chiquita

This is just a thought, and maybe no one else will want to do this, but what are the chances that everyone here going through Casa that had their petitions sent back to the CIS without a resonable explanation would want to send a copy of their 221(g) in one letter to Maura Harty? This way she could see that many people have them sent back without a reasonable explanation as to why, thus sparking an investigation of Morocco.

Whats your thoughts ladies?

Ok... I am all for this if it will help... but I have a silly question... WHO exactly is Maura Harty?

Maura Harty is Assistant Secretary, Bureau of Consular Affairs

Link to her Bio>>>

http://www.state.gov/r/pa/ei/biog/6297.htm

Kiya,

Your k1 will not expire. It will be returned to BCIS. You will get a NOID and an opportunity to submit the proof. BCIS will not tell you what the denial was. They will only quote law such as "it appears benificiary is not eligible..." That is all I got and 2 other women I know who are going through this. One was a K1 denial and she got a visa for her DF last month. It took 1 year for the process. I think everyone will get a visa at some point because what Casa is doing is against the law and BCIS knows it and so they reaffrims the petitions and return them back to DOS for action.

Now as to the K3, it does expire after 4 months of being approved. Then the BCIS works with the I-130. For you, I do believe if you do get married, the issue with the denied K1 will come up and cause you some problems. I would wait for the K1 to resolve. Who knows, maybe it will go a lot faster for you.

There does seem to be something going on at the consulate. We have been waiting since Jan 11th for an appointment. I do know if one complains about a consular officer, and that officer gets more than 3 complaints, action is taken. It remains in their file. The officer who denied us seems to be gone now. I am thinking we really need to do something to get all of this opened up and looked at in the courts. Like a class action suit.

For those who are awaitng interviews...my best advise is to be in Morocco for the interview. While it is true you must wait outside the consulate, your DF/DH can be sure to inform the CO that you are just outside waiting if there are any problems/questions.

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 agree!!! I have wanted this now for almost a year. We were denied March 25 and my husband had so much proof of our relationship but was not asked to show it. And guess why we were denied? "Due to the validity of the relationship"!!!!!!

Casa is violating the law and we are letting them get away with it!!!!!!! Even though we have overcome the denial, we will be here to help others fight for their rights. I do beleive we need to band together as a group and take this issue to court!!

I have researched so much on this subject already. I saw it's time to get the courts involved.

Oops...I mean I SAY it's time we take action in the courts.

Did they say why??????

Remember they MUST give you a reason!!! That is the law, they must also give you a change to overcome the denial before they send it back. More law.

Our K3 of course has expired. Our I-130 was sent back to BCIS and they reaffirmed it and returned it to the NVC. NVC schedules the interview date so that is what we are waiting for with the consulate. The CO told my husband when he received the info from America, he will call him. I have no idea what my husband will have to go through again. I am hoping he will be issued the visa when NVC gets us a date. We have been waiting since January 11th for the date. I e-mail NVC every week hoping for a date. So far, nothing.

Another couple who were denied had their second interview and was issued the visa. They saw one of the women at the consulte. She was very rude to them! The recommendation is to accompany your husband/fiancee to the interview for better results. But then, who knows who will be denied and who will be approved??? I am hoping to be there at the consulate waiting outside.

As to those who are fearful of contacting another agency reagrding a denial or for that matter an approval, I say contact everyone you can think of to let them know what is going on!!! How will anything change unless we get the ball rollong for change?? That is what is so good about being an American, we have the choice to get things changed!! I contacted everyone I could think of to get help. Sad to say, it didnt help. However, if there are enough of us to join together to make enough noise, maybe, just maybe there will be a change on our we are treated!!! I feel as though I am in a huge black hole and there is no one who can help. What an outrage!!!

Sorry, just venting a bit.

Ellis is a very good attorney and you can hire him. He helped us. I tried get others to comtact him for their returned cases. If one is going to spend money on an attorney he is the one to spend it on!!!!!!!!!!!

Also fatimah, you do not need to file another K3 petition! It is a waste of your money. Find out where your I-130 is at. While it is true that the K3 is no longer valid once returned, the BCIS will be reveiwing your I-130 and working with that petition. As I have said before, your attorney must not know much about immigration if he has you file another K3 petition. Ellis is the attorney I would have working for me if I was denied a visa!!!!!!!!!

This is what I found in the "Marriage & Fiance Visa Guide" (page 15/11), Attorney Ilona Gray (nolo.com)

"Denial of Fiance Visa at US consulate:

If you are applying for a fiance visa through a consulate overseas, you have no appeal after a denial. The consulate is at least required to tell you the reason for denial, and often the fastest thing is to fix the problem and re-apply. If the issue was whether you truly intended to get married, it might be wise to marry in your home country and work on gathering evidence that your marriage is the reaL thing before you apply for an immigrant visa"

The author also suggests to hire an immigration attorney immediately after a denial. Have you contacted one? It will certainly be very helful. Try. Perhaps it will work?

My advise to your letter: don't use too many negative connotations, or blame the authorities for their total inepty. After all, the CO still has the power to help you.

God Bless

A petition being sent back to the US is not a "denial." The file is being sent back for 'review'...and yes, I have spoken to 4 attorneys. I will hire one in the next 3 months for when I get the notice from the government and will have legal representation ready for when I respond, I will only have 30 days to do so. I have the right to rebut their finding what ever it is and prove otherwise...period.

Only after a rebuttal is found "not satisfactory" by the BSCIS will a petition be officially denied. You have to start over with a new petition and ALL evidence from the first petition WILL be used for the next petition regardless of visa class i.e. K1/K3/CR1/DCF, etc.

Information coming from an attorney website like this is not always helpful and can be very misleading. My brother-in-law found one site that suggested the K1 is harder than the K3 which is always a guarantee of immigration to this country...and without an attorney's help you are basically leaving yourself open to the government abusing you. This is obviously a ridiculous scare tactic into hiring an attorney to start a visa petition. He sent it to me to get my opinion...and boy did I give it, LOL.

Any information coming from an attorney like this should be "case specific" as details in each case are different. All of the attorneys I spoke to had to know details of my case before giving me any kind of helpful information or advice...and all said the same thing to me. I am doing right now what they would be doing by contacting the consulate, my senator, etc. Until I receive that notice, there is nothing else an attorney can do for me. Then the only thing they can do is represent me in my rebuttal.

As for all communications I have sent to the consulate, my Senator, etc...have all been extremely professional, analytical and well thought out before implementation. I am used to writing to and for many levels of authority figures from many different cultures around the world...it is part of what I do for a living.

I really appreciate everything everyone is sharing and all support that has been provided here. We will get through this regardless of the outcome of this petition.

~Kiya

Kiya,

Once your senator gets a response as to the reason your file was returned, you can work on the evidence needed to overcome the NOID. I would not wait until you actually get the NOID. The consulate will give senators and congressman the reason your file was returned.

