punkmada

I have used ebay for years and have never been scammed (knock on wood).

Hey did they refund? If not contact your bank.

Since leaving Islam is not allowed, start the kids out as Christians and let them convert to Islam if they want to. win-win

they can leave.....

49:13 O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).

I have several cousins who have left Islam. They are pious people, well and happy, and still within the fold of the family. If you believe that God guides all, and they are of Him, you leave these things to Him. We are warned not to claim to be Chosen People, for that is a complaint Allah makes of the proud and arrogant among us.

You are a VERY great teacher!!! I really respect all the knowledge straight from Quran that you have shared with us. May Allah reward you!!!

trina..Dont look at it from a sexist stand..

Lets see if this makes sense...

If a muslim man marries a christian women, than the children would be muslim (in ME countries) bc the kids follow the father..so then when those kids marry. if a muslim women married a christian man, the children would follow the father, making them christian, so you would have 3 generations of different religions. this is not accetable in ME countries..

so it is allowed for the man bc his kids would always be muslim...

And i dont even think this is just a ME following, my father is catholic, my mother lutheran, my bros, sis, and i were raised catholic, bc they believe in following the fathers religion also..it is an old school way to think, but, religous conflicts cause many strains on marriages, and i think using this method is better...knowing what your getting yourself into before its too late..

Wow, what a load of ####### that has NO foundation in the Quran or Sunnah of the Prophet. How did I miss this thread back in May?

I posted this a couple of days ago on the MENA board. In it, I said you can't explain this "prohibition" without sounding irrational, and that continues to hold true:

QUOTE(just_Jackie @ Aug 20 2008, 08:27 PM)

I really had never heard of Islam until after 9/11. I started to read about it and studied for 6 months. I knew of no muslims. I didn't know any arabs. I just knew I was searching for something with structure and found it in Islam.

After 6 months of preparing, I said my shahada May 5, 2002. A muslim woman can only marry a muslim man, so that narrowed my field greatly! lol. It is always refreshing to see someone show interest.

Jackie

Actually, the belief that Muslim women can marry only Muslim men is not derived from Islam, but from fiqh law based on cultural norms arising from the wars and animosity between Muslims and non-Muslims. Unfortunately, fiqh is not always Islamic; it is the fallible attempt by scholars and jurists to forge the wishes of individual societies into paradigms that make social sense, but not always spiritual sense. It is impossible to explain the reasoning behind this law without (1) insulting the competence and autonomy of all Muslimas; (2) asserting that Muslim men superior to all other human beings; (3) distorting Quranic law; and/or (4) subordinating women to all men. Try to do it without having to engage one of those. You can't. You also must ignore Muslim history.

During the Prophet's time, there were Muslim women who converted many years before their husbands, inculding the Prophet's own daughter, Zainab, and the parents of the ahadith transmitter Ibn Abbas. His mother was the second woman to convert to Islam after the Prophet's revelations, but his father did not convert for 20 years after his wife. Also, Aisha was engaged to a Christian man by her father, Abu Bakr, a close companion of the Prophet and the first Caliph, before that engagement was withdrawn so she could marry Muhammad. He would not have done such a thing if it was forbidden by Allah.

There is nothing in the Quran nor the Sunnah disallowing Muslim women from interfaith marriage with kitabi men. This is a perversion of the law that is being reexamoined and challenged, much along the line of manadatory headcovering, honor killings, obedience to husbands before God, slavery, polygamy for a man's pleasure, and the belief that Muslims are God's chosen people. One must be careful to understand the origins of fiqh and beliefs, and discern whether they have roots in Allah's law or in man's law. The distinction is essential for anyone that wants to remain true to the Word, for our alliegence is to Allah, not to mortal desires.

I am a born Arab Muslima was married to a Christian man for 30 years. I broke none of Allah's laws in doing so. Nor have any of my sisters who have learned that such prohibition is not of God, but from the unIslamic desire of men to rule over women. We pray for the suffering of Muslims who are lead astray by this rule. May Allah guide us all.

I Agree!!!

Hi Trina, I just came upon this old topic looking at your profile.

My wife is a Muslim and I'm a Cristian, we got married in Texas last year, we thought about having children but we decided not to since I'm 50 and she's 40. We both already 2 children from each side, not living with us, so our marriage was based on the fact that we loved each other keeping religions aside.

