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Tragedy! Visa Denied!

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Filed: Timeline

No, she is NOT a consular officer. The lady at Windows #30 simply hands out white slips of visa denials and explain to people the reason written on the printed white form. She makes no decisions and has no input on any case whatsoever, and has zero authority. She is just a local employee hired to do a job that an automatic computer can do much better. It was very rude for her to ask me to "leave immiediately".

After the IV unit repeatedly responded to my webmail inquiry that they can not break their new rule of not to meet individual petitioner any more, and repeated request that I bear patience with them as they are doing the administrative processing on our case, I figure I will not insist on a personal meeting. Afterall my document has already been delivered as well as any message I want to convoy, as well as the fact that I made the trip to Guangzhou and stayed in the Consular building for a whole afternoon. I don't want to irritate them un-necessarily. The responses so far are very positive and they have given all indication that at the end of administrative processing, it's very likely they will give my wife another interview, or maybe a visa could be granted directly.

The visa denial clause was 221(g), which I understand encapsulate all cases where not enough documentation is presented, or the visa applicant has not demonstrated the case enough during interview. There was no other clause other than 221(g), and other than the mention of the phrase non-bona fide relationship.

Let's wait and see what happens next.

If she was an employee of the embassy, she has more authority over the internal processes than you do. It is up to a consular official to decide whether or not they wish to speak with an American spouse...it is NOT something you control, nor do you have any authority to 'demand' such a thing. That's why there are consular officials, who have been trained to do the job and have far more experience interviewing people than you do.

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

She is a consular officer...and you are not....she has regulatory authority within the embassy....you do not....period. Your opinion on such matters is not relevant.

Ok I have been following up your story. I thought as an American we have certain rights.

which are those? Anybody?

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Filed: Timeline

Ok I have been following up your story. I thought as an American we have certain rights.

which are those? Anybody?

While we as Americans have many rights, one we don't have is to tell the consular officials/employees what to do. There are certain protocols within an embassy, which are regulated and controlled by embassy personnel, not by Joe Blow from AnywhereVille to decide.

Matters concerning visa interviews are private, protected by law. If a consular official wishes to interview the American spouse, that is up to that official, NOT up to the American spouse. If a consular official has doubts about a case, that official will decide how to resolve them, NOT the American spouse. W

While an American spouse has the right to file an immigrant visa petition ("pursuit of happiness"), there is NO right that states specifically that the foreign spouse is automatically entitled to said visa, a fact many forget (or perhaps, never knew).

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Filed: Other Country: China
Timeline

While we as Americans have many rights, one we don't have is to tell the consular officials/employees what to do. There are certain protocols within an embassy, which are regulated and controlled by embassy personnel, not by Joe Blow from AnywhereVille to decide.

Matters concerning visa interviews are private, protected by law. If a consular official wishes to interview the American spouse, that is up to that official, NOT up to the American spouse. If a consular official has doubts about a case, that official will decide how to resolve them, NOT the American spouse. W

While an American spouse has the right to file an immigrant visa petition ("pursuit of happiness"), there is NO right that states specifically that the foreign spouse is automatically entitled to said visa, a fact many forget (or perhaps, never knew).

The above is all correct (Well, except the OP is dealing with a Consulate, not an Embassy.) but I'll add that it is the foreigner that is applying for a visa based on an approved petition filed by the US Citizen. Once the petition is approved, the visa application filed by the foreigner is a private matter between Consular Officers and the individual applicant. Just as a spouse doesn't have an automatic right to have a doctor discuss the health issues of their spouse, neither does the USC spouse have a right to discuss private matters regarding their foreign spouse's visa application. Consular Officers will generally consider anything put before them, but they are not required to serve at the bidding of US Citizens. If they meet with you, they have extended a courtesy, not responded to a right.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

The above is all correct (Well, except the OP is dealing with a Consulate, not an Embassy.) but I'll add that it is the foreigner that is applying for a visa based on an approved petition filed by the US Citizen. Once the petition is approved, the visa application filed by the foreigner is a private matter between Consular Officers and the individual applicant. Just as a spouse doesn't have an automatic right to have a doctor discuss the health issues of their spouse, neither does the USC spouse have a right to discuss private matters regarding their foreign spouse's visa application. Consular Officers will generally consider anything put before them, but they are not required to serve at the bidding of US Citizens. If they meet with you, they have extended a courtesy, not responded to a right.

