ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresAge Discrimination and Denials

Hello all,

On the Middle East and North Africa forum we have been discussing the possibility of a K3 visa being denied soley because the wife is older then the husband. The impression conveyed by the CO is that a younger man would not normally want to be married to an older woman, so he must be committing fraud and will be turned away for that reason.

Has anyone here had any experience with this? Thank you in advance for your responses :star:



Yes. It can be a factor, but is not in itself a good enough reason to refuse to issue the visa.

You may find more helpful reassurance and info in this old thread:

http://www.visajourn...opic=55028&st=0
JaciNot TellingRomania2006-06-09 21:56:00
US Embassy and Consulate DiscussionAsads interview in tbilisi.
Dear Denali,

It sounds like you have been put on administrative review. To avoid further complications, chech the 221g to find out exactly what it says.

Secondly, continue to collect any and all evidence of your relationship.

Hang in there

Jaci
JaciNot TellingRomania2006-05-30 17:02:00
US Embassy and Consulate DiscussionRumour: can one chose what embassy to file the petition at?

Hi everyone,
I know Ive read somewhere that its possible for the petitioner and beneficiary to chose what embassy/consulate you wnat to file your K1 with overseas. Depending on differences in processing times in different countries, I read that some europeans decided to go through the swedish embassy for example since Sweden is one of the countries which is quickest on handling these cases... Is this true, anyone? And if you do so, would you have to have the interview at this embassy as well, or will your case, once inschedule for interview, be forwarded to the consulate in the beneficiarys homecountry? The info sounds really crazy, but I know I read it somwhere on this website and it would be nice to have it all explained by anyone of you who knows about this stuff for shure. Thanks a bunch! Victoria. :thumbs: :D B)


Hi Victoria

I believe the approved K-1 petition has to go to the country of the alien's residence, or the nearest
consulate, if that country doesn't have it's own. (I believe Moldova, for example, doesn't have it's own.)

I suppose one could go and reside in the country of choice, but it would seem awfully inconvenient, and not terribly time saving to do so.

If you marry abroad, and file as spouse, the petition would go through the country in which the marriage took place.

Jaci

Hope this helps.
JaciNot TellingRomania2006-06-05 05:20:00
US Embassy and Consulate DiscussionBucharest embassy experience
Congratulations Ionescu!

I don't know what the point of it is exactly but it seems at Bucharest they really like to tell people there is no way they're gonna get a visa, even when they are actually going to give it.

I'm so glad it worked out for you!

Jaci
JaciNot TellingRomania2006-06-29 07:13:00
US Embassy and Consulate DiscussionThis is too much to even believe


WOW! This is nightmarish! BUT I think your fiance' did the right thing by not conceding even the slightest bit to the blackmail -- esp. considering that if the consulate HAD shown photos to his family he may have been kicked out of his home/business. That was brave of him, I think!

Also, question: did the CO have a converstion with this mythical "Asian Man" that lives in your house (I guess he must live in your closet or under your bed, right? :rolleyes:)? Or did they just call, hear a man pick up, and assume 1) that he is Asian, 2) that he lives with you, 3) that they didn't misdial the telephone number and 4) that even if it IS your house, that this guy CANNOT just be a friend?

Yikes! I would like to know what kind of conversation went on between the CO and this Asian Housemate of yours and who exactly they spoke with when the CO called. Could they be saying that you live with another man just to fake your fiance' out and see what his reaction is? Head-games like that are upsetting, but I think that considering the fact that they tried to blackmail him, there's a good chance they know that you live alone and are just testing Bala.

It's funny because you told the truth! I feel like if someone were trying to defraud the government, the response to "do your families know about your relationship?" would have been something like "Oh yes! They know and they simply CANNOT WAIT til we get married! :yes: ;) :yes: :D "

Anyway, good luck! Going to India is probably VERY impractical for you, as much as you'd probably love to go, but right now, try and contact a congressman's office and explain your situation. Also, get hold of a lawyer. Catholic charities offers free (or very inexpensive?) legal services and I hear they're good at what they do.

Again: GOOD LUCK!

We figured out the man im living with !!! My 18 year old son came for a visit on May 29th he stayed thru June 9th. Yesterday I remembered suddenly that one morning he was yelling at me.. he said, "Mom Bala called last night in middle of the night and asked me to wake you , and I told him no and hung up", I told him yeah at times if he misses me he will call just to chat for a minute or two. I never really thought any more about it.. But today I called my son and asked him to think back on that night, I asked him if the caller said he was Bala and he said no,, I just heard indian voice and assumed it was Bala. there ya go guys....proof postitive that Im living with a man !!!! my how wonderful the human mind is at assuming !

Vicki /bala



Vicki

I'd document that and fax it to them. If you stay strong and don't give up, refuting every issue you can, I believe they will eventually concede.

Best Wishes
Jaci
JaciNot TellingRomania2006-07-09 10:29:00
US Embassy and Consulate DiscussionThis is too much to even believe

While others have mentioned that COs can employ various techniques to get to the bottom of a matter, I'd seriously doubt that blackmail and lying are within their legal realm, however, the alien applicant has the onus to overcome any obstacle or impression that the visa is not warranted. Having a relationship that does not follow the norm, raises the bar. Rather than respond in furor, it would be wise to analyse the factors that could contribute to that impression by the CO and see which ones you can address.


I agree Diaddy. The key is to remain calm. This is why it's good to have an attorney do this for you. Not being personally involved, and attorney isn't going to be insulted, furious, cry, etc.. (well, never say never :lol: )

I've never heard of a CO actually lying flat out, but I do know sometimes if a fiance had a prior marriage they will tell the applicant "your fiance is already married to someone else" , so there is the truth, and "the truth". (correct answer of course is for applicant to calmly state that the fiance had a prior marriage, but that he is now divorced/widowed) Getting upset or saying the accusation is a lie won't help.

Vicki, search on your consulate and see if you can find the name of the consul general there. Maybe someone in the regional forum for India can help you. It helps if you ask for someone by name. Please be careful though, you may well be interviewed yourself via phone, and will likely need the patience of Jobe not to blow a fuse.
JaciNot TellingRomania2006-07-08 10:24:00
US Embassy and Consulate DiscussionThis is too much to even believe
Vicki

Was Bala given ANYTHING at the interview? (denial, refusal, 221g?)

An attorney with proper experience can contact the embassy for you, possibly even the CO who's on your case, and try and smooth things out or at least get further info. You can try and do this yourself too. IT's a matter of simply refusing to stop calling until they are so sick of you they put you through.(That's how I was able to get through.. I called about 30 times and asked to speak with the consul general by name.. eventually they put me through to the CO who refused to issue the visa) I warn you that to resolve the matter yourself you must stay calm and not lose your temper or be hysterical. (I wasn't able to do that, and we are still separated) Other ideas are to try and contact your consul general by fax. I would personally like to Consul general to know if I had caught the CO lying about me. I'd be shocked if the comment about the Asian man answering your phone was anything more than complete fabrication.

I'd just like you to know that in my experience it's not so unusual for CO's to tell applicants over and over they are going to be denied but eventually issue the visa. If they are still interviewing/investigating you, then you may still get it.