Now as to the wording we are using here. Technically speaking the CO must make a decision on whether to approve or deny the petition on the day of the interview. The CO must do this. (I have the rules to prove it) So in returning the file to BCIS it is a denial for a visa. I know McKeever was clever in his wording, but let's understand the reality of the situation. Our men did NOT get a visa on the day of their interview. In essence they were denied. According to 221g "they do not meet the requirements" to have a visa issued. In my mind we were "denied". It will then be up to me to "prove the CO wrong" when i receive the NOID letter to overcome his denial. If I fail at that then the BCIS will revoke my petition. It is at that time I can reapply or file an appeal with the appeals unit.

Let me also say that this is a very emotional time for all of us that are going through this. I for one never dreamed i would go this this as I was so sure I covered every aspect when I filed my petitions. I now know that I did nothing wrong. It was the CO who did not do his job. He also played word games with my husband by saying "I need more information from America"' Why not be truthfull and do his job properly and ask "do you have proof of the relationship?" Another issue is they are to throughly explain the reason for the 221g and then tell the person what they need to overcome the 221g. This does not happen!! They ask every other question, even those questions that should be out of bounds for them to ask. These CO's know what they are doing when they return our petitions. Mc Keever also knows. Why the lies?? Why did McKeever play word games with you? I believe they are doing it because they can, no one has stopped them. They are so to speak, an island to themselves.

The bottom line is you will find the reason for the return of your petition once they respond to your senator. (Did they send an e mail or snail mail to the consulate?) Usally the consulate responds in a few days. Then you can build your case to have BCIS reaffim your petition. For one, the consulate doesnt even return your petition, they just send the letter. I have all that info too.

It has been 11 months since my husband's interview and I have time to contemplate and reflect on all that has happened and I know with out a doubt we did nothing in error. It is my opinion that this consulate is in many violations of federal rules and laws. Now how can we get it fixed? My husband will be here soon. I know many will go off and live their wonderful lives once that happens, but I don't want other couples to go through what I have so I want to get this situation changed!!

I hope I can help anyone who finds themself in this black hole called immigration!

I have a friend who told me about the experience in S. Africa. The consular was quite corrupt and they fought for 5 years to get it corrected. The story is such a sad one but they did finally triumph and the consular was replaced. The couple just came to the US in 2004.

I am definitely interested in hearing more about the issues with the consulate in South Africa...if you have more information, I would like to study it if I can. Was this couple alone in fighting this consulate, etc.

~Kiya

We went through South Africa and found them to be fast and efficient and fair. i was a bit worried becasue Nigerians are NOT well liked in South Africa. So I think the new consular is doing a great job.

Onwa,

That is great news! The couple I am speaking of went through this over 5 years ago.

This is what I found in the "Marriage & Fiance Visa Guide" (page 15/11), Attorney Ilona Gray (nolo.com)

"Denial of Fiance Visa at US consulate:

If you are applying for a fiance visa through a consulate overseas, you have no appeal after a denial. The consulate is at least required to tell you the reason for denial, and often the fastest thing is to fix the problem and re-apply. If the issue was whether you truly intended to get married, it might be wise to marry in your home country and work on gathering evidence that your marriage is the reaL thing before you apply for an immigrant visa"

The author also suggests to hire an immigration attorney immediately after a denial. Have you contacted one? It will certainly be very helful. Try. Perhaps it will work?

My advise to your letter: don't use too many negative connotations, or blame the authorities for their total inepty. After all, the CO still has the power to help you.

God Bless

I disagree that there is no appeal according to the law. Granted a beneficiary cannot appeal, but the petitioner can appeal. There is no need to reapply either since onre has to put that denial on a new petition and I am sure it will be held up until the first petition denial is resolved. Sounds like a scare tatic to retain this attorney.

My husband was never asked and I do support him. So far as I know this is not an issue. My freind who was denied last year and just received a visa for her fiancee sent all of her proof of support in response to the NOID.

Tarikfes...I received your e mail. However, when I try to send a reply it comes back as undeliverable. I am interested in your suggestion. Kiya has the same suggestion as well.

.

By your posts above, it sounds like you had a K1 sent back to the US, then you got married an nullified the K1 with a K3 and it also was sent bak...is that correct?

~Kiya

Kiya,

I filed for the k1 and was denied in 2003 asking for a medical waiver before I met DH. I found out that it would never get approved so I went to meet him in person against doctors advice and that cancelled the k1. We deciede to get married and then I filed for the K3 which was denied by the consulate in 2004.

I am determined to get DH here. I spent endless hours in research because I could find no one who knew much of anything about consular returns. We are currently awaiting an appointment with the CO. I was told the NVC will make the appointment the second week of Febuary since they only make them once a month. Our I-130 was finallized January 11th. I am going to try and be there with him waiting in a caffe in case there is a problem. He should be able to get his visa in a few days so I am hoping we can fly back together.

This has been a long 3 years for us, but we have managed to become stronger through it all. I want to help any one who gets into this night mare. Because a nightmare it is. The worst part is trying to explain to my DH why the CO did what he did. He would expect problems in Moroc but not from my government. I feel so disappointed in my government at this point. I just want someone to fix the problem.

I have a friend who told me about the experience in S. Africa. The consular was quite corrupt and they fought for 5 years to get it corrected. The story is such a sad one but they did finally triumph and the consular was replaced. The couple just came to the US in 2004.

What was the reason given for your denial? When were you denied? Do you have any info concerning your denial?

Kader, what was the reason for your denial? When were you denied? Have you tried to overcome your denial?

I don't know why the smiley faces show up in the letters here, they were not on the original letters. The letter I sent to Dale Rumbarger has not been answered, perhaps he will never answer it. But I sent it via signature reply so I have proof that I sent it. I sent everything so I would have proof that it was indeed received.

Here is the letter to Rumbarger:

Dale Rumbarger

United States Department of State

Washington, D. C. 20520

Dear Mr. Rumbarger,

Thank you for your response to my dilemma. I do have a few questions to ask the Department of State.

You indicated that the U. S. Consulate in Casablanca was unable to verify my husband's marital relationship and thus was refused his application for that reason. Sir might I ask you if the consular officer bothered to even ask my husband or even try to verify or establish that we indeed do have a valid marriage? I can tell you NO, that did not happen. Instead the interviewing consular officer told my husband that he needed more information from America and that he would call my husband when he received that information. I called the Consulate on the following business day following my husband's interview (March 28, 2005) and asked the gentleman who answered the phone what type of information did the consular need. I was told that the information had to come from America and that they would contact me to get the information. I also asked him why the consular did not want to see the proof of our relationship like the papers said he needed to provide. He was surprised to hear that my husband had proof of our marriage on the day of his interview. He then called my husband and told him to bring the proof. He again called and said never mind don?t bring the proof.

