Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	I-129F Evidence	As I have stated, I believe that this information may prove to be a disservice to the immigration community in that it over simplifies the process and could cause people to take measures that could cause problems down the line. I would much rater answer these types of questions on a case by case, individual by individual basis than making statements that could oversimplify the potential issues. The other post (http://www.visajourn...opic=1193&st=20)gives the reasons why it may be prudent for a petitioner to include additional information on the validity of the relationship with the I-129F submission. Where it is true that inclusion of the information would not result in an RFE, and could result in an RFE if it is not adequately reviewed, it could be very helpful when the petition comes to the Consular Phase, especially at high fraud consulates. Edited by zyggy, 08 February 2006 - 11:12 AM.	zyggy	Not Telling	Canada	2006-02-08 11:09:00
K-1 Fiance(e) Visa Process & Procedures	WHAT IF ALIEN FIANCEE DID NOT SEND BIRTH CERT?	Whleit is certainly not required and won't resultin an RFE in itself, the reason it is suggested to include it is in case there is an IBIS hit on the alien fiancee (something that cannot be predicted), the inclusion of a BC for the alien fiancee will prevent the issuance of an RFE for it.	zyggy	Not Telling	Canada	2006-02-09 07:45:00
K-1 Fiance(e) Visa Process & Procedures	Work Letter	If you are referring to your employment letter then all it needs to say is when you started, your status(ie. full-time, part-time), title and salary. Just have it signed by your HR director and make sure it is printed on company stationery. It is really very simple. Agreed... I would just write it myself, put it on company letterhead and have my boss sign it.	zyggy	Not Telling	Canada	2006-02-09 16:14:00
K-1 Fiance(e) Visa Process & Procedures	question - original documents at interview	hello, this post is not directly related to K-1 process but i'm kinda curious.. i was just wondering what happens to all the forms and supporting documents after the interview is over.. i don't suppose they give the forms back to my fiancee.. but what about other documents.. like photos, phone bills, hotel receipts, noa1&2, etc. do all those documents have no further use once my fiancee receives visa at the interview? or do i need them for AOS as well? since documents that i'm sending for the interview have to be originals of everything, i will be without any evidence if i don't get them back. would i ever need them again for further use..? exactly what do they keep and what do they give back? any idea? any opinion or experience would be appreciated. Everything you give them becomes a part of your A file. So if it's something that you don't want to give up, I suggest that you send copies of everything.	zyggy	Not Telling	Canada	2006-02-09 10:53:00
K-1 Fiance(e) Visa Process & Procedures	Double Citizenship	There was a member on here who once had 6 citizenships and 6 passports. She just picked one for her K1 to go into.	zyggy	Not Telling	Canada	2006-02-10 08:16:00
K-1 Fiance(e) Visa Process & Procedures	NOA2 Deadline	My fiance has been waiting some time for a criminal background check to complete itself with Japan because she lived there for five years (she's Canadian) and the other day I was looking over our paper work and noticed that the NOA2's notice is only going to be valid only a little longer. We already have her information at the Montreal Embassy and are just waiting for this one item to come in so that she can send in her packet. I'm just wondering what happens once this deadline passes, or is there some way to file an extension? The comnsulate has the authority to extend the Petition Approval date for instances such as these. As long as the consulate knows of your situation and you have been keeping them up to date on your efforts, then the Consulate will extend the petititon. However, it isn't a bad idea to formally request to extend the petition by sending a letter to the Immigrant Visa unit giving the reasons the extension is required and requesting the extension Edited by zyggy, 10 February 2006 - 08:32 AM.	zyggy	Not Telling	Canada	2006-02-10 08:31:00
K-1 Fiance(e) Visa Process & Procedures	New User & Interview Site Question	Hi, I officially just signed up, but I have been visiting this site for quite some time. I have been reading many of these posts and have learned quite a bit already. Thanks!! So here is my situation. My fiance is from India and is currently residing there. However he has been offered a position in Singapore and will be moving there shortly. We have not yet started any paperwork. We are waiting until he has officially moved. He was wondering once he moves where will his interview take place - his home country India (Mumbai consulate) or Singapore where he will be living. Again, thanks for all you help. This site is FANTASTIC! Lori The interview location is a function of residency NOT of Citizenship. As long as he has legal residency in Singapore, then the interview will be in Singapore. The only exception to this is for a K3 visa. In this case, the interview will take place at the consulate that has control over the location of the marriage, unless the marriage was in the US. If the marriage was in the US, the normal rules apply.	zyggy	Not Telling	Canada	2006-02-10 08:29:00
K-1 Fiance(e) Visa Process & Procedures	Traveling after getting your visa	I have seen the guidelines for the DHS on K-1 visas. It was posted about a week ago, but I cannot find it for love or money. In there it says something along the lines that a K-1 can be re-issued if not used during a trip, PROVIDING that the validity of the K-1 has not expired and that the re-issuance (I believe) willl have the same validity period. However, I think this is at the discretion of the issuing body. I am sure someone has the link or will correct me if I am wrong! The answer quite plainly is no. One can only have one visa at any one time. If a K1 is issued, the consulate will cancel any other visa in the passport. In addition, if one has a visa in their passport, then one cannot enter the US on VWP as long as that visa is in effect. If one was permitted entry while a K visa was issued, then that entry was in error. The only time I have ever heard of individuals entering the US while a K visa has been issued is with Canadian Citizens who entered the US with a BC and DL. If they would have attempted to enter on their passport or if the CBP officer has found out that a K visa has been issued, they would have been given the choice to use the visa or return back to Canada. Edited by zyggy, 10 February 2006 - 08:39 AM.	zyggy	Not Telling	Canada	2006-02-10 08:35:00
K-1 Fiance(e) Visa Process & Procedures	Student Visa and Marriage	If she is here on an F1 visa, you can get married and adjust status by filing an I-130 and an I-485 to the Chicago lockbox. However realize that once the I-130 is filed, she will no longer be in an F1 status, but will be an adjustment applicant and will require AP to leave the country. I suggest that you have a consultation with an immigration attorney that is experienced in family adjustment cases to find out more information based on the details of your current situation.	zyggy	Not Telling	Canada	2006-02-09 14:38:00