I doubt CO's are technically allowed to do what you are describing, but as a practical matter they have free reign. Mine stopped short of actually outright lying to me about my husband, but definitely led me to believe there is something really terrible about him that I don't know. I suspect it is routine for them to lie, instigate, and use a variety of psychological torture tactics ( the least of which is telling you over and over you are going to be denied) to try and ferret out fraud in some cases, in some countries. I don't think any of it is particularly effective in reality, but it certainly is painful to go through. That said, not all CO's are like that.

My consulting atty told me that sometimes CO's, for whatever reason, are "overzealous" about fraud. It's been my experience older (than their partners) USC females and their foreign fiances/spouses are prime (but certainly not the only) targets. It's not fair but it's the way it is.

Our CO told us she wanted to deny us outright but instead was returning our petition. I assume that it is possible to outright deny a case with evidence of fraud, but there would have to be some kind of evidence beyond a red flag or conjecture, or it would have happened to us. I agree with Meauxna that if they haven't outright denied you they don't have any evidence of anything.

They don't have to outright deny you to refuse to issue a visa, though, so evidence of fraud doesn't seem to be necessary to keep a fiance(e) or spouse from entering the US.
As long as your petition is still at the consulate there is still a chance you might receive the visa "soon", or at least sooner than later. You need to know whether your petition was returned stateside or not. There is a nasty trap set by the FAM for those with returned petitions that you will definitely want to avoid.

Maybe Gary is right about the bribe, but I hate to think so. I've wondered myself about whether that might have been what was missing in our case.

here are 2 must read articles for you and/or your attorney.

http://www.ilw.com/a...0429-ellis.shtm

http://www.ilw.com/a...0323-ellis.shtm

Find out where your petition is if you can. If it's being returned, prepare now to respond. If you can't get anywhere by yourself or with an attorney, write your congressional representative and let them initiate a congressional inquiry for you. The congressman can't fix it, but they can get you some info.

God bless you.

Jaci
JaciNot TellingRomania2006-07-08 05:26:00
US Embassy and Consulate DiscussionPLEASE!! I really need Help!!

Certainly no disrespect to my good friend Jaci and to Karen L, but I'd like to see this question answered by someone with a fiance from the Phils.

Aren't they kinda um - 'weird' about co-sponsors? Do they permit a co-sponsor? Would it matter if the beneficiary were male (as it is in the OP's case) than female?

I'm just wondering, that's all. Not meaning to alarm the OP.



OMG RJ you are so right! I can't believe I didn't even notice that.

I could see however how if the folks are well qualified and have made it clear fiance is invited to come live with them it might be ok. Much better than having an unrelated co sponsor that doesn't know fiance, for a variety of reasons that might be important there. Definitely worth checking on specifics for that embassy.
JaciNot TellingRomania2006-07-15 09:26:00
US Embassy and Consulate DiscussionPLEASE!! I really need Help!!

Hi!

1 - you fill out the I-134 as requested by the consulate. Indicate your yearly income (I THINK you can use financial aid as income, but I could be wrong about that -- someone clarify please). Even if you have a yearly income of $0.01, you still need to fill out the I-134 because, as the future wife of the immigrant and as the petitioner, you have to be the PRIMARY sponsor. Since your income will NOT meet the poverty guidelines you will need a co-sponsor, which leads to...

2 - Yes, your parents CAN co-sponsor for you, but they can only be CO-sponsors. You are always the primary sponsor regardless of your income since he will be your husband. They will also fill out I-134's and submit supporting evidence as indicated in the I-134 instructions. All of the I-134's have to be notarized.

3- you send the I-134's (yours and your parents') to your fiance who will bring them to his interview. Don't mail them directly to the consulate.

I hope this has helped! Good luck! :thumbs:


Nice explanation of why you have to fill out the I-134 even if you're not employed. I suppose you could use financial aid as income, but as I recall college financial aid wouldn't be enough to qualify, and is not necessarily continuing, so I'm not sure it would make much sense.
JaciNot TellingRomania2006-07-14 23:02:00
US Embassy and Consulate DiscussionPLEASE!! I really need Help!!
fill out the I-134 even if you have to put "none" for income.

Have your folks do an I-134 also, showing adequate income/assets

Go forth and conquer :dance

edit--

Ok .. there's a little more to it than that, but really.. if your parents can do one too it's good.

You can always just call or email your embassy and ask, but your fiance has a packet of instructions from the embassy, no?

Edited by Jaci, 14 July 2006 - 10:52 PM.

JaciNot TellingRomania2006-07-14 22:48:00
US Embassy and Consulate DiscussionQuestioning at Embassy
There are lots of old threads about this. In difficult or return cases you might want to add:

WHY do you love your fiance(e)?

What is special about your fiance(e)?

What will you do if you don't get a visa?

Conduct at interview is very important as well in difficult spots.

To prepare for interview... well...

Don't just give your SO a list of questions.. go over the questions together. Remember together how you met and fell in love. Make sure your SO knows the names of your family members and any basic details of past marriages. Even if you believe it's not relevant to your current relationship, the info IS usually considered relevant to an interviewing CO. I would recommend practicing the questions a few times with him/her.

One couple I watched go through a rather lengthy interview in Bucharest really irritated the CO because they had absolutely no evidence of relationship to show except a marriage certificate. The CO let them know they had a big problem and she didn't see how she could approve them, then began to ask typical questions in a rather sharp manner (how did you meet, how much time spent together, etc.) Frankly I was embarrased for the treatment they received at our embassy. I'd like to think people could be polite when they represent my country. Their conduct fit this post exactly and they succeeded even with a ticked off CO and not enough evidence. Had they appeared offended or upset, or behaved like there was any problem at all with how they were spoken to, or like they were panicked about being told they weren't going home with a visa BEFORE being questioned, they surely would not have succeeded.

(Yes, sometimes the CO will tell the applicant they are going to deny them, and THEN ask questions.)

THe couple responded to each question amazingly briefly and politely as if they honestly didn't hear how rude and irritated the CO was, and very calm as if they didn't realize they were a hair's breadth from denial. (they were, and I'm sure they did)

What I learned from them was to maintain that there is absolutely no problem, remain calm and pleasant, no matter what is said to you. Even in the event of denial this is a good idea, since it will make resolving consular issues a lot easier the next time around if you run into the same CO.


JaciNot TellingRomania2006-07-15 12:35:00
US Embassy and Consulate DiscussionVery Disappointed

Thanks for your help and support.

My fiancee got two papers:

1. Optional form 194( the exact#is not clear)
221(g) box is checked, the next line is, Administrative processing
2. The Second piece of paper:

Your case needs further administrative procesing ec, etc..., and tells to contact the embassy after the case number appears on the web site

I sicerely hope, as you all have said it is the security issue, and hope it will be solved soon.

I will email the consulate and try to contact the NVC.


Personally I'm relieved for you that it appears to be Admin Review or processing, although as many people know, that sometimes really sucks too. Still I think this is all encouraging, and that you were actually approved pending some checks. Hang in there.