I would like to know if this is the proper way for the American Government to conduct it's interviews?? My husband was well prepared on the day of his interview to establish our marriage yet he was not allowed to do so. WHY???? It appears to me that this officer has made some grave mistakes concerning our case and I would like to have some answers. We have been treated very terribly by this agency and I would like to know the reason for this treatment.

I do understand that the Department of State no longer has jurisdiction in our case. However, the problems originated with the Department of State. I feel that the Department of State should give me some answers and to also correct the mistake that happened to us. This has caused such a hardship for my husband and me. I do not wish to go to court. All I want is what is to be allowed to do what any other petitioner has the opportunity to do. That was the opportunity to show proof of our marriage to the interviewing officer. It appears my husband was arbitrarily selected and denied the opportunity to do this. Perhaps all of this was done because of our age difference. This was suggested by two of my senators liaisons who were making inquiries for me and a few immigration attorneys. That is discrimination. I even tried to bring the proof when I was in Morocco in May of this year. The consulate refused to speak to me. How can this happen?

By what has happened to us I feel like I am living in a nightmare of a country!! Yet I live in America the best country in the world! These types of tactics are so unacceptable for the American government. I pray my situation is cleared up quickly and my husband is here with me soon. When I see how my husband was treated and how we were lied to I am ashamed of my country for this behavior by a few federal employees.

I do apologize for my curtness but I am quite upset over what we have been through and the injustice done to my dear husband and me.

My questions are these:

Why didn't the interviewing officer ask for proof of our marriage like he is supposed to? My husband offered it when he turned in all of his other papers but he was told the interviewing officer would ask him for it.

Why did the interviewing officer tell both my husband and me that he needed more information from America when in fact what he what was needed was proof of our marriage? This led my husband to think our file was not complete and it would be a very short waiting period to secure the items needed as the officer said we will call you when we receive the information.

Why was my husband called on the phone by the consulate and told to bring the proof of our marriage and then the consulate called again and tell him not to bring it? (Knowing full well that was what was needed to overcome the denial.)

Why the lies to us?

Why were we not given the truth so we could overcome the denial?

I trust you will be able to provide these answers to me.

Sincerely,

Barbara ######

Wife of ########

This is a copy of my Exibit B. I included documents with every date to back up what I did. I kept a paper trail of everything I did.

II. EXHIBIT B-Chronological list of steps I took to attempt to resolve the

situation with the Consulate, seeking help from the Department of State, my

Senators, my Congressman, and the National Visa Center.

1. MARCH 28, 2005

I called the U.S. Consulate in Morocco on March 28, 2005 desperately seeking

to find the out was going on. The gentleman (Moroccan) who answered the

phone said our papers were being returned to America for more information. I

asked him what information was needed, as I may be able to provide that

information. He said the information could only come from America. Immigration

would get the papers and notify me of what was needed. This sounded so

ridiculous to me as here I was on the phone offering to provide what was needed!

I asked how long all of this would take and he said up to 3 months.

I then asked if I could please speak to the man who did my husbands

interview and he did manage to get him on the phone. The man said due to high volume

he could not speak with me and for me to send an email. I tried to explain I

have done that before and I never received a response, but he did not hear

me, he just gave me the email address and hung up.

Then I got on line to talk to my husband and the consulate called (it was

the same Moroccan gentleman who I had spoken to earlier) my husband and told

him to tell his wife the papers did not get sent to America. Now the consulate

officer wants to see proof of our relationship. During the interview the

consular did not ask for proof of our relationship. My husband had a huge blue

folder filled with such proof. Now they wanted him to come to Casablanca and

show proof. The man was stressing to my husband to make sure your wife knows

the papers did not go back to America.

I had my husband call the consulate back and verify when he was to bring the

proofs to Casablanca. He was told to come tomorrow (March 29) at 10 am. He

was going to get a ticket on the train when the consulate called him again

and told him not to come to Casablanca. They said they knew it was a long trip

for him and he lived far away.

Then he was asked about a petition I had filed for a fiancé that was denied.

My husband informed them that he was the fiancé I had petitioned for. I had

sent in the petition before we met asking to waive the requirement to meet

in person, not fully understanding getting a waiver is next to impossible. In

my current petitions for the K3 visa utilizing the I 129f and the I 130 it

does ask if I petitioned for anyone and I did state yes and sent supporting

documents along with explanations in detail as to what happened which should be

with the petition (I 129f) the consulate now has.

Then my husband was told they would call him. That has not happened and we

were left in limbo.

2. MARCH 29, 2005

I sent an e-mail to the U.S. Consulate in Morocco asking why we were denied

the K3 visa.

3. MARCH 29, 2005

The U.S. Consulate replies to my inquiry saying the consular officer decided

to suspend processing of our case and return it to CIS for further

consideration.

4. MARCH 29, 2005

I e-mail the consulate and ask for them to give the reason for this action

and what the decision was based on. The consulate does not reply to my

inquiry.

5. MARCH 29, 2005

I wrote a letter to President Bush seeking his help. I received a reply

April 15, 2005 saying my letter had been forwarded to the Department of State.

I have not yet heard from the Department of State.

6. APRIL 2005

I contacted Senator Levin's office for assistance. Senator Levin's office

received a reply from the U.S. Consulate indicating our file was sent back

for "further consideration and possible investigation".

7. APRIL 15, 2005

I e-mailed the National Visa Center asking if they had received our file

from the Consulate yet.

8. APRIL 15, 2005

I send an e-mail to the National Visa Center asking of the status of our

approved I 130.

9. APRIL 15, 2005

I receive a reply from the NVC regarding our approved I 130

10. APRIL 28, 2005

I e-mail the National Visa Center again asking if our file has been

received.

11. APRIL 29, 2005

I received a reply from the NVC to contact CIS where my petition was

originally submitted.

12. APRIL 2005

I contact Senator Stabenow's office for assistance. Senator Stabenow

receives a reply from the Consulate too. Acting Consular Timothy Ponce says our

file was returned to "review the validity of the relationship, which must be

established during the interview to the satisfaction of the consular officer".

13. MAY 2005

I contact Congressman Mike Rogers for help. His office sent an inquiry to

the Consulate and received a reply from Matthew McKeever; Chief of the

Consular Section indicating our file was returned to "review the validity of the

marital relationship".

14. MAY 17, 2005

I travel to Morocco to be with my husband.

15. MAY 26, 2005

I sent another e-mail to the U.S. Consulate in Morocco still seeking the

reason we were denied a K3 visa. I tell them I am in Morocco and I would like

to come and establish that my husband and I indeed have a valid

marriage/relationship.

16. MAY 26, 2005

I again write to the national Visa Center asking if our K3 has been

received.

17. MAY 29 2005

I wrote to Michigan Senator Michael Bishop. He kindly responded and

forwarded my concerns to Congressman Rogers.

