ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1: How might a previous tourist visa revocation affect things now?
Ok, thank you. Now with the issue of the waiver, is this how our sequence of events will look like:

1. Send in the I-129F now.
2. Prepare our case for the wavier before her interview.
3. At the interview, she will present the waiver and relevant details.

Sound right?

Thanks again for the help!
EbMex2VaMaleMexico2011-03-24 13:27:00
K-1 Fiance(e) Visa Process & ProceduresK1: How might a previous tourist visa revocation affect things now?
She is going to scan the full 2-page document so I can get a better look. Here is what she transcribed for me:

"You are ineligible for admission to the unites states because you, by fraud or by willfully misrepresenting a material fact, seek to procure (or have sought to procure or have procured) a visa, other documentation or admission into the united states or other provided under inmigration and nationality act"

It sounds like Provision #275 under Chapter 8 of the IN Act.

SEC. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

I have looked into the I-601 Waiver. Since it needs to be processed at the U.S. Embassy or Consulate that will be handling her visa, would it be wise to front-load the waiver in it's own folder within the I-129F package?
EbMex2VaMaleMexico2011-03-24 08:10:00
K-1 Fiance(e) Visa Process & ProceduresK1: How might a previous tourist visa revocation affect things now?
She ended up "confessing" to the accusations to end the ordeal. Her tourist visa was revoked. As I understand it, to reapply she would need to wait 5 years. She would also need to make a written apology to the country in order to be considered for a future tourist visa. Not sure if this would apply to the K1.
EbMex2VaMaleMexico2011-03-23 21:02:00
K-1 Fiance(e) Visa Process & ProceduresK1: How might a previous tourist visa revocation affect things now?
Thank you very much for the very prompt replies! Yes that answered my question whether there was a steadfast rule against previous revocations. I have another question, but first I’ll need to get into a fair amount of detail to give you guys something to work with. I’ll try to summarize as much as possible.

How we met:
My fiancée Zayra and I met in December of 2008. This was during my first trip to central Mexico with my father and his wife Maria (not my mother). We were going Maria's hometown to visit her family. When we arrived, everyone came out to greet us, and in this unforgettable moment was when I met Zayra and her son Javier (at the time he was just a little thing at 1 year old). I took a strong liking to them both immediately. After asking Maria several questions about Zayra, I came to find out that Zayra one of is Maria’s nieces, and that she was single!

Zayra and I spent a lot of that time together throughout that week-long visit. I helped her watch little Javier during the days. Although my Spanish was somewhat limited at the time, we found ways around missing words in our sentences. She thought it was very amusing the way I stammered through my sentences in Spanish, and to be honest I couldn't help but laugh as well. Any time we got really stuck Maria was there to translate.

On our last day I mentioned to Zayra that she should obtain a tourist visa to return the favor and come visit me and her aunt for a while when she gets a chance. She smiled and told me that she would try to do that. We kept in close contact after that via texting and translated calls with the help of Maria and several of my friends, and we went on to develop a strong relationship.

The previous visa:
Fast-forwarding about 10 months, Zayra eventually did get that tourist visa. She was approved in November 2009. She was employed at a local pharmacy at the time, and had been employed there since 2005. During 2009 she saved 15 days of vacation at the pharmacy to visit me and her aunt here in VA, and would return home in time to return to work. In December 2009 she took the bus north to Matamoros for her entrance interview. We wanted the trip to happen as soon as possible, which was less than a month after she obtained the visa.

At her interview, everything was running smoothly until the interviewing agent called the pharmacy to confirm her employment. The pharmacy manager told the officer that Zayra "did not work there". This was an outright lie, and has really made things difficult for us since.

I’d prefer not to go into much detail as to the reasons the manager did this, but she had been having problems with this man for years. To sum it up in a few words: he was interested in her and didn't know what no meant. He had openly pursued her for several years at work to no avail, to the point of harassment and beyond that. There is more to this story regarding his actions; however I prefer not to go into those details.

The interview itself only lasted a few minutes, but immediately following the interview her possessions were stripped from her and she was moved to a different room in the consulate where she was locked inside for 6-7 hours awaiting interrogation. After finally being interrogated, accused of fraud, and being threatened with serious prison time, she “admitted” to the accusations to end the ordeal. This “admission” was in writing. Despite my urging, I could not convince her to appeal afterward. She is deeply bothered by the fact that she will need to interview again.


Why? There is nothing asking for that in the I-129F forms.

You would most likely encounter this when filling out the forms for the embassy interview, and will be given the chance to discuss things there.

My thinking has been to mention the previous visa situation right up front, so there is no confusion about us trying to hide something. Also, I feel that by me acknowledging these things up front, it will show that an upstanding US Citizen with a 100% clean record is vouching for her. I think it will also help to show that she is not making this up at the interview. Not sure how much all this will weigh in, but I think it has to count at least a little. With that being said, I’ve never done this before so these are really just our gut feelings. I may be having the wrong idea about this though. What would you do in this situation?

I gave approximately this same amount of information in my I-129F package as what I’ve written above. We originally thought that it would be best to save the details for her to explain these things in person when it comes up. However, I have read several mentions here on VJ that the consulate can disregard new information brought or submitted in person at the interview... whereas on the other hand, a solid front-loaded case regarding this situation might be harder to dismiss.

