interview for K-1

[maggieNomar 0]

As I told Christy in yahoo, there is no point to go to morocco at this time. The consulate will not see here. I was there when Omar went for his interview and he got a questionable 221g. I went to the window, and the man called back to the officer and then explained to me what she said. took all of 5 min. Waste of money for a 5 min conversation. Christy also mentioned coming over there next month to get married. I do not know if this is a wise idea. Those with denied petitions can tell you. But I believe what you need to do is try to fix the current problem/petition first.

[chiquita 0]

thank you all the members who want to help me,i agree ..,this is what i got from the consulat :

section 221 g which prohibits the issuance of visa to anyone whose application does not comply with the provisions of the immigration and nationality act or regulations issued pursuant thereto, the following remarks apply in your case :

we have returned your application and petition to the departement of homeland security's citizenship and immigration service,any further inquiries to your application and petition can be directed to their attention and the CIS office.

my fiance wants to come back to MOROCCO to talk with the consulat,does that can give us help ?

Abdo

you have been DENIED a visa. it is up to you if you believe it. when you get done waiting to get the visa---come back and ask us what you can do--ok?

have you read what happened to me and my husband? we were denied a visa too in 2005. he got the exact same letter from the consulate that you have.

the consulate says they have RETURNED your application to USCIS. this only happens when they refuse to issue you a visa.

there are TWO 221g letters that the consulate gives out. this is what you are confused about.

1. one says your case needs more PROCESSING---this is when your case is sent for security/name checks.

2. the other 221g letter is just what your says---you case is being REURNED to immigration because the consulate will not issue you a visa.

immigration rules says the consulate must make a decision on the day of your interview as to whether they will issue you a visa. you were told i am sorry---not congratulation.

if your fiance comes to Morocco the consulate will NOT let her come into the consulate if she wants to discuss your application/case. i tried t do that in 2005. she will only be allowed to come in if she has business other than your case/visa isues. if she lies about it and comes in she may face some severe penalites for lying. your letter says >>>>

any further inquiries to your application and petition can be directed to their attention and the CIS office.

i was in Morocco trying to get a appointment to discuss our case. i was told that the consulate would not discuss or case and to call CIS. i called and e mailed the consulate too. i was in Morocco for a month and i was not allowed inside. i received e mails saying to contact CIS.

there are a lot of people here who have advised you. please listen to them. if you prefer--have your fiance contact an immigration attorney---one who knows about this type of problem. i can send her an email of the best attorney who helps couples who have been denied.

getting married is not a good idea unless you have prepared fully for what just happened. the denial will be on your record. you will need a lot of prep and help.

chi

Edited February 11, 2008 by chiquita

[brnidokiegurl 0]

I also have been talking with you off here and believe u said yours goes back thru Vermont, lately at vermont the returns have been takeing at least 18 months just to get one small touch and still no answers. In calif they are returned only to expire, then they tell us they are not denied but expired.

You need to at least give this time to run some course to expire before you try to marry, you need to realize now this will take a very long time no less than a year prob to straighten out if possible either way you choose to refile. Follow the steps we talked about with the senators, letters fr friends and family a small few it has helped others like myself it didnt but at least is steps to TRY to stop the return.

Once it is returned tho then take time to understand what your next steps will need to be, it appears you are in a very big hurry for this and it does take more than weeks or months like you told me you felt the visa takes only this small time. Think about what u know im sure the problems were because at some time these same things will need to be addressed.

[chiquita 0]

I also have been talking with you off here and believe u said yours goes back thru Vermont, lately at vermont the returns have been takeing at least 18 months just to get one small touch and still no answers. In calif they are returned only to expire, then they tell us they are not denied but expired.

You need to at least give this time to run some course to expire before you try to marry, you need to realize now this will take a very long time no less than a year prob to straighten out if possible either way you choose to refile. Follow the steps we talked about with the senators, letters fr friends and family a small few it has helped others like myself it didnt but at least is steps to TRY to stop the return.

Once it is returned tho then take time to understand what your next steps will need to be, it appears you are in a very big hurry for this and it does take more than weeks or months like you told me you felt the visa takes only this small time. Think about what u know im sure the problems were because at some time these same things will need to be addressed.

great advice brn.

this is not going to be a fast fix unless you can PREVENT your case leaving the consulate. this is what we tried to explain to you when you first came here.

if your case leaves the consulate please count on waiting at least a year before you know anything.

chi

[maggieNomar 0]

Can a couple in this situation marry and refile for new visa or do they have to wait for the old one to expire? Seems they cannot have to applications in at same time.

[AlHayatZween 2]

Can a couple in this situation marry and refile for new visa or do they have to wait for the old one to expire? Seems they cannot have to applications in at same time.

Good question... was wondering the same thing?

Couldn't she just marry and stay in Morocco for a year and then re-file directly with the consulate?