.

18. MAY 31, 2005

I send another e-mail to the National Visa Center asking if our K3 had been

received.

19. MAY 31, 2005

I send another e-mail to the U.S. Consulate in Morocco asking to bring proof

our marriage/ relationship to the Consulate.

20. MAY 31, 2005

The National Visa Center sends a reply saying our petition was returned to

the CIS, but did not say why or when.

21. JUNE 1, 2005

I call the U.S. Consulate in Morocco. The gentleman (Moroccan) who answered

the phone told me that the Consulate no longer accepts phone calls. He tells

me I must send an e-mail. I try to explain I am now in Morocco wanting to

have an appointment to bring the proof of my marriage to them. He says send

an e-mail, which I do.

22. JUNE 1, 2005

I send an e-mail to Secretary Rice asking for her help.

23. JUNE 1, 2005

I send a e-mail to the U.S. Consulate (I send it to the two e-mail addresses

I have for the Consulate) in Morocco begging to provide proof of our

marriage.

24. JUNE 1, 2005

IV Casablanca sends me the same reply that our file was sent back to the

NVC. No other information as to why is given nor is there any response to my

request to come show proof of our marriage

25. JUNE 2, 2005

I receive an e-mail from the National Visa Center saying our K3 was sent to

Casablanca on February 2, 2005. I was asking for the address to the Missouri

Service Center so I could write and inquire our returned K 3 petition.

26. JUNE 2, 2005

I wrote to the U.S. Consulate in Morocco asking for an appointment to bring

in proof of my marriage. I am explaining that I am in Morocco and I have a

very short time left before I have to leave and I would like to bring the

proof of our marriage.

27. JUNE 3, 2005

I wrote to personally to Mr. McKeever and Mr. Ponce begging to have an

appointment at the U.S. Consulate to bring proof of my marriage.

28. JUNE 7, 2005

I send an e-mail to Margarita Valdez Immigration Specialist for Congressman

Mike Rogers's office from Morocco. She replies on June 9, 2005. I respond

and ask for more information. She again replies.

29. JUNE 10, 2005

More questions to Mrs. Valdez regarding our denial.

30. JUNE 13, 2005

I come back to the U.S. without my husband

31 . JUNE 13, 2005 and JUNE 27, 2005

Response from Mrs. Valdez.

32. JUNE 25, 2005

I send an e-mail to the National Visa Center asking about our I 130

Immigrant Petition.

33. JUNE 27, 2005

They respond on June 27, 2005 informing me that petition as well was

returned to CIS.

34. JUNE 28, 2005

I ask the National Visa Center why and when our I 130 was returned to CIS. I

receive no response from the National Visa Center.

35. JULY 6, 2005

E-mail from Mrs. Valdez saying I would be notified when a decision is made

by CIS

Unfortunately, you will never know the reason the CO denied and returned your case. As you can see from the NOID I received it only said the CO "concluded" which is not enough reason to return the case. But they are getting away with it aren't they? How to stop this madness? I don't know. But I am sure it will continue until each and every couple who have been denied like this complains to the proper authorities, whom ever they might be. I was thinking of writing to President Bush again to give an update. I know that my letter will be forwarded to the Department of State, but that is exactly what I want!

Here are what I found to be violations, italics are my comments, bold is my doing also:

VISAS - INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: SOP 61: GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors:

The consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition;

The memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and;

Consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.

(I would like to know what “substantial” evidence the consular officer had. What are the facts? Why didn’t the consular officer provide the reason for our denial?)

8. 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.

(Is the consular officer saying our petition is not true and correct?)

9. 9 FAM '42.43, Procedural Note One states that when returning petitions for possible revocation, "The original petition, along with all supporting documents, shall be returned under cover of a Form DS-3096, Consular Return/Case Transfer Cover Sheet, and a memorandum supporting the recommendation for revocation. The report must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant." The criteria cited in this note derive from the Board of Immigration Appeals case, Matter of Arias, in which the Board determined that the memorandum supporting a petition return did not constitute "good and sufficient cause" for petition revocation, because it consisted of "observations of the consular officer that are conclusory, speculative, equivocal, or irrelevant to the bona fides of the claimed relationship".

(Is this what happened to our case?)

10. Memoranda supporting petition returns should be scrutinized carefully and objectively, bearing in mind that they may become relevant in litigation. The memoranda should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned. For example, a statement that unnamed neighbors told a fraud investigator that a couple was not married is likely to be viewed as of relatively little value compared to a statement that names the neighbors, explains the nature of their relationship to and knowledge of the couple, and sets out the specific facts that led to the conclusion that the couple was not married. Signed statements are of greater value than second hand reports. Where a statement is prepared in English by a non-native English speaker, it should be proofread carefully. Posts can consult with CA/VO/L/A on cases where there are questions or concerns over the sufficiency of evidence cited in the memo supporting a petition return.

(I am hoping we don’t have to resort to litigation.)

11. INA 212(B) requires the conoff in most cases to "provide the alien with a timely written notice that- (A) states the determination, and (B) lists the specific provision or provisions of law under which the alien is inadmissible." 9 FAM 42.81 Procedural Note one instructs the conoff to provide: "1) The provision(s) of law on which the refusal is based; (2) The factual basis for the refusal (unless such information is classified); (3) Any missing documents or other evidence required; (4) What procedural steps must be taken by the consular officer or Department; and (5) Any relief available to overcome the refusal."

(Why didn’t we get this opportunity?? My husband was fully prepared to establish our relationship at the time of his interview. Was this arbitral profiling by the consular officer? Why didn’t the consular officer help us to overcome the denial? The least the consular officer could have done was TELL us the real reason for the visa denial.)

12. There are legitimate reasons why in some cases a conoff should not release all information relating to a visa refusal; such reasons could include classification of the information, confidentiality concerns, the need to protect an informant, or the "third agency rule" (information from another agency should only be released with that agency's permission). However, absent such considerations, conoffs should provide the applicant with the full factual basis for a visa refusal, as well as a reasonable opportunity to overcome the finding. This is particularly important to ensure that the Department's interests are protected in any subsequent litigation. It is important that conoffs maintain a record at Post showing that Post provided a written notice of the legal ground for refusal to the applicant, and, if possible, the factual basis for the refusal (this will normally consist of a copy of the OF-194). Conoffs are also reminded that in accordance with 9 FAM 42.81 Procedural Note 9, and 41.53 Note 2.3, copies of returned petitions and all other relevant material must be retained at Post.

(Was our case classified? If not then why were we not given the chance to overcome the denial?)

