chiquita

yes yes yes!!!!!!!!!!!!!!

collect everything "up front" to avoid problems later at the interview!!!

another good thing is to send in letters from both sides who know you as a couple. they do not need to be certified or notarized. but be sure they include the persons full name, address and phone number. this shows these are real people who can be notified if nesessary.

good luck!

chi

Alsalaam alaikum,

I met my husband online in May of 2003. We got engaged on Oct 25, 03 and spent a long relationship of getting to know one another through online chats, telephone calls, and writing back and forth to each other through the mail services.

We decide to get married in January of 2006 so I went and spent a month in Morocco and did all the legal things with getting married by law and by the Inman. We are Muslim.

I came back filing the I130 first then the I129F after receiving the receipt number for the I130. I130 was approved Approval 4/12/ 06 and the I129F was approved 7/7/06. He received his interview date for Oct 5, 06.

He told me that he was the only one that was questioned for over 5 hours and the interviewer and him were the only ones in the building when the handed him the paper marked Section 221(g), which we have only been able to find out on line that there are missing papers in the filling. They sent all his paper back in a diplomat pouch and gave me the number when I emailed them to find what was going on. The suggestion made to talk with BCIS for more information.

I have filing a service referral every 45 days because I have not gotten any answers for every filing other that they are reviewing it. I was told it would take 120 days from the time it reached the California Center which was on Jan 8, 07 and the date to hear something was May 8 2007 and we are still waiting.

I did letters to my congressman of my district which that was a joke because did not get an answer back from him. I also wrote to the Senator and his office did send a request and UCIS in California did sent me a receipt that they were ask by the State Department to review the case. Here it is almost 2 months later and still nothing.

When I talk to the guy named Peter at Immigration number, he assured me that he would see what he could find out and call me back within in a week and one of the things he mentioned was our age. I am quite older than my husband is. However, love has not age on it. At least we do not think so.

I have written the First Lady and Mrs. Chaney with out a response from either. I actually email the ladies so my next step is to send actually letters. I know have the organizational chart for Immigration to get all this information to the top man and see what happens.

If anyone can offer, any help because his paper work for his visa expires in Oct 2007. In addition, his visa for staying in Libya ends in December because he has received his Linguistic Degree.

Sumayya

hi Sumayya

i met your husband here on VJ and invited him to another group for couples who have gone through the same thing---denied a visa. i hope you join as well.

i have much to share with you.

for starters please read the topic pinned at the top of the MENA page. not all of it will help you so skip all that and read the postings that will.

here is the link>>>

http://www.visajourney.com/forums/index.php?showtopic=3896

i am thinking you will be getting the infamous "NOIR" letter real soon. you will have 30 days to resond. this the notice USCIS sends out when a case is returned to them. it means---

notice of intent to revoke

it will be very easy to prevent this from happening----so dont worry.

right now your case is at the California Service Center. i understand you received a notice that CSC received your case June 1. not sure what notice you received in January---what did that notice say?

your case will not expire. the K 3 petition has expired---once it is returned it expired. USCIS is now reviewing your I-130/CR1.

i know your letter that you received for the consulate says you have one year to submit the paperwork---but if you read it carefully you will see it does NOT apply to you since the consulate did NOT ask your husband for any paperwork.

when you call the 800 number for USCIS all they can tell you is what they see on the computer---the same stuff when you look up your case on line. they have no authority to give you any other info so if they do they are giving you just what "they think". please be careful what you hear.

writing to the Pres and Vise Pres does nothing. i did that too thinking they would help.

this what your congressman and senator need to do>>>

they need to send an e mail to casablanca inquiring about your case. casablanca will respond and tell them the REASON your case was returned to USCIS. this is vital! you need to know the exact reason your case was returned so you can prepare to fight it. casa ALWAYS responds to a senator/congressman. contact them on Monday and have them do that for you. this is the first step that was needed last October.

i have given you much to do i know. but all of it will help you. if you need further help feel free to contact me via my e mail.

chi

wonderful news!!!!!!!!!!!!!

hoping and praying for sucess!!!

chi

way to goooooooooo

congrats!!!

chi

YEA!!!!!!!!!!!!! Kamal's visa got approved today, he has to pick it up next week!!!!!! We are so so happy, can't wait. So by the month's end he should be home!!!!!!!

yyyyyyyyaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

chi

I'm not sure what pinning is, but all I know is that my case has been returned for further review since October, 2006...I have been to field offices, called so many times I think I have spoken to every person working in all call centers and still nothing...Can anyone PLEASE help me?