Jaci
JaciNot TellingRomania2006-07-16 16:10:00
US Embassy and Consulate DiscussionVery Disappointed

sounds like security checks to me..
E mail embassy ask status of case.. :)



I think so too Shon.. look at this:

We have completed administrative processing for the following referenced immigrant visa applicants. Applicants referenced below should appear as soon as possible at the American Embassy in Abu Dhabi between 8:00 a.m. and 9:00 a.m. on any of the following days in the week; Saturday, Monday, Tuesday, Wednesday.

Applicants should appear in person with their passports and any other documents that may have been requested on the OF-194 or any other attachments. Please be advised that visa issuance is not guaranteed and will only be determined at the time of the final review of the entire application by the consular officer.

If your number does not appear below, please check back in one week.


Time for a new favorite site, then, ay?
JaciNot TellingRomania2006-07-16 14:36:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????

skemper,

This is the best advice offered in the thread but it seems hidden amongst everything else (although I think one other poster mentioned it also.) So I want to highlight it.

Yodrak

...
A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. ...

Hope this helps.

Jaci


Yodrak,
I think your added emphasis is warranted.

Skemper, in the abscence of attys specializing in my problem and my embassy I'm looking more towards the problem solvers right now, but the input of the atty specializing in our embassy was somewhat valuable also.

J-
JaciNot TellingRomania2006-07-17 19:40:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????

I wish I had this great advice way back when we were denied


As do I Chi

We have long road ahead of us on our way to our next interview.
Thanks for posting.

Jaci
JaciNot TellingRomania2006-07-16 22:01:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????

First of all, I have all the empathy in the world for you because I am going through a similiar thing. I know how utterly horrible it is to face this kind of disappointment. The most important thing to keep in mind is you have not lost your case yet. Try to save it now by contacting everyone and anyone you can think of. Call the Embassy a million times and try to talk to anyone you can. If it doesn't work from what I understand (because this is the point I am at right now) your petition will be sent back to the original immigration service center that approved it in the U.S. and you will get an intent to revoke your petition letter giving you thirty days to respond. This is your chance to prove that the Embassy made a mistake (how I am not sure yet and am still figuring out!) and if they are convinced they will send you petition back to the Embassy.

More bureaucracy, more waiting but not hopeless. Just very bad news. Honestly, sometimes the visa process seems pretty arbitrary. I am really sorry this has happened to you. Don't give up hope.



Sakurasama

see this:

Consulates are supposed to issue a written denial laying out in detail the factual and legal basis for the denial. See the Feb. 2004 cable I've posted elsewhere.

Was the conoff correct about each fact as written in the denial? If not - pick each incorrect fact apart. You know a lot more about the facts of your case than any Federal adjudicator, CIS or DOS.

Was the consulate's legal basis correct? Like I've said elsewhere, I have seen a conoff use the labor certification-related ground of inadmissibility as a basis for recommending the revocation of an I-130.

Even if all the facts alleged by the conoff are true - are they relevant?

Even if they are all correct and relevant, do they rise to the level necessary
to justify denying the visa application?

For that stage of the analysis, look to the February 2004 cable to learn
what standards a conoff must meet before denying a family-based immigrant visa.

Even if they are all correct, relevant and rise to the level justifying the denial of the visa? Do they rise to the next level of justifying revoking the approved petition?

(On that part, it would be a good idea to at least consult an immigration attorney who is experienced in these type cases.)

Devote a section of your brief to proving your good faith toward your beneficiary.

Devote a separate section of your brief to proving his good faith to you.

Those are good starting off points.

Continue to accumulate evidence. Day-by-day. Emails, chat logs,
phone bills. There is a delay from the time the consulate sends the
petition back to the time you're notified by the Service Center.
Build your case during that time.

I have a client who overcame a consular denial by himself,
without legal assistance. But he is a very well-prepared
client. Not everybody can do that.

But once you read the denial, you may be surprised at how
much the conoff wrote down that is irrelevant or just plain wrong.

I had a case where a chief of Immigrant Visas at a consulate
got the family name of the beneficiary wrong.

Voila! A mistake like that is heaven-sent.

Good luck.

This post has been edited by ellis-island on Dec 1 2004, 03:11 AM


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

Don't bet your whole future on what you read
on a message board or in a chat room.

This is not legal advice. No attorney-client relationship is intended.
You should not infer one.It's information of general applicablity.
Do not take any action without first consulting a qualified immigration attorney in greater detail.

John Marcus "Marc" Ellis, Attorney
American Immigration Lawyers (AILA)
membership number 10373


My Le has described a 221(g) denial. What I am about to write does not apply to 212 denials (fraud). A 221(g) denial simply means the beneficiary has failed to prove his or her case to the officer's satisfaction. The standard they are supposed to be using is the "reasonable man" or "reasonable person" standard. Would a reasonable person reviewing the evidence available be satisfied that this is a petitionable relationship? I won't go into the way DOS interprets the "reasonable man" standard, or the miniscule amount of evidence they review to reach this general conclusion. Suffice it to say this particular officer thought a reasonable person would not be satisfied a petitionable relationship exists. 221(g) denials can be overcome with additional evidence. The question is when or where do you provide the additional evidence? In a K-1 221(g) situation, a person might consider traveling to Vietnam and getting married. Returning to the States and filing an I-130/K-3. That doesn't end the problem of the consular officer's denial. You still have to make your case to the Service Center. You inform them of the previous denial and show where the consular officer was in error. Plus you provide all the additional information the consulate said you were lacking. If CIS approves your I-130 or K-3 after considering both the consulate's denial as well as your rebuttal, then your loved one will go to a new interview and the consulate is not supposed to deny an application where the reasons for denying it were considered by CIS in their approval. The problem with this approach is you may not know exactly what will be in the consular's return memo. You may not know exactly why the beneficiary's application was denied. Another problem with this approach is if the consulate's grounds for denying the application were legal rather than factual, (marriage not valid in VN, divorce not valid in the States, inter alia), you'll need legal authority to the contrary to win your rebuttal.The bottom line is - you've got to know exactly why the consulate denied your loved one's application. Once you know that, you can proceed. Until you know that, you may be shooting in the dark. But more often than not, doing it that way is a lot faster than waiting for the Service Center to get around to reviewing your K-1 denial. That can take years. What if it's not a K-1, but rather an I-130? I'm not going into that now. It's more difficult - but still doable. --------------------Don't bet your whole future on what you read on a message board or in a chat room. This is not legal advice. No attorney-client relationship is intended. You should not infer one.It's information of general applicablity. Do not take any action without first consulting a qualified immigration attorney in greater detail. John Marcus "Marc" Ellis, AttorneyAmerican Immigration Lawyers (AILA) membership number 10373


JaciNot TellingRomania2006-07-16 12:39:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????
Hi Skemper

(F) You seem better today, that's good. :dance:

edit---

the person who was interviewed before him, has nothing with her, was asked a couple of simple questions and was approved.


note gender change in the above statement :whistle:

Edited by Jaci, 16 July 2006 - 12:06 PM.

JaciNot TellingRomania2006-07-16 12:05:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????

OK, here's what happened... I'm sorry I was in a state of shock and had to leave work because I was very upset and frustrated...