K-1 Fiance(e) Visa Process & Procedures	police record and doctors appointment	Dear All, How old can the police records be for the K1 interview?? I have one from May 2005 and was wondering for how long that is valid. Also how long are the results from the doctoral appointment valid?? thanks a lot !!! A lot depends on which country you are from. In the Uk the police record and medical results are admissable for 12 months from the date of issuance. For most people that is long enough for both their visa interview and their AOS application. Different countries may have different rules regarding the validity period. Mark And different consulates may have different rules on how old a police report that they will accept. This is probably the more important rule... The medical is good for a year.. but watch out, when you apply for AOS, your medical also has to be less than a year old from the date that your AOS petition was received. Edited by zyggy, 10 February 2006 - 02:42 PM.	zyggy	Not Telling	Canada	2006-02-10 14:41:00
K-1 Fiance(e) Visa Process & Procedures	which service center sends receipts?	At times if other service centers have availability, your service will send additional petitions there so that they can be processed quicker.	zyggy	Not Telling	Canada	2006-02-10 14:36:00
K-1 Fiance(e) Visa Process & Procedures	K1 question from China resident	"1) Have you been filing US tax returns with the IRS. All US CItizens are required to report their worldwide income to the IRS. 2) What have you done to keep your domicile in the US. Do you still have a US Driver License, US Bank Accounts, etc. If you don't, you should take steps to reestablish your domicile during your next visit to the US. 3) Go to the DCF forum and ask some questions there. I believe that you'll have to file the I-130 in Guangzhou as this is the only consulate in China that has an Immigrant Visa unit. The CR1 visa interview will definitely be held there, but you may be able to file the I-130 at a more local consulate." I think it may be a good idea to check out the DCF, as I cannot be 100% certain of my residence for the next couple of years. To answer your questions... #1 Yes...always! Have all the records at home... #2 DL....yes..Bank...yes...ok so far? #3 I live 1 hour from GZ. Should be ok. Here's the kicker...any idea how much longer I'll have to wait with a DCF than the K1? I'm hearing up to three years! No.. it won't be nearly that long. The longest I've ever heard DCF take was up to a year in Juarez. I could be as little as 3 months and as long as 12.. However, 5 to 7 months is the norm about the same or slightly longer than a K1. However, the CR1 visa is a very powerful visa. If you do get the CR1, your spouse will be able to work immediately, can leave whenever she pleases and you will not have to deal with doing AOS when you get to the US. Edited by zyggy, 10 February 2006 - 12:29 PM.	zyggy	Not Telling	Canada	2006-02-10 12:25:00
K-1 Fiance(e) Visa Process & Procedures	K1 question from China resident	I got this information from the Consulate in SHanghai... Where can I get the necessary forms? You can download the I-130 and G-325A forms from the Department of Homeland Security website. Alternatively, you may pick up these forms in person from the American Citizens Services (ACS) unit of the U.S. Consulate General in Shanghai. The forms mention “petitioner" and “beneficiary" What is meant by these terms? The petitioner is the American citizen who is petitioning for a foreign national to be allowed to enter the U.S. as a legal immigrant. The beneficiary is the foreign national who is seeking to immigrate to the U.S. Where should I submit my Immigrant Visa petition? If you reside in the United States, you should submit your application to the Department of Homeland Security office that has jurisdiction over where you live. If you reside in the Shanghai Consular District AND have a valid Chinese Foreigner’s Residence Permit visa you may submit your petition to the ACS Unit of the U.S. Consulate General in Shanghai. Our office will forward your application to the Department of Homeland Security office in Beijing. What if I am applying for my spouse and their child? A separate I-130 petition petition must be filed if the USC is also petitioning the stepchild (to be eligible for the petition, the child must be under 18 years when the USC married the petitioned spouse). Supporting documents include all those needed for the petition filed for the spouse, plus a Notarial Birth Certificate of the child. Filing fee is also $185.00. How can I obtain an Immigrant Visa for my fiancée? It is possible to apply for a “K" visa which would enable a fiancée to travel to the United States in order to get married to an American and reside in the U.S. However, such petitions MUST be filed with the nearest DHS in the U.S. This type of visa petition may not be adjudicated abroad. Please consult http://travel.state....a_services.html for more information. How long does the process take? From start to finish the Immigrant Visa process has many steps. After completing the forms and collecting the necessary documents, petitioners must file these with the DHS office in Beijing (or present these to the nearest U.S. Consulate for assistance in forwarding these to the DHS). If the DHS approves the petition, it is sent to the U.S. Consulate General in Guangzhou. At that time, the petitioner and beneficiary will be contacted in order to schedule a time for an personal interview. It is impossible to give a definite time frame, but recent experience suggests that applicants should plan for a wait of six to nine months. Required Documents See attached check list Fee: $185 Per Petition http://www.usembassy...migrantVisa.htm	zyggy	Not Telling	Canada	2006-02-10 10:19:00
K-1 Fiance(e) Visa Process & Procedures	K1 question from China resident	I think I answered my own question just now...I read the I-129 again very carefully and it allows for foreign alphabets. Guess that's what the Consulate will use! Duh. There is one line on the I-129F that asks for the beneficiary's name in her native alphabet. All immigration forms must be filled out in English, the only exception is when the forms ask for native alphabet. When the government sends mail to the beneficiary, they will use English. Since I answered my last stupid question...I'll try just ONE more then call it a night...since I've lived in China teaching English for the last five years and have no property in the US, how would I go about filing the I-134 form? I have a few stocks, but all bank accounts and salary are here in China. Here's the VJ quote about this situation: "You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these asap after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134/I-864. