the lottery 4 years ago and she doesn't have her Bacc, nor do many of the people he knows here from Morocco who came on the DV program.
I don't know if it's true, but Majid said they made that change in the requirements after many people had already applied. I do feel for them, even though Liz is right that it's incumbent upon them to check on the required qualifications before applying. $700 is a lot of money.
I agree with ohiobuck, I don't know why they are wasting their time interviewing people whom they know ahead of time don't qualify based on not having their Bacc... no wonder they're so behind on the family-based interviews!
I don't know if I would feel this way if it didn't impact me personally, but I really think that the family-based visas should have some priority over the lottery visas.
I also agree that you should warn your SO before their interview that there will be LOTS of disappointed DV applicants there. Majid said on his day there were 20 DV interviews, and only 1 of them got the visa, the rest were denied for not having their Bacc...
What can I say Morocco has their prorities up their somethings! I dont care what they are doing family needs to be a priority not a when we get there we get there!
My thoughts exactly...did you know that in Canada family-based visas take the highest priority? This is exactly the way it should be.
~Kiya~ Exactly I know all visas need to be handled with care and stuff. But a family based visa needs to their top proiority not last. I was told we get hardly any interview spots a month unlike others. How come? Why are we treated like #######?
This brings to my memory the ILW chat with Lawyers. I attended this last Tuesday and asked a question...got an interesting answer:
kiyah
My approved K1 petition was returned to the United States. What I want to know is what will make consular officers follow guidelines when interviewing applicants? What does one have to go through to show the Department of Homeland Security/State Department that a consulate needs to be following guidelines instead of re-adjudicating "approved" petitions? I feel like my rights as a US citizen are being overlooked completely.
ilwspeaker
If you have a particular complaint, there are channels you can go through at the state department. This is something that you might bring to the attention of either an attorney to put on the liaison agenda with the Department of State or possibly go through the American Immigration Lawyers Association and media people. If the story is good enough, they might just adverte it, along with radio stations. I just wrote an article through my newsletter about keeping engaged people apart. It's a joke that U.S. politicians "talk" about family values but don't behave like they have a clue what that means.
Her stating that it is a joke that politicians talk about family values but do not behave like they have a clue what it means is sooooo very true. It's like they are saying only what we want to hear to get appointed...sure there are some really great politicians in this country, but I believe they are way out numbered by the other side of the spectrum.
~Kiya~ Kiya,
How do we go about doing that? >>>
(If you have a particular complaint, there are channels you can go through at the state department. This is something that you might bring to the attention of either an attorney to put on the liaison agenda with the Department of State or possibly go through the American Immigration Lawyers Association and media people. If the story is good enough, they might just adverte it, along with radio stations.)
I wonder who and how "they" decide if the story is good enough???? Aren't we all good enough? It seems to me your question was not really answered but another subject all togther was brought up.
I wrote to President Bush right after we were denied in March 05 who kindly replied and forwarded my concerns to the Department of State who by the way took 6 months to write back and tell me what I already knew! They did not answer one question that I had asked. I wrote back to the DOS immediately (October 05) and have not yet received a reply. I wonder if I will get another response in 6 months? April will be 6 months since I wrote back to DOS.
Lol... truely I am finding out more and more that our government is just to big. The letter that I received and responded to was from Dale Rumberger (for Julie Furuta-Toy, Director of Public and Diplomatic Liaison Visa services). I guess she didn't have time to answer me herself. The best that he could tell me was what I already knew, the validity of the relationship was in question and for further questions or inquires I could contact BCIS! Passing the buck.
I did send off another letter to the DOS but I think it got lost in cyber space. I will never give up on this injustice to all of us who have been discriminated against! Even when my husband gets here. I am hoping you feel the same.
chiquita
I think there is a little confusion about the requirement for the lottery visa. The requirement is a high school diploma, which in Morocco is called the Baccalaureate. Here that is a Bachelor's degree, so unless you've had it explained to you, it is natural to assume it is a college education. It took quite a while for Abdel to make me understand that.
