ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionVisa Denied
What were the questions asked?
What were the answers given?
Are there any red flags in your case? Prior marriages, short online courtship? Large age difference?
Seems like something didn't add up with the documentation provided and the answers given.
What does the denial slip say?
How to proceed will depend on your service center.

Edited by sachinky, 06 April 2010 - 11:19 AM.

sachinkyFemaleIndia2010-04-06 11:18:00
US Embassy and Consulate DiscussionMumbai Consulate and AP
Agree with Parul. 129fs do expire, but since it's in AP at the consulate level, it is already considered to be extended. However, do send a letter in just to be on the safe side.

How'd the interview go? What questions were asked? What were the responses given?
sachinkyFemaleIndia2010-04-17 11:06:00
US Embassy and Consulate DiscussionMumbai Consulate and AP
I-130 petitions DON'T expire, btw.

Goodluck! Hope your AP ends soon! :thumbs:
sachinkyFemaleIndia2010-04-17 10:03:00
US Embassy and Consulate DiscussionMumbai Consulate and AP
And they've given you the generic answer?

I'm afraid there's nothing you can do apart from wait.

Maybe the USC can get their Senator/Congressman involved?

What were your missing documents btw?
sachinkyFemaleIndia2010-04-13 10:51:00
US Embassy and Consulate DiscussionMumbai Consulate and AP
Have you called/emailed the Consulate?

Have you called the DOS?
sachinkyFemaleIndia2010-04-13 10:46:00
US Embassy and Consulate Discussionrescheduling interview date
So what happened?
sachinkyFemaleIndia2010-04-19 04:05:00
US Embassy and Consulate Discussion221g, When do we get visa now?
I think you at least need to wait 10 days before you start worrying.
sachinkyFemaleIndia2010-03-29 07:08:00
US Embassy and Consulate DiscussionMajor Disaster!
So, what did you decide to do?
sachinkyFemaleIndia2010-04-21 16:36:00
US Embassy and Consulate DiscussionApproved - one problem
It is a common thing for the joint sponsor in the I864. Says right so in the instructions.

Not sure about the I-134.

Congrats on the interview though! :thumbs:
sachinkyFemaleIndia2010-04-14 08:42:00
US Embassy and Consulate Discussioninterview is on tuesday
All the best! Let us know the good news as soon as you hear! :thumbs:
sachinkyFemaleIndia2010-04-25 04:29:00
US Embassy and Consulate DiscussionTax filing Extension form
I think what you have, Vivek, should be more than sufficient.
sachinkyFemaleIndia2010-04-30 13:31:00
US Embassy and Consulate DiscussionTax filing Extension form
To be on the safe side, have him scan his W2 and email it to you. Will take 10 minutes tops.

Good luck, lady! :thumbs:
sachinkyFemaleIndia2010-04-29 01:36:00
US Embassy and Consulate DiscussionAPPROVED In Ghana
Many congratulations! :thumbs:
sachinkyFemaleIndia2010-05-04 22:51:00
US Embassy and Consulate DiscussionJoint-Sponsor Question
$18,212 for 2 person household.
sachinkyFemaleIndia2010-05-08 07:02:00
US Embassy and Consulate Discussionhelp w2s pay stub
You can also order tax transcripts from the IRS for no cost!
sachinkyFemaleIndia2010-05-14 02:01:00
US Embassy and Consulate Discussionwhat papers joint sponsor need ?
Joint sponsor must also provide proof of citizenship/LPR status.
sachinkyFemaleIndia2010-05-15 00:06:00
US Embassy and Consulate DiscussionInformation Mismatch between G325A and DS-230
I had silly date mistakes on the G325A as well but it never came up. I corrected it on the DS230 and carried an updated G325A to the interview as well.
sachinkyFemaleIndia2010-05-16 22:25:00
US Embassy and Consulate Discussionvisa delivered--passport inside the envelop but it said "warning do not open"!
The passport is INSIDE the yellow envelope? Or just inside the regular mailing envelope?

Mine came in a gray envelope. I opened it. Got my passport out. The hefty yellow POE envelope that was also inside the gray plastic, has a giant sticker on it, warning applicants not to open that envelope or it could cause significant delay in travel.
sachinkyFemaleIndia2010-05-17 23:26:00
US Embassy and Consulate DiscussionIMMIGRANT VISA INTERVIEW IN GHANA
Ghana is severely backlogged so it'll be awhile, unfortunately.
sachinkyFemaleIndia2010-05-30 10:44:00
US Embassy and Consulate DiscussionCR-1 Interview in Bangkok, Thailand

Advice for Others:

Know your red flags. Pull out your Hater Vision goggles! Think of all the negative things in your life. You may not consider them to be negatives ? I don't view my previous relationship as a negative ? but others may. An answer of "I don't see anything that could be a problem" is always a wrong answer.

Know your partner. Make sure your partner knows you. If you have a past, be sure your partner knows just as much about it as you do. No secrets. No lies. No being stingy on the details.


I fully second this. Most people seem to be too blinded regarding their relationship. 'We love each other' *cutsey hug* is NOT good enough. Not for relatively high-fraud consulates. And then they wonder why things didn't go their way.