With all that being said, my question is this: Given the situation, would it be better to front-load details so that our case regarding the previous visa is on record from the beginning, or wait for her to explain this to the interviewing officer at the consulate and hope they listen?
EbMex2VaMaleMexico2011-03-23 19:55:00
K-1 Fiance(e) Visa Process & ProceduresK1: How might a previous tourist visa revocation affect things now?
Hello and good morning all!
My name is Travis. I’ve been on VJ for quite some time reading and learning (what an outstanding resource!), and this is my very first post. My fiancée and I have been together for 2 years and two months, we have been engaged since last April (2010) and we are now at the point of filing for the K1 visa. With the help of all the documentation and advice here on VJ, I have finally (99.9%) completed the compiling of our package!

I'm a little concerned with one fact of our relationship in particular that I feel an adjudicator or interviewing official might have a tough time with. She is from Mexico and as I understand we'll be going through the CD Juarez consulate.

My question is: Will a previous revocation of a tourist visa cause our K-1 to be a dead end? I am including a very brief explanation in the I-129F package, and our plan is for her to explain the situation fully if it is brought up in the interview. Will she have the opportunity to fully explain the previous situation?

The reason on record for the revocation is that "she lied about her employment status". This wasn't true.

A few other facts of our relationship:

- We attempted to marry in Mexico in the summer of 2010 (on two separate trips), but both times I just couldn't stay away from my business responsibilities at home for the full 5-35 waiting days + 7-14 days to book the meeting with the judge. I plan to submit all of the documentation gathered from that process as additional evidence for the K1. Ring receipts, signed forms, permit from Mexican immigration to marry, it's all in there.

- She has a son, 3 years old. Biological father has never been there and is not named on the birth certificate.

Any advice is thoroughly appreciated!
EbMex2VaMaleMexico2011-03-23 09:44:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJourney Over!!!! :.(
What a rough way to end it :(

It probably doesn't help to hear the old cliche that it's better this way (obviously he wouldn't have made a great husband if this is the way he treats you on your birthday!), but I guess I'll say it: It's better this way! Anyway, I know it still hurts. Good luck!
pietrocrazyFemaleAlgeria2012-06-25 11:31:00
Middle East and North AfricaForum for Algeria
I am interested! I registered with the same username I have here.
pietrocrazyFemaleAlgeria2011-12-19 22:02:00
K-1 Fiance(e) Visa Process & ProceduresSome I-134 questions
I know there are 52 weeks in a year ;). I just don't get paid for time off, including holidays, so I rounded down to 50 weeks. Better safe than sorry.
pietrocrazyFemaleAlgeria2012-06-25 11:28:00
K-1 Fiance(e) Visa Process & ProceduresSome I-134 questions
I am working on filling out the I-134 form for my fiance, who lives in Algeria and should be having his interview late this summer or early fall. I didn't work for most of last year until I finally got a job in November, so my 2011 tax return doesn't reflect my current income.

1. My job is part time (24 hours a week paid hourly) but I do earn over the 125% of the poverty line limit (barely, by only a little over two thousand dollars). Is the fact that my job is only part time going to be a problem? Is it a problem that my income is only barely above the minimum?

2. When I fill out the form and it asks for my annual income, should I just put in what I will earn for the year assuming my income doesn't change? (i.e. annual income = 24 hours per week x hourly rate x 50 weeks per year)

3. What should I include to make up for the fact that my 2011 tax return doesn't reflect my current income? I'm planning on including pay stubs, a letter on company letterhead from my boss about my employment, and my bank account information (I have around $30,000 in savings). Is there anything else I'm forgetting?

Thanks for any help you can give me!
pietrocrazyFemaleAlgeria2012-06-25 10:46:00
Middle East and North AfricaCR-1 , AP for over 6 months
QUOTE (Nutty @ Nov 5 2008, 04:46 PM) <{POST_SNAPBACK}>
QUOTE (kholliday333 @ Nov 4 2008, 08:23 PM) <{POST_SNAPBACK}>
My husband has been in Morocco since the first of May, 2008. This is my first time on this forum, so if anyone has any tips for me, or similar things they have been through, I would really appreciate hearing them. I have read so many posted stories on this website, and none of them are like my husband's and my situation. He came over to the US originally with his previous wife on a K-3 visa, they got married within the 3 months period, and this was in Nov. 2003. The reason he came over here was because she was visiting in his country, and they met over there in Morocco, and she got pregnant. He got to the US 2 months after his son was born. He and his first wife stayed married until May 2004 (about 6 months), and then separated due to irreconsilable differences. I met my husband in Nov. 2004, his divorce was final in May 2005, and we were then married the same month. We hired an immigration lawyer right after that to see what we needed to do about his status becoming legal, and he informed Mohamed(my husband) that he would have to go back to Morocco eventually and re-enter for him to become legal. We then started the process by applying for I-130, it was finally approved in Nov. 2007 after many paperwork issues, filing an I-824, etc. and 2 and a half years later. His appointment was scheduled in Casablanca on May 22, 2008. He left the first of May, and my dad, son and I flew over to stay with him and his family for a few weeks on May 20. He went to the interview appointment, and all the short woman with glasses told him was that he needed a co-sponsor, asked him for his first marriage certificate, asked my name, and that was about all. She then informed him that his case would be sent to Washington, DC for additional administrative processing. We have been married for 4 and a half years, and he has opened up his own business(which his partner is running now all alone since he is out of the country), his little boy, my stepson just turned 5 years old, and I have a 7 year old son from a previous relationship. We have a house payment, car payments, and many others, and I call the state dept. all the time, our senators and congressman. Nothing has helped yet, and we have heard absolutely nothing except "Oh, your husband's case is still undergoing AP, and he will be contacted as soon as we get all the information back that we have requested from different places." LIke I said, I haven't heard of anyone that has left the country and trying to come back on a second marriage to a US citizen, and I would love some insight as to how long to expect it to take. Please let me know if anyone can give me any information, and thanks. wacko.gif