This is not a new requirement there, or one that isn't published with the application. It was right there on the website where you had to go to apply. If people were stupid enough to waste their money to apply, knowing they didn't meet that requirement, then that is stupid people wasting the consulate's time, not the consulate wasting people's money.
Actually, I thought the Baccalaurate is equivalent to the HS diploma. The bachelor's is equivalent to their university study. It's the same in europe too. confusing....
Prena,
You are correct. There are 2 requirements to the lottery visa. One being a resident in the country that allows you to apply for it and having a high school education or it's equivalent (12 years of education). That info is posted on the website.
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Ok, back to researching and have a question. There seem to be 2 types of appeals, and I am confused at which one would apply to cases sent back for review then being denied:
1. Administrative Appeals Office
2. Notice of Appeal of Decision Form I-694
Has anyone else researched the appeal process? Which form is correct?
If you look at the bottom of the letter it gives a *WARNING:
Now about the other issues concerning appeals.
Casa sends your case back to NVC to the Fraud Section.
Then NVC sends it to the BCIS office where you filed the petition.
Everyone calls the letter a NOID. On my letter is is an ITR (Intention to Revoke)
Then they quote some board decisions and inform you that they intend to revoke the petition.
This is your opportunity to rebutt the findings of the consulate.
It BCIS agrees with you, the case id reaffirmed and sent back to NVC for the DOS to take action on it.
You would be using the I-290B Form and Process for this situation.
Lastly you will recieve the Notice of Appeal of Decision. The decision will be fianl at this point.
I do believe you can refile another 129 if you feel you have new evidence to support a new petition.
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Jenn I think you answered your own question.
Respect. The CO's dont respect our men.
Being there in Moroc possibly shows the CO that you have a valid relationship if you are there during the interview. You are not allowed into the consulate when he has the interview. You would be waiting at a caffe. But your DH would make a point of teling the CO your wife is here if he/she needs to speak with her.
I will need to use some excuse to get off work too. When we fianlly get the date for the interview I will not have the time to make a request for time off. I also dont have any vacation time built up since I was on sick leave for 6 weeks last fall.
The only thing I or you can do is claim time off for the family leave act. Do you know about that? You can take time off work to attend to family illnesses. Your brother in law may qualify for that. You will have to have a medical statement from his doctor. Check into that option.
For me I have a statement on file already because I have asthma. It means I can be off work for that and not lose my job. As long as I don't say where I am going I should be ok to be in Morocco for a few days or weeks. I just have my doctor take me off work. He wants me to go on disability ( last year) because it is so bad. I get so very sick from perfume and fragrances. I was quite ill in Morocc from the disel fumes last year. If I was to live there I woud have to live in the mountains, which I would love to do anyway.
I just want you to understand it is only my opinion that the wife be there for the interview. I know of nothing else that may help. It does not mean it will help, but it sure can't help. I would rather be there than wait another year to go by and try again.
Jenn I think you answered your own question.
Respect. The CO's dont respect our men.
Being there in Moroc possibly shows the CO that you have a valid relationship if you are there during the interview. You are not allowed into the consulate when he has the interview. You would be waiting at a caffe. But your DH would make a point of teling the CO your wife is here if he/she needs to speak with her.
I will need to use some excuse to get off work too. When we fianlly get the date for the interview I will not have the time to make a request for time off. I also dont have any vacation time built up since I was on sick leave for 6 weeks last fall.
The only thing I or you can do is claim time off for the family leave act. Do you know about that? You can take time off work to attend to family illnesses. Your brother in law may qualify for that. You will have to have a medical statement from his doctor. Check into that option.