We love, trust and respect each other. I have even accepted to pray to GOD in Arabic, and have made the effort to try tp follow some of her daily prayers, not only because I believe in GOD but it also makes us happy, keeping our relationship strong.

Since our marriage is not legaly recognized in Egypt, I'm open to possibly convert to the Muslim religion, although we are not planning to live there but it will make it stressful for both of us to go there on vacation.

I don't believe that by us being of different religions, and especially since she a Muslim woman, that we are going to be punished by GOD.

I Agree!!!

Do I call Paypal again or just wait for them to email me the results?

I had a similar situation where the seller never shipped the products to me. It was well over $300 they refunded the money back to my credit card. I believe Paypal will refund all of your money. Keep calling them and checking in with them about your refund.

Hello,

I just returned from Guangzhou, China, where my Chinese fiancee and I went for her K-1 visa interview.

Since submitting my petition to USCIS 8 months ago, the process had been going very well. We were getting through each stage in the process in a shorter than expected timeframe and had high hopes that the interview would result in success.

My fiancee brought to the interview a substantial amount of evidence of our ongoing relationship: plane tickets to China from November/December 2007 and from this month when I came to support her during her interview, photos of us together and with her family, mounds of printed emails between us, telephone records, chat transcripts, receipts for support money I'd wired her on various occasions until now, signed statements from us both of our intent to marry each other upon her entry to the U.S. She even brought in my passport to prove I was there, along with a credit card in her name under my AmEx account. She also brought my affidavit of support, complete with employer's letter and paystubs, as well as my official tax return transcripts from the past three years.

We were very surprised when she walked out of the interview with a letter stating that according to some section of immigration law (212 or 214©?), she was not eligible for a visa because we do not have a "bonafide" relationship.

Now, I never saw the word "bonafide" mentioned even once in the countless lists of recommended supporting documents to submit for a K-1 visa application or in the interview. Where I do now see this term mentioned is in the instructions for a K-3 visa, for married couples, where they are supposed to provide documentation to evidence the "bona fides" of the relationship, such as commingled assets, joint bank accounts, mutual property or rental leases, children together, etc.

I find it hard to believe that couples who are only just engaged are expected to have these kinds of "bona fide" factors in place already. I am beginning to think that the consular officer mixed up the criteria for a K-3 with our K-1 and it resulted in this denial.

All I know for sure at this point, according to the consulate's denial letter, is that they are now sending the case back to USCIS with a recommendation for revocation of my petition, and that "within several months" i will be given a 30-day window of opportunity to appeal the decision through USCIS. Then I suppose we will have to wait several more months for a re-evaluated decision - which frankly my sense of pessimism leads me to suspect will be the same decision as we have gotten already.

Does anyone have any experienced insight or suggestions on the above?

Now, I am thinking about just going to China with a Marriage Certificate from the Chinese Consulate, registering for marriage in her home town, and marrying her there. Would this be considered a circumventing act in the face of the recent K-1 denial and possibly harm our chances of getting a K-3 visa once we are married, if we decide to go that route instead of the K-1?

I will do practically anything legal to be with my girl at this moment - even if just to be with her while waiting for some good news on the visa front. I work for a U.S. employer at a job that can be done entirely via internet. I am thinking of going to China on my tourist visa (60 day stay, multiple entry) and telecommuting to the my U.S. job. Does anyone know if I would be required to get a Chinese work visa, even if I am U.S.-employed and will not be seeking a job from a Chinese employer while there? Additionally, is it still possible to get an upgrade (while in China) on a regular "L" visa to a renewable Spousal "L" visa which allows for extended periods of time to stay in China for the purpose of visiting a spouse?

I'm sorry for all the questions. I hope someone can give me some advice. We surely would appreciate it.

Thank you.

The prudent course of action is to hire a local immigration attorney in Guangzhou to intervene and plead your case with the Consulate before they send the case back to USCIS. All USCIS will do is let the petition approval expire with no action.

Typically, the Consular Officers in Guangzhou, don't issue such denials willy nilly. There must be something that happened in the interview or some outside influence that triggered this result. It could all be a case of mistaken identity.

For more China specific support I suggest you go to http://www.candleforlove.com where there is a wealth of experience dealing with these issues.

I encourage you to act quickly, if you wish to have any chance of reuniting in the US anytime in the next year or so.