Let's address the three issues the consulate lady brought up:
1) Co-sponsor (Joint Sponsor)
It seems your tax returns are not adequate income in the eyes of the consulate staffer. So have you procurred another individual to file an affidavit of support (be the co-sponsor) for your husband?
2) Marriage certificate
Have you given them a certified copy of the marriage certicate from your husbands first marriage? REMEMBER: Copies of government civil documents can only be certified by the ORIGINAL ISSUING AUTHORITY who issued the original document.
3) Administrative Processing
Unfortunately, administrative processing is something we all had to go through. So, what you are experiencing is not unique or uncommon. Here is a very rough guideline for the waiting time:
1 to 3 months: Lucky
4 to 6 months: Average
7 to 12 months: unlucky

Believe it or not there have been others who waited a year or more! So sadly, I have to say that your wait time is not abnormal.

Please try to get the items the consulate officer requested in the time you have while you are waiting. Then when his AP is finished and he is called back, he can hand over the additional docs.

Best of luck,

Tina

Thank you for your reply. The thing about the first marriage certificate, when his paperwork was being processed the first time in the US, no one at the visa center, or immigration, or our lawyer told us that we would need to present the first marriage certificate to the people at the embassy, and we were quite suprised they asked for it. My husband didn't even have it, and the woman didn't tell him that he needed to get it for them, he just told her that he didn't have it, and she said alright. About the co-sponsor, my father gave the embassy all his information, and we turned it in the day after my husband's interview. Thank God he was there in Morocco with us, and was willing to do it. About the AP, I know the time is not completely abnormal, but I just wish that I could find someone on this site who has a story similar, so I could see what their results were, you know? A case where the immigrant had been married twice to a citizen, and how long it took. Maybe one day I will find one. Thank you for your help
kholliday333FemaleMorocco2008-11-08 22:53:00
Middle East and North AfricaCR-1 , AP for over 6 months
My husband has been in Morocco since the first of May, 2008. This is my first time on this forum, so if anyone has any tips for me, or similar things they have been through, I would really appreciate hearing them. I have read so many posted stories on this website, and none of them are like my husband's and my situation. He came over to the US originally with his previous wife on a K-3 visa, they got married within the 3 months period, and this was in Nov. 2003. The reason he came over here was because she was visiting in his country, and they met over there in Morocco, and she got pregnant. He got to the US 2 months after his son was born. He and his first wife stayed married until May 2004 (about 6 months), and then separated due to irreconsilable differences. I met my husband in Nov. 2004, his divorce was final in May 2005, and we were then married the same month. We hired an immigration lawyer right after that to see what we needed to do about his status becoming legal, and he informed Mohamed(my husband) that he would have to go back to Morocco eventually and re-enter for him to become legal. We then started the process by applying for I-130, it was finally approved in Nov. 2007 after many paperwork issues, filing an I-824, etc. and 2 and a half years later. His appointment was scheduled in Casablanca on May 22, 2008. He left the first of May, and my dad, son and I flew over to stay with him and his family for a few weeks on May 20. He went to the interview appointment, and all the short woman with glasses told him was that he needed a co-sponsor, asked him for his first marriage certificate, asked my name, and that was about all. She then informed him that his case would be sent to Washington, DC for additional administrative processing. We have been married for 4 and a half years, and he has opened up his own business(which his partner is running now all alone since he is out of the country), his little boy, my stepson just turned 5 years old, and I have a 7 year old son from a previous relationship. We have a house payment, car payments, and many others, and I call the state dept. all the time, our senators and congressman. Nothing has helped yet, and we have heard absolutely nothing except "Oh, your husband's case is still undergoing AP, and he will be contacted as soon as we get all the information back that we have requested from different places." LIke I said, I haven't heard of anyone that has left the country and trying to come back on a second marriage to a US citizen, and I would love some insight as to how long to expect it to take. Please let me know if anyone can give me any information, and thanks. wacko.gif
kholliday333FemaleMorocco2008-11-04 20:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecieved visa yesterday!!
After 6 months of waiting for my husband, they finally called him yesterday to come and pick up his visa! Thank god! He has his visa and he is buying his plane ticket tonight, and coming back to me! Good luck to everyone on this site, and thank you for your support! kicking.gif kicking.gif
kholliday333FemaleMorocco2008-11-26 19:45:00
National Visa Center (Dept of State)Drastic Change in Circumstances mid AOS
I am asking this on behalf of someone else. I'm asking for a fellow expat (not a close friend, just an acquaintance) who is unable to create their own account at this time.

Background:
CR-1 filed via USCIS and case forwarded to NVC
I-864 filed and paid by USC and co-sponsor
Couple both live in India
USC had an unexpected and critical family situation
The couple did not use a lawyer for filing the papers

So since this case could be forwarded to the embassy any day now I'm curious how the USC leaving India could affect it. The critical situation was a death in their immediate family where the USC is the executor of the estate. The USC is intending to fly back ASAP and cannot guarantee the issues will be settled in time to be back for the interview. (We're estimating the interview will be scheduled with the embassy in about 6 weeks due to how long they've been at NVC already.)

