Tee1024

Thank you!

My mom's I-130 has finally been approved in September 2013; her interview was held on November 2012 and it has taken almost a year of hassle for her to finally be approved, she had 3 medical exams; took 2 police clearances, a lot more stuff; so yah, it's been a few months since I posted here and I will update dates with steps we took.

If you are from Zimbabwe and has any questions feel free to email me with questions or from any country and are working on an I-130 application for your parents.

I wrote a letter to my Senator. They gave him a nice politically correct answer, basically saying they would follow the letter of the law, and then basically ignored him. In fact when my daughter got to her interview the CO had never seen it. He told her they work for the Executive brand and not the Legislative branch.

Goggle "consular nonreviewablility", and you will be shocked. Basically, no one can overturn a CO's decision. A power given to them in law.

Sigh, thank you for this. We will get the evaluation done.

That is just your opinion....but based on what? Again, who has the experience and authority? Everyone whose visa isn't approved at just under the speed of light makes similar claims...but mostly without any justification other than the person in question believes that their case should be treated differently, because they are somehow special...but in reality, no one is.

You have made your point, but unfortunately i don't feel like answering all your questions because you are not helping me. I would like others who had similar experience respond. Thanks.

This statement does not answer my previous question....a CO has the training, experience and authority to make visa decisions, without input from interested third parties...when this case was set aside, pending more information, that same CO had to get his/her supervisor's OK...typically an individual with even more experience....so why is it you believe you know more than they do?

They (the COs) do this everyday...you are involved in one and only one case.

The COs have a moral, ethical and legal obligation to adhere to certain rules and regulations, rather than have their decisions influenced by self interested parties. Why should your case be approved with no questions asked, just because you want it to be? Can you cite any legal precedent for this action? If not, then do what the embassy has asked, rather than try to do an end run around their procedures.

I did not say that I know better than they do and I did not say our case should be approved without questions. I'm saying we are treated unfairly.

Oh Pleasssseee...OP it does seem unfair , some countries and ppl get treated a bit more unfaily, however the CO does have a right to query depression

because mental health is an issue when one does the medical; grieving is normal for a spouse dont listen to naysayers, do whats required for her toe

obtain the visa Best wishes

Thanks

The COs have access to the medical reports, and it is possible that some flag was raised by the embassy approved doctor...in any event, the COs are there to protect American interests, which includes making sure that US taxpayers are not going to foot the bill for some existing medical condition that could be costly....so many OPs think they know better than the COs who have interviewed hundreds if not thousands of applicants...who (a) knows the laws and rules better and (b) has the experience and knowledge and authority to make visa decisions?? Answer: the COs....not some random person who thinks he or she knows more than the very people doing the job...question to those so knowledgeable OPs with complaints and opinions....when was the last time you told an airline pilot which way to point the plane, or when to land? How many of you told your favorite sports star how to throw a pass, hit a home run or make a basket? Why do you think you know more than the very people who have had the training and experience to carry out their duties? And if you really are so much more knowledeable than they are, why aren't you being sought by the State Dept to replace said CO? I think we all know the answer.

The medical report that was submitted by the embassy physician was clear (the consular confirmed), the issue they have is why it doesn't state that she was depressed 7 years ago (grieving is what it was). I'm not saying depressing should not be a cause of concern if the individual is intact depressed, but in our case it's not so. I understand they are doing their job but we have gone through a lot with the embassy and yet I read some posts from other countries that the interview lasted 10 minutes.

Yes this is an immigrant visa IR5 application, sorry i failed to mention above. I just don't think they treated her well from the start, an interview that's 3 hours long seems ridiculous to me and asking why my husband and I filed separate. But oh well.

Yes this is for the immigrant IR5 application. Sorry I failed to mention above.

I'm also curious for those that involved their US Senators what your outcome was and your experience? Thanks.

I would still make arrangements for the follow up exam.

It is not fair, but they control the game and the rules; best course of action is that when they request something, you get it to them and thus eliminate all barriers one by one if needed.

Senators have limited power, though I will still do it, you never know what strings they can pull.

They would usually want a letter explaining the issue, stick to the facts, remove any opinions and clearly state what you want happening, based on the facts of course.

They usually also want a release so they can speak on your behalf.

Good luck and best wishes

Thank you, I will.

But the thing is that she was not 'depressed' she was grieving, and they are labeling her as depressed. Is that fair, after 7 years.

My mother had her interview with the embassy in Zimbabwe back in November, as I mentioned this on my last post that the interview took 3 good hours. She didn't get the visa, they wanted me (the petitioner) to provide an explanation why my husband and I file our taxes separate last year even though he is not a co-sponsor plus a detailed explanation on my maternity leave. I provided that, they also wanted new medical exam. We provided all of it.