PS: In this context, bona fide just means genuine or for more purpose than to obtain an immigration benefit. You'll want a full and detailed account of the interview.

For starters get your senator or congressman involved NOW! Try and keep your case in China. Once it's returned to the US you have a LONG hard basically one way road ahead.

Been there, done that, the first time around.

Something "ain't" right for her being denied with the evidence you say you have.

We basically had the same problem happen to us in this past month. I have contacted my congressman here in Arkansas to try and keep the petition there to show more proof. Please, please get your congressman involved now. If all else fails I am going to Egypt to marry him and take our baby with us. I will pray that you will not have any problems. I find it strange that so many people are showing valid proof of a genuine relationship and we are being denied. I also want you to get letters from your family and her family with names and contact info to your congressman to give to the consulate there. Do everything you can to keep the petition there. My heart is with you guys.

Pretty sad! It was our first time to use Ebay and it looked good with the sellers ratings and store. We bought 2 high priced items on August 16th, paid with PayPal and the sellers account received it on Wednesday Aug 20th. . . No word from the seller about anything! Adam even tried to call them today but only got the sellers store answer machine and then this evening I find that they have 5 bad reviews dated from yesterday and today saying the buyers never received their products they paid for! I immediately called Ebay customer service bcz I was soooo upset... I am feeling like something is not normal and possibly a scam. Ebay Customer Svc said they will handle it but could take up to 10 days. I just want our money back now and never use Ebay again. Im sad!

Did you pay with Paypal? If so, report them and you should be able to do a chargeback and get your money back. Let me know.

I would have sent a detailed letter with a table of contents of proof addressing: letters from family/rabbi, sponsor/finances, religion, info on orfy marriage and it not being recognized here, a letter from the hospital denying change of name for baby ,etc. I would have then sent a copy to congressman to send, scanned and emailed to embassy with Case number and expressed a copy to embassy/husband.

Push until there's nothing left and then only if last option start over and try the CR1/IR1 route.

You say you sent the letters, but did you send the other things that Prena listed?? I'd be fighting tooth and nail to get that petition turned around as fast as possible.

Yes, I have letters and pictures, videos from his family while I was there, all sorts of proofs that the consulate will be able to look at in order to keep the petition there. Although often times I have heard this may not work and I will be in for the long run. I am going to fight as much as the law will allow me to. On the other hand, I am mentally and physically ready to go back to Egypt and make the legal marriage there now, inshallah. Thanks to all on this forum who have shared their experiences and helped with so much support!!!!

I am of little help re: Cairo as I went through Algiers which is a much easier Consulate. But, I am a Jewish woman married to a Muslim man and so I at least want to voice my support and outrage. We addressed religion in our original petition and had many letters from family and friends. It was easy for us to write strongly about it as it was something we had talked about extensively before marrying (and continue to talk about four years into our marriage). It was not mentioned in our interview and has not come up at any part of the process. Had it, I would have been furious and had our Congressman on the case immediately. Now, our case is different in that we met and married in the US where such things are not as odd and I was living in Algeria at the time we applied which made it very dificult to doubt the validity of our relationship. Still, while it mignt put a higher burden of proof on your case only because it is something unusual in Egyptian culture, visa issuance follows US law and denying based on religion is not OK. I am going to guess that they never stated this as the reason nor will they. They may be running in circles trying to find other reasons and, to be honest, the Orfi issue may stick. But, I hope you have a Congressperson on your side and that they are willing to press the issue.

I guess all of that is just to say that there are other Jewish/Muslim couples out there and that some of us have strong happy marriages. I wish the same for you.

I think there is something other than religion involved. Read the original letter she wrote

It seems to be a culmination of things. The religion, baby born in a "red area" from the divorce and orfi marriage. Childs name not Arabic... The fact is that they have suspicions but nothing solid. This is why they are sending it back. A "test" of the relationship.

I still say to push it and push it and don't give up until you have confirmation that the file is indeed sent back and expired. Keep in mind, the consulate has the right to extend the petition if they chose too.

Yes, I am holding on until we have confirmation that it is indeed sent back!!! In the meantime I am making preparations in order to travel again. I think that I have to hold on hoping and praying that they will indeed give him another interview.