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134." Not sure what I'm to do since I live and work in China. How do I get these things notarized from over here?Any suggestions would be most appreciated! -Aaron The K-1 visa was designed for peittioner who lives in the US or planning on living there permanently. I think in your situation, you should consider filing DCF for a CR-1/IR-1. I should also point out that if you do obtain a K-1, your future wife must stay in the US at a minimum of 3 months to obtain a travel document. After that she has to file for Adjustment of Status to make her immigration status permanent in the US. You said you plan to live in China for a couple more years. Should your future wife be absent from the US alot her adjustment of status will be difficult. Agreed... I think DCF would be the best choice in this instance. This would involve you getting married in China and filing the paperwork necessary to get the CR-1 visa in China, which will result in a GC at her entry to the US. A few questions... 1) Have you been filing US tax returns with the IRS. All US CItizens are required to report their worldwide income to the IRS. 2) What have you done to keep your domicile in the US. Do you still have a US Driver License, US Bank Accounts, etc. If you don't, you should take steps to reestablish your domicile during your next visit to the US. 3) Go to the DCF forum and ask some questions there. I believe that you'll have to file the I-130 in Guangzhou as this is the only consulate in China that has an Immigrant Visa unit. The CR1 visa interview will definitely be held there, but you may be able to file the I-130 at a more local consulate. There is a link to the immigrant visa unit in Guangzhou http://www.usembassy...zhou/iv/iv.html From this link it appears that you will file the I-130 at the consulate that has jurisdiction over your place of residence in China. Edited by zyggy, 10 February 2006 - 10:12 AM.	zyggy	Not Telling	Canada	2006-02-10 10:09:00
K-1 Fiance(e) Visa Process & Procedures	K1 question from China resident	You may want to look at the sponsorship requirements to see if you are eligible to act as a sponsor. If not, you'll need to arrange to get a co-sponsor to fill out some sponsorship paperwork for you. Edited by zyggy, 10 February 2006 - 08:26 AM.	zyggy	Not Telling	Canada	2006-02-10 08:25:00
K-1 Fiance(e) Visa Process & Procedures	K1 Process costs	Thank you very much for the responses. Now something adds up to the question. Would a K3 be more affordable or its relatively the same? Pretty much the same as the process is pretty much the same...	zyggy	Not Telling	Canada	2006-02-11 13:53:00
K-1 Fiance(e) Visa Process & Procedures	K1 Process costs	I was wondering how much would the whole K1 process cost. My g/f and I are considering getting married very seriously, and I want to know how much money we will have to come up with. Thank you... Lotsa of factors go into this... The petition fees, fees accociated with pictures, passport, medical, police report, postage, etc. Do you want to travel to her country to attend the visa interview with her. How far does she have to travel to get to the consulate? Budget a minimum of $1,500... But depending on you situation budget more. The information is out there, you just have to add everything up... Edited by zyggy, 11 February 2006 - 09:05 AM.	zyggy	Not Telling	Canada	2006-02-11 09:04:00
K-1 Fiance(e) Visa Process & Procedures	Residency Question	More info????? If she's here, take a trip to USCIS office nearest you. Well that would depend on many many factors and details... Generally, if your spouse's intention at the POE was to get married and subsequently remain in the US, then her entry was fraudulent and therefore would be unable to adjust to a permanent resident. Remmeber that the burden of proof to prove the entry was not fraudulent is on the petitioner not on the USCIS. If asked, what could you provide to prove that her intentions were not to remain in the US. The USCIS adjudicator's determination would be based on the details of the entry based on the evidence that you provide. I suggest that you have a consultation with an experienced immigration attorney that deals with family immigration issues to go over your case and your evidence. THe attorney will look over the details and give you legal advice regarding your case. Remember that the case is yours... if you aren't comfortable with the risks, then it's up to you and your spouse to take the steps that involve the lesser risks. A good attorney will not make up your mind for you, but will tell you the pros and cons, show you where the risks are, help to quantify them for you and allow you to make up your own minds. Edited by zyggy, 11 February 2006 - 02:00 PM.	zyggy	Not Telling	Canada	2006-02-11 13:59:00
K-1 Fiance(e) Visa Process & Procedures	Got an RFE today from CSC	Nothing that you can do... Just wait to see what they want and get the information they want back to them ASAP...	zyggy	Not Telling	Canada	2006-02-11 10:30:00
K-1 Fiance(e) Visa Process & Procedures	Visa approved! Possible problem with passport - need help please!!	It may have been a mistake at the embassy since she had her K1 approved in December, and her passport runs out in June 06, that gave her a full six months left on her passport from the day she was approved. If we can, we will just renew the same day as suggested by James (thanks!!!). Also Kezzie, could you clarify....are you saying when you came over to the USA your passport did NOT have 6 months remaining on it? Then you renewed it while still here in the states? If so, thats fantastic! Her father was making us feel that wasnt possible. Thanks SO MUCH for your responses!!! The passport must be valid during the period of authorized stay, which can be as long as 6 months for people from the UK. This provision which your future FIL states is for visitors. Since your fiancee will be staying in the uS, it would not apply.	zyggy	Not Telling	Canada	2006-02-13 09:14:00
K-1 Fiance(e) Visa Process & Procedures	Visa approved! Possible problem with passport - need help please!!	If she enters before the expiry date (both on the visa and the passport), then there will be no problem... just be sure she renews it when she gets to the US.	zyggy	Not Telling	Canada	2006-02-13 08:51:00
Middle East and North Africa	YESTERDAY MY HONEY SHOULD ARRIVE, but he did not!!!!	