NOID

[~Jess~ 0]

well there ya got it................got an email from the congress person we were workin with, as well as the embassy itself......they sent us a Notice of Intent to Deny. read below....

NOTICE OF INTENT TO DENY PETITION TO CLASSIFY STATUS

OF ALIEN RELATIVE FOR ISSUANCE OF IMMIGRANT VISA

Dear Mrs. Yammine:

On February22,2006, you filed a petition (ponn 1-130)to accord the beneficiary, Georges

Haress Yammine, visa benefits as the spouse of a United States citizen. You filed this visa

petition at the American Embassy at Beirut, Lebanon, and subsequently the visa petition

was forwarded to this office for further processing because the Embassy detennined that

your petition was not clearly approvable.

A review of Mr. Yammine's prior immigration record reflects that Mr. Yammine is

ineligible to receive a visa based on his prior conviction for marriage fraud. Mr.

Yammine's alien file shows that he was convicted of marriage fraud in the U.S. District

Court of the Northern District of New York on December 12,2003. According to

regulations at 8 Code of Federal Regulations 204.2(a)(ii): "Section 21O©of the

[inunigration and Nationality] Act prohibits the approval of a visa petition filed on behalf

of an alien who has attempted or conspired to enter into a marriage for the purpose of

evading the immigration laws." The regulations specify that the evidence of fraud, in

addition to being part of the alien file, must be "substantialand probative," though not

necessarily resulting in a conviction and regardless of whether the alien received a benefit

through his attempted fraud.

Because of the above facts, you are hereby served with this notice of this office's intention

to deny the visa petition you submitted on behalf of the beneficiary. You have thirty (30)

days from the date of this letter within which to submit evidence to overcome the grounds

set forth for denial of the visa petition. Failure to respond to this notice or failure to

submit new evidence within thirty days or such additional time granted at your request will

result in the denial of your visa petition.

Sincerely yours,

.»~/f~

Georgia Papas

Officer in Charge

cc: AmEmbassy Beirut, Lebanon

well obviously i cant submit anything to 'overcome' those things so i guess we are SOL for trying to go back to the States together

[iceyspots 0]

OMG! That is terrible...

What would you need to show as evidence?

[~Jess~ 0]

i have no clue. they have his file they know his file so im assuming they wont accept anything and that is just a standard form they send.

[noura 0]

Jess, I'm so sorry that just sucks big time. My prayers go out to you and George. Stay strong, perhaps something will show itself to you as evidence. I hope that you are together again soon, whether it be here or there.

Noura

[morocco4ever 63]

Why would you give up? They are giving you a chance to prove your case, why not take it? Send in everything you have as proof, but most important letters of support from family and friends.

[meauxna 15]

Well dang. I didn't know your history---did someone lead you to believe that you'd ever be able to successfully petition Georges? Is there a waiver available after any time for this (assuming you two conceed the original charge and aren't trying to fight *that*)? In other words, is this a forever deal, once the conspiracy determination was made?

Link to the quoted law:

http://tinyurl.com/jm4qs

(ii) Fraudulent marriage prohibition. Section 204© of the Act prohibits the approval of a visa petition filed on behalf of an alien who has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws. The director will deny a petition for immigrant visa classification filed on behalf of any alien for whom there is substantial and probative evidence of such an attempt or conspiracy, regardless of whether that alien received a benefit through the attempt or conspiracy. Although it is not necessary that the alien have been convicted of, or even prosecuted for, the attempt or conspiracy, the evidence of the attempt or conspiracy must be contained in the alien's file.

[LaL 418]

Slightly OT

Jess - are you also aware the difficulty of immigrating to Canada? Have you tried to pass the *test*? I mean I would have to guess that YOU would need to immigrate to Canada and petition George to follow. I am unsure if the issue he created in the US would weigh at all in Canada.

[~Jess~ 0]

k ill try to answer all questions...........We were told by the deportation officer that his case would be waivable with an I601 but that would require getting a I130 approved EHHHH!....

im not saying we are 'giving up' but seems like there isnt much to prove huh. We will send in all the marriage proof for OUR marriage, but it basically seems they are only lookin at his previous case. We have plenty of proof for our marriage.