IMHO, you should keep pushing. There are others who went through the same, but persisted and were able to turn it around. Again, have you resubmitted (via your congressman) the additional proofs anyway? If you 're not going to do above and beyond what it takes then sure pack up and go. However, as a previous comment stated, think about the sponsor issue once/if you decide to move back.

Either way best of luck to you.

Yes, my congressman has emailed them about everything, even about the strange refusal that he was given yesterday. Since our petition is DOA then I am sure that we will have to do something else and soak more money out into the burning fire in order to be together. Such a long process, that seems never ending.

What proofs/additional info did you submit through your rep's office?

The letters from my family, his family, and the rabbi.

IMHO, you should keep pushing. There are others who went through the same, but persisted and were able to turn it around. Again, have you resubmitted (via your congressman) the additional proofs anyway? If you 're not going to do above and beyond what it takes then sure pack up and go. However, as a previous comment stated, think about the sponsor issue once/if you decide to move back.

Either way best of luck to you.

Yes, my congressman has emailed them about everything, even about the strange refusal that he was given yesterday. Since our petition is DOA then I am sure that we will have to do something else and soak more money out into the burning fire in order to be together. Such a long process, that seems never ending.

This petition already expired July21st, his interview was August 3rd. Today he got a letter sent to him by DHL from the embassy and it stated that they are forwarding the petition to USCIS because they do not feel that the relationship is true and valid and they are not going to take any further action until they are notified by USCIS. So, should I be getting packed up and ready to go back to Egypt now? Because from the sound of it, I have no other options.

*********************************************

Sure, if you are heading back to get married...then come on home and wait on your petition. However, you have to think of support when you are finally approved and if you head off to Egypt that would be extremely difficult unless both of you planned to live there permanently.

I'm very sorry for the news you guys received but don't give up. As someone else mentioned prior, they will take the marriage petition more seriously and the fact that you would be "reapplying" only means you are NOT giving up and things might move along better for you guys. isA.

Best of luck...let us know what you decide to do.

Yes, if this is the end of the road for the K1 visa since it expired July 21st and I have been told that once they expire and are sent back they are as good as garbage. Going back to Egypt would mean getting married coming home and filing the petition. I am taking all online classes this semester so I am not worried about them, and my two older children will stay here with grandma, at least Eli will get to see his family. Anyways, I think that if there is nothing much else that my congressman can do I will go ahead over there and make arrangements now. We have been going thru hell since December 2006 and I just want him here and all of this to end. Thanks for your support and quick answer.

Here is the other case that I was referring to: http://www.visajourney.com/forums/index.ph...p;#entry2133982

I think it would be best if you actually viewed the papers he was handed. From the best I can figure this "form" simply lists their reasons. What's on the one they gave him?

Yes, he scanned the refusal paper and it listed this with the x marked next to Labor Certification and below that it states the form to refer to. I am almost positive that the CO is basing this on the fact that we should have filed a marriage visa since the K 1 was just for fiance. But we are not legally married, religiously only and that marriage is not recognized.

Didn't they give him the form to refer to?

No, that form was listed as something to refer to. But it was not given to him at all.

Strange, because I can't find the actual form anywhere.

Neither can I thats why I tried to contact the other couple that are having a similar problem as we are. Thanks so much for your help!!!

Well, he got a letter by dhl from the embassy today and I thought it may be the form that we are supposed to refer to. But, it was a letter stating that they are returning the petition back to USCIS and that they are taking no further action until they hear back from USCIS. The reason for doing so is that they do not believe that the relationship is true and valid. Well, that for sure has nothing to do with a Labor Certification. I also have looked online and a K1 visa applicant is exempt from the Labor Certification. So, I am not sure at all why they gave him this refusal letter yesterday.

I don't think any sorry is needed... maybe it was just a small smile in the middle of something that is truly heartbreaking.

I definitely do agree and I can not see how if DNA results were provided they could deny the validity of this relationship!!!

Provide proof on the orgy marriage not being recognized, religion, sponsorship any and everything.

I believe that is a typo. But it made me laugh.

I hope the OP gets to the bottom of this and everything works out for you.

YIKES I'm sooooo sorry about that. I'm usually queen of spellcheck - that's what I get for multi-tasking at work. I'm so sorry for the ugly typo.

I would just like to see action taken for this couple asap. I feel really bad. Especially having a child involved who very much deserves to have his father here in his life.