For me I have a statement on file already because I have asthma. It means I can be off work for that and not lose my job. As long as I don't say where I am going I should be ok to be in Morocco for a few days or weeks. I just have my doctor take me off work. He wants me to go on disability ( last year) because it is so bad. I get so very sick from perfume and fragrances. I was quite ill in Morocc from the disel fumes last year. If I was to live there I woud have to live in the mountains, which I would love to do anyway.
I just want you to understand it is only my opinion that the wife be there for the interview. I know of nothing else that may help. It does not mean it will help, but it sure can't hurt. I would rather be there than wait another year to go by and try again.
Oopsy again...I mean it can't hurt to be in Moroc for the interview but it sure may help.
I wouldnt be allowed in the consular? Why not? Its just waiting! My brother in law has some type of brain cancer or tumor the really arent sure yet. But he has been this way for months now he cant even work he is getting some type of disability pay cause of it I guess. My mother used the family medical leave act like this for her husband in Morocco before. But she never had to have a letter or anything from a doctor. I believe right now I can probably get like 5 days off. And I definately want to be there, but if they dont know im there how can it help? I dont know much about the family medical leave act I was just told by a few people I should try it.
Im thinking besides im diying to see my husband again. That going is the only way to make sure he is approved! Its been since August 2004 I saw him last might not look to great to them. But if any thing or a denial would happen we could try and overturn it right there. While im there to prove them wrong!
Could you tell me more about Family Medical leave act since you have used it before please?! Thanks
I don't know why they won't let you in the consulate. To get in you must speak to the military police and state your business. I just know others where not allowed in for the interview if that was their purpose for being there. How will it help? It will help because you are there waiting for him. If they pull any ####### your husband can always go and get you to speak with the CO. They will know you are waiting outside because your husband will tell them! He must make sure the CO knows you are just outside waiting to hear the good news.
As to the family leave act you can accsess it at your place of your employment or on line.
http://www.dol.gov/esa/whd/fmla/
I have copied a few of the pertinent guidelines here>>>
Family and Medical Leave Act (FMLA)
Quick Links
Links to ESA compliance resources:
ESA Compliance Assistance
WHD Compliance Assistance
Links to other Departmental compliance resources:
Compliance Assistance
Summary of Major DOL Laws
Compliance Tools
Employment Law Guide
The Law
The Regulations
29 CFR Part 825
Special Rules for Returning Reservists under USERRA
Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition;
to take medical leave when the employee is unable to work because of a serious health condition.
Since it has been quite a while since you have seen your husband it would be my guess that being there during his interview would be a good idea.
Jen..
the reason why the priority is favorable to k-1s are because, the goverment has heads up on whom you are bringing over to marry. when you marry withou their knowledge they get pissed off about. they dont have warning so they pentalize us. bottomline the goverment can not play cupid.
Where are you geting your info at? The k3 has the same info on it as the k1.
Chi,
K-1 and k-3 are diffrent. same 129f petition but diffrent requirements
K-1 is for fiancee.
k-3 is for married persons.
you have to apply for k-1 if your intention is to be in the USA to marry.
K-3 you basicly dont have to apply for this- this is ONLY to allow the spouse in the
USA and wait for the green card. again its an option not a requirement.
if you married already in the USA or out of the USA.
k-1 is usless. however if the goverment dont reconize your marriage.
k-1 is the option for you.
if in the USA file to AOS
if out of usa file CR1 and k-3 if you want to.
Wait, you say>>>>
"if you married already in the USA or out of the USA.
k-1 is usless. however if the goverment dont reconize your marriage."
The government does not reconize marriage out of the USA? Sorry but that is incorrect.
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Jen..
the reason why the priority is favorable to k-1s are because, the goverment has heads up on whom you are bringing over to marry. when you marry withou their knowledge they get pissed off about. they dont have warning so they pentalize us. bottomline the goverment can not play cupid.
Where are you geting your info at? The k3 has the same info on it as the k1.