The paperwork indicates the USC lives in India currently, how is it going to affect their case when/if they are not at the interview? Is there any paperwork that must be filed (including change of address). Will the USC absence at the interview adversely affect their case? Is there anything else they should know that may help them at this point in regards to the visa process (in relation to this situation)?
ms_jinga_lalaFemaleIndia2012-08-09 11:37:00
National Visa Center (Dept of State)HOW TO TRACK YOUR CASE FROM NVC TO EMBASSY
It worked!! And what are the odds that only one package has went to new Delhi this whole week lol. Oh yeah!! Now I'm really excited!
ms_jinga_lalaFemaleIndia2009-10-30 21:16:00
US Embassy and Consulate Discussionhousing assistance
I'm not receiving this. However, I need to move out of my dads house, preferably before my fiancee gets here. I don't have the money for down payments and such saved up completely and I was thinking about possibly going to the state to request assistance. I read on here somewhere that someone receiving assistance could look bad or get the visa denied. I make enough money to sponsor my fiancee and I only need short term assistance getting started in a new living arrangement. Would this affect the visa? (I don't even know if I qualify for housing assistance this is just a thought.)

FYI details
embassy Delhi
NOA2 dated September 22, 2009

ms_jinga_lalaFemaleIndia2009-10-10 19:26:00
US Embassy and Consulate DiscussionMinor irritations
Thank you both. I just wish I could get this moving thing straight and over with already lol. So many unknowns.
ms_jinga_lalaFemaleIndia2009-11-13 22:01:00
US Embassy and Consulate DiscussionMinor irritations
How could this situation affect us?
Details -
- we just got packet 3 yesterday
- interview anticipation - December

Problems -
- I need to move and it is most likely going to be in December or the beginning of January at the latest.
- I intend to be fully moved before he gets here
- I have no idea where yet, somewhere local to me most likely

- We're filling in all the packet 3 forms with my current address

Questions....
Will a change of address affect our interview in any way?
How long do I have after an address change to report it?
How do you go about reporting an address change so late in the process?

Thank you so much in advance!

And just fyi, I am trying to put off the move until after the interview. Since we are not scheduled for an interview yet, I can't know for sure that is possible. I really don't want this headache right now but some things are unavoidable. (As if life wasn't complicated enough...I DO NOT want to do anything to mess this up or potentially mess up my K-1 at this point.)
ms_jinga_lalaFemaleIndia2009-11-09 23:26:00
US Embassy and Consulate Discussionpre-scheduled medical
QUOTE (inzango @ Dec 25 2009, 09:41 PM) <{POST_SNAPBACK}>
My wife got her medical done yesterday and she got the results in the evening. No worries. star_smile.gif


Thank you!
ms_jinga_lalaFemaleIndia2009-12-25 22:12:00
US Embassy and Consulate Discussionpre-scheduled medical
QUOTE (Raj456 @ Dec 22 2009, 02:09 PM) <{POST_SNAPBACK}>
Most of the Medical results are given next day. First day they go and give blood and the next day they will get the results and based on their age, vaccinations are given on the second day. This is what happened to my parents in Hyderabad.


Thank you!! That's very helpful. So should I tell him to expect to stay near the hospital for a couple of days? He has to travel to get there but has family sort of close to half way there. So he would be going with family to the hospital as well.
ms_jinga_lalaFemaleIndia2009-12-23 23:45:00
US Embassy and Consulate Discussionpre-scheduled medical
Thank you!!
I must not have searched for enough different terms because I didn't run across any threads that had what I was looking for.
ms_jinga_lalaFemaleIndia2009-12-22 12:17:00
US Embassy and Consulate Discussionpre-scheduled medical
My fiancee got his packet 4 yesterday and there was a date set in there for him to go have his medical appointment. However it's only 14 days before his interview and I worry that may be cutting it a little close to getting everything in on time. It says it takes 7 days to get back the medical report. That would mean he would have to basically go straight out and make copies in order to get it to the VFS before his interview. I know those papers only have to be in sometime in the 7 days before his interview but I'm not a last minute person lol. Not to mention what happens if it comes in late or there is some mail holiday that makes it take longer. I also searched the forum and didn't find anyone else who received a scheduled medical appointment in their packet 4.

FYI
- consulate - New Delhi, India
- filing K-1
ms_jinga_lalaFemaleIndia2009-12-22 07:52:00
US Embassy and Consulate DiscussionWhat are my chances?
Thank you both. Delhi is a tough consulate and I am really scared. I have read over in the South Asia forum of people there being rejected and that being used as the reason. I don't think I'm going to have any trouble proving anything else on the case, especially not bonafide relationship, but to know this is hanging over my head when I worked so hard to do everything as fast as possible and as perfect as possible, this just really bothers me. Ugh.....
ms_jinga_lalaFemaleIndia2009-12-29 08:29:00
US Embassy and Consulate DiscussionWhat are my chances?
Interview date: Jan 28
NOA-2 expires: Jan 22
embassy: New Delhi

I called them and the embassy said that the interviewer could choose to extend the date or proceed accordingly. What are the chances that K-1 could be approved even though the NOA-2 expires?