13. Post's requests for petition revocation are often based upon investigation results. Consular managers should ensure that their fraud prevention programs actively tie investigations to legally pertinent factual questions, and that they are likely to produce concrete evidence. In other words, if an investigation that confirms conoff's suspicions will not serve to allow DHS to revoke the petition, post is not managing its investigations effectively. Posts can find useful guidance on managing investigations and other aspects of fraud prevention at CA/FPP's intranet site at http://intranet.ca.state.gov/fpp/fpphome.htm. In accordance with the guidance in 9 FAM 40.63 Note 10.1, where there is evidence that the petition was approved based on fraud, the fraud cannot be considered to be material until the petition is revoked, and therefore while post can enter such cases into CLASS as P6CI, post should not pursue a 6C finding until the petition is revoked or abandoned. As stated in 9 FAM 40.4 note 10.1, post should be aware that any evidence presented to DHS in support of a petition revocation may be passed to the petitioner as part of the petition revocation procedures. Finally, Posts should review 9 FAM 40.51 Note 10 on the handling of petitions where there is evidence that a labor certification was obtained by fraud or material misrepresentation.

(Can I know the results of the investigation? Are we considered criminals without charges?)

My first letter to USCIS before I received the NOID:

Department of Homeland Security

U.S. Citizenship and Immigration Services

California Service Center

Laguna Niguel, CA 92607

Barbara ############

Address

September 22, 2005

BCIS:

I am writing regarding the K3 visa that was denied to my husband Mohamed #### on behalf of myself Barbara ###### by the U.S. Consulate in Casablanca, Morocco. My husband’s interview was March 25, 2005. His interview took seven minutes and he was told by the consular that they needed more information and that he would send for the information from the National Visa Center and then the consular would call my husband. My husband was NOT told he was being DENIED. I found out that we were denied when my husband faxed the letter that he received from the consular. Indeed we were denied a K3 visa. But not for the reason my husband was told.

I called the U.S. Consulate in Morocco on March 28, 2005 desperately seeking to find the out was going on. The gentleman who answered the phone said our papers were being returned to America for more information. I asked what is the information that was needed, as I may be able to provide that information. He said the information could only come from America. Immigration would get the papers and notify me of what was needed. This sounded so ridiculous to me as here I was on the phone offering to provide what was needed! I asked how long all of this would take and he said up to 3 months.

I then asked if I could please speak to the man who did my husbands interview and he did manage to get him on the phone. The man said due to high volume he could not speak with me and for me to send an email. I tried to explain I have done that before and I never received a response, but he did not hear me, he just gave me the email address and hung up.

Then I got on line to talk to my husband and the consulate called my husband and told him to tell his wife the papers did not get sent to America. Now the consulate wants to see proof of our relationship. During the interview the consular did not ask for proof of our relationship. My husband had a huge blue folder filled with such proof. They wanted him to come to Casablanca and show proof. The man was stressing to my husband to make sure your wife knows the papers did not go back to America.

I had my husband call the consulate back and verify when he was to bring the proofs to Casablanca, as it is a long trip. He was told to come tomorrow (March 29) at 10 am. He was going to get a ticket on the train when the consulate called him again and told him not to come to Casablanca. They said they knew it was a long trip for him and he lived far away.

Then he was asked about a petition I had filed for a fiancé that was denied. My husband informed them that he was the fiancé I had petitioned for. I had sent in the petition before we met asking to waive the requirement to meet in person, not fully understanding getting a waiver is next to impossible. In my current petitions for the K3 visa utilizing the I 129f and the I 130 it does ask if I petitioned for anyone and I did state yes and sent supporting documents along with explanations as to what happened which should be with the petition (I 129f) the consulate now has.

Then my husband was told they would call him. That has not happened and we were left in limbo.

I wrote many times to the U.S. Consulate in Morocco seeking to find out what was the problem to no avail. I later found out that our file was indeed sent back to America March 30, 2005.

I wrote and asked help from President Bush, Secretary of State Rice, United States Senators Levin and Stabenow, Michigan State Senator Bishop, and Congressman Rogers. They made inquires for me to the consulate and the replies sent back to them indicated that our files was sent back to BCIS for further review and possible investigation and to review the validity of our relationship! I was shocked to say the least. My husband was not allowed to show proof at the time of his interview by the consular. And then when the consulate called my husband they seemed surprised that my husband had a folder with proof of our relationship on the day of his interview and said for him to bring it to them. Then five minutes later the man calls my husband back and says not to bring the proof! What is going on? The consulate has refused to explain anything to us.

Now according the Instructions provided with the packet from the U.S. Consulate in Morocco one of the items listed for the applicant to provide is “EVIDENCE OF RELATIONSHIP”. Why was my husband denied to provide this proof so he could establish we indeed have a real marriage and relationship? According to one of the many attorneys I consulted my husband was obviously selected arbitrarily because he is from an Arab country and because of our age difference!

I also found that according to the guidelines for returning petitions for possible revocation that if the consular knows or has reason to believe that alien beneficiary of an approved petition is not entitled to the accorded status the consular must provide a “report that must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal, or irrelevant. “ (9 FAM 42.43 Procedural Notes)

On the refusal worksheet (FAM 41.121 Exhibit II) it says “”JUSTIFICATION (Give a concise summarization of the facts on which decision to refuse is based and indicate the means whereby such facts were ascertained.)

What are the facts in our case for denial???

Another area of reading said this:

VISAS - INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: SOP 61: GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors:

A. The consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition;

B. The memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and;

C. Consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.

(I would like to know what “substantial” evidence the consular officer had. What are the facts? Why didn’t the consular officer provide the reason for our denial?)

8. 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.

(Is the consular officer saying our petition is not true and correct?)

9. 9 FAM '42.43, Procedural Note One states that when returning petitions for possible revocation, "The original petition, along with all supporting documents, shall be returned under cover of a Form DS-3096, Consular Return/Case Transfer Cover Sheet, and a memorandum supporting the recommendation for revocation. The report must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant." The criteria cited in this note derive from the Board of Immigration Appeals case, Matter of Arias, in which the Board determined that the memorandum supporting a petition return did not constitute "good and sufficient cause" for petition revocation, because it consisted of "observations of the consular officer that are conclusory, speculative, equivocal, or irrelevant to the bona fides of the claimed relationship".

(Is this what happened to our case?)

10. Memoranda supporting petition returns should be scrutinized carefully and objectively, bearing in mind that they may become relevant in litigation. The memoranda should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned. For example, a statement that unnamed neighbors told a fraud investigator that a couple was not married is likely to be viewed as of relatively little value compared to a statement that names the neighbors, explains the nature of their relationship to and knowledge of the couple, and sets out the specific facts that led to the conclusion that the couple was not married. Signed statements are of greater value than second hand reports. Where a statement is prepared in English by a non-native English speaker, it should be proofread carefully. Posts can consult with CA/VO/L/A on cases where there are questions or concerns over the sufficiency of evidence cited in the memo supporting a petition return.

(I am hoping we don’t have to resort to litigation.)