Chi,
K-1 and k-3 are diffrent. same 129f petition but diffrent requirements
K-1 is for fiancee.
k-3 is for married persons.
you have to apply for k-1 if your intention is to be in the USA to marry.
K-3 you basicly dont have to apply for this- this is ONLY to allow the spouse in the
USA and wait for the green card. again its an option not a requirement.
if you married already in the USA or out of the USA.
k-1 is usless. however if the goverment dont reconize your marriage.
k-1 is the option for you.
if in the USA file to AOS
if out of usa file CR1 and k-3 if you want to.
I know the difference between the two petitions. The requirements are basically the same whether it is a k1 or k3.
What I meant was your statement >>>
"the reason why the priority is favorable to k-1s are because, the goverment has heads up on whom you are bringing over to marry. when you marry withou their knowledge they get pissed off about. they dont have warning so they pentalize us. bottomline the goverment can not play cupid".
Where di you get this information?
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If this truly is the case then I go back to my post of the petition guidelines:
"In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition."
"When a petition is returned to DHS, if DHS concurs with the officer''s recommendation, DHS regulations require DHS/BCIS to provide the petitioner notice of intent to revoke, and to allow the petitioner an opportunity to rebut the grounds for revocation. DHS regulations require that, in the case of nonimmigrant petitions, the revocation must be based only on grounds specified in the regulations. Those grounds include evidence that the statement of facts in the petition was not true and correct, or that the approval involved gross error. The FAM often only summarizes the petition approval criteria because they are too lengthy and complicated to reproduce fully (the H regulations, for example, contain about 25 pages of double column material). Absent access to the full DHS regulations, conoffs may not be aware of all of the factors considered by DHS in approving a petition. In addition, conoffs are normally less knowledgeable about the basis for petition eligibility than DHS personnel; they therefore should not jump to conclusions regarding petitions. In addition, conoffs should return petitions only where there is specific, material and clear evidence to provide the DHS a basis to initiate petition revocation procedures.
Sufficiency of evidence"
As far as I am concerned this is discrimination.
Regarding my petition, DHS is full aware we met online and the timeframe between meeting and marriage proposal and approved the petition with supporting evidence of a valid relationship. It will be interesting to know about my case when I get a notification from BCIS...even if they still do not say the exact reason why, they will receive ALL of our ongoing evidence of a valid relationship.
~Kiya~ The guidelines clearly state:
consular officers do not have the authority to question the approval of petitions without specific evidence,
generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status
conoffs should return petitions only where there is specific, material and clear evidence to provide the DHS a basis to initiate petition revocation procedures
If this is the guidelines, why then are they being violated? It says the CO must have SPECIFIC evidence. In America when one is considered a suspect they are told what the charges are against them and given the opportunity to defend themself. The DOS does not offer that to couples seeking to be together. WHY???
I don't think trying to figure out why a couple was denied will do any good. Why waste the time? I for one do not have such time. I feel the time would be better spent finding a way to hold this consulate responsible for violating our constutional rights. Those rights are ....being innocent until found guilty. My husband and I have been made to feel as if we are criminals. What did we do wrong? We angered the American government by getting married in Morocco????? (as suggested here on VJ) This is our penalty? Why then do K1's get denied? Because they want to get married? BS
People people, lets try to make sense of all this without all the guessing games.
Kiya, when we gonna start this group that is so desperately needed? Lets call it COUPLES DENIED VISAS.
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Jen..
the reason why the priority is favorable to k-1s are because, the goverment has heads up on whom you are bringing over to marry. when you marry withou their knowledge they get pissed off about. they dont have warning so they pentalize us. bottomline the goverment can not play cupid.
Where are you geting your info at? The k3 has the same info on it as the k1.
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Jenn I think you answered your own question.
Respect. The CO's dont respect our men.
Being there in Moroc possibly shows the CO that you have a valid relationship if you are there during the interview. You are not allowed into the consulate when he has the interview. You would be waiting at a caffe. But your DH would make a point of teling the CO your wife is here if he/she needs to speak with her.