Have any of you received your visa after your NOA-2 expired?

Thanks in advance.
ms_jinga_lalaFemaleIndia2009-12-28 23:57:00
US Embassy and Consulate Discussioninterview on january in new delhi...please help!
Here is the link to the embassy's policy. It should clear up some of your questions.

http://newdelhi.usem...rulesfees2.html
ms_jinga_lalaFemaleIndia2009-12-31 22:29:00
US Embassy and Consulate Discussionbeggin for an extension
As you will see in this letter, my i129f expires before my fiancee's interview. I have called, I have emailed and the answer is the same, it's up to the interviewer if they extend it or not. Fellow VJ'ers have told me that the chances are good they will extend it, however I'm sending a letter with my fiancee as an added measure (overkill?..maybe...I'm not taking chances). Writing things like this is just not my strong point. Any ideas, thoughts. How can I make sure my letter makes a positive impact and (with any luck) pulls at some heart strings without sounding like I'm whining or begging? Below is my sad, cut and dry attempt at throwing something together lol. I welcome any suggestions for making this letter work for me.

Thank you in advance!


To Whom it may concern, (I would really like to address this better - something catchy that will make the interviewer feel important)
The NOA-2 granted and I Rohit on September 22, 2009 expires on January 22, 2010. However, the embassy was unable to schedule an interview before it expired. Please be so kind as to extend the validity of our NOA-2.

Unfortunately I am unable to attend the interview with my fiance but I am available and standing by the phone (**insert phone number here**) should you wish to talk to me or if you have any questions or concerns.

Thank you for your consideration,
***siggy***

---should I mention why I can't attend the interview? (It's because I'm a single mom to 3 kids and can't just up and travel at random during the school year....I don't have family near that can watch them for me and keep them in school.)
ms_jinga_lalaFemaleIndia2010-01-04 21:50:00
US Embassy and Consulate DiscussionSlammed at New Delhi

i have not read everything that everyone else has asked you or stated.......but did his family write and sign a letter about the engagement showing that they know about it? one thing i would do if u refile is have them address this issue that seemed to catch the attention of the person giving the interview.......delhi is a pain in the butt......they are not a friendly embassy and seem to act on what ever they feel is correct regardless of humiliation and pain they give the person in the interview....

i have written to Mrs Clinton a few times she i believed helped us get out of csc black hole but at this point has not bothered to respond to any letters i have written........she did state when she helped us thru csc to contact her if we had any more problems with this visa.......

good luck to u and you have been added to our prayers

sara



Where do I find her fax # or the address to write to? I've looked all over the website, maybe I'm missing it. I did email DOS already. I still want to contact her more directly if possible.

Thank you!
ms_jinga_lalaFemaleIndia2010-01-30 11:09:00
US Embassy and Consulate DiscussionSlammed at New Delhi

So the OP thinks she gets a special privilege and big guns intervening for her just because CO was rude? Wow. Welcome to the real world! :whistle:



No...actually I think I they are worth asking for because I'm not going to roll over and die and I'm not afraid to ask for their help. This is the real world where some people don't give up and keep going no matter what. The CO was not just rude, he was unprofessional and unethical. As an American citizen I have a voice and I'm not afraid to use it unlike the people who just b*tch and groan and choose to do nothing.
ms_jinga_lalaFemaleIndia2010-01-29 23:29:00
US Embassy and Consulate DiscussionSlammed at New Delhi

you have the right attitude, and i believe you will be successful :thumbs: know that there is always other options. if you haven't already, i still recommend reading the pinned topic on the MENA forums. if you post on there, someone who has been through this will answer. especially kiyah. she is the best. she went through this and is willing to help any and everyone. also i contacted marc ellis. he is on here as ellis-island. he is a great attorney who has helped many get through this. although i did not retain him, he did answer general questions. i know many people on here have retained them, and they are all with their SOs today. keep up the fight :yes:


Thank you. I will go post on there now. I'm not sure what to ask a lawyer. I really can't think straight and I don't know where we went wrong. I planned for every red flag I could. I put letters in the package explaining everything in full detail that I thought could cause any kind of doubt or questions. I emailed them, I called them. I wasn't naive enough to think that they were going to say something about the divorce and kids. My fiance knows everything about my previous marriage and all details associated with the divorce and after-divorce. We weren't engaged when I got divorced, we weren't making wedding plans at that time. I even addressed the issue of why I haven't made multiple trips to India, none of that mattered.

At any point will I find out why they denied him? I need something better than that they didn't think our relationship was real. I even supplied proof of our parents exchanging gifts. If it wasn't real, why would they exchange gifts (and they did that more than just at the ring ceremony, it's been an ongoing thing). I supplied proof of my phone calls to his family members - most of which do not speak any English. I detailed my learning of their language. He even gave the consular officer permission to talk to his parents who were with him there.

This just makes me think. If we as Americans are fighting for better treatment for prisoners of war, why the hell are we allowing law abiding citizens to be treated like this? It's just wrong.
ms_jinga_lalaFemaleIndia2010-01-29 23:11:00
US Embassy and Consulate DiscussionSlammed at New Delhi

There have been a few cases where second interviews have been granted in cases where congressman or Sneators have been contacted. Correlating one to the other is near impossible, but it is free to try. The State Department does not report to the legislative branch and they are charged with preventing visa raud and are given a broad hand in so doing. The Inidan sub-continent is rife with visa fraud, especially in family visas. They are just very sensitive about this and something your fiance said or did, or some circumstance of your case was a trip wire for them.