The "gentleman" who interviewed him asked him numerous questions. Then stopped in the middle of the interview to chat with someone behind the glass, proceeded to laugh hysterically, then started asking him another bunch of questions. He then asked for photos, he showed him photos of my last three trips down there (20 more or less in total). He then asked to see e-mails, my fiance shoed him about 12 e-mails from the past 6 monsth (they already had 12 others form my original petition from the previous 6 months), then he asked to see phone records, my fiance showed him phone records form the past 6 months (the previous 6 months were supplied in the original petition I filed). He then showed him receipts from all of my trips (hotels, boarding passes, etc.), the showed him receipts of packages sent back and forth between us. Then said "I'm sorry, your visa is denied, there's not enough evidence". That's it, he gave him his passport and police certificate back and he left. That's it, no chance to come back, nothing, a plain out denial!!!!!! I am so shocked right now, so upset that all of this happened. We worked so hard for all of this and the decision was made by some imbecile who is probably miserable and wanted everyone else to be miserable as well.

So, what should I do? Should I try and contact my congressman???? Senator?? PLEASE HELP!! I don't know what to do!!!!!


Start with info from the embassy website
http://bogota.usemba.../wwwsc024.shtml

Denial


An application may also be temporarily suspended under Section 221(g) of the Immigration and Nationality Act. Applicants whose applications are pending under Section 221(g) are given instructions by the consular officer at the conclusion of their interview.


This section MIGHT apply to you.

We invite you to use our Visa Information Call Center for additional, general information on visa requirements. However, the Visa Information Call Center does not provide case-specific information.


I don't much like the sound of that, but here is something I would certainly try pronto:


Review of the Decision

A Supervisory Consular Officer reviews every visa refusal. There is no formal appeal process for visa denials, but if an applicant wishes to know the outcome of the supervisor’s review, s/he may do so by sending a letter with her/his complete name as it appears on her/his passport to:

Sección Consular
Embajada de Estados Unidos de América
Carrera 45 # 22-D45
Bogotá, D.C.
Colombia

or faxing it to:

Non-Immigrant Visa Unit
(571) 315-2127


You might also find the name of the consul general and call any or all numbers listed for the consulate, repeatedly asking to speak to him/her.

You may have at least a week to have an impact on what happens to your petition. Perhaps you are missing some documents that you might be able to provide.

A lawyer could possibly be helpful. A consultation would definitely help you get another much needed perspective on the situation. One who might be helpful for you, I imagine, would be one who has handled difficulties (returns or denials) in Colombia with some success, if at all possible. It need not be one near you, they can do long distance consulting. A consultation is usually free or a one time fee around $100. I recommend a 3 way call with your fiance for that.

Then there is contacting your representatives. Your congressman can be found here. You can expect your congressman might make a congressional inquiry for you at the embassy to try to get some information on the status and location of your petition. He most likely can't fix the situation for you, but he can get you some information that will help you decide how to proceed. His involvement may also help assure the speedy return of your petition, if that is in fact what will happen. While this is better than "deep sixing" (you can see the a bit about the consulates being warned not to do this here ), which is when the consulate sits on your petition and does nothing with it for quite some time, keep in mind the following;

In order to resolve a consular issue and get a visa issued the petition has to be at the consulate. After it has been returned to the service center (via NVC) the long wait begins for it's round trip, as does your preparation for rebuttal at the service center.

Hope this helps.

Jaci
JaciNot TellingRomania2006-07-15 21:42:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????
Ok... did the CO give your fiance ANTHING AT ALL? A slip of paper? Did they stamp ANYTHING in his passport?
JaciNot TellingRomania2006-07-15 20:35:00
US Embassy and Consulate DiscussionVISA DENIED OUTRIGHT???????

So he had his interview today and the guy asked him a bunch of questions, he answered them, then he asked for evidence he showed it to them, then the guy, who my fiance said was not a very nice guy, said there was not enough evidence and that his visa was denied.

Aren't they supposed to give you a chance to bring more evidence if that's the case?



Yes, but they don't have to accept it at the embassy right now. Did you get a 221g? What does it say?

I'm so confused right now. I called the Embassy and they said there was nothing we could do once it was denied.

What are your thoughts? Should I just get married down there and start the K-3 or is it worth it to start the K-1 all over again?


Before you can make an informed decision about what to do next you need to know for sure what actually happened. There is DENIAL, and there is REFUSAL to issue the visa. Either way it would be very helpful for you to know if the problem can be overcome by evidence. You would need to post more about the situation for more specific info, unless you'd just like to hear someone rant about how unfair the system is, which in some cases, it is.

(sorry.. not much for ranting tonight, I guess)

If your petition is still at the embassy and hasn't been returned you can still try and fight it. Once they return the petition they need a new approval from DHS before they can issue a visa. IF you know that some important evidence is missing you could try sending it anyway. Fax might work. Sometimes you have to keep calling and calling until you either get someone more helpful and less full of misinformation, or they get sick of you and put you through to someone who might be more helpful.

Good luck.
JaciNot TellingRomania2006-07-14 21:21:00
US Embassy and Consulate DiscussionNEED ADVISE/ EXPERIENCE!!!!!

Many of you have read my topic about my fiance being denied due to lack of evidence.

Well, in short, he went to the interview, was asked a bunch of questions, showed lots of evidence and then was DENIED, and the Consular Officer said it was due to lack of evidence but then gave him no paperwork, no chance to come back with more evidence (which from what I understand is usual when the CO believes there is not enough evidence). So, after a few days of crying and reading up on all of your advise and help. I sent a letter to the Supervisory Consular Officer (actually two letters, in the past two days) urging him to review our case and at the very least allow us to come back with more evidence. Well, out of the blue, my fiance and I were talking just now and decided to call the Consulate and ask why he wasn't given any paper when he left. They ended up giving him another interview date (according to the person at the Consulate) for August 1 at 1:00 p.m. told him to bring all of the paperwork he had originally brought, plus the more evidence (Oh, boy, they asked for it - I have thousands of e-mails and lots of pictures)...... has anyone heard of this?

yes

Could this be that the CO was SUPPOSED to give him a paper with the allowance to return at another time with more evidence?


well they are supposed to give you SOMETHING by way of an explanation for refusing to issue the visa, but they don't have to give you an opportunity to give more evidence NOW and THERE.

Has anyone heard of this or had this experience???? PLEASE TELL ME ALL!!!!!!!!! Do you think my letters might have worked and they are giving us another opportunity???? PLEASE TELL ME YOUR THOUGHTS!!!!!!


My thoughts are that I sure wish I had had that opportunity back when we were in that position, and I'm sure other applicants would second my opinion.. GO FOR IT! This is definitely a great opportunity for you.

This time, I will be there with him in that case... it is an unexpected expense but at the very least it could make or break our case. Correct? PLEASE GIVE ME YOUR THOUGHTS ON THIS!!!!!!


Yes, your appearance there might help, but it's your fiance's intent that is more likely in question. I will repost this for you.. it's what I will be keeping in mind when I return:

To prepare for interview... well...

Don't just give your SO a list of questions.. go over the questions together. Remember together how you met and fell in love. Make sure your SO knows the names of your family members and any basic details of past marriages. Even if you believe it's not relevant to your current relationship, the info IS usually considered relevant to an interviewing CO. I would recommend practicing the questions a few times with him/her.