IreneluvsAbdel

yes we can help you.

what have you heard since your case was returned?

call centers are out sourced so no help there.

chi

Just wanted to say that I appreciate these discussions a great deal in ways that I can't really express right now.

As for the secondary part of this thread where things have heated up a bit, I do hope the folks involved can continue to express their opinions without going personal about it. Honestly, hearing several points of view is so valuable.

I will say one thing which has frustrated me. I have been told that my English translation of the Quran will help me but that ultimately I won't understand everything I need to understand because the only real Quran is in Arabic. Okay, I can accept this, but were I to learn Arabic, were I to study Arabic through the last years of my life, I would never truly understand Arabic. My reading of the Quran would still be a translation, but instead, I would be doing the translation in my head. I believe my own translation would be far less reliable than that of scholars who have been essentially bilingual since birth and who have other scholars to agree or disagree publicly with their translation. I don't know Arabic. I was not born into a Muslim family. I didn't know any Muslims growing up. So now, if I approach Islam and the Quran from where I am, will I always get that pat on the head, "nice try, kid, but"... ? Will I always be "less than" those "born speaking" Arabic or "born into" the religion? I can answer with what I believe. What I believe is no, that God sees us as equals and will never see my questions and opinions as any less valid than those of someone who was born in a particular place or to particular parents. So my faith is between me and God, and I will go to God without fear or shame with whatever questions I have, without feeling pressured to believe this or that just because another living, breathing human being says I should. But I won't be sharing much of what I believe with other people in the real world, at least not at this time. It's too tender and too precious. Does it make sense that the Bible and the Quran can both move me to tears, that when I pray I believe I am praying to the God that I know from the Bible and that he is the same as the God who gave the Quran? But people murder each other over this! Maybe a naive statement for me to make -- it's something a kid will say, "Why are they fighting?" The problem is that nobody ever answers the kid.

Years ago, I made a comment about current events that my uncle disagreed with. His response was that since I had not lived through World War II, I would never really understand how the world works, and therefore my opinions about politics, international relations, all of that, were not as valid as his own. Okay, so, boom, now he has won every argument we will ever have. I never felt any desire to express an opinion to him after that day. I feel the same frustration when the trump card in an argument is language or background or "because God says so." You don't speak it or you weren't born into it. Therefore, your opinions will always have less weight than someone else's. I can accept this when it comes to sociology, to understanding man-made traditions and so on. But in matters of religion, I simply do not believe the God who made us all equal intended to set us against each other that way. So I'm still muddling through that mess when it comes to learning about Islam, and Christianity as well, for that matter. And I'm not going to give up based on games of semantics that people want to play with each other and which, in my opinion, guide us away from the true message.

Maybe this doesn't belong on VJ, but there's really no other place I can express it. So thanks for listening, and back to topic...

honestly---you took the words right out of my mouth!! every word speaks from my heart as well.

chi

Adiel (Mireya's hubby)---thank you for posting---i for one appreciate your understanding of Islam.

chi

CONGRATS!!!!!

any more happy couples???

waiting...

chi

since the K 3 was returned, it will be considered EXPIRED.

USCIS will now be working with your CR1/I-130. this petition will be returned to USCIS for further reveiw.

your wife will be getting a NOIR and i would think that will be shortly. she needs to have your responce ready as she will only get 30 days to resond.

once you overcome the NOIR your CR1/I-130 will go back to NVC waiting for another interview date from casa.

chi

I'm sorry they are not being very helpful. What city and state does your USC spouse live? You have 2 Senators and 1 Congressman, try all three, hopefully one of them will be helpful. As chiquita said, the Congressman won't be able to make them approve your case, but they certainly CAN find out what is going on with it. They can contact the embassy to ask them why it was returned, what was the reason. They can also contact the service center to ask them the status of the case and when you should expect to get further information. This is for the I-129F.

