VISA DENIED IN PERU HELP ME!! CONFUSED

[phirephly 0]

eludy... another question for you that may be helpful for the rest of us (though unfortunately not so much for you).. what did she mean by your answers didn't match up? did someone tell a little fib? were there trick questions? what kinds of things were they asking y'all separately?

[aussiewench 9]

eludy... another question for you that may be helpful for the rest of us (though unfortunately not so much for you).. what did she mean by your answers didn't match up? did someone tell a little fib? were there trick questions? what kinds of things were they asking y'all separately?

From previous members stories it can be something simple as 'when was the first time you kissed' and they gave a different date. So doesn't mean anyone lied, just means they couldnt remember an exact date. Something that could happen with any one of us. I dont know that I could say an exact date if it hadnt been on the day I flew into the US to meet my now Hubby. Some Conofs at some embassies have been known to ask the most personal questions. Luckily these stories are not very common, but they have happened at times when the US partner is present at interview.

[dmartmar 1]

PD: I was overstay in USA 4 years and the consul never told me about that only DIFFERENTS ANSWERS, NOT NEED WAIVER 601. why????

Has anyone analyzed what the above could imply?

Regardless of whom was interviewed separately or together, by reading the above statement it'd seem to me as if the OP lied to the Consul regarding her overstay. It wasn't, nor isn't the Consul's responsibility to mention the overstay to the OP! Instead, it should've been the OP's responsibility to tell the Consul of her overstay!

Which would (I assume) justify her denial, which would in turn "perhaps" show "immigrant" intent on her behalf this time around, by trying to circumvent our US Immigration Laws!

Did anyone miss that or could I be wrong?

If this is the case, an appeal would seem highly unlikely to be successful.

Edited February 15, 2006 by dmartmar

[aussiewench 9]

PD: I was overstay in USA 4 years and the consul never told me about that only DIFFERENTS ANSWERS, NOT NEED WAIVER 601. why????

Has anyone analyzed what the above could imply?

Regardless of whom was interviewed separately or together, by reading the above statement it'd seem to me as if the OP lied to the Consul regarding her overstay. It wasn't, nor isn't the Consul's responsibility to mention the overstay to the OP! Instead, it should've been the OP's responsibility to tell the Consul of her overstay!

Which would (I assume) justify her denial, which would in turn "perhaps" show "immigrant" intent on her behalf this time around, by trying to circumvent our US Immigration Laws!

Did anyone miss that or could I be wrong?

If this is the case, an appeal would seem highly unlikely to be successful.

I guess that would depend on how one interprets the comment. The Conof may have been told of that by the OP, she doesnt appear to hide the fact that she was aware she would need a waiver........ but because of descrepencies he found in their answers he denied the visa on those grounds. By saying no to the need for a 601 would be correct in this instance as until an appeal is successful and it is routed back to the Embassy, the option of a waiver wouldnt be there.

[Chalaca 0]

You were both interviewed? I havent heard of this too much.

Yes, jennieh interview for me and my hubby separate.[/b]

eludy... another question for you that may be helpful for the rest of us (though unfortunately not so much for you).. what did she mean by your answers didn't match up? did someone tell a little fib? were there trick questions? what kinds of things were they asking y'all separately?

hi phirephly , the consul told me about my personal life with him: example: where did you take dinner yesterday? do you have a pet? name? when your hubby gets divorce? i didn´t remember that date, what is his email? i know that! but i don´t understand whyyy she told me differents answers, my hubby was very sad with her because in my opinion she doesn´t believe us because my hubby is 56 years old and i´m 29 what do you thing???

sorry my english is not good but I try.

I guess that would depend on how one interprets the comment. The Conof may have been told of that by the OP, she doesnt appear to hide the fact that she was aware she would need a waiver........ but because of descrepencies he found in their answers he denied the visa on those grounds. By saying no to the need for a 601 would be correct in this instance as until an appeal is successful and it is routed back to the Embassy, the option of a waiver wouldnt be there.

thanks for your help with my case. do you think that after appeal i had to do a waiver I-601 for overstay? how long take all process??

thanks again,

Eludy

[phirephly 0]

eludy... another question for you that may be helpful for the rest of us (though unfortunately not so much for you).. what did she mean by your answers didn't match up? did someone tell a little fib? were there trick questions? what kinds of things were they asking y'all separately?