11. INA 212(B) requires the conoff in most cases to "provide the alien with a timely written notice that- (A) states the determination, and (B) lists the specific provision or provisions of law under which the alien is inadmissible." 9 FAM 42.81 Procedural Note one instructs the conoff to provide: "1) The provision(s) of law on which the refusal is based; (2) The factual basis for the refusal (unless such information is classified); (3) Any missing documents or other evidence required; (4) What procedural steps must be taken by the consular officer or Department; and (5) Any relief available to overcome the refusal."

(Why didn’t we get this opportunity?? My husband was fully prepared to establish our relationship at the time of his interview. Was this arbitral profiling by the consular officer? Why didn’t the consular officer help us to overcome the denial? The least the consular officer could have done was TELL us the real reason for the visa denial.)

12. There are legitimate reasons why in some cases a conoff should not release all information relating to a visa refusal; such reasons could include classification of the information, confidentiality concerns, the need to protect an informant, or the "third agency rule" (information from another agency should only be released with that agency's permission). However, absent such considerations, conoffs should provide the applicant with the full factual basis for a visa refusal, as well as a reasonable opportunity to overcome the finding. This is particularly important to ensure that the Department's interests are protected in any subsequent litigation. It is important that conoffs maintain a record at Post showing that Post provided a written notice of the legal ground for refusal to the applicant, and, if possible, the factual basis for the refusal (this will normally consist of a copy of the OF-194). Conoffs are also reminded that in accordance with 9 FAM 42.81 Procedural Note 9, and 41.53 Note 2.3, copies of returned petitions and all other relevant material must be retained at Post.

(Was our case classified? If not then why were we not given the chance to overcome the denial?)

13. Post's requests for petition revocation are often based upon investigation results. Consular managers should ensure that their fraud prevention programs actively tie investigations to legally pertinent factual questions, and that they are likely to produce concrete evidence. In other words, if an investigation that confirms conoff's suspicions will not serve to allow DHS to revoke the petition, post is not managing its investigations effectively. Posts can find useful guidance on managing investigations and other aspects of fraud prevention at CA/FPP's intranet site at http://intranet.ca.state.gov/fpp/fpphome.htm. In accordance with the guidance in 9 FAM 40.63 Note 10.1, where there is evidence that the petition was approved based on fraud, the fraud cannot be considered to be material until the petition is revoked, and therefore while post can enter such cases into CLASS as P6CI, post should not pursue a 6C finding until the petition is revoked or abandoned. As stated in 9 FAM 40.4 note 10.1, post should be aware that any evidence presented to DHS in support of a petition revocation may be passed to the petitioner as part of the petition revocation procedures. Finally, Posts should review 9 FAM 40.51 Note 10 on the handling of petitions where there is evidence that a labor certification was obtained by fraud or material misrepresentation.

(Can I know the results of the investigation? Are we considered criminals without charges?)

I know I have brought up a lot of questions and I am hoping someone can answer them for us. It seems that my government is discriminating against us for a few reasons and I don’t appreciate that at all!

Please find enclosed copies of what I have written about such as my letters and e-mails to President Bush, and the others as well as their responses. Copies of the Immigration info I was referring to, the letter my husband received at the time of his interview as well as a copy of the instructions sent out by the U.S. Consulate in Morocco regarding visas. I also have submitted copies of letters as suggested by my Senators from those who know us. As for proof of my trips to Morocco I have enclosed copies of many things relating to my visits. I have also put in some photos of Mohamed and me. I hopefully have included enough proof of our marriage/relationship that there leaves no doubt in any ones mind. I hope also that my husbands visa approval would be expedited!!

My husband and I have been made to feel like we have done something wrong. My husband feels like he is in exile! We are not criminals. But the U.S. Consulate in Morocco had judged us saying we need to be investigated over the validity of our marriage. If that is an issue why then is that not determined at the time I filed for the I-129 and the I-130 petitions?

I trust if you have any further questions relating to me or my husband you will notify me. I love my husband dearly and I miss him very much. I really thought we would be enjoying our life together by now. But we have been delayed being together by someone who thinks we should not be together. This is a great miscarriage of justice on the part of the U. S Consulate in Casablanca. Things need to be looked into as to why they are denying married couples to be together. I am not the only one who has been affected; I have met many many other couples that are going through what my husband and I are going through. And that is being denied a visa because of either our age differences or our spouse’s birth country using the excuse we have not established a valid marriage/relationship. Yet our husbands are not allowed to even try to establish that our marriage is real. The Department of State needs to look into these issues. I am sure that Department of Homeland Security can see a pattern with these petition returns. I would hope that an investigation would take place to find out why consular officers are doing this.

Sincerely,

My response to NOID:

Donald Neufeld, Director

Department of Homeland Security

U.S. Citizenship and Immigration Services

California Service Center

Laguna Niguel, CA 92607

Regarding Notice of Intent to Revoke

I-130 Petition for Alien Relative-My husband ###########

LIN ###########

Dear Mr. Neufeld,

Hello and thank you for giving me the opportunity to tell what happened to my husband and I.

.

I wrote to the U.S C.I.S. at the California Service Center and sent all my proofs of our relationship/marriage in on October 4, 2005. I have a confirmed receipt from the U.S. Postal Service that it was received by the U.S. C.I.S. California Service Center on October 6, 2005. Please find a copy of the receipt enclosed. I am hoping you have now received the package of papers and pictures that I sent and have had time to review them all.

The Notice of Intent to Revoke does not say how the consular officer concluded that my marital relationship with my husband is not valid. I would like to know how he concluded that. He spent 7 minutes asking a few questions of my husband and concluded we have not a valid marriage/relationship based on what? He never asked my husband for any proof to substantiate we are truly a married couple. My husband had a huge assortment of letters, pictures, emails, e-mail logs, chat logs to show the consular officer on the day of his interview. My husband tried to give all of this proof of our marriage along with all of his other papers prior to his interview to the man who collected the paperwork, but the man said to keep it because the consular officer will ask you for it during your interview. The consular office never asked my husband to provide proof or asked if my husband could establish proof of our marriage. My husband was told, "More information was needed from America". A bold lie!! If what the consular officer needed was the proof of our marriage, why didn't he ask my husband for it??? Why send our case back to America when the all the consular officer had to do was ask my husband if he could establish that we have a valid marriage? This has caused such a severe hardship for my husband and me keeping us apart for so much longer.

In the Matter of Estime, 19 I&N Dec 450 (BIA 1988) that you quoted in your letter, does not tell me what "good and sufficient cause" the consular officer has against us. Do we not get to know what we are charged with? Also “the evidence of record at the time of issuance, if unexplained and unrebutted, would warrant a denial” is an unfair statement towards us as the consular officer never asked for proof of our relationship/marriage but instead tricked my husband by saying he needed more information from America. Had my husband knew that the information the consular officer needed was proof of our relationship he would have gladly provided it. As a matter of fact he was waiting for the opportunity to give it to the consular officer. However my husband was side tracked by the officer’s statement that he needed more information from America. I am sure the consular officers are aware that the people who are seeking visas are nervous during the time of the interview and should do try to help the person feel more relaxed instead of tricking them with word games. My husband speaks English well, but I feel he was tricked by the consular officers’ statement of the need for more information from America.