I am assuming since you ask how to check status of the I-130 that it is not approved yet. USCIS processing times show CSC is at Feb 12, 2007 for I-130 and VSC is at Jan 31, 2007. (Look for your petition number in the left column. The date they are working on is in the last column on the right.) This link is for Vermont Service Center. https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=VSC This means if you filed before their posted date, you should have heard something on it. You can also let your Congressman know that your I-130 petition is past the normal processing timeframe if you filed before these dates and you haven't heard anything. They could also inquire on the I-130 if it is past the normal timeframe.

Ideally, you want the I-130 to be approved shortly after the I-129F is returned so that any issues the embassy questioned are addressed with the I-130 approval.

any news yet?????

waiting waiting waiting to hear the

GREAT NEWS!!!!!!!!!

CHI

Hicham

your senator/congressman can send an e mail to casa asking about your case. casa WILL respond with a reason as to why your case was returned. they cannot ask them to DO anything for you. they can only make an inquiry as to the status of your case. they can also CALL CSC and make an inquiry as to the status of your case as well.

here is the link you need to check the status of your case. type in your case number. look at the last letter USCIS sent to you---it will have a case number at the top with 3 letters--type all of that in the box but dont put any dashes.

link>>>

https://egov.uscis.gov/cris/caseStatusSearc...nHkLcLQ-CJtqstr

i hope this helps

chi

The quickest way to get a case status is also to email the consulate directly. In the subject line include the interviewing consulars initials, as well as the US consulate of.......and the head consulars name ( if known). This will direct the email to the individuals mentioned, and most likely get a response from them quicker.

My best advice to anyone who has red flags, and is petitioning for their loved one at a consulate known for denials.. is to marry, then file an immediate relative petition. This is not a guarantee for a visa issuance, however if a petition is returned for revocation, the USCIS , by law is mandated to review it, issue a noid/noir, which a petitioner will be given 30 days to rebut.

Christine

great advice!!!

thanks!

chi

well MHO is---lots has been writen here on halal meat but only ONE person has given where it is writen in the holy QURAN.

yes everyone has an opinion, but the truth is what does the QURAN say. this is what must be used.

i disagree about the who Allah/God can and does speak to. can not the creator of everything speak to who he wants to??? who are we but mere humans to put a limit on the one who created us and all that there is?

chi

Hi everybody,

simple question please for everybody can help.

I had 221g during the interview for my k3 visa in Casablanca Morocco, as I read in all the related websites that it is just possibilty of missing documents or some evedinces. I was told that my papers sent back to USCIS for further review, I warnned in the 221g paper below that I must present what they asked me for during 11 months otherwise my petetions will expired.

BUT IT IS NOW OVER 10 MONTHS WAITING AND NOT HEARD YET, DO THEY EXPIRE MY PAPERS AND THEY DIDN'T TOLD ME WHAT THEY NEEDS ???

Hicham

you are confused.

you have been denied a visa. the consular officer doesnt believe you are eligble for a visa for some reason. in casa usally it is because they dont believe your relationship is real and they suspect fraud.

you have no paperwork to turn in so the part on the bottom doesnt relate to your case.

this is what you need to do>>>

read the pinned section at the top of MENA titled "Returning Petitions to the United States via 221g, " and you will learn a lot. there is much to skip but you need to go through the whole string to get an idea of what is going on.

what state does your wife live in? she needs to contact her congressman and senator to get help from them. you need to know why you were denied a visa and they can make an inquiry on her behalf.

this is what is going to happen next. your wife will get a letter from USCIS saying they have your petition and casablanca wants to have your case revoked (canceled). your wife will have 30 days to respond and try to prevent that from happening.

there are a few groups created for couples who have been denied a visa. would you and your wife be interested in joining them for info and support? we have lots of couples who have beed denied a visa just like you and your wife. there is so much you both need to know. most of the people here on VJ mean well but dont know a lot about this situation.

my husband and i were denied in 05. i fought back and he arrived here one year ago.