Aisha, to suggest that what I and others have posted is unhelpful is missing the entire point. What happened to your fiance is very sad. And I did post that I hope the situation can be resolved quickly. I have tried to spend my time on VJ offering people support and kindness, but to stand by as other people post incorrect and misleading information is no help to anyone. I can't and won't recant what I said. Again, to do so would lead people to believe that what your fiance said was not a problem, and it was the fault of some small-minded POE officers. From what you've told us, it was not. I doubt he would have been treated much differently at any POE, or moreover at a POE for any other country. I didn't mean to insinuate that you did anything illegal, and I apologize if my post sounded that way. To say that it was his responsibility to comply with American law means that it would have been more helpful to him to have fully understood the terms of the visa, and to realize that if he said he was coming here to join his WIFE, he would run the risk of being denied entry. It's not the first time this has happened on VJ. Had my English-speaking, white, Christian fiance said the same thing at his POE, he certainly would have been turned back. And with good reason, too. Still, none of that means that I don't want to see a happy resolution for you. Of course I do--and as quickly as possible at that. But let it be a lesson to anyone else in a similar situation. Indeed.. while I was in CBP we turned away a great many Christian, English speaking individuals who happened to make the "mistake" of stating that they had a "wife" or wearing a wedding ring. Again, the word "wife" has a very specific term and meaning. There is no loss in translation anywhere. In the eyes of the CBP, if you say the word "wife" , "husband" or "spouse", it's all over. Saying something like this is something you can't retract or try to explain away, because the cat is now out of the bag. After that incident the presumption on the part of CBP is that you are married. At this time to refute that presumption, it is the responsibility of the alien to prove without a shadow of a doubt that there was no legal marriage. When you're standing at the POE, that is impossible. At that point in time, there has been a determination that you are inadmissible under a K-1 and you have to leave the US. You can either do that voluntarilly without a ban, or you go into expeditied removal proceedings to try to change that determination. If you go into expedited removal proceedings and you lose, basically a certainty since you wouldn't have any evidence to refute their presumption and they find against you, then you are given expedited removal with a 5-year ban. I say again, it is easy to show that one is married, it is very difficult to prove that one is not married. As I have said before, at a POE you have no legal rights, no legal recourse. The legal rules you are used to do not apply. It is not up to the CBP to prove that you are ineligible to gain entry on a K-1 visa. It is up to the alien to prove that they are eligible. You are guilty until you prove yourself innocent or more specifically you are inadmissible until you prove that you are admissible. I am sorry for what happened to the OP.. There is little that you can do now than to get married legally in another country, file an I-130, and then file for a Waiver when the visa is denied. Let this be a lesson for all of you about the danger of having a "religious" marriage and why it's best to not have one until after one is legally married in the US on a K-1. If it is imperative that one be married for cultural reasons, then it is better for one to get legally married in the foreign country and then try to get a K-3 or Immigrant Visa. Edited by zyggy, 02 June 2006 - 02:37 PM.	zyggy	Not Telling	Canada	2006-06-02 14:25:00
Middle East and North Africa	YESTERDAY MY HONEY SHOULD ARRIVE, but he did not!!!!	Is this addressed in the guides/visa faqs at the top of the page? I know my husband and I were religiously married in Egypt prior to doing the K-1, but after the advice from the forum here, we were quite careful to only refer to ourselves as fiances (since we were in the legal sense). I think that is the issue here. It's not that it's not permitted to have the non-legal ceremony, but referring to your fiancee as your wife is a big no-no. I agree.. I dont know why the k-1 provisions dont allow for non married husbands and wifes to be fiancee. that sounded stupid. proble why its not a provison. I dont get religous marriage not being real. please please explain this. its a hard concept really. why profess your love to god. but call it not real? is it not real because, its not registared? please explain this.. It is not a matter of it being real or not real... it is a matter of if it walks like a duck, talks like a duck, and quacks like a #######.. it's a duck. Whether it's legal or not... In many countires, the mere act of the religious ceremony itself makes it a legal and binding marriage... in other countires it does not. The CBP Officer does not have the time to look at all the marriage law all around the world while you're sitting at the POE and split hairs. If someone admits that they have a spouse... then in the eyes of the CBP you're probably legally married.. they don't have the time to find out if you're not... The CBP made the proper decision. THe OP's fiancee admitted having a spousal relationship... legal or not, that in itself is sufficient grounds to cancel the K-1 visa and deny entry. The CBP does not need proof that you are married to deny the visa, only a reasonable suspicion of a marriage....	zyggy	Not Telling	Canada	2006-06-02 08:20:00
Middle East and North Africa	Where would my fiance go for interview?	My fiance is from Iraq and works and lives in the United Arab Emirates. We are confused: If hopefully when we start our K-1 Visa application -- if it's approved, where would he have his interview? This is a big concern for us because it will be very difficult for him if he needs to travel outside the United Arab Emirates to Amman, Jordan or Casablanca, Morocco or Turkey for an interview. (We heard those are possible places.) This is a big concern to us. I know Iraqi nationals need to maybe go to Jordan or Morocco, but what about others who live and work in other countries like the UAE such as my fiance? Does anyone have information about this? Thank you very much. I can throw out a guess for you It would probably depend on how UAE defines residency there. If they consider him to be a UAE resident, UAE would likely process it...but I wouldn't think they would HAVE to. If they decide not to accept the case, I would count on it going to Amman. Agreed.. if he is legally resident in the UAE, then Abu Dhabi will likely process the visa. Did you put his address in the UAE on the petition.... If so it will go to Abu Dhabi first.. they will then probably ask him for some documentation on his legal status there. Once they are satisified, they will process the case.	zyggy	Not Telling	Canada	2006-06-08 07:22:00
Middle East and North Africa	New here and would appreciate some help	I'm surprised that they did not inform you on the possibility of him getting a waiver of his inadmissibility. If he is denied again, ask to get it in writing and then request to be able to file a waiver... This is the Morocco consulate. It is not surprising at all that they didn't give them an actual reason for the denial, nor give them a chance to refute it at the consular level, nor give them any other information. Sadly it's the norm there. Firelion, welcome. There was someone else here a while back who had the same situation and it was automatically denied; unfortunately I don't remember who it was, hopefully they'll chime in. While it is true that they didn't need to give the specific reason for the denial, they DO need to give the pertinent area of the law that gave them the means to do so. If they did not, then the OP needs to find out what it is.. if she is unsuccessful, she needs to find someone with more weight to find out what it is... if it takes a mandamus suit to find out, so be it...	zyggy	Not Telling	Canada	2006-06-21 13:35:00
