Roy&katy

Si, man!!!!! We have all suffered together, you more than most. Remember to tell the unvarnished truth about that hellhole consulate in the "Latin American" subforum in the thread "US Consulate in Guayaquil, Ecuador."

now now...how could anyone ever top your post... mine would be just a dot. you should write a book tbone...you are very articulate ! or maybe......an immigration lawyer

When petitions are reaffirmed, I wonder if they go through the nvc again, directly to consulate or which steps? Our case was approved and reaffirmed by uscis and sent back to consulate, but since we already have nvc case number... how does this process works. I know reaffirmations are not everyday things but anyones help would be great. I would call the consulate but they dont ever accept phone calls for visa information, but im sure we have to set up another interview. We have hope again. Thanks all .

Why did the consulate send back your petition? My fiance visa peition was returned by the cosulate also and there is not much information on what to expect.

You cant email the embassy? I am sure they would have to either send a letter to the beneficiary or call NVC, they should be able to tell you if your petition was sent back to the consulate.

I dont think the consulate would contact or email you for anything. We have emailed them in the past, and sometimes they dont even repsond to congressional inquiries.

As far as a reason why they sent it back? oh who knows...not a legitimate one i can tell you that. They seem to send these back hoping uscis doesnt renew them, but as of lately, it looks like uscis is taking action and sending them reaffirmed back to the consulate...

When petitions are reaffirmed, I wonder if they go through the nvc again, directly to consulate or which steps? Our case was approved and reaffirmed by uscis and sent back to consulate, but since we already have nvc case number... how does this process works. I know reaffirmations are not everyday things but anyones help would be great. I would call the consulate but they dont ever accept phone calls for visa information, but im sure we have to set up another interview. We have hope again. Thanks all .

I believe if you to to the MENA (Middle East - North Africa) regional forum there is a pinned thread that has information on what happens once USCIS re-affirms a petition...but I believe it follows the same procedure, NVC (short stop-over) and then the consulate for second interview.

-P

yeah i thought so...our noa2 was dated june 12 , and receive it on june 20.. nvc has not got the case back as of today..

When petitions are reaffirmed, I wonder if they go through the nvc again, directly to consulate or which steps? Our case was approved and reaffirmed by uscis and sent back to consulate, but since we already have nvc case number... how does this process works. I know reaffirmations are not everyday things but anyones help would be great. I would call the consulate but they dont ever accept phone calls for visa information, but im sure we have to set up another interview. We have hope again. Thanks all .

I believe if you to to the MENA (Middle East - North Africa) regional forum there is a pinned thread that has information on what happens once USCIS re-affirms a petition...but I believe it follows the same procedure, NVC (short stop-over) and then the consulate for second interview.

-P

yeah i thought so...our noa2 was dated june 12 , and receive it on june 20.. nvc has not got the case back as of today..

since you are married the k-1 petition is no longer salvageable....

yes we weighed that option to marry also. But, when you do marry you kill the k-1 petition all together. We decided to wait it out and our petition was reaffirmed this month..

When petitions are reaffirmed, I wonder if they go through the nvc again, directly to consulate or which steps? Our case was approved and reaffirmed by uscis and sent back to consulate, but since we already have nvc case number... how does this process works. I know reaffirmations are not everyday things but anyones help would be great. I would call the consulate but they dont ever accept phone calls for visa information, but im sure we have to set up another interview. We have hope again. Thanks all .

Here is the congressional email response from the consulate to my congressman.

United States Consulate General

Guayaquil, Ecuador

August 12, 2008

The Honorable Vic Snyder

Member of Congress

ATTN: Maggie Hobbs

E-MAIL: Maggie.Hobbs@mail.house.gov

Dear Mr. Snyder:

Thank you for your e-mail of August 5, 2008 concerning the K-1 visa application of Ms. xxx xxx. Your constituent, Mr. xxx, is interested.

On March 25, 2008 Ms. xxx was found ineligible to receive a K-1 visa under Section 221 (g) of the Immigration and Nationality Act because she failed to provide sufficient evidence to prove that a bona fide relationship existed between her and Mr. xxx.

Based on the lack of evidence, the Consular Officer suggested a joint interview as a method for verifying the relationship. This Consulate conducted an interview with the couple on June 26, 2008. During this interview, the couple was not able to demonstrate that their marriage was not solely for the purpose of obtaining an immigrant visa for Ms. xxx.

Ms. xxx’s immigrant visa petition is being returned to the Department of Homeland Security (DHS) through the National Visa Center with a request that they revoke approval of this petition. The case is first sent to the NVC and then they forward the case to the DHS office that approved the I-130 petition.

