Bowsers

If a visa were denied because of actual fraud then there would be no visa approval after a subsequent petition were filed. At the very least, an I-601 waiver would be required. Visas are usually not denied because of fraud - they are usually denied because the consular officer does not believe that there is a legitimate relationship, and the consular officer has the statutory discretion to make that call. The only way Congress is going to take that discretion away from the CO is if someone invents a machine that can read minds, and the CO's use that machine to weed out the frauds.

The "magic" that happened between the first and second visa application is that the CO has now seen enough evidence to believe that the relationship is probably real.

Think about that for a moment and let it sink in...

If the CO didn't see enough evidence the first time the beneficiary applied to convince them, but saw enough evidence to believe them the second time they applied, doesn't that imply that maybe the CO would have approved the visa the first time if they saw enough convincing evidence?

If you want to increase your chances of approval then you need to take your time, allow your relationship to develop, and collect your evidence before you send the petition. You're not trying to convince your mom that you're in love. You're trying to convince someone who doesn't know you, and who will spend a total of five or ten minutes with your petition package and the forms submitted at the interview before making their preliminary decision. You really want those documents and evidence to make the very best impression.

Anyone who comes to VJ for self-help with the immigration process should not proceed straight to the guides, file their petition, and then spend their waiting time reading the various forums. Read the forums first. Find out what the common reasons are for a visa denial. If you see any of those red flags in your own case then fix them or at least address them before you file the petition. Does the consulate like to deny visas because the petitioner made only one trip? Then postpone filing until you've made a few more trips. Does the consulate like to deny visas because the petitioner and/or beneficiary were recently divorced? Then wait a year or two after the divorce before filing. If you've got a situation that's considered a red flag at a particular consulate that you simply can't fix, like a big age difference, then at least have evidence of a long term relationship to help overcome the suspicion that the relationship is a sham.

I think the general consensus is that it's Lagos, Nigeria, but I'd bet Guangzhou is in the top five. From what I've heard, Juarez is actually pretty easy compared to some of the more notorious high fraud consulates.

Thanks for your "expert" advice/opinion.....but is it really necessary to "belittle" someone that has a BONA FIDE Concern about the "DOS System", while giving it?? Perhaps you need to let it "Sink In", that sometimes it seems that Consulate Officers have already formed an opinion before the interview ever takes place....or perhaps their LOCAL interviewers have done so!! DID YOU FOLLOW ALL YOUR ADVICE YOURSELF,when filing your K1 Petition?

I'm not sure about others, but I'm not on these boards to be told that I should have waited longer to file my Petition, and it would have been approved by the Consulate Locals and CO's!! I'm looking for advice as to my OPTIONS NOW! What Consulate did your fiancee go through again? Was it Guangzhou or Hong Kong?? Guess not!

It's already 1 year since we filed the petition and waiting for 5 months since my interview and was put in AP and today I received an email from the embassy. This is what the email said:

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

Dear ********:

This is in reply to your October 4, 2011 inquiry regarding your visa case.

The case is no longer under our jurisdiction. On September 20, 2011, we returned the I-129F visa petition to the U.S. Citizenship and Immigration Services (USCIS) office in Laguna Niguel, California through our National Visa Center (NVC) for appropriate disposition.

When USCIS is in receipt of the petition, you may wish to contact the USCIS National Customer Service Center at 1-800-375-5283 regarding this matter.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

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

But they still have my passport, they haven't send it back to me yet. I'm just worried if they lost it since last month the embassy got flooded. Then Me and my fiance are going to get married here in the philippines. What are we going to do since we have K1 petition pending? Do we need to wait for the USCIS decision before filing for another petition? Although my fiance will be living here in the philippines for awhile, we just wanna prepare what we will do next when we will start of the spousal route. Any help will be so much appreciated.

Hello,

I really do understand your confusion and "pain" right now. I and my Fiancee are in the same "black hole" situation. She is a Filipina working in Hong Kong...so we went through the HK Consulate. We have been in AP since August 19th,(her 1st interview date), with a total Visa Journey of over 14 months. Today, I learned through an email, after an inquiry, that her application was returned to USCIS on 10/21/2011! To date, I have no specific reason for the "administrative processing" or "Visa Denial". Although, I have not talked to her since yesterday...perhaps she received a notice in the mail. I can only surmise their reasoning for denial of her visa! She is the niece of my ex-wife, that I "sponsored" in 1997 and is now a US Citizen. Goes against Asian Customs?? Makes Elisa and I bad??

Did you receive notice from the Philippine Consulate in writing with "as full an explanation as possible of the legal and factual basis for the visa denial and petition return"?

Good luck to you in your future together...not sure what avenue Elisa and I will pursue now....I do have a Senator "kind of" involved.

Steve