Middle East and North Africa	New here and would appreciate some help	So, whoever interviewed my husband this February denied his K-3 visa saying that he lied on the toursit visa interview, that he's never met me before applying for it! Do you know that for a fact? Was that put in writing anywhere, or told to you? That's a serious, and out of the ordinary, excuse for 221 (g). PS: the shaved head had nothing to do with it. He likely had very little chance of getting a tourist visa (insufficient ties to home etc) Yes, i know that for a fact, he e-mailed me a scanned copy of the letter they gave him. THey didn't put that in the letter (that he lied, but they said it to his face). Now they got pushed by NVS from here since all my paperwork was ready and it's been a year since i've filed. I'm just afraid that they'd use that thing about him 'lying' against us and was trying to find out if there's anything i could do to make sure or at least try not to get the visa again. That would mean that we'd have to appeal and stuff and that's more time and money...... and you know. who wants to do that? Thanks for reply Ok.. they said it to his face.. but in the bureaucracy, if it isn't in writing.. it didn't happen. What exactly did the letter say was the reason the visa was denied.... Did it mention an INA citation. If so what was it? Details details details... If the reason for the denial is due to the fact that he is inadmissible due to a misrepresentation that he made in the past, he will be denied for the CR-1 visa as well since the inadmissibility has not been waived. I'm surprised that they did not inform you on the possibility of him getting a waiver of his inadmissibility. If he is denied again, ask to get it in writing and then request to be able to file a waiver...	zyggy	Not Telling	Canada	2006-06-21 09:55:00
Middle East and North Africa	VISA DENIED 2ND TIME!!!	Actually this isn't the book... If you look at the title it says.. guidance... it is NOT a regulation.. meaning the CO's can take it or leave it as they wish... They are not bound by it... If you told me this came from the FAM or the CFR then they would be bound by it.... This is nothing more than an advisory cable... the CO's do not have to follow it at all and are not bound to... and in the case of Casablanca, they have chosen not to.... The second you understand that, you know that you cannot rely on this cable as a way to either complain, or get at the consulate by other actions... I can't seem to get the quotes to work, so I've put Zyggy's comments in italics Actually this is not exactly the case, the CO has the authority to send a petition back to the USCIS if in their opinion there is evidence that if the USCIS had known it would have resulted in a different outcome on their end. The evidence does not need to be written, it can be empirical, cultural or otherwise... From http://travel.state....grams_1415.html 4. Providing solid evidence of fraud or misrepresentation in a petition relationship may not be achievable in many cases, particularly those involving marriage or relationship fraud. The FAM guidance on revocations makes this point on several occasions -- posts seeking revocations must show the "factual and concrete reasons for revocation." BCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws. Without such evidence, BCIS will be unlikely to obtain a petition''s revocation if a petitioner chooses to contest a notice of intent to revoke. So it can't just be cultural... Saying that muslim men don't marry older women certainly wouldn't hold up in a court of law. From http://travel.state....grams_1388.html 6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer''s role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. From http://travel.state....grams_1415.html Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. Second of all, the rules say that the petitioner and beneficiary may present additional evidence attempting to refute the CO's decision prior to the petition's being sent back. Most of the Moroccan petitions, on the contrary, have been sent back the following day. It's pretty hard to present additional evidence when you don't know what the CO's objection is and they send the application back immediately. Can you cite the provision where this is the case... I saw this in the Foreign Affairs Manual 9 FAM 41.81 Notes d. Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage. I see nothing in the FAM that states that the opportunity for more information must be given... Again from http://travel.state....grams_1415.html Rather, a consular officer should only seek revocation of the petition if the officer knows, or has reason to believe, that the petition approval was obtained through fraud, misrepresentation or other unlawful means, or that the beneficiary is not entitled to the status conferred by the petition. Petitions generally should not be returned unless the post uncovers new information not known to BCIS at the time of petition approval. The FAM cautions that posts should seek revocations "sparingly," to avoid inconveniencing the petitioners and applicants and to avoid creating an additional administrative burden for BCIS. and VO supports this use of 221(g) with IV petitions, as returning a petition based on suspicion alone is not appropriate, and providing the applicant an opportunity to address post''s doubts is a fairer way of dealing with suspect cases. We encourage posts to use 221(g), except in those IV cases in which fraud, misrepresentation, or ineligibility for status can be clearly established. 221(g) allows petitioners and beneficiaries to supplement the initial application and in many cases overcome the refusal. and Posts should be generous in allowing applicants every opportunity to supplement their applications following a 221(g) refusal. So you're right, it is only strongly encouraged that people be given the opportunity to refute the CO's decision. I don't think it's too much to ask that COs do what they are strongly encouraged to do. You can find more here in a very helpful thread created by a woman whose petition for her fiance was sent back to DHS. http://www.visajourn...?showtopic=2687 Thank you !!! Now you have the word straight from the book. These are the regulations, not someones imagination, and they aren't following them. Now if you don't have anything to add to help this woman go find another thread to hyjack. Why is it some people take so much pleasure in tell you whats wrong with you? Support here people! I have not told anyone what is wrong with anyone. All I have been doing is pointing out what is going on and what can be done to make your cases stronger in front of a CO. I am supporting you, by giving you a path for success. If you think that just parroting to the crowd and patting you on the back is support and tell them to stick it to the man, well... you have a twisted idea of what support is... Try to read my, mermaid's, gimygirl's and fox's posts with your emotion switch turned off and see what we have to say then... I think that you will see that we have been very supportive... by trying to give you the keys to succeed. Edited by zyggy, 22 June 2006 - 07:57 AM.	zyggy	Not Telling	Canada	2006-06-22 07:46:00