you are going to need help to fight this. these groups can help you. if you have any further questions please feel free to ask me.

chi

ps---your k3 will has expired. USCIS will now be reviewing your CR1/I-130. did it make it to the National Visa Center?

it is my understanding the kaabah was considered/used for idol worship. or the place was. i just never figured how it became something a Muslim should do/visit because of the origins of the place.

i am not getting my thoughts across too well, i am sorry. i would like to know more about the Hajj and where it says it is important in the holy Quran.

for those who feel this is not a subject for VJ MENA, i disagree. VJ MENA means more than immigration to some of us. it also means cross culture/religion amongs other issues.

thank you kindly

chi

My understanding is this- Abraham buildl the Kabah on the spot where Adam placed the first place of worship. Over the years the people of Mecca had forgotten the original teachings and its use had evolved into pagan worship. Muahmmad corrected this behavior and brought it back into its original use.

I know these verses specificall mention hajj in the Quran

Sura 22 (The pilgramage) "And proclaim that the people shall observe Hajj pilgrimage. They will come to you walking or riding on various exhausted (means of transportation). They will come from the farthest locations."

Sura 1 (the Cow) We have rendered the shrine (the Kaba) a focal point for the people, and a safe sanctuary. You may use Abraham's shrine as a prayer house. We commissioned Abraham and Ismail: "You shall purify My house for those who visit, those who live there, and those who bow and

prostrate." and

The knolls of Safa and Marwah are among the rites decreed by GOD. Anyone who observes Hajj or `Umrah commits no error by traversing the distance between them. If one volunteers more righteous works, then GOD is Appreciative, Omniscient.

Sura 3 (The family of Imran) The most important shrine established for the people is the one in Mecca; a blessed beacon for all the people. In it are clear signs: the station of Abraham. Anyone who enters it shall be granted safe passage. The people owe it to GOD that they shall observe Hajj to this shrine, when they can afford it. As for those who disbelieve, GOD does not need anyone.

ETA: oops should have read the thread to see i already left some of this info here before !

thank you!! i was doing my research and found out about it. so nice! thanks for where it is writen too!

chi

Any one think or believe that hadith is not essential in Eldeen he shoul be afraid that his or her eman in danger

and not even eman but also his eslam

Any word reach us from prophet muhammed and we became sure that this word is from him we have to ( i repeat we have to) believe it and obey his order

any one should read surat ( elnagm) 53:3and4

please donot lose your time in things deviate you from the true way

keep your self on the way of elhaq

Allahom ganebna alfetan ma zahar menha wa ma batan

danger? how so?

he also said those who are killing and destroying (terrorists) are NOT Muslims!! it is against Allah to kill!

he sais the holy Quran says Christians and Muslims will be praying together in the last days.

chi

i completely agree with u on that part...... but ask your husband how did the quran reach him if hadiths are corrupt!??

dear adiel

im so sorry but i didnt find page seven here i dont know why??! so plz re post ur argument plz.

thank u for ur time

umm...not sure what you mean? find the Quran?

Im confused here is this a refused vs denied entry or a refused vs denied petition? By the way Im intrested in knowing my self what is the difference between refused vs denied at the point of entry????

refused vs denied entry or a refused vs denied petition

can be both--refused/denied entry and denied/refused petition

what is the difference between refused vs denied at the point of entry????

there is really no difference.

refused entry means they wont let you in the country

denied entry is just that--they are denying you to enter the country

same thing--just differnt words to say it.

I just went looking and think I answered Ramadan myself-- so it's established as the month when the Qu'ran was revealed? So then this would leave Muslims believing there was only one holiday before the Qu'ran? And as far as pilgrimage to the kaabah, is it accepted as being instituted with Mohammed? Because I have seen a lot of claims that it was built by Adam, which would sort of indicate it should have been there for quite some time...

Here is how I understand it. Adam was given the relgious message from God when he was expelled form the garden. A muslim believes this message was the same message Mohommed brought- that the Prophet was not bringing something new but a reminder of what all the prophets before had brought.