DO NOT assume it was the question they asked him over and over again and reacted badly to. In fact, I will nearly assure you 100% that was NOT the problem. It is a very common tactic for them to "seem" to focus on something as a distraction, especially when being group interviewed, and then another interviewer tosses in other questions. The subject is so confused and distracted and afraid he is going to be denied for something that isn't true, he gives an inconsistent answer to an earlier question and doesn't even realize it. Distraction and disorientation are among the absolute best interogation tools...short of waterboarding. They are used not only by law enforcement, government, but also doctors, attorneys and insurance companies (google "Waddell's Signs")

If the phone calls don't get you a second interview then you have a couple options.

1. Let them deny the visa and file a new I-129f for a new K-1. By the time your interview comes along you will know the reasons and can avoid those problems the next time. Appealing this visa will take longer and cost more. Start over.

2. Go to India and get married and file a CR-1. The problem with this is that it can still be denied and then you are still legally married.


Thank you, your post was very reassuring and helpful. I am emailing and calling like crazy to anyone and everyone I can. I'm not giving up. I've been researching. If this one fails how can I avoid getting the flat for misrepresentation? I know we may be able to get a waiver later, but I had rather avoid this all together. How long would it take to fail? I'm addressing all options, I have him talking to a lawyer about marriage regulations already. I want to be prepared for all options.

Even if another visa gets denied, I still love him. I want to be with him. I had much rather that be in person than over the phone and through a few visits. I won't give up. I can't. No matter how devastating this is, I just can't quit. I feel so broken right now.
ms_jinga_lalaFemaleIndia2010-01-29 22:19:00
US Embassy and Consulate DiscussionSlammed at New Delhi

A Stokes interview is used by USCIS more often than consulates, but consulates have been known to use them if fraud is suspected. The basic theme is that the petitioner and beneficiary are interviewed separately, and then their answers are compared. Sometimes it will involve two interviewing officers, each interviewing one of the parties simultaneously. After several hours of questions, they will switch interviewers and repeat the process. The Stokes interview process is long, grueling, and often involves deeply personal questions. The interviewers usually take an extremely adversarial position - they yell at the interviewee, make serious (usually false) accusations against them, accuse them of lying, threaten them with severe consequences for their alleged 'criminal' fraud acitivity, etc. Imagine 4 hours in a private room with a Marine drill instructor, where no answer you give is going to be acceptable, and you're beginning to understand what it's like.

USCIS will usually conduct a normal interview first. If they aren't satisfied with the results, they'll schedule a second interview, which is usually a Stokes interview. Some consulates have been known to demand that the petitioner appear for a Stokes interview if they aren't satisfied with the results of the initial interview with the beneficiary. This means the petitioner has to hop on a plane and fly to the beneficiary's country for the interview.

A Stokes interview is perfectly legal, and considered an important tool in fighting immigration fraud.


Ironically, I can imagine that. My ex husband is a Marine, I was married to him for 14 years while he was in the Corps (he went psycho...legally diagnosed now...I was the one he went psycho on which is why I left him 2 years before meeting my now fiancee). I think the power these individuals have has gone to their heads. I just don't understand how someone who was American (my fiancee got the only white CO there) could act like 2nd marriages are so uncommon. It happens everyday in America with way too many people having 3 or more marriages. Me being married previously does not signify that my new relationship is fraud.

I've been doing my research and the CO can't deny our visa because of information that was known to USCIS at the time I petitioned. I submitted a copy of my separation papers and divorce papers to USCIS in the very beginning. Both were dated and there were witnesses that testified that we had been separated for a little over 2 years before the divorce. I also had written them well in advance of the interview (6 weeks in advance) about the NOA-2 expiring. This was something they chose to do because they could get away with it. It's bullshit. Someone needs to do something about this system and stop allowing the CO's to just toy with someones life at random. They had the denial letter ready before my fiance even sat down, he saw it in front of the CO before the questions started. They never had any intention of granting the visa, they just chose to subject him to the humiliation and degradation for their own entertainment.

I don't even know where we go from here. I'm so broken I can't even think.
ms_jinga_lalaFemaleIndia2010-01-29 21:54:00
US Embassy and Consulate DiscussionSlammed at New Delhi

Letters and emails to senators are ok, presuming the senator's office decides to do anything for you. Presumably, two of the senators you wrote to are the senators representing your state. Don't be surprised if the other two politely refuse to do anything for you, and refer you to the offices of your state's senators.

Consulates and embassies are under the Department of State. You can try sending an email to DoS, as well as the office of the Secretary of State, Ms. Clinton. If you can get her office to take a personal interest in your case, then you should get some very fast action.

I don't mean to be callous, but good luck getting anywhere with this. Many consulates use similar tactics to try to uncover visa fraud, and these tactics pale in comparison to a Stokes interview, which is a tactic used by consulates as well as USCIS. A Stokes interview lasts for hours, involves both the US citizen sponsor and the foreign beneficiary/immigrant, and is comparable to the interrogation of a terrorist suspect (without the rubber hoses and waterboarding). It's brutally severe, and perfectly legal. While it's the stated policy of many consulates to treat applicants with courtesy and respect, the truth is that they often do not when visa fraud is suspected. In spite of tens of thousands of complaints, nothing has changed.