In Matter of Ho, 19 I&N Dec 582 (BIA 1988) says that “the petitioner (me) bears the burden in visa petition revocation proceedings of establishing that the beneficiary (my husband) qualifies for the benefit sought under immigration laws.” I will try very hard to try and establish to you that my husband and I indeed have a real relationship and marriage.

And then your letter goes on to say “Based on the forgoing, it appears that the beneficiary may not qualify for the classification sought. Further, it appears that “good and sufficient cause” exists in the present case to deny the beneficiary the benefit sought.” I would like to know what the “good and sufficient” cause that exists against my husband and me. How can I respond to a charge when I do not know what it is?

We tried very hard to overcome the denial as you will find on exhibit B that I have enclosed. The main reason for we were unsuccessful in my opinion is because we had no idea why we were denied until Senator Levin’s office made an inquiry. It was at that time that I found out it was due to my husband’s not establishing we have a valid relationship/marriage. I can tell you sir that I tried every day to overcome this error that happened to us to no avail. I sought help from my government and the help was not there to help us. Up until that time all I knew was what the paper given to my husband said….further review by USCIS ROME. (Please see enclosed copy.) I thought our papers were being sent to Rome! Well that was not true either.

"Petitioner (me) respectfully argues the NOID letter does not comply with the requirements of 8 C.F.R. 103.2(B)(16)(i)&(ii), which requires that derogatory information used to deny a petition, must be disclosed to petitioner, if it is not classified and if it is to be the basis of the adverse decision"

----

Here is the regulation.

8 CFR 103.2(B)(16) "Applications, petitions, and other documents" states,

(emphasis added):

16) Inspection of evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as provided in the following paragraphs.

(i) Derogatory information unknown to petitioner or applicant. If the decision will be adverse to the applicant or petitioner and is based on derogatory information considered by the Service and of which the applicant or petitioner is unaware, he/she shall be advised of this fact and offered an opportunity to rebut the information and present information in his/her own behalf before the decision is rendered, except as provided in paragraphs (B)(16)(ii), (iii), and (iv) of this section. Any explanation, rebuttal, or information presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding.

(ii) Determination of statutory eligibility. A determination of statutory eligibility shall be

based only on information contained in the record of proceeding which is disclosed to the applicant or petitioner, except as provided in paragraph (B)(16)(iv) of this section.

(iv) Classified information. An applicant or petitioner shall not be provided any information contained in the record or outside the record which is classified under Executive Order No. 12356 (47 FR 14874; April 6, 1982) as requiring protection from unauthorized disclosure in the interest of national security, unless the classifying authority has agreed in writing to such disclosure. Whenever he/she believes he/she can do so consistently with safeguarding both the information and its source, the regional commissioner should direct that the applicant or petitioner be given notice of the general nature of the information and an opportunity to offer opposing evidence. The regional commissioner's authorization to use such classified information shall be made a part of the record. A decision based in whole or in part on such classified information shall state that the information is material to the decision."

I have been told that women who are older than the men they have married are denied because of the age difference. This is discrimination is it not? My husband is fully aware of my age and it makes no difference to him that I am older. He knows I cannot give him children. To me that is a very private issue between a husband and his wife, not for the government to be asking about. We know each other better than most couples who have met in person do and go on to marriage. I suppose that is one of the benefits of a long distance relationship.

I also understand my government wants to protect American women because a lot of the international marriages fall apart after a short time. That can happen to any couple. Perhaps some of the reasons for the international marriage failure is the lack of maturity on the part of the couples, the cultural differences and the adjustment to a whole new way of living. I am fully prepared to help my husband with these issues as they come up. We have discussed all of these possibilities in detail on numerous occasions. We feel we are more able to adjust than most couples.

I belong to several online groups that discuss the issues that arise for international/intercultural marriages. I can see why some do fail and why some are still going strong despite the multiple changes each spouse must adjust to. I have become friends with many women who are married to Moroccan men and their marriages are strong. I feel that my husband and I have a very strong marriage also and it will only get better and stronger and time passes.

I just want you to know I love my husband very much. He loves me very much. He shows me his love each and every day. We talk online daily via the internet through e mails and yahoo messenger. We do talk via the phone on occasion. I use a pre paid phone card to call him. I have not saved the receipts for these unfortunately. We share many commonalities. We both love music and nature. We love to read and study. We love to discuss current issues. Not that we always agree, but we agree to disagree. We have respect for each other and the differences we have. We both choose to learn from each other.

It is my hope as you go through my papers and pictures you will see that we indeed are happy and we are a real married couple. I remember my first trip to meet my husband in person. It was very scary as I have a morbid fear of flying, but my doctor gave me a bottle of anti anxiety medication that I took to get me on the plane. I was the last one on the plane each time I flew and I sat in the back of the plane by myself. When I met Mohamed face to face for the first time it was like we had known each other forever. Then I became sick. My darling husband brought the doctor to the house to see what was wrong. I was so sick I have no remembrance of that time. My husband was a wonderful caregiver to me. I was not a good patient for him. Foolishly I came home too soon being so sick. I was admitted to a hospital on my return and put on sick leave for a month to recover. I should have stayed with my husband and let him care for me but I was stubborn.

I returned to marry my husband in April of 2004. I was able to only stay a few weeks. When I returned home I filed for the K3 visa to bring my wonderful husband to America where we could share the rest of our lives together.

I went back to Morocco in May of this year 2005. This should never have happened. Since we were denied a visa I wanted to be with him and I also had a hope that I could go to the consulate to iron out this problem with the proof of our marriage. I tried to get an appointment with the consulate but they refused to see me. I guess it’s all about procedure. I just thought since I was in Morocco and the proof of our relationship/marriage was in Morocco I should try and give it to the consulate. I was not allowed to do that. I sadly left my beloved husband in Morocco. Please, I am hoping you will grant us the opportunity to get the visa so my husband can come live with me.

For your review I have enclosed copies of:

1) U.S. Postal Service receipts for the proof of our marriage package I sent October 4, 2005 and received by the California Service Center on October 6, 2005

2) A letter from Dale Rumbarger, Office of Public and Diplomatic Liaison Visa Services and my response to his letter.

3) A few e-mails from my husband’s mailbox on yahoo. He sends me so many poems and cards because he knows how much I enjoy them. My computer crashed recently and I have now lost all my saved e-mails on my AOL account.