Ibrahim built the Kabah in Mecca on a site that Adam had built a place of worship. There were religious ceremonies associated with pilgrimages to the Kabah during Mohammed's time, but were seen as pagan practices. The pagen practices were a corruption of the orginal message from Adam to Ibranhim to Jesus and Mohammed corrected their practices by "bringing back" Islam.

The Quran was reveled to Mohammad during the month of Ramadan while the prophet was spending some time in meditation in isolation in a cave outside of Mecca. This was common practice for some in Mecca at the time. The Meccans were not pagans because they had never been given the word of God, because they has gotten "lost" from the message of the prophets before. Same with Jesus, IMO, he came to remind the community of the original teachings of God that other prophets before him had brought.

thank you---i should have kept reading for the answer. now i will research it! (about the kaba)

chi

I haven't read the whole thread so I apologize if this has been posted already:

O you who believe! Obey Allah and obey the messenger (Muhammad SAW), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger (SAW), if you believe in Allah and in the Last Day. That is better and more suitable for final determination. (4:59)

Say: "Obey Allah and obey the messenger, but if you turn away, he (Messenger Muhammad SAW) is only responsible for the duty placed on him (i.e. to convey Allahs Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messengers duty is only to convey (the message) in a clear way (i.e. to preach in a plain way)." (24:54)

And perform AsSalat (prayer), and give Zakat (charity) and obey the messenger (Muhammad SAW) that you may receive mercy (from Allah). (24:56)

O you who believe! Obey Allah, and obey the messenger (Muhammad SAW) and render not vain your deeds. (47:33)

Obey Allah, and obey the messenger (Muhammad SAW), but if you turn away, then the duty of Our Messenger is only to convey (the Message) clearly. (64:12)

O you who believe! Obey Allah and obey the Messenger (Muhammad SAW), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger (SAW), if you believe in Allah and in the Last Day. That is better and more suitable for final determination. (4:59)

...And whatsoever the Messenger (Muhammad (sallallaahu`alaihiwasallam) gives you, take it, and whatsoever he forbids you, abstain (from it) , and fear Allah. Verily, Allah is severe in punishment.(59:7)

Indeed in the Messenger of Allah (Muhammad SAW) you have a good example to follow for him who hopes in (the Meeting with) Allah and the Last Day and remembers Allah much. (33:21)

I imagine it must be hard to obey the messenger (salallahu alayhi wa salaam) or refer matters to him if you reject everything he ever said or did.

Also:

And We have sent down unto thee (also) the Message; that thou may explain clearly to men what is sent for them, and that they may give thought. (16:44)

If he was supposed to explain the Quran to us then how is that supposed to happen now that he's gone if we reject his sayings and actions (ahadith)?

It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path. (33:36)

Thanks for the response, at first glance it can look quite convincing the quotes you pasted from the holy Quran. But let us STUDY the Quran as it’s meant to be studied as a whole rather than bits and bobs.

As a muslim and a believer in the Quran as God’s word I have to take into account all that you have pasted but let’s take a closer look at what the prophet Muhammed’s real purpose was and his boundries i.e what he can and cannot say. This way we can get closer to the conclusion of your quotes.

This first one pretty much sums it all up but we will continue with others to give you further meat to chew on:

"It (the Quran) is a revelation from the Lord of the universe. Had he (Muhammad) uttered any other teachings, We would have grabbed him by the right, and We would have severed his Wateen (Major artery of the heart), none of you could have helped him." 69:43-47

It’s quite clearly stating that had he uttered any other teachings he would have been punished. So in conclusion he had absolutely no authority to say anything other than what’s in the Quran. So yes let’s obey the messenger and STUDY the Quran.

But let’s further look at the prophet muhammed’s role, in these quotes we can see what his use was by God:

"You have NO duty EXCEPT DELIVERING the message." 42:48

"The messenger has NO function EXCEPT delivery of the message." 5:99

"We have not sent any messenger except to be obeyed by God's will." 4:64

No duty except deliver the message, So what EXACTLY is this message that is so emphasized by God for the prophet. Let’s examine:

"We have sent down to you a scripture containing YOUR MESSAGE. Do you not understand?" 21:10

As we can clearly see the MESSAGE is the Quran. It also states as “YOUR MESSAGE” meaning it is a communication between one soul and God, not Imams and so called religious leaders,.