I will need to use some excuse to get off work too. When we fianlly get the date for the interview I will not have the time to make a request for time off. I also dont have any vacation time built up since I was on sick leave for 6 weeks last fall.
The only thing I or you can do is claim time off for the family leave act. Do you know about that? You can take time off work to attend to family illnesses. Your brother in law may qualify for that. You will have to have a medical statement from his doctor. Check into that option.
For me I have a statement on file already because I have asthma. It means I can be off work for that and not lose my job. As long as I don't say where I am going I should be ok to be in Morocco for a few days or weeks. I just have my doctor take me off work. He wants me to go on disability ( last year) because it is so bad. I get so very sick from perfume and fragrances. I was quite ill in Morocc from the disel fumes last year. If I was to live there I woud have to live in the mountains, which I would love to do anyway.
I just want you to understand it is only my opinion that the wife be there for the interview. I know of nothing else that may help. It does not mean it will help, but it sure can't help. I would rather be there than wait another year to go by and try again.
Jenn I think you answered your own question.Respect. The CO's dont respect our men.
Being there in Moroc possibly shows the CO that you have a valid relationship if you are there during the interview. You are not allowed into the consulate when he has the interview. You would be waiting at a caffe. But your DH would make a point of teling the CO your wife is here if he/she needs to speak with her.
I will need to use some excuse to get off work too. When we fianlly get the date for the interview I will not have the time to make a request for time off. I also dont have any vacation time built up since I was on sick leave for 6 weeks last fall.
The only thing I or you can do is claim time off for the family leave act. Do you know about that? You can take time off work to attend to family illnesses. Your brother in law may qualify for that. You will have to have a medical statement from his doctor. Check into that option.
For me I have a statement on file already because I have asthma. It means I can be off work for that and not lose my job. As long as I don't say where I am going I should be ok to be in Morocco for a few days or weeks. I just have my doctor take me off work. He wants me to go on disability ( last year) because it is so bad. I get so very sick from perfume and fragrances. I was quite ill in Morocc from the disel fumes last year. If I was to live there I woud have to live in the mountains, which I would love to do anyway.
I just want you to understand it is only my opinion that the wife be there for the interview. I know of nothing else that may help. It does not mean it will help, but it sure can't hurt. I would rather be there than wait another year to go by and try again.
Oopsy again...I mean it can't hurt to be in Moroc for the interview but it sure may help.
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Wow...how did that happen? Somehow my post ended up in another box....so sorry.
Jenn
If I were you, I would be there in Moroc when he has his interview. You will have a better chance of approval. How I wish I had been in Moroc with my husband. As it was I went back to Moroc about a month later anyway and my husband is still not here with me.
I plan on being there when we get our next date. I don't have the money or the time off work either but I want my husband here. It will be worth it in the end to be there in my opinion. That was also the opinion of the couple who were denied a year ago and had a 2nd interview. The CO told the fiancee to go get her, they wanted to see her. So he ran to the caffe and brought her into the consulate whereby she spoke her mind to them about what they had done and she would not take no for an answer to receiving a visa. They got the visa and the CO was then pretty nice to her. Must be because she is American??? But he is not therefore they abuse our men??? Just a thought.
If interviews are being help up because of 2nd interbviews, why then are the fiancees getting fast interviews??? Why are the married couples made to wait? Makes you wonder. It also appears it is the married couples who are being denied more often. Why is that??? Like Ellis said...the CO's are not to be the adjudicators. The CO's must have concrete proof of fraud!!!!
Ok, I am not going to start another rant...lol
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We were denied March 25, 2005.
Petition received NVC in July 05.
Petition received at California Service Center in September 05.
Notice of Intent to Revoke received in October 05.
Reaffrimed November 05 and resent to NVC.
Case ready for 2nd interiew (?) January 06.