Sorry again

DNA results does not prove a valid relationship. It only proves they had sex. The CO is looking for fraud. In the CO's mind he is using her for a green card, therefore sex would have to be a part of the act. It truly sounds like his suspicions are based on the Jewish/Muslim relationship. They don't need a lot of reasons to deny a case, and I can see them denying it based on this. It's wrong, but it is done.

We had a group of us that had been denied out of Casablanca, and one of the couples had a CO that told them that "she would be surprised at the amount of petitions that never come back to them". So I believe that they simply deny based on what seems odd to them, knowing that if it is fraud they will drop the case, and if it goes the distance they will reaffirm the petition and it will be sent back. No skin off their noses, just more work for the USCIS and a nightmare for the couple.

If this IS sent back, and if it does expire I would go back and get married, file the I-130 (they take these more serious), and in the I-130 application I would write the USCIS a letter explaining everything about the religious difference, why they married anyway, proof that a Muslim is indeed allowed to marry a Jewish woman, and tons of letters of support for your relationship from family (both sides) and friends that know you as a couple. I hope it doesn't go that far, but you must be prepared for every possibility.

This petition already expired July21st, his interview was August 3rd. Today he got a letter sent to him by DHL from the embassy and it stated that they are forwarding the petition to USCIS because they do not feel that the relationship is true and valid and they are not going to take any further action until they are notified by USCIS. So, should I be getting packed up and ready to go back to Egypt now? Because from the sound of it, I have no other options.

I do not know if it's an option or would prove to be too hard.. But what about living there with him long enough to apply directly at the embassy? Getting married and going the I 130 way as others have said but going through the embassy directly.. Again I don't know about Egypt, but in Tunis if you are living in that country for at least 6 months you have the right to go through the embassy directly and many people found this a much faster route? Anyone know how that works in Egypt? Just trying to put some thoughts out there for her so that they can work it out and be a family!

Ok, I have searched head to toe all over the internet, there is just no way that the CO could have denied Hamada on Labor Certification, because he is in fact exempt from that category, If I am correct in my research. Can anyone give me any other information on this? I smell a big rat and a lousy old fish somewhere in this, after what was told to our congressman and me that he was being denied due to validity of relationship, then all of a sudden he gets a call to come into the embassy and is given a 221g for labor certification.

Here is the other case that I was referring to: http://www.visajourney.com/forums/index.ph...p;#entry2133982

I think it would be best if you actually viewed the papers he was handed. From the best I can figure this "form" simply lists their reasons. What's on the one they gave him?

Yes, he scanned the refusal paper and it listed this with the x marked next to Labor Certification and below that it states the form to refer to. I am almost positive that the CO is basing this on the fact that we should have filed a marriage visa since the K 1 was just for fiance. But we are not legally married, religiously only and that marriage is not recognized.

Didn't they give him the form to refer to?

No, that form was listed as something to refer to. But it was not given to him at all.

Strange, because I can't find the actual form anywhere.

Neither can I thats why I tried to contact the other couple that are having a similar problem as we are. Thanks so much for your help!!!

Here is the other case that I was referring to: http://www.visajourney.com/forums/index.ph...p;#entry2133982

I think it would be best if you actually viewed the papers he was handed. From the best I can figure this "form" simply lists their reasons. What's on the one they gave him?

Yes, he scanned the refusal paper and it listed this with the x marked next to Labor Certification and below that it states the form to refer to. I am almost positive that the CO is basing this on the fact that we should have filed a marriage visa since the K 1 was just for fiance. But we are not legally married, religiously only and that marriage is not recognized.

Didn't they give him the form to refer to?

No, that form was listed as something to refer to. But it was not given to him at all.

That's believable - Cairo is it's own beast. Punkmada, I would not rule anything out here: religion, sponsor etc. It still doesn't seem you have in writing the actual denial reason, so since you do not I would address any possible issue asap via your congressman. Provide proof on the orgy marriage not being recognized, religion, sponsorship any and everything.

I'm no expert, but since you're asking for help, my take on it is to address any possible excuse/reason they could use. Send it via your congressman and keep copies for yourself.

It's heartbreaking to see you go through this and I know nothing being said is making it easier, but trust me cross every T and dot every I now. We will pray for a speedy turnaround.