I understand the point of Dr. is not able to discuss the health issues about my spouse.(HIPPA Violation) However, I(as a petitioner)if the consulate have/had any doubt about my intentions (as an American)I (petitioner) have to disclose a lot of information,and other people such as friends, co-worker,and family to fulfill my happiness.Then,who will trust me? If my own country do not trust me ?

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

The above is all correct (Well, except the OP is dealing with a Consulate, not an Embassy.) but I'll add that it is the foreigner that is applying for a visa based on an approved petition filed by the US Citizen. Once the petition is approved, the visa application filed by the foreigner is a private matter between Consular Officers and the individual applicant. Just as a spouse doesn't have an automatic right to have a doctor discuss the health issues of their spouse, neither does the USC spouse have a right to discuss private matters regarding their foreign spouse's visa application. Consular Officers will generally consider anything put before them, but they are not required to serve at the bidding of US Citizens. If they meet with you, they have extended a courtesy, not responded to a right.

Well I understand they have to do what they have to do.. B-)

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Filed: Other Country: China
Timeline

I understand the point of Dr. is not able to discuss the health issues about my spouse.(HIPPA Violation) However, I(as a petitioner)if the consulate have/had any doubt about my intentions (as an American)I (petitioner) have to disclose a lot of information,and other people such as friends, co-worker,and family to fulfill my happiness.Then,who will trust me? If my own country do not trust me ?

A common misunderstanding is that findings of a non bona fide relationship are tied to concerns about the US Citizen's intentions. The Consular Officer must protect the privacy of the foreigner, even when it is a spouse of the petitioner.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Timeline

I front loaded the petition and application with so much documents of evidences that I thought this is an easy case.

I should have pushed my wife to spend a lot more time to prepare and memorize details information related to my family etc.

They scrutized my wife for 10 minutes on questions related to my ex-wife, which she totally wasn't quite prepared. She just never was interested in knowing too much details of my ex-wife. She knoew how we divorced and when it happened, but she wasn't really interested in knowing all the personal information of my ex-wife.

It's rather ridiculous they would quiz her on my ex-wife, instead of quiz her on events in our relatiship, which is more relevant.

Now how do I get the case to stay in the Guangzhou Consulate and get a second chance?

They did the same thing to my finacee in kenya, they only grilled them about my ex-hubby and asked nothing about our real very real relationship!!!

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Filed: Citizen (apr) Country: China
Timeline

A lot of posts came and went while I forgot to post early on but I'll put a little perspective.

Me 13 years older than wife.

married on first visit 8 months after finding each other online.

did not make second visit until 9 months after marriage and this was due to wife needing operation.

made third vist 3 months later exclusively for Guz interview. spent days ahead of interview going over documents and drilling questions

First marriage for both of us so in theory less red flags but still all these add up to possibly questionable bonafide

We skyped phoned etc every day multi times a day all the time from first day of finding each other and we had tons of documentation and interview was very predictable. I was confident but still didn't feel like we could say 100%

Result was pink even with the less than perfect facts.

OP is so right to be there with her now and it Iis possible that this couple will get the unheard of second chance I really hope for the best for you. As I can attest sometimes what looks questionable on paper can be overcome with sincere proof of relationship and good practice

USA NATURALIZATION CITIZEN :-------------------------------------------------------
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09-22-2014 - NOA letter scheduled interview 10-30-2014

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Application changed to five year as mark reached while waiting for interview

Passed civic test and interview recommends approval !!!

10-30-2014 - NOA hand letter stating recommendation for approval and wait for letter of approval and oath
11-13-2014 - Case Status updated "We scheduled your oath ceremony"

11-14-2014 - NOA letter final interview and oath Tuesday 11-25-2014

11-25-2014 - Final red tape and oath ceremony Columbus, Ohio Officially a US Citizen!!!

- Applied US Passport at local post office

08-2016 - Received 10 year Q2 visa to visit China as a US citizen

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

my husband is from pakistan and of cos they consider everybody coming from there is a threat... so in our case they took him back and asked him questions for about 45 minutes including ones about me and my ex husband which he was able to answer easily.

The Co called me a month or so later and asked me similar questions but only about 10 of them and also if ive gone back yet...(I make enough for our i864 easily but I also am a mother with children at home) which i told him im trying to save the money to go back but the cost is so expensive its taking time to save the 2k on my bank teller salary (which is good money but definitely not 6 figure income, not even close... and its not easy to put a ton of money into the bank each month when you have car repairs, dr bills etc)

Then the CO told us our case was fine and we had nothing to worry about that now he's satisfied they are going to put him into name checks.