Middle East and North Africa	VISA DENIED 2ND TIME!!!	Zyggy, you make some good points, but I object to your opening statement. Does the consulate really have the right to ignore their own regulations? Their regulations say that, first of all, they are required to present, in writing, as detailed an explanation as possible detailing why the CO believes that the couple is not eligible for a visa. All the cases that have been sent back have gotten a piece of paper stating simply that the case is being sent back to DHS. That does not seem to me to be a detailed explanation. Actually this is not exactly the case, the CO has the authority to send a petition back to the USCIS if in their opinion there is evidence that if the USCIS had known it would have resulted in a different outcome on their end. The evidence does not need to be written, it can be empirical, cultural or otherwise... THey do not need to tell you what the specifics of their suspicion's are because that would give one a road map to fabricate something to refute it, however, they should give you a cite from the INA stating their basis for sending it back. You are applying for an immigration benefit. You have to show the CO that you are eligible for that benefit. What the bar is to show that one is eligible obviously changes from consulate to consulate based on local factors... The system was built with checks and balances. The CO deosn't have the authority to stop the petition that establishes the eligibility.. but the USCIS cannot issue the visa. For good or bad, you have to satisfy both agencies... Second of all, the rules say that the petitioner and beneficiary may present additional evidence attempting to refute the CO's decision prior to the petition's being sent back. Most of the Moroccan petitions, on the contrary, have been sent back the following day. It's pretty hard to present additional evidence when you don't know what the CO's objection is and they send the application back immediately. Can you cite the provision where this is the case... I saw this in the Foreign Affairs Manual 9 FAM 41.81 Notes d. Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage. I see nothing in the FAM that states that the opportunity for more information must be given... Edited by zyggy, 21 June 2006 - 04:01 PM.	zyggy	Not Telling	Canada	2006-06-21 15:47:00
Middle East and North Africa	VISA DENIED 2ND TIME!!!	So even though the presence of the USC is not required, the mere statement that the USC is in the next room, outside the consulate, etc. means a lot to the CO in showing the the relationship is valid. There have been individuals who have brought their SO's US passport into the interview to show the CO that their SO was indeed in the country waiting for them... believe me.. it speaks volumes. As other have said, the CO's know that there was some sacrifice made on the part of the USC to be there. The fact that that sacrifice was made says a lot... I actually don't think that it says that much at all in Morocco. The type of fraud that the consulate there is on the lookout for is usually of the kind where the USC does not know that she is being duped. Her presence would do little to change the CO's view of the Moroccan beneficiary's intentions. Maybe, but it does indicate the USC"s intentions doesn't it... and it takes two to tango... just takes 50% of the perceived problem out of the equation.. Edited by zyggy, 21 June 2006 - 02:21 PM.	zyggy	Not Telling	Canada	2006-06-21 14:20:00
Middle East and North Africa	VISA DENIED 2ND TIME!!!	Why did you say "boy toy"? The fox has a little bit of a flair for the dramatic.... for better or worse..	zyggy	Not Telling	Canada	2006-06-21 14:17:00
Middle East and North Africa	VISA DENIED 2ND TIME!!!	Instead of everyone focusing their energies on how the consulate doesn't have a right to do what they did (which by the way they do)... maybe everyone should be focusing their energies on solutions... As you have all figured out, the consulate has every right to make subjective jodgements on the validity of a relationship. It help to know what the job of the CO is and what their position is. Their position is to keep people out of the US.. meaning that they only have to give out a visa to individuals who have proven without a doubt in their mind that they are eligible for it. However, they are not permitted to second guess the USCIS. Meaning that if evidence about the validity of the relation was presented to the USCIS and accepted by the USCIS, they have to find another way to send the petition back... So the solution to the problem is to find out what would need to be provided to the Consular Officer in the form of physical, subjective evidence that would lead them to the conclusion that the marriage was not entered into for the purposes of subverting immigration laws. Unfortunately, there have been many many documented cases of people who have had significant age differences having problems with fradulaent marriages... Keep in mind that every action that you do is being weighed by the consular officer. So even though the presence of the USC is not required, the mere statement that the USC is in the next room, outside the consulate, etc. means a lot to the CO in showing the the relationship is valid. There have been individuals who have brought their SO's US passport into the interview to show the CO that their SO was indeed in the country waiting for them... believe me.. it speaks volumes. As other have said, the CO's know that there was some sacrifice made on the part of the USC to be there. The fact that that sacrifice was made says a lot... In addition, then comment made by several people here on what to do in the interview are right on... criticising them is completely misguided... and misses the point. The goal is to get your SO into the US to be with you.. you should be willing to jump through whatever hoops that would get you there. If that takes a big wedding ceremony because that is what the culture expects, then you do it.. if it's taking on the phone every day.. then you do it... if it takes making a gift to the family's mosque, you do it.. Keep your eye on the prize and you'll get there faster.. Edited by zyggy, 21 June 2006 - 02:18 PM.	zyggy	Not Telling	Canada	2006-06-21 14:12:00
Middle East and North Africa	OMG is my husband/Algerians out of the loop or what?!?!	The Greeks and the Turks...of course you know how that goes. shhhhh! Remember: it's 'greek coffee". You wouldn't believe the number of fights on that topic I've seen on the Usenet groups... Yeah.. when I was in Cyprus.. it was Cyrpus Coffee... chuckle... crazy stuff..	zyggy	Not Telling	Canada	2006-09-29 07:57:00