4) Copies of my husband’s yahoo e-mail logs. There are 801 e mails received from me. There are 675 e-mails that my husband sent to me. There are 182 e-mails he saved to his simobarbara folder. That makes 1658 e mail logs for us! I am sure there would be more but we never thought to save everything way back then when we first met.

I am also enclosing the same papers and pictures I sent on October 4th just in case you didn’t get them. I enclosed letters from those who know us personally and will verify that we are a happily married couple. We lack one thing…that is being physically together. For that I am depending that I have satisfactorily established to you that my husband and I are indeed a married couple. Our future is now in your hands Mr. Neufeld. I deeply appreciate your help in this matter for us.

Sincerely,

Barbara #########

I have actually looked into who to send an official complaint to. Yes, we can contact the State Department all we want, but I think contacting the Consul General assigned to Morocco is a better way to go...copying the State Department and Embassy in Rabat and our Senators on everything.

They key to my case right now is that I kept my Senator involved from day 1 of receipt of the 221g and I have copied them an everysingle fax and email sent to the consualte so they know exactly what I am doing.

I found this name on the consulate website:

Consul General Greene - http://casablanca.usconsulate.gov/bio.html

This is only a name and a bio, but it is a start for sending a complaint regarding the consulate in Morocco. I am looking for a contact for this person like an email address but not luck yet. A letter to him directly copying everyone I mentioned above could be a starting point.

I do believe there is great strength in numbers...what is going to make this government look at something like this is a petition from many...many people going through this issue citing actual facts about their cases. Not just one individual. This is definitely something to think about, anf dont just fired off quickly...it should be something well thought out and planned before execution of such a petition.

I will be going to Morocco in March...much needed time alone with my love. I will find out tomorrow just how long I will be allowed to stay past my PTO.

I wish you ladies great luck, I will keep you posted on everything I find out, and we should talk about a possible petition from USCs going through the same issue with the same consulate...seriously.

Someone I know personally sent a letter to the State Department in regards to the treatment of US citizens when it comes to this issue after they heard what happened to us about how embarrassed they are to know what is happening...I have no idea if it was even read.

~Kiya

I don't think writing to the Consular General will help. He is after all the one who replied to the inquiries of my senators and congressman. He merely stated we were denied "due to the validity of the relationship".

I think writing to the Department of State would be much better. This is who wrote to me after my letter to President Bush was forwarded to the Department of State. President Bush wrote back immediately to me. Dale took 6 months.

Dale Rumbarger

for

Julia Furuta-Toy

Director of Public and Diplomatic Liaison Visa Services

Washington, D.C. 20520

You can also wrote to:

Maura Harty

Assistant Secretary, Bureau of Consular Affairs

Washington, D.C.

All that Dale wrote to me was the consulate was unable to verify our marital relation was valid and returned our I-130 to USCIS for review and possible revocation. And I would need to contact USBCIS for any further information.

I found out in this process that no one, I mean no one will answer any questions you have regarding a petition unless the actually have it in their hands.

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This is a excerpt from the NOID that I received:

The USCIS has received information regarding the beneficiary's qualifications for the classification sought. That information consists of the following:

The beneficiary does not appear eligible for the benefit sought. The consular officer concluded that the relationship between the petitioner and the beneficiary is not valid for immigration purposes.

In the Matter of Estime, 19 I&N Dec 450 (BIA 1988), the Board held that a notice of intention to revoke approval of a visa petition is not properly issued unless there is "good and sufficient cause". The Board also held that "good and sufficient cause" for issuing such a notice exists when the evidence of record at the time of issuance, if unexplained and unrebutted, would warrant a denial.

In Matter of Ho, 19 I&N Dec 582 (BIA 1988) the Board held that“the petitioner bears the burden in visa petition revocation proceedings of establishing that the beneficiary qualifies for the benefit sought under immigration laws.

Based on the foregoing, it appears that the beneficiary may not qualify for the classification sought. Further, it appears that "good and sufficient cause" exists in the present case to deny the beneficiary the benefit sought.

In accordance with 8 C.F.R. 205.2, the USCIS proposes to revoke the petition. the petitioner is hereby accorded a period of thirty (30) days from the date of this notice to offer evidence in support of the petition and in opposition to the proposed revocation. Lack of a response to this notice within the time allotted will result in the revocation of the petition.,

Donald W. Neufeld

Director.

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As you can see it tells nothing of what the CO found. Nothing! It only says the CO "concluded".

I responded to each and every point of this letter. If anyone is interested in what I wrote, I would be glad to send it.

When we were first denied last March, I wrote to VJ asking for help. It appeared no one had been through this before except for one person, Jackie I think. She decided not to answer the NOID and get married instead. That was not an option for me. I am glad Kiya you have brought up that there are a lot of couples denied visas in Morocco. It cannot be won at the consular level. I believe it must be taken higher. So many had heard this or that. Come on, we cant go on what we heard...i.e.they are being more careful after 911 or there is a quota. None of that fits to our situations at all. I did so much research and I found the laws they are in violation of. I spent hours and hours researching. I called immigration attorneys, most who know nothing of denied visa and returns. I am willing to share all that I have learned with anyone who wants to know. All I ask in return is that you write and complain about what is going on. It will take a large number of people to do this. I even thought of starting a group for people who have been denied to share info.

Another bit of info for all those who have been denied and are awaiting the NOID... get your proof ready now! You will only have 30 days to get it all togther once you do receive the notice. I made 3 sets. One set I sent before I received the letter. The second set I sent after I received the letter. The third set I kept. I sent so much proof it weughed over 7 pounds when I mailed it!! I am hoping it all went to Casa!

Here is the one we used:

Jaoiad Mahfoudi

5, Rue Figuig App 1 (Pres du Lycee lalla Aicha) Rabat

Tel 037 76 55 23 GSM 066 90 57 49

My husband and I were denied the k2 visa. I know of many other couples who were denied as well. The reason? Validity of the relationship. My husband has so much proof with him on the day of his interview which was March 25, 2004. There was NO reason to deny us!! The co know exactly what is going to happen when they give a 221g. I was told this would take 3 months. I found that this consulate lies so much about everything they tell you. It took until July for BCIS to receive our file. I received the NOID in October. I sent in the exact proof my husband had with in on the day of his interview and our petition was re affirmed. This was such a waste of our time. They violte so many laws. First of all when one is denied, they are to give you the opportunity to overcome the denial before the petition is sent back. I have not heard of this happening. I believe the only way that this will change is for everyone to complain to the state department and the tactics used by this consulate. These are not the only co's who have been there. There have been many other before the women who are there now. Why should we be treated this way by our own government??

Sure I was ab;e to overcome the NOID but it has taken almost a year to do so. We have been kept apart and it has cost more and more to go through this denial. What irritates me most is my husband had all the proof with him on the day of his interviewand the co did not ask to see it yet he denies us based on no proof???