From previous members stories it can be something simple as 'when was the first time you kissed' and they gave a different date. So doesn't mean anyone lied, just means they couldnt remember an exact date. Something that could happen with any one of us. I dont know that I could say an exact date if it hadnt been on the day I flew into the US to meet my now Hubby. Some Conofs at some embassies have been known to ask the most personal questions. Luckily these stories are not very common, but they have happened at times when the US partner is present at interview.

That's what I was concerned about... if it's something as simple as "What did you have for lunch the 9th day you were there?", etc. I wasn't trying to imply that she would be lying, but as you mentioned, and as I've heard before, the questions can get very personal... definitely none of their business which would encourage a polite or shy person to maybe fudge a little bit. That's why I asked... definitely the people here can understand what it's like to have to wait to see someone they really love!

eludy... another question for you that may be helpful for the rest of us (though unfortunately not so much for you).. what did she mean by your answers didn't match up? did someone tell a little fib? were there trick questions? what kinds of things were they asking y'all separately?

hi phirephly , the consul told me about my personal life with him: example: where did you take dinner yesterday? do you have a pet? name? when your hubby gets divorce? i didn´t remember that date, what is his email? i know that! but i don´t understand whyyy she told me differents answers, my hubby was very sad with her because in my opinion she doesn´t believe us because my hubby is 56 years old and i´m 29 what do you thing???

sorry my english is not good but I try.

Yikes. does sound very not nice how she made it so difficult for you. The thing that's helped me the most for remembering the things that happened in my wife's life before I was in it was having to fill out all those forms. If I hadn't done that, I bet I would be in the same situation (still trying to remember all the family names, and i've only met a few!). Hopefully you'll do much better next time Yeah, I've heard that a significant age difference can be a red flag, but hopefully you'll prove them wrong!

[dmartmar 1]

I guess that would depend on how one interprets the comment. The Conof may have been told of that by the OP, she doesnt appear to hide the fact that she was aware she would need a waiver........ but because of descrepencies he found in their answers he denied the visa on those grounds. By saying no to the need for a 601 would be correct in this instance as until an appeal is successful and it is routed back to the Embassy, the option of a waiver wouldnt be there.

I disagree. Again and whether interviewed together or separately, it still was the OP's full responsibility to mention her overstay to the Counsel, instead of her hubby's.

I am almost 100% positive the visa was denied based on the above ground and not on any contradictory answers both might've given to the Counsel's questions, such as; "when did you first kiss" or "how did you meet?," etc.

I also find it truly absurd that some of you posters who have so far commented on the OP's concern, would've expected the Counsel to advice and tell the OP how to appeal his recently made visa denial decision, by suggesting she use a waiver to do so. The least thing I would assume he'd do is advice the OP how to circumvent US Immigration Laws through a waiver. And she apparently knew she needed a waiver anyway before even attending the interview, according to your (aussiewench) quoted comment above.

So if she indeed knew she needed a waiver before the interview, why did she go anyway? I mean, looks to me like she tried to attempt getting away with murder w/o the use of the waiver.

[aussiewench 9]

I guess that would depend on how one interprets the comment. The Conof may have been told of that by the OP, she doesnt appear to hide the fact that she was aware she would need a waiver........ but because of descrepencies he found in their answers he denied the visa on those grounds. By saying no to the need for a 601 would be correct in this instance as until an appeal is successful and it is routed back to the Embassy, the option of a waiver wouldnt be there.

I disagree. Again and whether interviewed together or separately, it still was the OP's full responsibility to mention her overstay to the Counsel, instead of her hubby's.

Show me where she states she did not tell the Conof that there was an overstay. All she states was that he made no mention to her about needing the waiver for the overstay 'I was overstay in USA 4 years and the consul never told me about that only DIFFERENTS ANSWERS, NOT NEED WAIVER 601. why????'

I am almost 100% positive the visa was denied based on the above ground and not on any contradictory answers both might've given to the Counsel's questions, such as; "when did you first kiss" or "how did you meet?," etc.

I also find it truly absurd that some of you posters who have so far commented on the OP's concern, would've expected the Counsel to advice and tell the OP how to appeal his recently made visa denial decision, by suggesting she use a waiver to do so. The least thing I would assume he'd do is advice the OP how to circumvent US Immigration Laws through a waiver. And she apparently knew she needed a waiver anyway before even attending the interview, according to your (aussiewench) quoted comment above

So if she indeed knew she needed a waiver before the interview, why did she go anyway? I mean, looks to me like she tried to attempt getting away with murder w/o the use of the waiver..