One couple I watched go through a rather lengthy interview in Bucharest really irritated the CO because they had absolutely no evidence of relationship to show except a marriage certificate. The CO let them know they had a big problem and she didn't see how she could approve them, then began to ask typical questions in a rather sharp manner (how did you meet, how much time spent together, etc.) Frankly I was embarrased for the treatment they received at our embassy. I'd like to think people could be polite when they represent my country. Their conduct fit this post exactly and they succeeded even with a ticked off CO and not enough evidence. Had they appeared offended or upset, or behaved like there was any problem at all with how they were spoken to, or like they were panicked about being told they weren't going home with a visa BEFORE being questioned, they surely would not have succeeded.

(Yes, sometimes the CO will tell the applicant they are going to deny them, and THEN ask questions.)

THe couple responded to each question amazingly briefly and politely as if they honestly didn't hear how rude and irritated the CO was, and very calm as if they didn't realize they were a hair's breadth from denial. (they were, and I'm sure they did)

What I learned from them was to maintain that there is absolutely no problem, remain calm and pleasant, no matter what is said to you. Even in the event of denial this is a good idea, since it will make resolving consular issues a lot easier the next time around if you run into the same CO.


edit
I still recommend a consultation before you go.

Edited by Jaci, 19 July 2006 - 07:51 AM.

JaciNot TellingRomania2006-07-19 07:49:00
US Embassy and Consulate Discussionletters from friends

Hello everyone just a question i read in a few places it said its a good idea to send letter from family and friends when my fiance goes for his interview so i mentioned that to my family and the said ok what should we write . Well i don't know so thought maybe i get some examples from your experiences pleaseeeeeeeeeeeeeee


Thanks
Jess


Hi Jess

Please see THIS thread.
I would suggest you ask this question in forums more specific to your country.

-J
JaciNot TellingRomania2006-07-17 18:27:00
US Embassy and Consulate DiscussionDS-230 required for K3 visa?

Folks,

My K3 case is at the New Delhi embassy. When I emailed them about status, they said that a packet 3 has been sent to my wife's address and they will send an interview date for the K3 after she returns the DS-230 part 1. I though that the DS-230 part 1 was for the CR-1 visa. Am I wrong?

Thanks,
KP



Hi KP

DS230 is an immigrant visa application, but it seems to be a requirement for K1's and K3's as well, at least at our embassy. Perhaps this is because K visas are hybrids of a sort, temporary visas that lead to permanent residency.

We filled one out for K-1, have friends who filled it out for K-3, and expect to do it again for CR-1/IR-1.

Sounds like everything is going well for you. Good luck !

J-

Edited by Jaci, 10 August 2006 - 07:30 AM.

JaciNot TellingRomania2006-08-10 07:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAge Difference? 15-20 years??
Hi Fooki

I've had some experience (mostly bad) with this issue personally, but I have been in the Embassy in Bucharest a few times, and may have overheard some things going on there. :innocent:

I'm expecting our next interview to be somewhat difficult as well, and have given much thought to how I can get it across to these people that this IS a real relationship.

Here is one of my favorite embassy stories to help us remain calm so that we can have the presence of mind to do so...

To prepare for interview... well...

Don't just give your SO a list of questions.. go over the questions together. Remember together how you met and fell in love. Make sure your SO knows the names of your family members and any basic details of past marriages. Even if you believe it's not relevant to your current relationship, the info IS usually considered relevant to an interviewing CO. I would recommend practicing the questions a few times with him/her.

One couple I watched go through a rather lengthy interview in Bucharest really irritated the CO because they had absolutely no evidence of relationship to show except a marriage certificate. The CO let them know they had a big problem and she didn't see how she could approve them, then began to ask typical questions in a rather sharp manner (how did you meet, how much time spent together, etc.) Frankly I was embarrased for the treatment they received at our embassy. I'd like to think people could be polite when they represent my country, but it's apparently not exactly in their job description.

This couple's conduct fit this post exactly and they succeeded even with a ticked off CO and not enough evidence. Had they appeared offended or upset, or behaved like there was any problem at all with how they were spoken to, or like they were panicked about being told they weren't going home with a visa BEFORE being questioned, they surely would not have succeeded.
(Yes, sometimes the CO will tell the applicant they are going to deny them, and THEN ask questions.)

THe couple responded to each question amazingly briefly and politely as if they honestly didn't hear how rude and irritated the CO was, and very calm as if they didn't realize they were a hair's breadth from denial. (they were, and I'm sure they did) They just kept calmly insisting they were husband and wife.


What I learned from them was to maintain that there is absolutely no problem, remain calm and pleasant, no matter what is said to you. Even in the event of denial this is a good idea, since it will make resolving consular issues a lot easier the next time around if you run into the same CO.


Edited by Jaci, 09 June 2006 - 06:11 AM.

JaciNot TellingRomania2006-06-09 06:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDon`t open the envelope take the money
:dance: Yay Yabasta! :dance:

(F) many congratulations

and I'm happy to see you around anytime
JaciNot TellingRomania2006-07-16 14:53:00
K-1 Fiance(e) Visa Process & ProceduresNeed to change consulate

My I129F petition is still at CSC, but I realized I used the wrong consulate when filling out the paperwork. What's the easiest way and the best stage of the game to get this changed? I inadvertantly used a consulate that doesn't process K1s. Oops! :whistle:



Hi Ridley

The good news is that with a little luck the NVC will forward it on to the correct consulate as soon as your petition is approved and sent to them, regardless of what you wrote on the petition. You aren't changing countries altogether, are you?


I am not sure there is anything else for you to do about this right now, but perhaps someone else will have some ideas. I know that trying to send something else to your service center in the hopes it will find it's way to be attached to your initial petition isn't a very good bet.

After your get your NOA2 approval notice, you should receive a letter from the NVC, which will clearly state what embassy your petition is being sent to.

Good luck

Jaci
JaciNot TellingRomania2006-01-31 18:43:00
K-1 Fiance(e) Visa Process & ProceduresDoes embassy have full k-1 petition application?

yes definately i will send copies of all evidence, but i wonder if embassy official has already looked at all the evidence i sent initially



Dear Ryecatcher,

It has been my experience that it is extremely unsafe to assume that
your CO has seen evidence you included with your petition. Although
some of us do include it exactly for the reason of hoping to predispose
our CO's to easy interview, sometimes the CO sees nothing but some
basic general info about your approval prior to meeting you.

After my husband (then fiancee) was given a 221g denial and
our petition returned to USCIS our attorney explained that one simply
can not assume the CO ever saw the original petition or any evidence
submitted with it. As absolutely stupid as that sounds to me, it would
explain some of the comments the CO made to me personally.

That was a LONG time ago, and we're still separated.

Bringing a complete copy of the petition is great and adviseable, but if you have
letters or cards from your fiance in there you want to have the actual stuff and
not just copies in your petition.

It would have been much better if I had collected up the stuff my fiance sent
to me (Emails, letters, cards), and sent it all back to him for interview,
even though I had already submitted copies of most of it with my petition.

Sorry, I don't mean to scare you, but I'd rather scare you a little than see you
post about 221g issues later. Be safe.