Unfortunately it is very important to know everything about your spouse/ex spouse or SO as well and most couples do know a lot about the previous life as you talk and discuss and get to know eachother you find out where you've been emotionally and understand its past but part of who they are.

Wish you luck but do take the advice from the others especially those that have been on VJ for a long time and understand the process!!!!

Edited by EAbbas

10/02/2010 Nikah/Marriage in Karachi
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11/10/2010 -Sent
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06/15/2011 Interview result AP
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08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I am back home from my Guangzhou trip, without accomplishing the goal of meeting the visa officials.

We have to wait and see if we do get a second interview after the Administrative Processing.

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Filed: Lift. Cond. (apr) Country: China
Timeline

I am back home from my Guangzhou trip, without accomplishing the goal of meeting the visa officials.

We have to wait and see if we do get a second interview after the Administrative Processing.

Welcome back!

When I first saw the photo you posted in your profile, I thought to myself, "what a lovely young couple." I thought you looked liked a student with your backpack, and I said to myself, "unlike mine, he should have no trouble with his k-1 petition". If I remember correctly, you filed a k-1 back in December 2010, the same month I filed mine?

I'm 15 years older than my fiancee (now my wife), and I mailed off our k-1 petition the same day my divorce to my ex-wife was finalized. Both of these were big red flags in Guanghzou one would think. For months I was worried because there were little things here and there that could cause problems in our petition, for instance I mailed a copy of my court certified divorce decree and later read at VJ that I might get an RFE for that.

Anyway, with lots of unknowns, my fiancee at the time and I tried our best to be as prepared as we could. Among other things, I provided her with as much information I could about my ex-wife: where she lives and where I live, etc.

I have to give my wife credit for her preparation. One of the things she did was printed out a photo I sent her of the house I bought for us. When the VO asked her where my ex-wife live, she told the VO my ex-wife lives in city X and I live in city Y, and she pulled out the picture of our house and said to the VO, "this is the house my fiance bought for us in city Y." The VO continued asking how is my ex-wife doing after the divorce, and my wife was able to tell the VO that my ex-wife is doing fine because she has family around her, etc.

I organized our documents the way I liked it, but when I gave them to my fiancee, she reorganized them the way she liked. Being the perfectionist I am, I wasn't too happy about it of course :D

But she was right, she was the one being interviewed, and she wanted to be able to present documents her own way. I provided the tools like binders and color tabs, and she put them to good use.

Her interview lasted about 10 minutes, including turning in her medical report that she did not have the day before. She also had a good Chinese staff collecting her documents the day before. She said he took everything she gave him, including my revised EOR, which went all the way to our POE and showed up on top of the pile of forms.

Anyway, I want to conclude that age difference (15 years) and recent divorce (a day) did not cause trouble for our k-1 petition, probably because we addressed them both in my EOR and my wife's interview.

Hope you'll hear something from the consulate soon! :)

ROC

2014-05-17 (Sat) Card Received! Text and email: "The USPS reported that your new card was delivered on May 17, 2014"

2014-05-15 (Thurs) Received "USPS picked up mail from USCIS" text and email

2014-05-15 (Thurs) Received "card mailed" text and email

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2014-05-12 (Mon) Received approval letter

2014-05-08 (Thurs) Date of Decision - Approved!

2013-11-29 (Fri) Early Biometrics done on Black Friday

2013-11-18 (Mon) Received Biometrics Appointment letter for 12/04/13

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AOS

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2012-02-06 (Mon) 6:45pm I-485 Decision (registered PR status)

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2011-12-08 (Thurs) Received EAD/AP combo card

2011-11-30 (Wed) Email/text: I-131(AP) approved. I-765(EAD) card production.

2011-10-25 (Tues) Completed biometrics

2011-10-21 (Fri) I-485 case transferred

2011-10-10 (Tues) Two NOA's: I-485 and I-765 payment receipts. Notice date 10/03/11

2011-10-08 (Sat) Biometrics Appointment letter for 10/25/11

2011-10-04 (Tues) Check cashed.

2011-10-03 (Mon) NOA's for I-485, I-131, and I-765

2011-09-30 (Fri) USCIS web status shows receipt for I-485, I-131, and I-765

2011-09-29 (Thurs) USPS delivery confirmation

2011-09-27 (Tues) Mailed AOS package

k-1

2011-07-25 (Mon) Visa in hand!!