Further we can see in the next quote what he is allowed to UTTER.

"This is the utterance of an honorable messenger. Not the utterance of a poet; rarely do you believe. Nor the utterance of a soothsayer; rarely do you take heed. A revelation from the Lord of the universe. HAD HE UTTERED ANYOTHER TEACHINGS We would have stopped the revelations to him." [69:40-46]

As you can see in the above quote, the Quran clearly states that he was FORBIDDEN to utter any other teachings.

Now you may argue rather than utter other than the Quran you follow him as to EXPLAIN the Quran to us. Well let’s see what the Quran says to that:

"Do not move your tongue to hasten it. It is we who will collect it into Quran. Once we recite it, you shall follow such a Quran. Then it is WE who will explain it." 75:16-19

As you can see in the above quote the prophet Muhammed DOES NOT EVEN HAVE THE AUTHORITY TO EXPLAIN THE QURAN. It makes you wonder why people EVEN go to so called religious leaders and so called scholars, the Quran is telling us that the message is between one soul and God and is no ones business other than that, if even the prophet Muhammed is not allowed to explain it to us who are the scholars trying to fool???... So who does explain the Quran?... the next quote reveals:

"The Most Gracious. Teacher of the Quran." 55:1-2

Yes it is up to us to just study the Quran and it is God who teaches us as again emphasized in the next quotes:

[73:1] O you cloaked one.

[73:2] Meditate during the night, except rarely.

[73:3] Half of it, or a little less.

[73:4] Or a little more. And read the Quran from cover to cover.

[73:5] We will give you a heavy message.

God has told us he will teach us and give us the message as above.

"....you will find no substitute for the Sunna (system) of God." 33:62

"Shall I seek other than GOD as a source of law, when He has revealed to you this book fully detailed?" 6:114

"You will find that the Sunna of Allah is the only Sunna" (33:62....35:43.....48:23)

From the above quotes seems like God is warning us not to look for other Sunnah (SYSTEM) other than God’s and what is God’s Sunnah (SYSTEM) …. QURAN!!!

Show me in the Quran where God has said follow Muhammed’s Sunnah????... there is no such thing because Muhammed has no sunnah he only follows God’s as we are SUPPOSED to.

So in conclusion yes you are right to paste your quotes but to follow the messenger is to follow the Quran as he was only ALLOWED to…. Simple!

If you still insist on following MAN MADE fabrications than read what’s in the HADITH itself and the most reliable SAHIH MUSLIM:

(The Prophet said, "Do not write down anything from me except the Quran." [Ahmed, Vol. 1, Page 171, and Sahih Muslim]

PEACE

Adiel (Mireya’s Hubby)

thank you so much for the clarification. you did a wonderful job!

chi

my husband says the holy Quran is the only thing he follows/believes. i agree with him. the hadiths were made from men not Allah.

he also said those who are killing and destroying (terrorists) are NOT Muslims!! it is against Allah to kill!

he sais the holy Quran says Christians and Muslims will be praying together in the last days.

chi

And as far as pilgrimage to the kaabah, is it accepted as being instituted with Mohammed?

Because I have seen a lot of claims that it was built by Adam, which would sort of indicate it should have been there for quite some time...

Ok, I'm still confused. The kaabah was used in the earlier religions of the arabs for prayer. It was there for quite some time, although I wouldn't be able to say offhand how long. But I don't know if this is your question.

Hajj isn't a holiday.

it is my understanding the kaabah was considered/used for idol worship. or the place was. i just never figured how it became something a Muslim should do/visit because of the origins of the place.

i am not getting my thoughts across too well, i am sorry. i would like to know more about the Hajj and where it says it is important in the holy Quran.

for those who feel this is not a subject for VJ MENA, i disagree. VJ MENA means more than immigration to some of us. it also means cross culture/religion amongs other issues.

thank you kindly

chi

wow there are lots of questions here!!! lots of mis info too. i will try to answer them if i know the answer. just give me some time.

first---refused vs denied

after the benificiary has the interview the CO is to inform him/her as to whether or not a visa will be issued. instead the CO issues a 221g letter. if the benificiary asks if a visa will be issued they are either told to call USCIS or told they will be called depending on what TYPE of 211g they receive.

there are now two--

one is saying the benificiary is not eligable for a visa and the petition is being returned to USCIS for further review.

the other is saying the case is pending security checks--once the benificiary clears checks a visa will be issued.