Wishing you all the best,
Jaci
JaciNot TellingRomania2006-02-11 08:50:00
K-1 Fiance(e) Visa Process & ProceduresThanks for the help. A question.

Greetings everyone. Thank you for all the help in advance. I am an American. I am working in Warsaw. my fiance is from here and we are currently filling out the 129 form to bring here to the US.

My question is: can I send it to Nebraska from here or do I need to deliver it in person? Do I need a stable job in the US to qualify?

Thank you very much. Andrew.



Hi Andrew

Welcome to VJ. There is much helpful info here in the FAQ's and guides, and many people who
have personal experience with these processes.

You can send your petition to your service center from where you are, or you can likely file it
directly with the consulate. For an explanation of these options, see here:

http://www.visajourn...om&page=compare

a step by step guide to K-1 can be found here: http://www.visajourn...om&page=k1guide

If you decide on filing the petition with your service center stateside, you'll need a stateside address
also, and perhaps someone to forward your mail to you.

Most of us would prefer to file directly at the consulate if we could, since it's normally a much
less prolonged process.

for information on how to file your petition directly at the consulate see here:

http://www.visajourn...custom&page=dcf

and check out the DCF forum.


No, you don't necessarily need a stable job in the US, but when you reach the consular stage of processing (however you decide to go about that) you will have to file an I-134 affidavit to show you have a means of supporting your fiancee IN THE US. Fortunately, the requirements can be met a few ways,
through income in the US, use of assets like money in the bank and property, or another
person (co sponsor ) who DOES have income/assets in the US can help you. It seems
very daunting to most of us at first.

For more information on the I-134 try this, from the foreign embassy and consulate discussion
forum :

http://www.visajourn...p?showtopic=305



Hope this helps. Congratulations on your engagement!

Jaci
JaciNot TellingRomania2006-05-21 08:19:00
K-1 Fiance(e) Visa Process & Procedureshope this wount be a problem

Be prepared to explain why you have only met once.


Agreed. It will be very important for you to be able to answer this question, if asked.
JaciNot TellingRomania2006-05-23 06:45:00
K-1 Fiance(e) Visa Process & ProceduresDealing with Delays

we have been in the AR black hole for 9 months and 3 days. we have not been suffering illenesss or depression. the best way we cope with this mess is keep really busy. there are good days and bad days. we just keep our eyes on the day we finally reunited.



(Shonjaved)

I can always count on you to keep a brave face. (F) Glad to hear it Shon, you guys are SOOO overdue.

I miss all you guys too. We're doing ok. I hope to see more of you soon.

Jaci

edit typo

Edited by Jaci, 29 May 2006 - 08:55 PM.

JaciNot TellingRomania2006-05-29 20:54:00
K-1 Fiance(e) Visa Process & ProceduresDealing with Delays


This past week I´ve been through a depression level, I cry all the time, I can´t sleep, etc. I spend my entire day looking for info on the IMBRA law and this thing is driving me nuts.

I think I could handle waiting if I knew something was being done and that my petition was being viewed at all. It´s this lack of info and knowing nothing is happening in USCIS that´s killing me. ´Cus I know that once they restart processing, there´s still A LOT of cases ahead of me, when I were so close to being adjudicated ourselves.

I'm right there with you! In the past 3 months I have started having panic attacks, chest pain, I either want to sleep all day or I can't sleep at all, lost 2 sizes (but hey....this is OK! ;) ) Everyone tells me I need to calm down, that everything will happen in time, but I am honestly getting tired of those remarks. There are some of us that is able to handle a lot of stress, I used to be able too, but I am not. Since March the embassy in Cairo has emailed us 4 times telling us he is approved and he will have his visa shortly and 5 saying that they need to do more checks! It's like it's almost a game with them and it's putting us on an emotional roller coaster.We all just want to be with the one we love. I know that one day this has to come to an end. I've been told that we will look at this time apart and say "oh....that wasn't too long," but I can tell you now, I'll never be saying that. :whistle:



Actually, I believe you ARE being made to wait too long. So am I. Nothing will change that after the fact. My point, simply, is that while nothing will make what is wrong right, at some point, all this is certain to end.

(F)

Edited by Jaci, 29 May 2006 - 12:25 PM.

JaciNot TellingRomania2006-05-29 12:22:00
K-1 Fiance(e) Visa Process & ProceduresDealing with Delays
I know the recent snafu with IMBRA has caused delays for some of us, and also concerns for new petitioners, perhaps uncertain how to proceed. There are many of us affected by other delays as well, stuck in AR or other "black holes", where we are delayed for an indefinite period of time.

Most of us are so used to having at least a modicum of control over our lives, and as difficult to accept as it is that we will have to wait in the first place, additional unspecified delays seem intolerable. Still, many of us have faced them, or are facing them, and are determined to carry on best we can.

So, how does one go about doing that?

In my experience, it is completely natural for people to experience varying degrees of any of the following: anxiety, sorrow, loneliness, anger, frustration, helplessness, and depressed feelings. Those feelings are real, and have real causes. Having no control over one's circumstances, while still being responsible for holding it all together, is a recipe for stress and stress related illness. This is a real and unavoidable circumstance that we are all, at times, put through by our fabulous immigration system. However, we can minimize the damage to our psyches by accepting that while all this is true, and that life may in fact be unfair, there are other equally true and valid perspectives one can take on the situation, which are potentially of great benefit psychologically, physically, and for the health of the relationship at stake.

One way or another, most of us are determined that we will build a new life together with our loved one, no matter what. If it happens sooner, or happens later, somehow it WILL happen, and it will be SWEET.

We have every right to be embittered by the inefficiency (and sometimes outright errors) of the system. But at the same time, focusing on that bitterness does nothing for your heart, your health, your sanity, or your relationship. Wanting to ensure your future, you are trying to do things the proper and right way, but don't let the many pitfalls of that "right way" steal your happiness, because it doesn't have to. Staying connected with your loved one helps a lot, even if you're crying on each other's virtual shoulders. Sharing your hopes, dreams, and even fears and sadnesses can still bring you closer together, even when you're far apart, and it serves as a reminder that the reason you subjected yourself to all this in the first place is because you were lucky enough to find someone worth going through all of this for, or you certainly wouldn't be doing it.

That lump in your throat when you find out things aren't going your way,...it's temporary. (For those of you thinking... yeah but I've had it for such a long time... I understand, but bear with me) In that day, when you are finally reunited, as many have said here at VJ, you won't be focused on the pain and frustration of the waiting and uncertainty you suffered through to get there. I think it's important to keep your eye on the prize, remind yourself that "this too, shall pass". And not only will it pass, but something good will come out of it.
JaciNot TellingRomania2006-05-29 11:18:00
K-1 Fiance(e) Visa Process & Proceduressometimes congresman backfires


I think he just thinks that that technicality wouldn't have been found if his congressman hadn't gotten involved.


That's what I think too. It wasn't the congressman's involvement that got them denied, it was his inquiry on behalf of the petitioner that unearthed the fact that the divorce was not valid which led to the denial.

Confusing complicated cases need attorneys, not congressman, to help them IMHO.



It's been my experience that Congressmen can sometimes get your case moving if it's stuck, but they
have no influence on the outcome, and it's likely that the problem of the proxy divorce would have come to light.