Still waiting...
Oh and we will be lucky to get an interview (if that is what we have to have) in April!!! Yet everyone else seems to be moving alone swiftly. Seems to me married couples should not be last in line.
Chiquita,
You had mentioned before that your K-3 is no longer valid, and that you are now working on the I-130. So I am curious....has the NVC sent you the DS-230 and the I-864? Those are the requirements when you are working on the approved I-130, but I see that the NVC has had your papers for 2 months. It took ours 4 months at the NVC before they forwarded it to the consulate. Also, did you know that for this visa it is the NVC that will schedule the interview not the consulate?
Although I am not 100% sure about this, but I would bet money that you will have to have another interview since you are now going for a different visa. I hope not for your case, but I wouldn't be surprised. Keep us informed, I extremely interested in your process since you are pretty much ahead of all of us on this.
The k3 expires after 4 months, so yes we needed to use the I-130.
This is what happened in that situation. Our k3 was approved first so naurally we went with it.
Once we were denied a visa with the k3 and was told it would expire I finished up sending in all the papers for our I-130 hoping like others that we could just use that petition. Well come to find out, the I-130 is the pettion that gets returned from the NVC to the CSC. The k3 goes back to Missouri where it came from.
Ok, let me clarify that. I was told by a senator and a few attorneys to get the I-130 processed and use that petition. Little did they know it doesn't work that way. Hello, does anyone know how this sytem works??? Guess not, we just walk blindly through it. Oops...sorry, just need a little venting.
Anywho...our I-130 was sent back to CSC and then it was reaffirmed and sent back to NVC for action. It was all finished when it was returned to California in June 05. So I didnt really need to do anything with it. I found out it was returned to CSC when I called to make an inquiry as to when they might schedule an interview.
When I find out what is next I will let you know. The CO told my husband that he would call him when he received the information back from BCIS. I was told by the consulate the same thing. So we will see, does my husband have to have another medical? Does he need another interview?? The one couple who went through this before me did not need either, so I am waiting to find out for us.
Right now im considering going to my husbands interview. He dont see how it can help but I want to see him again and Id like to go the interview. But money, work and time off is the main problems and concerns. I think going to the interviews is a little way to intimate them they cant say you have no relationship if your there with them~!I dont know how all these denials are happening. I will keep offering prayers to all of you. at our embassy < ISL > we have the endless AR/AP sink hole. there seems to be no end to it in sight. so you ladies here realize you have our support too.
jenn,
we as muslim americans have been discrimnated alot.
when it comes to getting visas. this is another form of it.
check it out. this site is for muslim americans -by muslim americans
If I were you, I would be there in Moroc when he has his interview. You will have a better chance of approval. How I wish I had been in Moroc with my husband. As it was I went back to Moroc about a month later anyway and my husband is still not here with me.
I plan on being there when we get our next date. I don't have the money or the time off work either but i want my husband here. It will be worth it in the end tobe there in my opinion. That was also the opinion of the couple who were denied a year agao and had a 2nd interview said. The CO told the fiancee to go get her, they wanted to see her. So he ran to the caffe and brought her into the consulate whereby she spoke her mind to them about what they had done and she would not take no for an answer yto receiving a visa. They got the visa and the CO was then pretty nice to her. Must be because she is AmericaN??? But he is not therefore they abuse out men??? Just a thought.
One thing that gets me is when people I know talk about bad people or doing wrong stuff. They automatically jump to the conclusion a muslim did it or was the cause. I saw the other night I believe on Law and Order it was about a Moroccan actually that was a terroist there to blow him self up in a Veterans Day parade. I didnt care for them to show that Moroccans are this way!
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We were denied March 25, 2005.
Petition received NVC in July 05.
Petition received at California Service Center in September 05.
Notice of Intent to Revoke received in October 05.
Reaffrimed November 05 and resent to NVC.
Case ready for 2nd interiew (?) January 06.