God bless,

Yes, I have sent the refusal paper via email to my congressman. The congressman's office told me that was not the reason for the refusal that they were given. So, something fishy is definitely going on.

Here is the other case that I was referring to: http://www.visajourney.com/forums/index.ph...p;#entry2133982

I think it would be best if you actually viewed the papers he was handed. From the best I can figure this "form" simply lists their reasons. What's on the one they gave him?

Yes, he scanned the refusal paper and it listed this with the x marked next to Labor Certification and below that it states the form to refer to. I am almost positive that the CO is basing this on the fact that we should have filed a marriage visa since the K 1 was just for fiance. But we are not legally married, religiously only and that marriage is not recognized.

No bashing here and thanks for helping me to understand it all a little bit better. Wow a spy? Hmm I can't quite get it either, but all things aside... these visa's are processed abiding by laws and regulations of the US and that's the part I don't get.. If the OP has met all of those, I don't understand how the CO's personal prejudices should affect her situation.... Perhaps placing someone in his position that knows what they are doing and does it by the regulations given by the US would be a better thing... I'm not sure about everywhere but in Tunis the CO wasn't Tunisian, she was American.... Is this CO Egyptian and basing his denial on his own views? That is not the job of immigration's employees....

I'll get bashed for this even though I'm just the messenger but my husband outright said that it is highly highly unusual for an Egyptian man to marry a jewish woman and if they do it many people automatically assume the woman is a spy for Israel. It's hard for me to wrap my head around this type of thinking.

All I know is that Cairo is so different than anyone else. They certainly don't abide by any laws that I know if and if they do I'd like to see where it's permitted for a CO to ask a man how often and when he has sex with his wife! That's what the CO did to my husband and made him feel like a total piece of doggie doo in the meantime.

The CO is 100% American, he told me via telephone that he in fact worked in Jerusalem, and that he was familiar with Jewish Law. On the other hand he said that he is familiar with Egyptian customs and traditions as well. He stated to me via telephone that more proof of the relationship would be needed and that he was refusing and sending the petition back and I could appeal it. This was the same thing that was told to my congressman.

Egypt is well aware of Orfi marriages, and they know it is not considered a legal marriage. Was the marriage ever registered?

Hamada said that the marriage was not legal since we could not get the affidavit.

It sounds like on paper they are trying to say with "labor cert" there is a problem with your co-sponsor. As for the case from india where the k3 was denied, a K3 is for married couples but I believe in this case you would go to Egypt marry and then try for CR1 (don't waste ur time on a k3).

Provide the addl religious info as stated above, but definitely address the sponsor issue since it seems that's what checked off as denial reason. Perhaps your co-sponsor didn't meet the guidelines (when taking into consideration their dependents, you, your child(ren) and fiance.

No it has nothing to do with the sponsor at all. I read the other case and I know this is about our orfy marriage and the CO is stating basically he is trying to come here on a K1 Visa when in fact we should have filed K3 and this is unlawful. That is what is going on. On the other hand the Orfy marriage is not recognized so this is bull.

Hi, he was called to come into the embassy today and was given a refusal letter stating this :

Section 212(a)(5)(A)(i) Labor Certification

See Form DSL-851 A for further details.

Based on this explanation... http://www.expertlaw.com/forums/showthread.php?t=31878

...I'd say they've judged him to be a potential danger to the USA. He is likely to have a clue as to why.

So Labor Certification is a person who is a danger to the USA?

Please read the information about the DSL-851 A provided at the link given. He was referred to DSL-851 A for further details. Those are the futher details.

I read it, but it doesnt seem to answer our denial. I was told on the phone by the consular that he was refusing the visa because he just wanted it for immigration purposes and he stated all the red flags to me. On the other hand my congressman was given another reason as to why he was being refused and this was not mentioned at all. He was called to come back to the embassy after the initial interview 8/3, we both, thinking that they were giving him another interview made sure of him to take more proof since I was told the validity of the relationship over the phone. Well, I will keep asking around and stay in touch with my congressman. I did see another case on here about the marriage and K1 beind denied under this same clause. We were married religiously and were told that our marriage was not recognized, hence I filed the K1 visa petition. It seems this is where the CO was pointing, from reading the other post. Thanks again

Unless they mistakenly gave him the wrong refusal letter, the reference to the DSL-851A means what it means.