I have heard of rumors about State Dept. and/or USCIS employees resenting having Congress down their throats, and being persnickety, but I don't necessarily believe it.
JaciNot TellingRomania2006-05-29 21:36:00
K-1 Fiance(e) Visa Process & Proceduresk-1 imterview is denied often?

do you know the cases in which the visa was rejected? is it often debying the cases or its rare?


I will assume you are talking here about cases where there is an approved petition, the alien is an admissable alien (no criminal background or health issues) but the consulate suspects the relationship is not bonafide, and refuses to issue the visa.

In some countries it happens more (or even much more) often than in others. USCIS seems to apply the same rules to all applicants, but the consulates do not. If you read threads from different places, you'll see that in some countries (Nigeria and Vietnam come to mind) applicants sometimes have a more difficult time convincing consular officers of the bonafides of their relationships, while in others (countries where no visa is needed just to visit the US) there usually are few if any questions about it at all.

There are always exceptions to the rule, but what passes for enough evidence of bonafide relationship in some parts of the world isn't enough in others. I would like to remind those who have not interviewed yet to keep this in mind.

I'm really sorry you're having trouble gugu. I know how heartbreaking it is to go through that when you really really are for real.

Hang in there.
JaciNot TellingRomania2006-05-31 19:33:00
K-1 Fiance(e) Visa Process & ProceduresDepartment of state

Please try to check again on your First K1 application.. in the Appointment Letter for Interview, they did mention that

"If you CANNOT KEEP THE APPOINTMENT, please notify the office at once"

Some way in the letter (Packet 4):
IMPORTANT NOTICE:
Section 203)e) of the Immigration and Nationality Act requires that an intending immigrant [pursue his or her visa application within one year from the date he or she is informed that it is possible to do so. This is our notice to you that it is now possible for you to pursue your application for a visa. If you fail to do so within ONE year from the date of the attached letter, your application and any visa petition approved for you will be cancelled.


Would it be posible that your first K1 application is still valid in the system.. and all you need to do is just schedule for a new interview appoitment with the Embbasy.. just refer to your first K1 case #?

It might be an option to just try that out... check with the local embassy... hope this help...



203e ... wow.. where did you get that? How resourceful and scary all at the same time. (...any visa petition approved for you will be cancelled)

I don't think the first petition can be of any use now since it's expired AND returned, but perhaps the second one can, if it hasn't really been cancelled. The embassy can't do anything unless they have an approved petition on hand. I think it's a good point you raise about the K1 case number, there should be 2 now, right?

I hope for the attorney's sake the second one WAS actually filed or there will be some really ticked off clients. If I was one of them I'd want to see some evidence to show that it really was. Hard to say if there might be more to the situation (interviews?)

Edited by Jaci, 01 June 2006 - 12:05 AM.

JaciNot TellingRomania2006-06-01 00:03:00
K-1 Fiance(e) Visa Process & ProceduresDepartment of state

hi all
me again...
well, we got some answers, not good though. :(
as you guys know our K1 was rejected. we now got an explanation from the service centre california (after writing them an email)
quote:----
The petition was approved March 11, 2005 and was referred to the National Visa Center (NVC) for processing. They referred it to the Consulate for interview. The petition was referred back to California Service Center by the Dept. of State when they did not issue a Visa. The purpose of the referral back to USCIS is to close our records. The petition has been processed by USCIS.
----
i figure we go rejected due to the fact that we had to cancel the first K1visa last year.
can this be the only reason ? ok, i guess it can be. :unsure:


Hi Cerce

Look at the information you have there. This is talking about your first petition, approved in March 2005.
I think this is the first clue to what is going on here.

has anyone ever contacted the dept of state. has anyone gotten rejected before as well and applied again?
what experience did you make? what reasons where given?


Yes, I have. We discussed issues that shed no light on your situation, except to say this... The Consular officers can be a confused and sometimes quite unfriendly bunch. I believe it's possible they have no idea that you filed a new petition, and if you told them, maybe they don't believe you, or don't care. They are under no more obligation to gaurantee the information they give you is accurate than the misinformation line, and may not have more accurate info themselves, IMHO. If your congressperson started a congressional inquiry to the State Department and they don't have your 2nd brand new shiny approved petition, they will tell you your last petition expired, no visa was issued, and the petition was returned, because that's what they do with them. That doesn't necessarily mean there is a problem with your new one, just that your old one has expired.


we do wanna apply again, we re not giving up. question is, is it gonna work this time?

and!!!!!!!! the immigration lawyer takes 600 bucks for his services (sending the application out etc.)
does it make sense to take a lawyer? what can he do that we cant?

thank you guys for listening to all this and for any information (L)



Well, you did file again already, right? So... it's not completely unheard of for people never to get an NOA1,
even though the petition is being processed. Can you confirm that payment was accepted by USCIS? Can the attorney? Also, since you did use a lawyer, it's possible that HE/SHE received the NOA1 and didn't tell you about it, or even lost it. Maybe the Lawyer got it and didn't think you'd know what it was or give a hoot about it. Now is definitely the time to ask him or her, I think.

Another thing I notice is that it's possible your 2nd petition is now under some sort of administrative hold, just like many many people's K-1 petitions which are now clogged up behind the new IMBRA law, which no one (DOS,USCIS, or attorneys) seems to know how to handle yet. According to USCIS they will make a new form and mail it to everyone to complete, probably with some supporting documents. Hopefully very soon. I don't think anyone with trouble from IMBRA holdups has been given any kind of time frame, since the USCIS itself doesn't have one, but we're all hoping it will be cleared up soon, much sooner than a new, 3rd petition from you would be approved.

Take a deep breath, all is not lost, and you may not need to file another petition after all. Do talk to your atty about all this, as I am certainly not one, and could be completely or partially wrong, and you paid and should be helped professionally concerning your second petition, since that is presumably the attorney's job.

Wishing you well,

Jaci

Edited by Jaci, 31 May 2006 - 11:26 PM.

JaciNot TellingRomania2006-05-31 23:23:00
K-1 Fiance(e) Visa Process & ProceduresTwo-Hole punchiness Redux

Almost 'there' !

I now have my very own two-hole punch and a box full of 'acco-fasteners'-----

I notice that some of the forms I recieved from the USCIS have the holes on the 'bottom' of the page--so that the page will be 'upside down'----

Does it matter if some pages are oriented one way and some the other?

Some of my pages have more room for the holes at one end or the other but it bugs me to think of them being some one way and some the other---am I missing something here?



John in SC



WELL.. if you really want to be fancy you can buy a paper punch and make your own holes in the TOP of the forms, so they will all be rightside up, and THEN use your ACCO fasteners. :)
JaciNot TellingRomania2006-05-31 23:39:00
K-1 Fiance(e) Visa Process & ProceduresConfused on which Visa Option! K1 - K3 – DCF
Hi Randy

Welcome to VJ

I suggest you post in the DCF section, and have a look around there as well.

How To Learn If You Can Do Direct Consular Filing for a Spouse

1. Find the website for your Consulate here: http://usembassy.state.gov/ and browse their information for Immigrant Visas. In particular, look for what they have to say about filing the petition. You want information about filing it with the Consulate, not in the US.
Often, the language on the websites is vague. Keep in mind that “resident” may mean something different than what you expect and may at its least simply mean, “physically present”. No matter the case, if you are going to file directly, you must be physically in the country to do so.