(please keep in mind i simplified this for time sake.)

the first is what many refer to as a "SOFT DENIAL". the benificiary does not get a visa. can we say then the the benificiary has been REFUSED a visa?

the DENIAL is referred to possibly to the NOIR that used to get sent out?

sound confusing? lol...it is.

basically lets just say the benificiary was refused/denied a visa at the time of the interview. maybe that can clear things up. keep in mind this is my OPINION only. there is nothing set in concrete when it comes to these terms. just a clarification on others minds as to what each word may or may not mean.

the bottom line>>>

benificiary does NOT get approved for a visa on the day of the interview. the decison is ALWAYS made at the time of the interview. the consular office is to INFORM the benificiary either way.

chi

ps...i just commented on some of this in the "Returning Petitions to the United States via 221g," section>>>>

post #475

http://www.visajourney.com/forums/index.ph...p;#entry1164983

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

You don't have to worry! It IS pinned!

May I ask??? So now this is pinned, what happens next??

we can learn from others experiences. the idea was to let other couples know that this does happen and what they need to do or possibly expect in order to keep it not happening to them. of course this is not a guarantee that it wont happen to a couple we just wanted the info available to everyone.

that was the idea---sharing and being able to find it here in one place

chi

hi Kiya,

I really support your Idea with rousing yessss ! but how this can help our cases to be done with full justice ???

thanks

Hicham

not Kiyah here, but i am not sure i understand what you mean by---

I really support your Idea with rousing

i am dumb--what does that mean??

what was her idea that you are referring to?

full justice? i dont understand that either.

as an American we dont have any rights when it comes to marrying outside of America. it is a privilege if our government allows our foreign born spouse/fiance to come live with us in the states. we all need to keep that in mind.

what we are asking for is for the guidelines to be followed.

we are asking that cases not be pre-judged prior to the interview.

we are asking that if there are suspictions that the couple have the chance at the consular level to address/ provide evidence to prove the validity of the relationship and not merely return the case to USCIS and make them do the investgating.

which by the way is going away=California Service Center no longer sends out NOIR to K1 cases that are returned. the couple is left in limbo as to what the next step is.

Vermont on the other hand puts the cases on a shelf to collect dust-returned case are NOT a priority for them. insane!!

as American, we are not used to our government treating us like this! we are used to getting answers and trying to solve problesm. this is what "I" find so irritating! if there is a problem--ask me and see if i can clear it up. unfortunately we dont get that opportunity. this is a case of uncle Sam trying to protect it's citizens against "visa seekers". ok, i understand, but let me be the one to address the issue but alas i am not allowed to.

let this be clear--we are talking about LEGAL immigration following all the rules paying all the fees. what we have are honest hard working regular average JOE'S who fall in love with a non American and only want to be with them in our own country. we are only asking for the opportunity to prove we are indeed valid couples instead if being judged by a CO who just cant beleive my husband loves me so my case is returned to USCIS saying we are frauds!!!

let this also be very clear>>>> this happens without one shred of evidence against us!!!!! we are guilty without any evidence. what American would not be outraged by this practice? which by the way is AGAINST the government guidelines according to the CFR (code of federal regulations)>>>

http://ecfr.gpoaccess.gov/cgi/t/text/text-....0.1.5.28.9.1.1

not to also mention that the consular officer is to INFORM the applicant WHY he/she is not getting a visa. >>>>>

consular officers are not complying 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

the consular officer is also required to help the applicant overcome the objections for denial>>>

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."

this info was given to me by an excellent immigration attorney who by the way helps those who have had their cases returned to USCIS.

gosh didnt mean to right a book here...but as you can see this does irratate me.

i am AMERICAN all the way!!! i love my country! it doesnt mean that some things need to be fixed though. i dont want anyone to get the idea i hate my country.

chi