Waivers are given for overstays so I have no idea what you are getting at. One goes to the interview....the visa is denied on grounds of inadmissability because of the overstay and then the Conof will tell the applicant they need to apply for a waiver (under section 212(d)(3) The conofs are quite aware of the procedures If there are other other grounds such as the OP describes (and I might add other members have been denied on same issues) then the petition will be denied...sent back to DHS and only then if it is deemed the Conof had no grounds for revocation of the petition or if an appeal is successful by the petitioner, then the petition will be rerouted back to the original embassy where a waiver will then need to be applied for by the applicant (beneficiary) for the overstay.

[dmartmar 1]

Show me where she states she did not tell the Conof that there was an overstay. All she states was that he made no mention to her about needing the waiver for the overstay.

And do you actually believe and expect for the Counsel to mention to her that a waiver was/is needed for the overstay, when he just finished denying her a visa?

I can't imagine him telling her: "well, I have to deny you your visa, but if you do this or that (waiver), you can appeal and override my decision."

Highly unlikely.

[aussiewench 9]

Show me where she states she did not tell the Conof that there was an overstay. All she states was that he made no mention to her about needing the waiver for the overstay.

And do you actually believe and expect for the Counsel to mention to her that a waiver was/is needed for the overstay, when he just finished denying her a visa?

I can't imagine him telling her: "well, I have to deny you your visa, but if you do this or that (waiver), you can appeal and override my decision."

Highly unlikely.

And where did she state that. She knew of the overstay....knew she would need a waiver (she mentions them in her original post) All she was asking was why he didnt make any mention of that, only of the denial on other grounds. She NEVER suggested a waiver would be mentioned by the Conof to over-ride his denial on other grounds. I suggest you go back and read her opening post and know a little more about the waiver process before spouting off inuendos.

Edited February 16, 2006 by aussiewench

[zyggy 9]

Show me where she states she did not tell the Conof that there was an overstay. All she states was that he made no mention to her about needing the waiver for the overstay.

And do you actually believe and expect for the Counsel to mention to her that a waiver was/is needed for the overstay, when he just finished denying her a visa?

I can't imagine him telling her: "well, I have to deny you your visa, but if you do this or that (waiver), you can appeal and override my decision."

Highly unlikely.

And where did she state that. She knew of the overstay....knew she would need a waiver (she mentions them in her original post) All she was asking was why he didnt make any mention of that, only of the denial on other grounds. She NEVER suggested a waiver would be mentioned by the Conof to over-ride his denial on other grounds. I suggest you go back and read her opening post and know a little more about the waiver process before spouting off inuendos.

Peru is one of the consulates where there is a de facto requirement that the USC be there for the interview. If the USC is not there, they just hold the case in AR until the USC can appear. Is it fair, no, but it is the reality in Lima.

It appears that the OP and her husband were not answering the questions right. In reality, if you don't know the specific details of an answer, the response should be I don't recall instead of trying to answer the question.

But the damage has been done. The OP and her husband now need to speak with an immigration attorney and take the fight to the service center to get them to send it back to the consulate. Start gathering all the evidence you can about the genuine nature of the relationship to send top the service center. Your attonrey will be able to help both of you in analyzing the evidence and choose the best evidence to submit.

I'm sorry to say that you are no longer in DIYland. You really need very experienced professional help.

[Traviesa 0]

Just to clear up a few things, because we are also going through a similar situation where the Visa was denied and we were not even given the opportunity to file a Waiver. When the Visa is denied for some other reason, that's pretty much the end of the road. They won't even allow you to file a Waiver, regardless of what the circumstances. The CO's decision is final. The Waivers can be filed only by those eligible to file. It appears that the CO found the OP ineligible to file. The only way to overcome a CO's decision is to file either 1) Advisory Opinion with the Department of State...or 2) Motion to Reconsider with the Consulate.

[Chalaca 0]

I'm sorry to say that you are no longer in DIYland. You really need very experienced professional help.

my hubby will make a letter for appeal with a lawyer. thanks!!!!

[Martin11581 0]

ANY UPDATES ON YOUR CASE??

[Dylan'sWife 2]

Show me where she states she did not tell the Conof that there was an overstay. All she states was that he made no mention to her about needing the waiver for the overstay.

And do you actually believe and expect for the Counsel to mention to her that a waiver was/is needed for the overstay, when he just finished denying her a visa?

I can't imagine him telling her: "well, I have to deny you your visa, but if you do this or that (waiver), you can appeal and override my decision."

Highly unlikely.

I think the OP's original point was that she was denied the visa because the consular thought she and her husband gave different answers. She was not denied because of the overstay. What aren't you getting?