Any insight?

hz

[Minya's wife 24]

Can a couple in this situation marry and refile for new visa or do they have to wait for the old one to expire? Seems they cannot have to applications in at same time.

I'm not sure if this has been posted here but here's some info as to why one shouldn't just marry and re-file UNTIL the K-1 petition, w/ its NOID is properly "disposed of"...so to speak.

Here's an excerpt from "Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations" by Mark Ellis (I'll have the link to the full article at the bottom of this post.)

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner's failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer's advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

"Don't worry about it. She's your wife now. The K-1 petition is irrelevant."

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)©(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

What specific misrepresentation has this couple made? According to the section of the FAM cited above, it could be a generalized misrepresentation with respect to her entitlement to the K-1 status. She failed to satisfy the "Reasonable Person" Standard, and that has been boot-strapped more or less into a finding of Misrepresentation by the consulate.

If that seems counter-intuitive, if it seems strange to enter a finding of Misrepresentation under INA 212(a)(6)©(i), when no actual misrepresentations have been made, look at it from the perspective of DOS. There is a heavy burden placed upon consular officers before they can return a petition. They are not allowed to return a petition and recommend revocation for 221(g) reasons. Insufficiency of documentary evidence is not a reason for recommending that a DHS-approved family petition be revoked. Therefore, at least the way consulates views it, somebody must have made a misrepresentation somewhere with respect to the beneficiary's entitlement to K-1 status.

What exactly was the misrepresentation? Nobody seems to know. DOS doesn't give you a specific answer. The lawyer doesn't know. And most importantly, the petitioner and beneficiary are clueless. They're in sort of a Kafkaesque position. They're accused of misrepresenting something. But nobody tells them exactly what they have misrepresented. This problem could have easily been avoided if the petitioner had simply responded to the NOID letter and argued the merits even though the couple had married.

Link to full article:

http://www.ilw.com/articles/2006,0323-ellis.shtm

[brnidokiegurl 0]

Can a couple in this situation marry and refile for new visa or do they have to wait for the old one to expire? Seems they cannot have to applications in at same time.

well this to might include us, i tried to get something out of calif so my rep got thru to them and got a email telling her our case was expired and no further action would be done (and the way it sounded we were not necessarly going to ever get anything telling me this) and also we were free to refile again and they mentioned of course pay the fee again. At this time i talked to someone in calif trying to get a more official letter saying all this and went round and round with this person him telling me our case was not denied but expired and there wouldnt be anything else. SOOOOOOO we just went ahead and married and others have had two at one time i know of one that was to get returned, it was, but at that same time they refile a new one, both were there at the same time. And this was all done from the advice of a well known attorney so who knows that outcome yet......

ps it expired the same month as it came back to calif

Edited February 11, 2008 by brnidokiegurl

[abdo 0]

hi,

thanks everyone ,we are in contact now with the congressman,it takes few days to know what is going on with the consulat,he told my fiance that he will contact the consulat and then he will tell us what we need to do after...,my fiance called the visa center today and it says that my case still in the consulat....,im always here on VJ watching all the members what they post and wrote..!thanks everyone and any new news i will post it on here..

[yassmine2878 1]

hi,

thanks everyone ,we are in contact now with the congressman,it takes few days to know what is going on with the consulat,he told my fiance that he will contact the consulat and then he will tell us what we need to do after...,my fiance called the visa center today and it says that my case still in the consulat....,im always here on VJ watching all the members what they post and wrote..!thanks everyone and any new news i will post it on here..

Word of advice when dealing w/congressman. If they dont call you (your fiancee) then you need to call them. And I mean at least twice a week, if not more. Ive had the most hellacious time with senators and congressmen because they promised to pick up the ball and run with it, and then nothing would happen because I didnt keep tabs on them. Get on the phone and stay on it. Keep in constant contact with them.

[brnidokiegurl 0]

You can also inquire with more than one i believe i talked to 2 or 3 different reps only one turned out to be good

[maggieNomar 0]

You can also inquire with more than one i believe i talked to 2 or 3 different reps only one turned out to be good

This is a good idea. When I had my missing husband situation a few years ago,somone suggested that I contact the senators, etc. I contacted them ALL and went with the first one that replied, figuring they would be most reliable. Turned out to be a good decision.

And definitely don't wait around for the phone to ring. If your fiancee does not have call by lunchtime Weds, I'd call again. squeeky wheel gets the oil we like to say.

[abdo 0]

i am back..,hello to all the members on VJ.

i got a call from the consulate and they want me soon,is this a good news?and what should i do?

this is my first topic :

http://www.visajourney.com/forums/index.ph...p;#entry1565868

[brnidokiegurl 0]

great, what did they ask you for or tell you

[abdo 0]

the lady told me to come soon,and she told me when .

that is all !!!!!!!!