Anyway, it never hurts to have a senator on your side, and it can result in breaking down roadblocks set up by the consulate.

Good luck! :thumbs:



I'm okay with callous. I just need some direction. I don't care how rough it sounds, if there is a chance - no matter how small - I will do it. I'm going to email Ms. Clinton. I may even appeal to the president. I know I'm a small person in the grand scheme of things, but complaints add up. I want my voice in there. This is ridiculous.

What is a Stokes interview? When is that used and what is that for?

Thank you.
ms_jinga_lalaFemaleIndia2010-01-29 18:49:00
US Embassy and Consulate DiscussionSlammed at New Delhi
I posted this on the South Asia forum as well but thought maybe I could get some additional ideas here. My fiance had his interview on the 28th. He was yelled at by the CO and asked the same question more than 10 times (it was being yelled at him). He provided the same answer each time which is what kept angering the CO. He was being asked "What did your parents say when you told them she was divorced with 3 kids?" At one point another woman came over and her and the CO made fun of my fiance and laughed at him when he tried to answer the question again the same way. The CO yelled at him that his visa was denied and he shut the window. It was horrible.

I have emails typed up for the embassy and 4 U.S. Senators specifically requesting a congressional inquiry into the CO's actions and mistreatment of my fiance. I'm requesting the petition stay there and that they grant me another interview. (Thank you Twisted K for those ideas.) Is there anything else I can or should be doing or saying.

Thank you in advance. I don't know how to link to the post and I can't think straight to figure it out right now.
ms_jinga_lalaFemaleIndia2010-01-28 21:04:00
Removing Conditions on Residency General Discussionwhy they havent' cash my check?
They just got it on the 12th, counting today it has only been 2 business days since they got it. I have no doubt they have already sent your check to their bank, however your bank has not received the documentation to deduct it from your account. You have no reason to worry. They got your package, you are now waiting for a letter letting you know that. You only have about 5 more months to go before you know the outcome. It's way too early to start stressing, I promise. It won't do you any good, just breathe because this whole process is stressful enough without worrying about each and every day that something doesn't happen. It will happen. There really isn't much of a chance they won't take your money.
ms_jinga_lalaFemaleIndia2009-11-16 21:22:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (Oban @ Dec 23 2009, 09:12 AM) <{POST_SNAPBACK}>
Okay.... here it goes:

I talked to the Postmaster in Vermont. It is back on the way to me, left their facility at 2:30 pm yesterday. Reason: not enough postage.

WHICH IS BS!!!! It is a flatrate letter envelope for $4,95, plus $0.70 for delivery confirmation. I went to a postal office in person and they gave me the exact stamp!!!


So... let us hope it will come back to me. And if it does: I will put ###### $50 in stamps on it... and they better deliver it. Freaking ideots.


I agree with the others, you should request they resend it. If it was flatrate and they messed it up, that is not your problem. Do you still have your receipt? Take that with you so there can be no doubt that they made the mistake there at the window. Also, since now they have held you up by and extra week (considering flat rate is supposed to be faster than the 5 days it has already taken, it will be more days till you get it back, and now it has to be resent) I would ask for a free upgrade for your trouble.

The USPS office nearest me is horrible. Complaint after complaint and they intentionally try to rip people off. They haven't had a postmaster for over 2 years and they get away with way too much, and they are the only post office in the whole city! I have had packages weighed at the window, gave them the zip code and they told me how much it would be only to go to the side and finish filling out my customs form for them to try to charge me triple. I'm a major pain in their a** when that happens and I don't let them get away with it, however I know some people never think to question it. When I mailed off my package to USCIS in Vermont, they sent it to the wrong state and it took it 8 days to get to the Vermont office. Maybe your post office just sucks like mine does. You can go online and file a complaint against them as well and they are required to follow up. I know this because I can drive across state lines, spend an extra 10 minutes to drive to a better post office and the postmaster there tells me everything. She is the one that told me about filing complaints and how they have to follow up.

To file a complaint visit www.usps.com and click on customer service and scroll to the bottom where it says this:
How do I file a complaint or get general assistance?
For general assistance or complaints, please contact us at 1-800-ASK-USPS or via email. Agents are available M-F 8am -8:30pm ET, Sat 8am - 6pm ET. Learn more >

Then you will be able to click on the email link, or you can call the number provided.
ms_jinga_lalaFemaleIndia2009-12-23 22:57:00
PhilippinesMy beautiful wife is very irresponsible
The holidays are coming up. Make plans and both of you can go serve homeless people at a soup kitchen. Let her see how good she has it and how life really can be. Things like that have been known to change a person and maybe she can find her calling and do something in the social services field, or start volunteering. It can't hurt to try. And if you have to not tell her and make the little "trip" a suprise, then so be it. Good luck.
ms_jinga_lalaFemaleIndia2009-11-16 22:26:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsI think they lost mine!
QUOTE (ATexanandanAussie @ Oct 15 2009, 08:09 PM) <{POST_SNAPBACK}>
Now.. let me preface this by saying that I realize that a lot of you have been waiting longer...but, out of the 1956 applications that were received by the USCIS on September 2nd, ALL of the fiance visa petitions have either been approved or given an rfe...EXCEPT for ours!

We were touched on 9/08 for some reason. I am positive our file is in a pile hidden in the basement, or at somebody's house or just plain lost.