My mother had applied and was denied for a visitor's visa back in 2006 before I became a US citizen, at that time I was inviting her here as she had just lost my step-father and I thought this was going to be a good break for her. During her interview then she had mentioned this to them. They declined her because of some other reason, which was fine.

But this time after we submitted all the information they needed (on paragraph 1 above), they accepted this information but are not still giving her the visa because they are saying she is was depressed back in 2006 and depression left untreated can be a serious problem (my mother wasn't diagnosed with depression, it was self-reported and she was going through a grieving process) she is very healthy mentally and physically. They want her to see a Psychiatrist to be evaluated, they say on the medical exam we provided she failed to mention this to the physician and this is significant. I feel we are treated unfairly and it's becoming a nightmare. Has anyone ever filed a complaint again an Embassy? Should I just have her get evaluated, even though she is not depressed and leave it at that, my mother was grieving it's natural. I'm getting irritated by this process and confused.

Ok that makes sense. He is not in debt with the IRS, so we should be good then. Thanks for all your responses, helps me think.

I'm worried and have to wait and see what they decide, I didn't list my house as an asset--my income alone is sufficient. I thought the interview process was going to be the easiest part. They really shouldn't be asking for all this.

I was asking myself the same questions. I think they are unfair in my mom's case and asking questions and proof that's not relevant. My husband is not a co-sponsor, he is not on the affidavit of support and it doesn't make sense for them to question why we filed separately.

Yes they didn't approve her medical results because this doctor is not on their listing. She replaced one that was on their list. She says she has done medical exam for many immigrant visa applicants.

I will provide my maternity leave letter from work, they are being difficult and I'm not sure why. We have submitted everything, my other question is why did they ask for my title deed--to show we have a place to live. I don't get it.

Can she go there in person and find out if they have made a decision and take her passport. Since it's been 3 weeks.

Oh wow, that's really nice.

Anyone?

Ahh that stinks they keep our original documents at the POE!! my marriage certificate and our birth certificates are on there. This process has been a joy.

Do they mail them to us at some point when my mom has entered the country? How long do they hold on to them.

It will take more than a year, I started my mom's application October 4, 2011 and she just had her interview this month (November 2012) since they requested more documents we will see if she gets it after we submit, or they will ask for more documents again. Give yourself more than a year.

She is in Zimbabwe.

Wow Unbelievable, I also thought my mom was going to be out of the embassy with a smile and I almost bought an airline ticket the week prior to her interview. That would have been a mistake because with additional documents they want now plus new medical exam we are looking at another two--four weeks and here I was thinking she was going to here on Christmas. Here 1st interview was long and tiring. More materials means more money out our pockets.

Congratulations! You have made it.

Hi, my mom just had her interview on Monday. She says it took 3 good hours, but my country is making it impossible for anyone to get a visa. She says he took his time, left the room for tea breaks. He wanted to know mostly about me (her petitioner), he reviewed our tax returns, asked about my marriage, reason why my mom was coming here and why she wanted permanent residence, about my maternity leave, about my husband what he does. If I were you I would email them possible questions you think they will ask and provide them with answers and a copy of everything you sent to the NVC, they go through the application.

After his tea breaks he would come back ask some of the questions again, I guess to see if my mom is lying I don't know. Be over prepared and send photo, western union receipts (evidence that shows you as their child), they may ask to see your most recent tax returns, your title deed/lease agreement, they asked her about her education background. Everything, my mom thought he was not finding anything to refuse her a visa so he kept going.

At the end he gave her a refusal form and requested We provide an explanation why my husband and I filed separately this year. They wanted info on my maternity leave which my mom didn't have. So we are submitting that and then wait for their decision.

Maybe your country is not so bad, but its not fun for anybody to answer questions for that long, good luck. I'm nervous and don't understand why they are interested in my maternity leave info.

My mom had her interview yesterday for her IR5 in Zimbabwe. The interview took three hours, they asked for everything you can think of including a title deed for my house. I'm surprised from other posts here that their interviews took 10 minutes and they were approved. After all that they still needed more documents 1) a reason why my husband and I filed separate tax returns this year 2) information about my maternity leave and 3) new medical exam (this is because the physician on their site retired and we used his replacement) she will have to go to a different city and use the doctor listed. $300 gone in the trash.

Please help me about 1 and 2 requests, why is this in question and what should I provide. We filed separately because my husband thought he was going to owe the IRS and we didn't think anything of it. I'm back at work my maternity leave was 12 weeks, I'm hearing that they can decline you if they think you are bringing your parent to babysit, (why is that a problem) I don't understand it and I'm worried.

I received request for evidence for my mom's I-130, I sent them photos, western union receipts, beneficiary page from my retirement account showing her as my beneficiary and an INS document I found listing her as my mom. As you can see I didn't have much evidence we did not have baby pictures or anything but they accepted the little evidence I submitted. Good luck.