The decision made by the Officer on August 7, 2008 cannot be appealed. After DHS reviews the request for revocation, they will contact Ms. xxx with their findings.

Please do not hesitate to contact us if you have any other questions.

We were not given a denial form. I have had the senator and congress get a response and it says Based on the information of the interview, we believe the visa was for immigration purposes only and are returning the case for review. The state department told us the denial was under section 221g. There was no form, formal letter, It was a typed, no letter head signed by the "chief consul" with no name. It was the same response in emails. I did not attend the first interview, but the second interview i attended and we did a matrimonial stokes style interview in separated rooms and were drilled like prisoners of war. This interview was done by an ecuadorian national and not a u.s. consul, and told us that the consuls were busy with other cases.

If you status changes I would think we could file a new petition with an attachment as the k-1 dies anyway when we marry. From what i understand, this k-1 can take 2-3 years just to offer a review and then more time for the decision. It says multiple k-1 petitions are not allowed, but it dont say that about cr-1 or k-3.. I have read other couples on here filed with pending cases and got approved, but every consulate is different. There is no talking to , asking questions, emailing or anything from this particular consulate, the only phone call you get to them cost 12 dollars and its just to schedule the interview.

We submitted hundreds of pictures, and during the interview, they never asked who was in them or anything. They didnt care, the decision was already made.

We were denied at the Guayaquil Ecuador Consulate for immigration purposes only.this was after 2 interviews. Yes we submitted all the evidence, senators, congressman, and all that non-helping items, they still sent our case back for review to VSC in january 8, 09. We want to marry in july and have everything ready. Our orginal petition was filed in october 2007. As long as we repsond to all the requests from uscis, is it safe we marry? my lawyer says that is the best option for CR-1 or K-3 and stop worrying about the k-1. Any help would be wonderful. Thanks

Research the anecdotal evidence for your consulate as to the outcome of visa approvals with or without the American by the beneficiaries side.

What happens in London can be very different from Chile from Vietnam from Frankfurt from Manila.............

There is the key statement right there. From what I have seen, quite a few Central / South American consulates automatically deny until the USC can make an appearance. RJ's advice is spot on.

I didnt attend, and ours was denied. They requested I attend a second interview, which is in june...The consulate dont factor money(tickets) over love, thats what i gather... hope that helps..

Well, guess what? My fiancee went to the interview today and was denied. The consul apparently wanted to see telephone bills (some were included in the I-129f package, if I recall), evidence of a joint bank account, and for ME to be there in SEPTEMBER to attend a "marriage interview." [censored] I had e-mailed these people in January to ASK if it were required or desirable for me to also be there, and they did not comment. [censored]

I have already contacted my Congressman's office. From Roy&Katy's story to mine, there seems a pattern here of treating two different visa applications -- K1 & K3 -- just the same.

Roy, where exactly on the Guayaquil Consulate website does it say that only the beneficiary is entitled to be interviewed? I have not found that yet.

actually on the guayaquil website, it says, not even the u.s. petitioner can attend the interview. It says ONLY the beneficiary and an approved translator if required. I dont get it either. they never told us exactly what evidence they required. we showed them some of everything. All we can do is show them more of what we already have.

Thank you for the replies,it helped me feel better.yes,i've been saving our conversations and those that can prove our relationship.i bet we'll be ok.

yea my fiance just had her interview in ecuador. We met just once. Her visa was refused and the consul requested that me the u.s. petitioner come to interview. It just all depends of the officer i think. I wouldnt risk it if i could go back and do it again. now i have to wait until agust for the joint interview.

Honestly, I doubt your place of meeting has anything to do with your situation. The I-129f was adudicated and the ConOff is not suppose to re-adjudicate a petition. There has to have been some lack of evidence proving a bonafide relationship or other circumstance that prompted the ConOff to seek additional validation.

Right, they wouldn't be questioning the evidence of meeting requirement. It would be about the relationship bona fides. Maybe the fact you didn't visit during the process along with skimpy evidence would be the cause. You may never know but you know what to do now.

yes we hope its approved soon

yes and the letter they gave her keeps saying bring your husband to ecuador to interview with you, and have a marriage interview, but we are not even married...Im not sure what they want. I sent the information to my senator and they are going to ask the consul what is it that they are looking for.. because the letter they gave her said bring items with rent and bills in each other names, and that.

It seems like they are unaware this is a K-1 interview not a K-3 nor CR! Or maybe they used the same format for every second interview letter, this is all so confusing! What they are asking you to bring is what they ask for married couples.

Have you tried sending an email to the Embassy? Their email should be on the website, include your case number and explain your situation and ask them what they want.