As far as Canada, we have already looked into it. He cant apply til Nov 2008 he paid a lawyer a fee to check that out for us, because of his case in the US. He will have enough points if he has a job offer. I dont have enough points because i dont speak french. soooooooooooooo if this fails we will do that. seems like the next best thing. George is a cook and they are always looking for cooks.

[babybunny 2]

k ill try to answer all questions...........We were told by the deportation officer that his case would be waivable with an I601 but that would require getting a I130 approved EHHHH!....

im not saying we are 'giving up' but seems like there isnt much to prove huh. We will send in all the marriage proof for OUR marriage, but it basically seems they are only lookin at his previous case. We have plenty of proof for our marriage.

As far as Canada, we have already looked into it. He cant apply til Nov 2008 he paid a lawyer a fee to check that out for us, because of his case in the US. He will have enough points if he has a job offer. I dont have enough points because i dont speak french. soooooooooooooo if this fails we will do that. seems like the next best thing. George is a cook and they are always looking for cooks.

you could check other countries in South america..

that way you are still closer to your family.plus its tropical.

[LaL 418]

As far as Canada, we have already looked into it. He cant apply til Nov 2008 he paid a lawyer a fee to check that out for us, because of his case in the US. He will have enough points if he has a job offer. I dont have enough points because i dont speak french. soooooooooooooo if this fails we will do that. seems like the next best thing. George is a cook and they are always looking for cooks.

I would hope *cook* means *chef*. If you have read up at all about Canada, they are super-saturated in many areas with overqualified immigrants. I would try to improve your situation as your *in* for Canada as probably wouldn't be best just by hopes of a job offer while there is a pretty high unemployment rate.

[~Jess~ 0]

chef, cook, cook for 10+ yrs same thing in my mind. we have a lawyer we are workin with thanks for the heads up

[Visa4habibi! 0]

Sorry about what's happening. But what about consulting a lawyer and try to give them something in those 30 days that might help? There could actually be something that'd work for you, who knows. Just try, what's the worst that could happen? You have to pay and you'll get the 'no', but at least you'll try.

Hope something works for both of you.

Are you still there or did you come back to U.S.? I'm not sure I've read anything about that.

Tanya

[meauxna 15]

k ill try to answer all questions...........We were told by the deportation officer that his case would be waivable with an I601 but that would require getting a I130 approved EHHHH!....

That is what seems so weird... that portion of the law says he can never have a petition approved for him?

[babybunny 2]

chef, cook, cook for 10+ yrs same thing in my mind. we have a lawyer we are workin with thanks for the heads up

a cook and a chef is NOT the same thing.

my sister is a chef. she travels all over the world cooking the most wonderful flavors.

if he is truely a chef. consider a job in another country where is talent is appreciated.

my sister just landed a job at a famous resort in the bahamas.

Beaches and reggie all day long. she loves it..

[~Jess~ 0]

chef, cook, cook for 10+ yrs same thing in my mind. we have a lawyer we are workin with thanks for the heads up

a cook and a chef is NOT the same thing.

my sister is a chef. she travels all over the world cooking the most wonderful flavors.

if he is truely a chef. consider a job in another country where is talent is appreciated.

my sister just landed a job at a famous resort in the bahamas.

Beaches and reggie all day long. she loves it..

Great for your sister. i dont consider george a 'chef' because he doesnt have any 'official' school training but he has certificates working with top chefs in saudi as well as uae, certifying him. he has been in the profession for well over 10yrs now I think the lawyer in canada knows what he is talkin about.

alrighty. yea so anyway no we arent giving up life will go on. seems pretty shitty that i find out so far away from him. we are going to submit all we can. George has a lawyer that he used in his withholding case before he left i have asked her for advice as well as emailing the person direct at the embassy that told me to email them direct with questions and concerns. so no its not a full outright no yet but we will see what happens i guess............

thanks for all the support to those who offered it