denied k-1 visa

[cherrylovekalbs 4]

Well we met on Facebook in October of 2009, and we contacted each other by phone, email and via web cam. We talk to each other every day since the first day we started communicating on Facebook.I have made one visit to see my fiancé, for 21 days. I had used my vacation time for 2010, so I would not be able to go till 2011. My fiancé is 34 years old and I'm 36 years old.

Thanks for responding

"Immigration practices discrimination in rejecting older woman(petitioner) who have younger spouses while letting old men bring in females that are years younger than their own children"

Edited October 28, 2010 by cherrylovekalbs

[Dan Nguyen 3]

The back and forth is a gigantic waste of time. What happens if the consulate deny again? Are we suppose to just sit and wait while they go back and forth? What's the rules for this?

[yassinerabat1 14]

Well we met on Facebook in October of 2009, and we contacted each other by phone, email and via web cam. We talk to each other every day since the first day we started communicating on Facebook.I have made one visit to see my fiancé, for 21 days. I had used my vacation time for 2010, so I would not be able to go till 2011. My fiancé is 34 years old and I'm 36 years old.

Thanks for responding

i guess its that, meet in october 2009 and send the case for the K1 just after, you start the process before you meet or fews weeks after you meet, its a red flag.

[RightClicK 17]

I dunno whats wrong with the denials lately...All i can say is sorry to hear that..I wish the best for you.

[Otto 83]

**A posted document containing personal information has been removed in order to retain the member's privacy.

[moroccogirlny 100]

My FIANCÉ HAD HIS INTERVIEW ON 10/26/2010 AND WAS DENIED THE VISA. ACCORDING TO THE LETTER THAT THEY GAVE HIM HE WAS DENIED UNDER SECTION 221g. FROM WHAT MY FIANCÉ SAID HE BELIEVED THAT WE WERE DENIED BECAUSE THE OFFICER DIDN'T BELIEVE WE HAVE A BONA FIDE RELATIONSHIP. HE HAD ALL THE REQUIRED DOCUMENTS AND EVIDENCE SUCH AS EMAILS, CALL LOGS, MSN, CHAT AND PHOTOS. TODAY I EMAILED THE EMBASSY REQUESTING THAT THAT THE CHIEF IMMIGRATION OFFICER REVIEW THE APPLICATION. THIS IS VERY FRUSTRATING ..... IF ANYONE HAS ANY ADVICE ID APPRECIATE IT.

You might want to check out this topic: Sent back to USCIS

Also there is a Middle East North Africa forum where you'll find many like yourself in the same situation.

[Golden Gate 530]

My FIANCÉ HAD HIS INTERVIEW ON 10/26/2010 AND WAS DENIED THE VISA. ACCORDING TO THE LETTER THAT THEY GAVE HIM HE WAS DENIED UNDER SECTION 221g. FROM WHAT MY FIANCÉ SAID HE BELIEVED THAT WE WERE DENIED BECAUSE THE OFFICER DIDN'T BELIEVE WE HAVE A BONA FIDE RELATIONSHIP. HE HAD ALL THE REQUIRED DOCUMENTS AND EVIDENCE SUCH AS EMAILS, CALL LOGS, MSN, CHAT AND PHOTOS. TODAY I EMAILED THE EMBASSY REQUESTING THAT THAT THE CHIEF IMMIGRATION OFFICER REVIEW THE APPLICATION. THIS IS VERY FRUSTRATING ..... IF ANYONE HAS ANY ADVICE ID APPRECIATE IT.

How long was it between when you met him and when you applied for the visa?

[Golden Gate 530]

"Immigration practices discrimination in rejecting older woman(petitioner) who have younger spouses while letting old men bring in females that are years younger than their own children"

They are only two years apart

[JimVaPhuong 4,863]

"Immigration practices discrimination in rejecting older woman(petitioner) who have younger spouses while letting old men bring in females that are years younger than their own children"

Consulates are allowed to consider local social customs and norms when they evaluate the bona fides of a relationship. Older men marrying younger women is relatively common in the Philippines. Older women marrying younger men is not very common in Morocco. In this case, the age difference was only two years. I doubt it was a significant factor in their denial.

The back and forth is a gigantic waste of time. What happens if the consulate deny again? Are we suppose to just sit and wait while they go back and forth? What's the rules for this?

It's a battle between two agencies of the US government who have competing authority. USCIS adjudicates petitions based on fairly well defined criteria. The consulate handles visa applications, which includes evaluating the bona fides of the relationship, which is much more subjective. The process doesn't end when a consulate denies a visa. As long as there is an approved petition then there is a presumption that the beneficiary is eligible to apply for a visa. The consulate doesn't have the authority to revoke the approval of the petition after they deny a visa, so they send the petition back to USCIS with the recommendation that the approval be revoked. Department of State policy is that the consulate can only do this if they have new evidence that, if USCIS had known about it, would have resulted in the petition being denied initially, or if the consulate believes USCIS clearly erred based on evidence which was known when the petition was approved. USCIS sometimes disagrees with the consulate's assertion that the petition never should have been approved, and they reaffirm the petition approval. Other times they agree with the consulate's assessment, and that's when they send a notice of intent to the petitioner.

When Congress crafted the laws I think their intention was both practical and to add a sense of fairness to the process. It's practical because USCIS doesn't have offices in every country in the world where they could interview beneficiaries, and isn't in a position to understand local social customs, whereas Department of State has embassies, consulates, and US interest sections in most countries in the world. It adds a sense of fairness because the process isn't entirely controlled by one department of the US government. I don't think Congress anticipated that the two agencies would be competing for authority, and that US citizens and their foreign fiancee's and spouses would be caught in the middle.

[agv1974 2]

i guess its that, meet in october 2009 and send the case for the K1 just after, you start the process before you meet or fews weeks after you meet, its a red flag.

I sent the application in june 2010.

[yassinerabat1 14]

I sent the application in june 2010.

i dont think you have a probleme in your case, but you did sent the application just fews mounths after meet the first time in internet i mean october 2009,

you meet the first time october 2009 you pass the interview october 2010, i guess so you shuld take your time to know each others more then that cuz its a life that you will share the rest of your life. they like to see couple that been together 2 years and more

Edited October 28, 2010 by yassinerabat1

[agv1974 2]

i dont think you have a probleme in your case, but you did sent the application just fews mounths after meet the first time in internet i mean october 2009,

you meet the first time october 2010 you pass the interview october 2010, i guess so you shuld take your time to know each others more then that cuz its a life that you will share the rest of your life.

We met on face book oct. 2009 and i filed the application june 2010.

[Golden Gate 530]

We met on face book oct. 2009 and i filed the application june 2010.

On the US immigration website for Morocco, it specifically warns people about visa fraud and suggests that you get to know your SO for at least one year. It's possible that they took this into account when considering your application. Who knows, but this is a consideration.

[agv1974 2]

On the US immigration website for Morocco, it specifically warns people about visa fraud and suggests that you get to know your SO for at least one year. It's possible that they took this into account when considering your application. Who knows, but this is a consideration.

[agv1974 2]

Well we are going to continue with the next step which is to wait for the application to get back to USCIS. And maybe contact an attorney.