I hope you are able to solve this soon!

Yes, my senator emailed the consulate this morning inquiring as what else they require for this case and why are they asking for a "wedding interview" I would fly down there next week if they would interview us. So the senators office is going to try to help with that. I dont mind going to an interview, if i would have known i could go to it, i would have went.

This is strange; I too thought that for K1 interviews, only the beneficiary was required to attend. Also, the K1 interviews occur only at the Guayaquil consulate, so why would you be asked to go to the Quito embassy? It sounds to me as though you need much more information on what the Officer's thinking is.

Well i guess his question was....why hasnt he came to quito to visit. And she told him the truth, i started a new job, and didnt have any time off, but could go to the bahamas much faster(it seemed) and be back to work sooner. And it says on the guayaquil website, the ONLY person allowed in the interview was the fiance benef, that no usa petitioner could come. I just wish i knew what they wanted.....or.............. i dunno

This is strange; I too thought that for K1 interviews, only the beneficiary was required to attend. Also, the K1 interviews occur only at the Guayaquil consulate, so why would you be asked to go to the Quito embassy? It sounds to me as though you need much more information on what the Officer's thinking is.

Well i guess his question was....why hasnt he came to quito to visit. And she told him the truth, i started a new job, and didnt have any time off, but could go to the bahamas much faster(it seemed) and be back to work sooner. And it says on the guayaquil website, the ONLY person allowed in the interview was the fiance benef, that no usa petitioner could come. I just wish i knew what they wanted.....or.............. i dunno

Hi:

We also had a sort of similar situation,because we got married in the Dominican Republic instead of El Salvador therefore the CO got suspitious why we didn't get married in our homeland with friends and family?? go figure!!! anyway I don't understand why do you have to wait till August for the second interview if I were you I'll try to get in touch with the embassy and try to schedule it for an earlier date,in our case the CO told my husband that as soon as I get there,we should show up at the embassy with no prior appointment or anything,so 4 days later we hd our interview and the visa was granted right away.

Good luck and keep us posted.

God bless

Abby

I hope we can do that, but when i call to the embassy, its just some girls that schedule apointments telling me...august 6....and I said I need to talk with someone with the consul because I planned on going there in april, and they just tell me august.

Very unfortunate,is horrible how they'll make you wait for 5 months,this is unreasonable!!!!!!!! keep calling the embassy at this point you have nothing to loose or contact your senator or representative to make an inquiry for you and revised your case. I thouth the El Salvador embassy was one of the worst but seeing this happening in Quito just makes me wonder....

yes and the letter they gave her keeps saying bring your husband to ecuador to interview with you, and have a marriage interview, but we are not even married...Im not sure what they want. I sent the information to my senator and they are going to ask the consul what is it that they are looking for.. because the letter they gave her said bring items with rent and bills in each other names, and that.

This is strange; I too thought that for K1 interviews, only the beneficiary was required to attend. Also, the K1 interviews occur only at the Guayaquil consulate, so why would you be asked to go to the Quito embassy? It sounds to me as though you need much more information on what the Officer's thinking is.

Well i guess his question was....why hasnt he came to quito to visit. And she told him the truth, i started a new job, and didnt have any time off, but could go to the bahamas much faster(it seemed) and be back to work sooner. And it says on the guayaquil website, the ONLY person allowed in the interview was the fiance benef, that no usa petitioner could come. I just wish i knew what they wanted.....or.............. i dunno

This is strange; I too thought that for K1 interviews, only the beneficiary was required to attend. Also, the K1 interviews occur only at the Guayaquil consulate, so why would you be asked to go to the Quito embassy? It sounds to me as though you need much more information on what the Officer's thinking is.

Well i guess his question was....why hasnt he came to quito to visit. And she told him the truth, i started a new job, and didnt have any time off, but could go to the bahamas much faster(it seemed) and be back to work sooner. And it says on the guayaquil website, the ONLY person allowed in the interview was the fiance benef, that no usa petitioner could come. I just wish i knew what they wanted.....or.............. i dunno

Hi:

We also had a sort of similar situation,because we got married in the Dominican Republic instead of El Salvador therefore the CO got suspitious why we didn't get married in our homeland with friends and family?? go figure!!! anyway I don't understand why do you have to wait till August for the second interview if I were you I'll try to get in touch with the embassy and try to schedule it for an earlier date,in our case the CO told my husband that as soon as I get there,we should show up at the embassy with no prior appointment or anything,so 4 days later we hd our interview and the visa was granted right away.

Good luck and keep us posted.