1b. Your country may have a USCIS Field Office that accepts petitions directly. Find that information here: http://uscis.gov/gra...es/worldmap.htm .It may be that the Consulate will not take the I-130 because it goes to USCIS. The end result of a successful petition is the same: when approved, the immigrant spouse may start the Immigrant Visa application.

2. Confirm directly with the Consulate in question that they will offer this service to you.
If you are not a resident of the foreign country, this is a courtesy, a favor, a little something extra from them to you, the USC. The Consulates are not required to do it and their policies and rules change from time to time, often when a new Consul General is appointed in a country.

Always double check the Consulate’s current policy before making your plans!

By now you’ll know if you are filing your petition with the Consulate or the DHS/USCIS office abroad. The end result will make no difference to an approved petition but make sure you are sending your paperwork to the correct place. When you contact the Immigrant Visa Unit at your Consulate for instructions, they can confirm where you should submit your petition.

This process is done differently in every country in the world. There is no one way to explain it here that will cover everyone’s case, so be prepared to do your research.

When you find the contact info for the office you are using, and you want to check whether or not they will take you case, speak to the right department, usually known as the Immigrant Visa Unit and be very specific and precise with your question. An appropriate question might be:

“Will you allow me, a US Citizen not resident in your country, to file a petition I-130 for my husband/wife who is a citizen/resident of your country?”

If you have previously been a resident of that country or have a birth-family connection to that country, it is worth including this information, as it may influence the outcome. Do not use abbreviations or slang terminology when speaking with the Consular officials, be very plain and explanatory, yet to the point. Be sure that they understand what you are asking, and be sure that you understand their answer completely. “DCF/Direct Consular Filing” is a slang term. It is not recommended to say “DCF”, but to stick to an accurate description of what you want: to file the I-130 for your spouse at their office, even if you do not live in their country.
If the foreign spouse is a resident, but not citizen of the target filing country, be sure to ask the Immigrant Visa Unit if that will be an issue at all. In my case it was not, but note that the USC and the foreign spouse should be legally present/resident in the 3rd country.

If you are not yet married you can contact the Consulate prior to marriage to see if they have instructions in writing they can mail to you or to get more information about this process before you marry. It may be that they have a packet of information that they can mail to you now, before the marriage. In Australia, for instance, the Australian fiancé can call the Consulate and request this packet prior to the marriage and go ahead and have the medical exam and get the police record, and complete all of the forms. The USC fiancé can arrive in Australia, marry and file the petition and the visa application at the Consulate at Sydney in one visit.

Timelines around the world vary: my own family’s visa process was 33 days from I-130 to visa in hand, busier Consulates may take 3 or so months and some countries with higher fraud or security issues may take longer. No matter which way you slice it, it is still faster than filing the I-130 at a US Service Center and going through the lengthy NVC process.

Please note: DCF is faster than processing through a US Service Center, but it is not instantaneous. The immigrating spouse is still required to make a complete Immigrant Visa application, including the appropriate marriage/divorce documents, police certificates, military records and a medical. Instructions for these documents are disbursed to the foreign visa applicant in the form of a checklist. The sooner you collect these documents, the faster you can submit your application.

User Stories
It is well worth checking the experiences posted at http://www.kamya.com/interview and at the VisaJourney DCF Forum for tips related to your specific Consulate (don’t forget to search the VJ archives for stories before 2006). There are various lists around (one maintained by an attorney) that tell countries that will and will not do DCF for non-resident USCs. Please note that this list changes frequently and is not always correct even when up to date. It is, however, a starting point. Policies for some Consulates are well known—others less so. I encourage everyone to make their own call and find out for themselves if their Consulate is a ‘yes’ or ‘no go’ for non-resident DCF.

Countries where one should definitely consider non-resident DCF include Australia, Barbados, Cyprus, France, Greece, Japan, Malaysia, Netherlands, New Zealand, Norway, Sweden, Taiwan. These are all countries that are currently liberal to very liberal with their residency requirements for USCs.

Experience postings help everyone; check visajourney for others’ experiences, and post your own to benefit future filers. Thanks to everyone who is keeping this information up to date!



edited to add:
see http://www.visajourn...custom&page=dcf

Edited by Jaci, 31 May 2006 - 11:50 PM.

JaciNot TellingRomania2006-05-31 23:48:00
K-1 Fiance(e) Visa Process & ProceduresAm I eligible?

Hi all,

I am a UK citizen currently living in the states under a one year visitors visa, which expires this september. I live with my partner who is a US citizen, and wish to stay here. Am I eligible for a K-1 visa even though I am already in the country?




Very likely yes :star: Your fiance can apply for you while you are still here as long as you are both free to marry, among other things. You'll need an address in the UK to receive your documents.

I assume I would still have to return to the UK in sept until this came through though???


Yes, it's very important not to overstay your visa. You would need to appear at the interview at the US embassy in the UK.

We dont think we want to apply for a K-3 yet, as we want to give ourselves a bit more time. So the K-1 seems like a good option if its possible to get it.

Eek this whole damn process is scary and confusing! :help:

Thank you! :D


The K-1 will give you 90 days to marry after you re-enter the US. Be sure you have complied with the terms of your visitor's visa before you leave, to ensure that you will have no bans on re-entry. Good luck and welcome to VJ.
JaciNot TellingRomania2006-06-02 21:23:00
K-1 Fiance(e) Visa Process & ProceduresGOING OVERBOARD ON THE EVIDENCE

Hey guys,

I think I may be submitting way too much as proof that we have met within the past two years/proof on having an ongoing relationship.

The info. I have gathered to prove this is 20 pages of pictures (some pages have 2 or 3 pics of us, they were taken directly from my photo album), 19 e-mails (some 2 pages long), 4 pages of the boarding passes (I scanned onto paper each trip I made to go visit my fiance in Mexico), 5 letters I received in the mail from him (one of which is 4 pages long: I think I should eliminate this one), and 2 pages of copies of calling cards I have used to call him (each page has 4 different calling cards).

After reading some of the stuff on this site, I think I may have gone a bit overboard, but I really don't want to be denied or receive a RFE. We have been together since 2001, and I really need to be with him in the US, I just can't run the risk of having him denied the visa, but I think I may have gone a bit overboard.

What do you guys think? How much evidence did you guys submit?



As long as you prove that you have met ONCE in the last 2 years you will not receive an RFE concerning the meeting in person requirement. Providing evidence of the relationship is not required at this stage, but some attorneys like to do it so that the CO who will interview the applicant will have already seen a bit of (hopefully) very convincing evidence that a real relationship does exist.

Many people sent only evidence of one meeting (passport stamps, pic of the couple, boarding passes) and had no problem getting their petition approved. Many people here might tell you to save all the relationship stuff for the interview, where it may actually be required.

I would say I think it's fine to send in evidence of your relationship, but if you do so make sure it's really strong, especially if you're foreign sweetie isn't in a visa waiver country.
JaciNot TellingRomania2006-06-04 22:41:00