2011-07-19 (Tue) Interview at 7:30am - Approved!!

2011-07-18 (Mon) Document in-take at 12:30pm

2011-05-19 (Thu) NOA2 (160 days from NOA1)

2010-12-15 (Wed) NOA1 hard copy received

2010-12-09 (Thu) I-129F package arrived USCIS PO Box in Dallas

2010-12-07 (Tue) Mailed I-129F package

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I am back home from my Guangzhou trip, without accomplishing the goal of meeting the visa officials.

We have to wait and see if we do get a second interview after the Administrative Processing.

Yikes. OK.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Welcome back!

When I first saw the photo you posted in your profile, I thought to myself, "what a lovely young couple." I thought you looked liked a student with your backpack, and I said to myself, "unlike mine, he should have no trouble with his k-1 petition". If I remember correctly, you filed a k-1 back in December 2010, the same month I filed mine?

I'm 15 years older than my fiancee (now my wife), and I mailed off our k-1 petition the same day my divorce to my ex-wife was finalized. Both of these were big red flags in Guanghzou one would think. For months I was worried because there were little things here and there that could cause problems in our petition, for instance I mailed a copy of my court certified divorce decree and later read at VJ that I might get an RFE for that.

Anyway, with lots of unknowns, my fiancee at the time and I tried our best to be as prepared as we could. Among other things, I provided her with as much information I could about my ex-wife: where she lives and where I live, etc.

I have to give my wife credit for her preparation. One of the things she did was printed out a photo I sent her of the house I bought for us. When the VO asked her where my ex-wife live, she told the VO my ex-wife lives in city X and I live in city Y, and she pulled out the picture of our house and said to the VO, "this is the house my fiance bought for us in city Y." The VO continued asking how is my ex-wife doing after the divorce, and my wife was able to tell the VO that my ex-wife is doing fine because she has family around her, etc.

I organized our documents the way I liked it, but when I gave them to my fiancee, she reorganized them the way she liked. Being the perfectionist I am, I wasn't too happy about it of course :D

But she was right, she was the one being interviewed, and she wanted to be able to present documents her own way. I provided the tools like binders and color tabs, and she put them to good use.

Her interview lasted about 10 minutes, including turning in her medical report that she did not have the day before. She also had a good Chinese staff collecting her documents the day before. She said he took everything she gave him, including my revised EOR, which went all the way to our POE and showed up on top of the pile of forms.

Anyway, I want to conclude that age difference (15 years) and recent divorce (a day) did not cause trouble for our k-1 petition, probably because we addressed them both in my EOR and my wife's interview.

Hope you'll hear something from the consulate soon! :)

Bobby:

Thanks for telling your story. Yes I filed I-129F at about the same time as you did. We decided to marry at the end of Feb, 2011 and then canceled the K-1 and re-filed an I-130 to apply as a CR1.

I realized that they might consider big age gap and short gap between the divorce and new marriage as red flags. I front loaded my I-130 with plenty of documentation, EOR letter explaining the ex-wife and divorce, how I get to know my new wife, how I traveled to China to meet her, airline boarding passes and hotel receipts and all that. 120+ pages in all. I thought I covered everything already in the documentations.

Unlike your wife who took her initiative to be well prepared. My wife is too young to even have an idea what it is like to apply for an immigration visa and move to America. She counted on me to prepare everything but she hardly even understand all the English documents I prepared. There was a lack of preparation on her part as she thought what she had to fear as our relationship is genuine.

We were deadly wrong. The document intake the prior day was a total mess. She was the last one and they hardly even took the mandatory require documents. Even the W-2s which were mandatory required for I-864EZ, were not taken. The EOR letter and photos were not taken. Since we did electronic processing those documents were supposedly to be on their computers. But it now seems that the visa officer hardly ever read whatever document is in front of him, in paper form, before he started the questioning. He probably never had a chance to read the electronic documents on the computer to start with. He even refered to me as her "fiance", not realizing we married already. So looks like it was almost entirely relied on the actual interview questioning, which my wife wasn't prepared at all.

I am fighting to prevent them from sending the case files back to USCIS and ask them for a second interview. I have high hope that we will get a second interview. One email response I got from the Consulate explicit stated that the case will not be returned to USCIS while it's under Administrative Processing, and not before my wife is called in for a second interview. I hope they keep their words.

Lesson learned is the IV applicant needs to be fully prepared and not to rely solely on the documents submitted.

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