Middle East and North Africa	International travel on a Green Card	To me, the passport matching the green card are a seperate matter as to whether or not they will let her, as an Iranian, back into the US. It's highly unlikely that a British citizen had a tourist visa denied because his parents were Iranian. More likely, he was unable to prove to the CO's satisfaction that he was not planning to immigrate which is one of the key issues with a tourist visa. On the other hand, a green card holder who has not violated any of the conditions of his legal resident status wouldn't normally expect to encounter problems at the POE. If a person has a Green Card it means that they checked out and are A-OK as far as Homeland Security is concerned, The customs and Border Protection service (CBP POE) will let a person holding a green card pass, that is their job, they know that they are OK by the Department of Homeland Security, which is over the Customs and Border Protection department, and USCIS. CBP will not detain or turn away someone holding a green card issued by USCIS and DHS http://www.dhs.gov/x...ture/index.shtm (Notice USCIS, and CBP are listed as being part of DHS) The only persons who cannot be denied entry are US Citizens. Any alien can be denied entry to the US if the facts indicate that one is trying to enter the US under conditions that are not in conformance with the terms of the staus of which they are trying to enter. The only difference is that a Permanent Resident is given the opportunity to present their case before an immigration judge and the immigration judge will make the finding if one is inadmissible or not instead of CBP in the case of other aliens. For instance, an alien can be detained if they are determined to have abandoned their permanent resident status and permitted to make their case in front of an immigration judge on whether or not their PR status has been abandoned or not. Another example is one from real life... A PR and her dual citizen accomplice committed murder in Canada and went to the POE to enter the US to get away, but no warrant had been issued for their arrest at the time. When they arrived at the POE, the officer was suspicious about the couple due to some of the items in the car that were used in the murder. CBP was able to detain the PR card holder and her car long enough for the RCMP to issue the warrant, but had to let the USC go because there was no reason in terms of US immigration law to detain the USC.	zyggy	Not Telling	Canada	2006-11-22 14:00:00
Middle East and North Africa	part of my travel....	A Field Director (head guy in a district) is a GS-16 I believe (not sure on that but a CBP district generally follows the USCIS Districts, but not always) A Port Director is a GS-14 or GS-15, depending on the size of the port A Chief is a GS-13 or 14, depending on the size of the port A Supervisor is a GS-11 or GS-12 A CBP Officer with more than 5 years of experience is a GS-10 or GS-11 A CBP Officer is a GS-9 A Probationary Officer is a GS-7 An Entry Officer during training at FLETC is a GS-5 Edited by zyggy, 07 December 2006 - 01:15 PM.	zyggy	Not Telling	Canada	2006-12-07 13:14:00
Middle East and North Africa	part of my travel....	A high school friend of mine works for Homeland Security, and as part of the background check, they interviewed me as a character witness. They weren't rude or mean, but they definitely would try to throw me off-balance (by insinuating that my friend's mother, for example, was a ####### with a crack problem, just by slipping it in). They gauge whether you're a threat or being honest not so much by what you say, but by how you react to outrageous treatment. I'm really sorry that happened. Just keep in mind that they can't do much... what are they gonna do, deport you back to the U.S.? Yep.... by stating to the OP that her marriage was a sham and her husband wasn't getting into the US, they wanted to see how she reacted to that... If she fought like hell or cried or some other natural and expected emotional response to such a statement, that is an indication that you're telling the truth... a much better indication than anything else... a mere response can be crafted and molded... an true emotional response in response to something less so... Ah, so now we are dealing with highly trained individuals who understand all the psychological tip offs . . . like all the ones about how to tell someone is lying??? Granted I think some of them might be that good . . . but not sure about all of them . . . because it is a government agency and they can't pay enough to always have the best trained stuck in the airport customs/immigrations jobs!! Of course, I might not be keeping up with all the goings on of Homeland Security . . . so what do I know?? CBP Officers Actually get paid pretty well... people who leave CBP don't leave because of the pay and benefits... they usually leave because of the punishing schedule... CBP Officers go to 8 months of full time training before they even go to a port.. and then they do an additional 1 year of training on the job before they are a full officer. The psychological training and interrogation techniques are part of the training.... There are other officers who do additional training in psychology and interrogation and have advanced degrees in it... The majority of CBP officers are highly trained and college educated... The supervisors more so... My supervisor had a law degree and our Port Director had a PhD in Criminal Psychology... it was really interesting when you had the PD give an interrogation... And CBP pays very, very well for their supervisors and specialists... PD's make 6 figures... Supervisors make about $60 to $80k per year depending on their level... A Line Officer with more than 4 years of experience makes about $45k without overtime... Overtime pay pushes some very experienced line officers into the high 5 figures... Of course, I was at the 2nd biggest POE in the US.. so we might have been tilted a bit.. Those don't sound like "good money" salaries to me for someone highly trained and with a college degree AND experience. Chuckle... you don't get around much do you... Those are pretty decent salaries for this part of the country (Detroit)... you must live in California or something with those inflated salary scales due to the dot.com industry... There is a COLA multiplier for which part of the US you live in, so those numbers would be higher in CA or NY... Edited by zyggy, 07 December 2006 - 12:10 PM.	zyggy	Not Telling	Canada	2006-12-07 12:08:00
Middle East and North Africa	part of my travel....	