Yes, I see another case on here where they wed in India and there marriage was not recognized and they filed a K3 instead of K1. Well we did the opposite of them we wed orfy (religious) in Egypt since we were not given the affidavit in Egypt at the time for our marriage and then we filed K1 visa. So, I am absolutely sure that this is why the CO marked it as such. It is totally wrong if they know that the marriage is not recognized in Egypt or USA and deny us because we filed a K1 visa since he in fact legally is nothing more than a fiance.

Just so we're all clear, the foreign fiance was referred to DSL-851A for further details. This is what a DSL-851A is.

The DSL-851(A) is a brief explanation of which aliens are ineligible for visas. Here's the code provision:

Quote:

Quoting 8 USC 1182(a)(3)(A) - INA 212(a)(3)(A)

--------------------------------------------------------------------------------

(3) Security and related grounds

(A) In general

Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in—

(i) any activity

(I) to violate any law of the United States relating to espionage or sabotage or

(II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,

(ii) any other unlawful activity, or

(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,

is inadmissible.

Unless, the referral to this document was in error, the Consulate is saying the OP's fiance is a suspected threat to the US and is inadmissible on security grounds. If so, her fiance has a clue as to why.

Why am I envisioning a head buried in the sand here.

Here is the other case that I was referring to: http://www.visajourney.com/forums/index.ph...p;#entry2133982

I googled 212(a)(5)(A) and it comes up as a labor certification and qualifications program. This is not the usual statute that is used to reject family-based immigration applications. The fact that you were rejected for a CR1 visa under this statute is, I think, an incorrect application of the immigration law.

link:

http://www.americanlaw.com/exclude6.html

Lawyer told he will put file i130 on our old marriage(green card-2005) and filgt case if question arises. while i told co that i didnot have hindu marriage at time of interview-2008, so i doubt that this is conflict.

also she told not married at time of citizenship-2006.so we took another certificate of different marriage date-2006 and used as base of I130(which is denied).

Or I can marry again properly(hindu & Civil)and put new file DCF.

Thanks,

Thank you all..for ur advice.

I called CIS at New delhi,india .They told me that I don't need to cancel this file(as it is denied).You can Marry again by proper procedure and PUT New I130 by DCF(wife has to stay 3 month in india) or in USA.I think this would be right choice as K1 are getting same time line and there r doubtful getting k1visa.

I am waiting answer from Lawyer from US,to confirm this.

thanks again,

Hi, if anyone has the help about this case please tell me. I married religiously in Egypt and the marriage is not recognized there or in USA, we filed K1 visa and it was refused under the same clause as yours. Please tell me any information that you might have about this. Thanks

Hi, he was called to come into the embassy today and was given a refusal letter stating this :

Section 212(a)(5)(A)(i) Labor Certification

See Form DSL-851 A for further details.

Based on this explanation... http://www.expertlaw.com/forums/showthread.php?t=31878

...I'd say they've judged him to be a potential danger to the USA. He is likely to have a clue as to why.

So Labor Certification is a person who is a danger to the USA?

Please read the information about the DSL-851 A provided at the link given. He was referred to DSL-851 A for further details. Those are the futher details.

I read it, but it doesnt seem to answer our denial. I was told on the phone by the consular that he was refusing the visa because he just wanted it for immigration purposes and he stated all the red flags to me. On the other hand my congressman was given another reason as to why he was being refused and this was not mentioned at all. He was called to come back to the embassy after the initial interview 8/3, we both, thinking that they were giving him another interview made sure of him to take more proof since I was told the validity of the relationship over the phone. Well, I will keep asking around and stay in touch with my congressman. I did see another case on here about the marriage and K1 beind denied under this same clause. We were married religiously and were told that our marriage was not recognized, hence I filed the K1 visa petition. It seems this is where the CO was pointing, from reading the other post. Thanks again

Unless they mistakenly gave him the wrong refusal letter, the reference to the DSL-851A means what it means.

Yes, I see another case on here where they wed in India and there marriage was not recognized and they filed a K3 instead of K1. Well we did the opposite of them we wed orfy (religious) in Egypt since we were not given the affidavit in Egypt at the time for our marriage and then we filed K1 visa. So, I am absolutely sure that this is why the CO marked it as such. It is totally wrong if they know that the marriage is not recognized in Egypt or USA and deny us because we filed a K1 visa since he in fact legally is nothing more than a fiance.