God bless

Abby

I hope we can do that, but when i call to the embassy, its just some girls that schedule apointments telling me...august 6....and I said I need to talk with someone with the consul because I planned on going there in april, and they just tell me august.

This is strange; I too thought that for K1 interviews, only the beneficiary was required to attend. Also, the K1 interviews occur only at the Guayaquil consulate, so why would you be asked to go to the Quito embassy? It sounds to me as though you need much more information on what the Officer's thinking is.

Well i guess his question was....why hasnt he came to quito to visit. And she told him the truth, i started a new job, and didnt have any time off, but could go to the bahamas much faster(it seemed) and be back to work sooner. And it says on the guayaquil website, the ONLY person allowed in the interview was the fiance benef, that no usa petitioner could come. I just wish i knew what they wanted.....or.............. i dunno

This is strange; I too thought that for K1 interviews, only the beneficiary was required to attend. Also, the K1 interviews occur only at the Guayaquil consulate, so why would you be asked to go to the Quito embassy? It sounds to me as though you need much more information on what the Officer's thinking is.

Well i guess his question was....why hasnt he came to quito to visit. And she told him the truth, i started a new job, and didnt have any time off, but could go to the bahamas much faster(it seemed) and be back to work sooner. And it says on the guayaquil website, the ONLY person allowed in the interview was the fiance benef, that no usa petitioner could come. I just wish i knew what they wanted.....or.............. i dunno

Honestly, I doubt your place of meeting has anything to do with your situation. The I-129f was adudicated and the ConOff is not suppose to re-adjudicate a petition. There has to have been some lack of evidence proving a bonafide relationship or other circumstance that prompted the ConOff to seek additional validation.

Yea I thought so too, but we sent phone records, emails, birthday gifts, many many pictures, wedding plans, since 2005 and she even took emails between her and my family and mother. So im not sure what else he is wanting, he didnt say denied, just gave her a letter that said interview should have fiance present. I spend 48 dollars this morning buy pin numbers to talk to the embassy, and the only thing they could tell me was....do you want to schedule the next interview? So i have no idea what the consul wants me to bring

Same thing happen to us, our was a CR1 tho, the CO requested that I needed to be there for a second interview it was totally unexpected so I had to travel and be there with him for the interview,he was granted the visa after that, it wasn't as easy as I thought but thank GOD the Co was conviced ours was a bona fide marriage.

just plan your trip ASAP and do as they say,everything will be fine.

Good luck

God Bless

yes i dont mind going down there....i would go down there tomorrow if they wanted, but the embassy is saying august...... and thats a huge swing in plans. I know not to plan anything for sure, but i was hoping it would be a few weeks...or even a month.....

I've never heard of it, man, I'm sorry, that's a bit worrying

Try not to freak out I guess. He hasn't turned you down or rejected the filing or anything. I think for you to have gotten this far you're probably okay, and it sounds like you have ample evidence. I have heard of interviewers wanting more evidence but never of the interviewer asking to see the US petitioner, too.

You've met in person in the past 2 years, which fulfills the requirement. Maybe it's a problem that you met outside of either of your countries?

I guess its why, but i would have went to the interview if i would have known, but it said on the website, only the beneficiary was allowed to the interview. and i read about many couples who have met in "neutral" countries, with no problems....i guess it all depends on the individual consul officer.

Im the petitioner in usa. We met in the bahamas in august 2007, We met on the internet in 2005. We submitted, pictures, letters, emails, birthday cards, presents, phone records, and much more proof, and the Consular officer in guayaquil ecuador told her today in the interview that he is requesting an interview with us as a couple and I have to come to another interview with her. Has anyone heard or experienced this? He was asking if i had come to quito. Thanks for your help.

It asks who will pay for your trip? Im the U.S. sponsor, and i will pay mostly for the trip, but she will pay some of the smaller things im sure. What should I put on that question? Thanks for any help

Is it ok that i complete the forms (packet 4) for my fiance as long as i sign in that place, and she signs her part? Thanks for anyones help

hello VJ members

I received NOA2 hardcopy from VSC today. It says my petition has been approved and forwarded to listed Consulate.

It does not mention National Visa Center at all. I read somewhere that next step after NOA2 is NVC and then Embassy or Consulate.

Is it normal?

Mine did that. The NOA2 said it was sent to the consulate. It did go to the NVC but I couldn't get any information about it until after it left. All cases must go through the NVC to get a new case number. All is well.

Ours just went through NVC and our letter said the same thing. I think thats just a generic letter they send to everyone. Congratulations

Got NOA2 after 96 days ! Where is the packet 3 mailed? OR? Fiance is in Ecuador. The mail sytems there are very slow. How does that work? Thanks for anyones help and or experiences with that...