Once again, many congratulations, Kari. And thanks for a great, informative and detailed review! Wishing you all the best and a happy wedded life together! :)

Edited by sachinky, 11 June 2010 - 10:48 AM.

sachinkyFemaleIndia2010-06-11 10:46:00
US Embassy and Consulate DiscussionEmbassy requesting more pictures after K1 interview
I agree. They are not looking for 'risque' pictures but more natural, relaxed pictures (restaurant, bar, amusement park, cooking dinner, etc) than posing with friends or in front of landmarks.

Edited by sachinky, 09 June 2010 - 04:37 PM.

sachinkyFemaleIndia2010-06-09 16:37:00
US Embassy and Consulate DiscussionEmbassy requesting more pictures after K1 interview
For Haiti, 4 pictures is probably insufficient, to be honest.

I believe pictures are often very important and do convey a sense of the relationship as they are one of "the most often asked for" pieces of evidence.

I took around 300 for my interview and although nothing was asked for, I'm glad I had them. They were organized according to importance (him with my parents, me with his mom, with our college friends, some cute kissing pictures, some in front of tourist attraction spots, graduation day in college, us with our friends). I had a separate album for our wedding.

I hope you hear back something soon! Good luck and keep us posted. :thumbs:
sachinkyFemaleIndia2010-06-09 13:51:00
US Embassy and Consulate Discussionallowed in interview process or not
Which part of India is the beneficiary from?

If east/west India--then it's Bombay.
If a resident of north India -- then he/she will interview at Delhi.
If a resident of south India -- then you're up in Madras.

For Mumbai, no, the USC petitioner is not allowed inside the consulate during the interview. You can always go and provide some 'moral support.'
sachinkyFemaleIndia2010-06-17 22:35:00
US Embassy and Consulate DiscussionRFE at interview.
I fully agree with Jim. I met my husband in college and we've been together for two and a half years but I haven't seen him for the last nine months. I went with an entire friggin' suitcase of evidence. Literally everything I could think of AND the kitchen sink. The same question was asked to me.

--How long have you been married?
--9 months. Will be 9 months this 17th.

--Has he visited you since then?
--"No, unfortunately, he's not been able to." She turned to look at me -- the only time she did so, the rest of the time she was busy typing on her computer.

--Why not?
--"I guess we were naive and thought we would be done in 3-4 months so we didn't really make any plans to meet up -- we didn't think the process would take so long as long as it did, and besides with both of his jobs being recent, it was hard to get time off." She nodded, and said, "yes, I understand that."

You're going to have to go overboard now and send in everything you can.

My review can be found here: http://www.visajourn...terview-review/
sachinkyFemaleIndia2010-05-18 22:50:00
US Embassy and Consulate DiscussionWhat if joint sponsor doesn't earn enough?
Hi.

I thought I'd post my response to your comment on my profile.

If you have no one else to turn to, then you have no option but to submit your aunt's sponsorship documents and hope that it's enough.
You have a comprehensive list from the looks of it, so hopefully, your bases are covered.
I'd add the 2008, 2007 taxes if they show a strong history of steady income.
If you can get a letter from your aunt's cousin stating that she's moved out and may be provide a copy of her employment letter to show that she is now self-sufficient. I'm just brain storming and seeing if there's anything you can do to bolster your position.
If you can have your aunt locate the paystubs, that'd be helpful as well.
Good luck!
sachinkyFemaleIndia2010-06-29 17:59:00
US Embassy and Consulate DiscussionWhat if joint sponsor doesn't earn enough?
While 'difference made up in assets' is theoretically allowed, most consulates want to see a joint sponsor who qualifies comfortably on 'income' or 'assets' alone.

Given that your fiance is disabled / receiving disability payment, the consulate will want to see a stable, qualified joint sponsor. Not someone who is barely scraping by themselves.

Remember, the I864 instructions are merely guidelines. The CO has a lot of latitude in evaluating the I-864 at the time of the interview. They view the 'totality of circumstances.'

I know this is not what you want to hear. But you need to find someone more qualified.
sachinkyFemaleIndia2010-06-18 09:32:00
US Embassy and Consulate DiscussionWhat if joint sponsor doesn't earn enough?
Find a joint sponsor who does earn enough.
sachinkyFemaleIndia2010-06-17 22:19:00
US Embassy and Consulate Discussioncan a Church/Org. file the affidavit of support?
No, it has to be a person. A business organization cannot file the I-864.
sachinkyFemaleIndia2010-07-02 18:42:00
US Embassy and Consulate DiscussionMy foreign fiance overstayed in the US
His ban has already been served. You do not require a waiver.
sachinkyFemaleIndia2010-07-16 15:26:00
US Embassy and Consulate DiscussionMy foreign fiance overstayed in the US
He's served the 10 year ban that would apply in such a case of a seven-year overstay. He should, however, be prepared to face some tough questions about it.