A high school friend of mine works for Homeland Security, and as part of the background check, they interviewed me as a character witness. They weren't rude or mean, but they definitely would try to throw me off-balance (by insinuating that my friend's mother, for example, was a ####### with a crack problem, just by slipping it in). They gauge whether you're a threat or being honest not so much by what you say, but by how you react to outrageous treatment. I'm really sorry that happened. Just keep in mind that they can't do much... what are they gonna do, deport you back to the U.S.? Yep.... by stating to the OP that her marriage was a sham and her husband wasn't getting into the US, they wanted to see how she reacted to that... If she fought like hell or cried or some other natural and expected emotional response to such a statement, that is an indication that you're telling the truth... a much better indication than anything else... a mere response can be crafted and molded... an true emotional response in response to something less so... Ah, so now we are dealing with highly trained individuals who understand all the psychological tip offs . . . like all the ones about how to tell someone is lying??? Granted I think some of them might be that good . . . but not sure about all of them . . . because it is a government agency and they can't pay enough to always have the best trained stuck in the airport customs/immigrations jobs!! Of course, I might not be keeping up with all the goings on of Homeland Security . . . so what do I know?? CBP Officers Actually get paid pretty well... people who leave CBP don't leave because of the pay and benefits... they usually leave because of the punishing schedule... CBP Officers go to 8 months of full time training before they even go to a port.. and then they do an additional 1 year of training on the job before they are a full officer. The psychological training and interrogation techniques are part of the training.... There are other officers who do additional training in psychology and interrogation and have advanced degrees in it... The majority of CBP officers are highly trained and college educated... The supervisors more so... My supervisor had a law degree and our Port Director had a PhD in Criminal Psychology... it was really interesting when you had the PD give an interrogation... And CBP pays very, very well for their supervisors and specialists... PD's make 6 figures... Supervisors make about $60 to $80k per year depending on their level... A Line Officer with more than 4 years of experience makes about $45k without overtime... Overtime pay pushes some very experienced line officers into the high 5 figures... Of course, I was at the 2nd biggest POE in the US.. so we might have been tilted a bit.. Edited by zyggy, 07 December 2006 - 10:12 AM.	zyggy	Not Telling	Canada	2006-12-07 10:01:00
Middle East and North Africa	part of my travel....	A high school friend of mine works for Homeland Security, and as part of the background check, they interviewed me as a character witness. They weren't rude or mean, but they definitely would try to throw me off-balance (by insinuating that my friend's mother, for example, was a ####### with a crack problem, just by slipping it in). They gauge whether you're a threat or being honest not so much by what you say, but by how you react to outrageous treatment. I'm really sorry that happened. Just keep in mind that they can't do much... what are they gonna do, deport you back to the U.S.? Yep.... by stating to the OP that her marriage was a sham and her husband wasn't getting into the US, they wanted to see how she reacted to that... If she fought like hell or cried or some other natural and expected emotional response to such a statement, that is an indication that you're telling the truth... a much better indication than anything else... a mere response can be crafted and molded... an true emotional response in response to something less so... Edited by zyggy, 07 December 2006 - 09:51 AM.	zyggy	Not Telling	Canada	2006-12-07 09:50:00
Middle East and North Africa	part of my travel....	Weird. I've been running back and forth to the ME and NA for decades, but I've never been interrogated. Maybe they don't bother Arab women that much? Me, too, and I'm not arab, but married to a Moroccan, and still I've never had this happen to me. My husband is treated with respect in San Francisco as well, even when he has poufs and rugs in his bags! I don't think Morocco is high on the problem list.... Right now, travel to Lebanon, Syria, Iraq, Pakistan, i.e the problem spots at the moment, are being more scrutinized than travel to other parts of the ME/NA And I for one would love to be on the receiving end of one of those rugs... and I'm sure the CBP guy would too Edited by zyggy, 07 December 2006 - 09:22 AM.	zyggy	Not Telling	Canada	2006-12-07 09:19:00
Middle East and North Africa	part of my travel....	I don't think it's for anyone's safety to act like a fuc!o. She did not have to be interrogated that way at all. If they had questions, they could ask them like human beings. She is a USC after all, she has a right to enter the country even if she'd been in **gasp** Cuba! Umm no.. people do not tell the truth when they are being questioned nicely... People let the truth slip out or give indications that are not telling the truth when they are under pressure or are angry... Sorry, but that's human nature and while unpleasant, CBP needs to what they have to do to determine the truth... It is not common these days for a USC to take frequent trips to the ME... especially Lebanon at this point in time. While the OP had a legitimate reason to travel and that fact did come out, the truth is that there are countless others whose reasons for travel to Lebanon are likely a bit more sinister. That's who the CBP is looking out for... I think that is hard for some ppl to see . . . and no one likes to be on the end of an "interrogation" like questioning even if you do understand that there are others out there with more nefarious intent in their travel. I can understand someone having to do their job, but I wonder what the tip-off is to them that indicates they need to lean on one person and not another?? Out right badgering is difficult to take when all you did was take a little trip to visit a relative. Most of the normal everyday citizen would have a harder time coping with this than say, ummmm, the person with nefarious intent. Because that person understands the game that is being played . . . most of us don't have a clue. Unfortunately, it seems that we do live in a time where our "rights" are getting a bit trampled for the sake of security. Agreed.... it is not nice or easy to be on the receiving end of this.... There can be many tip-offs... frequency of travel, places of travel, their facial expressions and body language when being questioned in primary, the answers to questions, etc. Each factor is a piece of the puzzle... I agree that most people do not have a clue... that's why I'm resonding.. so that you do have a clue of what is going on and why it is being done and to not take it personally...	zyggy	Not Telling	Canada	2006-12-07 09:16:00
Middle East and North Africa	part of my travel....	I don't think it's for anyone's safety to act like a fuc!o. She did not have to be interrogated that way at all. If they had questions, they could ask them like human beings. She is a USC after all, she has a right to enter the country even if she'd been in **gasp** Cuba! Umm no.. people do not tell the truth when they are being questioned nicely... People let the truth slip out or give indications that are not telling the truth when they are under pressure or are angry... Sorry, but that's human nature and while unpleasant, CBP needs to what they have to do to determine the truth... It is not common these days for a USC to take frequent trips to the ME... especially Lebanon at this point in time. While the OP had a legitimate reason to travel and that fact did come out, the truth is that there are countless others whose reasons for travel to Lebanon are likely a bit more sinister. That's who the CBP is looking out for...	zyggy	Not Telling	Canada	2006-12-06 16:53:00