Still waiting...
Oh and we will be lucky to get an interview (if that is what we have to have) in April!!! Yet everyone else seems to be moving alone swiftly. Seems to me married couples should not be last in line.
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You know everyone is giving out advice as to what to have your SO do at the time of the interview. Nothing is 100%. We all have our opinions and ideas. Some may even think that those of us who were denied missed something or had a reason for denial. That is NOT true. Our chances were that same as anyone elses. For some reason we were singled out, was it a random thing? Who knows, all I know is I prepared my husband so well. We had everything covered, yet what went wrong? Who can give us the answers? Let me tell you, there is no one who can give the answers. I have yet to know the reason the CO did what he did to us.
BEST ADVICE FOR THOSE STILL WAITING FOR AN INTERVIEW>>>>>>
BE THERE!!!!!!!!!!!!!!!
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Kiya,
Just keep going. No one will ever understand what we are going through unless they have experienced it themselves and then there are those who have no compassion. I will fight this injustice until I am no longer of this earth.
I know change is possible. The same thing was going on in South Africa and it finally was taken care of. As we all know, anything in the government areana takes lots of time. Kudos for those who continue to help others even when they dont need the help themselves. My husband will be here soon and we will continue this fight against injustice together.
I met my DH in 2003 and at that time joined many groups who were going through the immigration process in Casa. No one was denied. The denials started in 2005 it seems. So what changed? What caused this to happen? Who is responsible? This is what we need to find out. I know I have done so much research since we were denied and it is my opinion that the only sure way to get your DH/DF a visa is to be in Moroc during the time of his interview. Why wait to go until after he is denied? Why take the chance?
I know of an attorney in Alabama who may take up our cause. He fights immigration issues in federal courts. I was also hoping we could perhaps get Ellis involved. It will take money for all this but if we do it as a group, it is plausable.
Hang in there!!!
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Lynne,
The only option that I know of is to be with him when he has his interview. Of course you will have to be waiting outside the consulate but he can make sure the consular officer knows you are there with him. If he gets denied you can be there to answer any questions and pressuer them to give you answers!!! How I wish I had been there for us!!
At this moment, I am just so heartbroken for you guys. I don't understand what is going on... and how they can deny you guys. If I could... I would take away your pain and tears...
My heart is soooo heavy at this moment... seriously heavy... I really have no words to describe it... and I wonder... what will happen to others of us who are waiting to go through the Moroccan Embassy? What is gonna happen to you guys? What exactly IS the best answer? I for one am becoming afraid of what may happen... but like Kiya... I'm not giving up... I will continue praying for you guys... for all of us... Inshallah, something will happen to turn around this nightmare. *hugs ya'll*
Lynne
I think that is a wonderful idea... but I had previously read on the Moroccan Embassy's website that they don't allow the petitioner to be present... has this changed? That would be wonderful news if it has... I am really getting freaked out here... sorry Kiya, Mary... this is not to draw any attention away from you guys... I just think that there should be something that we could do to stop this insanity that is happening! Thanks guys!
NO, you cannot be with him at the interview, but you can be with him in Morocco waiting outside the consulate. All your DF/DH has to say is my DF/DW is waiting outside for me to the CO.
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FYI....BCIS will NOT tell you WHY your petition was returned!!!
I know everyone keeps saying that we will find out the reason, but you won't! I have never found out why. BCIS just quoted law they have information saying it appears my husband is not eligable.
I just wanted everyone to know...you will never know the reason the CO gave for the denial.
221g
in Middle East and North Africa
Posted
I hope you heal quickly and can find a man who will love you sooooooooo much!!! Please don't write off Moroccan men for one bad apple. I am sure there are a lot of men using women to get a green card. That is where the woman needs to be wise and use her intuition if there is even an inkling of suspicion regarding the relationship. There are always "red flags" that we tend to overlook for whatever reason. i wish you the best!!!