Edited by sachinky, 16 July 2010 - 03:02 PM.

sachinkyFemaleIndia2010-07-16 15:01:00
US Embassy and Consulate DiscussionMumbai Interview (Submitting Docs.)
For BMB, you can pick it up at VFS that day itself -- I think they're open 4-5pm. However, if the Consulate is backed up -- and they were when I had my interview -- the visa might take another day to be printed. So it might be the next day. I flew back to Calcutta that same night because I didn't want to wait around in some shite hotel to collect the passport. It was couriered by Blue Dart the next day.

Interview--05/12
Visa printed--05/13
PP in hand--05/14

I submitted my medical to VFS. No matter what you submit to VFS, carry extra forms to the consulate on the day of the interview. Including copies of the DS230 and I-864.

Edited by sachinky, 20 October 2010 - 10:54 PM.

sachinkyFemaleIndia2010-10-20 22:53:00
US Embassy and Consulate DiscussionRelying on investments for I-134 - is this sufficient?
For two people, you'd need around $55k in assets.
sachinkyFemaleIndia2010-12-21 17:30:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
Wish you both all the very best.
sachinkyFemaleIndia2011-03-23 22:20:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
For some reason, this seems to be a big deal in certain countries like India and Vietnam. I know a few petitioners who had to face adverse situations because they had met the beneficiary while still married to their spouses. May be some of them will chime in and offer their experience/perspective. Some of them were placed in AP post-interview but I can't remember anyone being denied off the top of my head. I don't know if it's being judged from a 'moral' standpoint but rather I think the CO's perspective is that how could you have a bona-fide relationship with your now fiancee if you were also in a relationship with your wife at that time.

Also, filing your petition the day after your divorce is final is a huge red flag. To anyone else in a similar situation, you really should wait at least four-six months before you file.

Just my two cents.

Edited by sachinky, 19 March 2011 - 03:58 PM.

sachinkyFemaleIndia2011-03-19 15:56:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
Here. You might find these links helpful.

http://www.visajourn...93#entry3765493

http://www.visajourn...nd-back-to-nvc/

Keep us updated, ya?

Pertinent portion from Marc's post.

Concerning the labor-certification rationale for a family visa refusal, a consular officer in Guangzhou wrote:


Quote

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.


So DOS uses 212(a)(5)(A) as a ground to refuse a family or K1 visa. It doesn't seem logical. But make a note
of it and save it for future reference. In my experience, these are not fatal. They are somewhat analogous to 221(g)
refusals and they can eventually be overcome.
sachinkyFemaleIndia2011-03-19 13:36:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
So it definitely sounds like they thought you were married, especially if they tried to trip her up by referring to her as your husband. VERY common tactic.

Yes, Bollywood style engagements have been known to be a problem at NWD, mostly because the CO infers that it was a wedding ceremony as opposed to an engagement, especially if rings are involved.

You're both Indian, yes? In that case, pictures from trips to Thailand could be potentially problematic. Based on cultural norms, it is assumed that unmarried Indian women would never go on vacations alone with another man. Please don't think I'm judging you or anything -- in fact my husband and I lived together before marriage for several months but that was different because he's an American and somehow, the same cultural rules don't seem to apply.

You can search for the labor certification denial here on VJ--I know it's come up a few times. From my understanding, sometimes they tend to deny it under this category because nothing else really fits it. I could be wrong--I will try and look it up for you.

Try to bolster your evidence that you are NOT married. Maybe get sworn statement from unrelated guests who can attest that they witnessed an engagement and NOT a wedding.

Good luck to you both!

P.S: DOS is Department of State.
sachinkyFemaleIndia2011-03-19 13:22:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
Did you have an elaborate engagement ceremony? I have heard of a few Indian beneficiaries who have been denied because their engagement pictures looked more like wedding pictures.

Anything else that might have led the IO to believe that you were married as opposed to engaged? Did she slip up and refer to you as her husband at any point? Or something in the pictures/affidavits?

I'm just trying to brainstorm on your behalf.

Have you called DOS? They have notes from the interview entered into the system.
sachinkyFemaleIndia2011-03-19 10:16:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
At this point, there's not much you can do apart from wait and get a lawyer. Also get in touch with your Congressman/Senator who might be able to find out the precise reason you were denied from the Embassy. This is very important, because going forward (even with a CR-1) you're going to have to overcome that reason. You will need to prepare a rebuttal to the NOID/NOIR that USCIS is likely to send you (if the petition doesn't expire).

You might look up Mark Ellis as recommended -- I remember reading something about this labor certification denial that you mentioned.

Paging Jim! :)
sachinkyFemaleIndia2011-03-19 10:13:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
Other red flags? Different race/religion? Difference in ages, education/income levels? Are you both Indians? How did you meet? Online? Arranged? Parent's involvement?

Filing a day after the divorce is a huge red flag in NWD. Prior marriges usually are. But I have never heard of an outright denial. Usually, it's a long AP followed by an approval. Something else is in play here.

What questions were asked? Did she trip up somewhere?
sachinkyFemaleIndia2011-03-19 10:06:00
US Embassy and Consulate DiscussionK1 Visa refused under section 212 (a)(5)(a) for invalid petition
Red flags?

Was this the NWD Embassy?
sachinkyFemaleIndia2011-03-18 20:31:00