I am happy that I found this site and am happy for everyone who has been approved, but just KNOW that mine is lost.

sad.gif


How could you know all those others were approved? Currently it is taking the USCIS approximately 5 months to approve/rfe/deny petitions. Trust me, don't start stressing this early there is a lot more of that to come lol. At least you can see your touches on the file. I didn't get to see mine (like many others here) until right before it was approved. My NOA1 was dated 5/8 and I got my NOA2 dated 9/22, it didn't show up online until mid September. At one point when I called in and they advised me that my petition couldn't possibly be approved before December. I about died hearing that. Thank goodness they were wrong. Of course, now the NVC is holding onto my file for goodness knows how long for additional processing. I swear they are all out to torment us by making us wait....just kidding!

Welcome to the forums!
ms_jinga_lalaFemaleIndia2009-10-15 19:20:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMay 2009 VSC K-1 Fillers
I got approved today!!! Oddly enough I did not get the email or text message even though I was set up to receive both. My fiancee got his email lol. YAY!!!!!!!!!!!!! My nerves feel so much better. I know this isn't a guarantee but if round 1 thought I had sufficient evidence of a bona fide relationship, round 2 should be so much easier since he has most of the evidence lol. They are not gonna wanna see him walk into that interview with all the ####### he has hahaha.....YAY!!! I'm so happy!!!!
ms_jinga_lalaFemaleIndia2009-09-22 15:18:00
CanadaA US TD Bank ? Anyone heard of it or tried them?
First off let me say "hi everybody". I've browsed here from time to time waiting for my wife's visa but never seem to have the time to sit down and post something so here goes...

I noticed the question about TD banks here in the U.S. I recently moved here from Ottawa and went with TD here in the greater DC area for various reasons. The Canadian and U.S. TD are for all intents and purposes different entities. All their cross-border transactions go through Bank of America anyway. Personally when sending money to Canada, I simply kept a chequing account in Canada and use Xoom to send money to that account (for paying leftover bills, sending money to my wife, whatever). It usually takes less than 5 days but it has taken up to a week at times.

I can relate to the "pending" transactions thing I thought was a little odd compared to the Canadian banks where everything is immediate. I haven't had to use Canadian money orders or needed Canadian cash as I just send the money in advance of my trip and my wife withdraws it there or I just use my debit card for my Canadian bank account. Actually most of the time I just use my U.S. TD Visa Debit card in Canada most of the time and haven't had any issues with it. My wife has a card tied to that account and she had some difficulties initially only being able to withdraw from an ATM but we straightened it out on one of her visits down here. I must say the customer service, at least at our TD branch, is orders of magnitude better than the Bank of Montreal in Ottawa.

I haven't had time to write out a timeline in my sig or anything but we started the process in mid-January and are now waiting for final processing/approval at the NVC, where we went with the electronic processing option. Luckily DC is close enough to Ottawa that we can still visit on a semi-regular basis but the wait is getting tiresome smile.gif
intuitionsysMaleCanada2009-09-02 21:28:00
CanadaVisiting fiance while waiting for interview
We decided not to try her coming to visit as it would require her to quit her job which pretty much precludes successful entry and given the short time available for me to get back home if she was denied (it's two hours back to Ottawa and then two hours back to the POE again by myself) we figured we'd just wait and see for the middle of November and just hope and pray we actually get an interview date. From what I've seen from other members who's cases were completed before ours the chances seem slim but you never know.

While I was up in Ottawa I got her set up with a webcam for her laptop so we can at least video chat while she's stuck up there. By the way the Logitech "Vid" program works about a thousand times better than that horrible Windows Live Messenger. If anybody is interested in doing that I'd recommend it highly. It's extremely simple which is good for my wife smile.gif and doesn't have all the complicated nonsense that comes with Messenger, and it's free too which is always a plus.

Anyway, I e-mailed the Montreal Consulate over a week ago and still haven't gotten a response. Even a "no freaking way we hate you you're evil" response would be better than limbo tongue.gif We had a good visit though and all we can do is wait and pray so we'll just keep doing that and try to talk smack about Montreal as often as possible smile.gif
intuitionsysMaleCanada2009-10-27 22:43:00
CanadaVisiting fiance while waiting for interview
It appears this is one of the most oft-asked questions here and my wife and I are in the same boat. Her case was completed at the NVC on Sep. 24 but getting an interview appointment in Montreal is completely up in the air. My wife wants to come and visit until the end of Dec. and is deathly afraid of getting turned back at the POE because she would have to quit her job in order to stay that long. She doesn't need the job but there goes her proof of ties to Canada if she quits. She has a bank account in Canada and a ton of paperwork for her IR1 but that's about it.

Even though we'd have to be absolute idiots for her to have come this far (we started the process early Jan.) and then just stay illegally, there is always the chance that the border guard could refuse her entry. One time we drove across the guard was an absolute jerk and really ran us through the ringer. That was the exception not the rule but there's always that chance you'll get somebody with a chip on their shoulder. Flying down seems to be the only guarantee she'll get across without a hassle as a return ticket seems to be way up there on the list of things to prove she's coming back.

I called the POE directly and they advised against her coming down but they didn't say no, just that she might be turned back. I e-mailed the consulate in Montreal but don't expect to receive anything positive. It would be nice if she could come back with me as I'm driving up there for a visit this weekend but we don't expect to be able to come back together for an extended visit down here.
intuitionsysMaleCanada2009-10-19 21:57:00