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robertlaird

VISA APPLICATION DENIED

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Filed: AOS (pnd) Country: Colombia
Timeline

Johanna had her interview today for her K-1 Visa application at the Bogota Embassy.

Her application was denied because they asked her why she would want to marry someone who had been married three times before. Her response was because I love him.

Would you recomend an appeal.

Get Married in Bogota and file a K-3 ? , I assume they could not deny that application

:crying:

Event Date

Service Center : California Service Center

Consulate : Bogota, Colombia

I-129F Sent : 2009-12-07

I-129F NOA1 : 2009-12-10

I-129F NOA2 : 2010-03-05

NVC Received and Forwarded to Consulate : 2010-03-12

Consulate Received :

Packet 3 Received : 2010-03-12 Downloaded OnLine

Packet 3 Sent : 2010-03-15 Emailed Package 3, Confirmation of Email Package 3 2010-03-18

Packet 4 Received : 2010-04-18

Interview Date : 2010-05-24 Approved

Arrive in Seattle, WA: 2010-06-29

Missouri Service Center

I-485 Sent : 2010-09-30

I-485 NOA1 : 2010-10-13

I-765 Sent : 2010-09-30

I-765 NOA1 : 2010-10-13

I-131 Sent : 2010-09-30

I-131 NOA1 : 2010-10-13

BIO Appt Seattle, WA : 2010-11-01 completed took about 2 hours had to verify name change for my wife

I-485 Appt : 2011-01-10

I-765 Approved 2010-12-16 (card production ordered could take 30 days)

I-131 Approved 2010-12-17

I-131 Recd Letter for Travel Auth. 2010-12-23

I-765 Card Received 2010-12-20

I-485 Approved 2011-03-31-2011 Yea

Greencard Received :2011-04-08

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Filed: Other Timeline
Johanna had her interview today for her K-1 Visa application at the Bogota Embassy.

Her application was denied because they asked her why she would want to marry someone who had been married three times before. Her response was because I love him.

Would you recomend an appeal.

Get Married in Bogota and file a K-3 ? , I assume they could not deny that application

:crying:

While the VO may have doubts about your partner's judgement in marrying a serial marrier (a joke), a petition cannot be denied for this reason. You should receive documentation regarding the specific reason for the denial and exactly what you need to do to overcome. Wait for this before you make any decisions....

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Filed: AOS (pnd) Country: Colombia
Timeline

update, Request for additional proof of Relationship

She can set another appointment, Perhaps I need to attend.

Phone bills, passport stamps etc I had all that in the package

Maybe we are not denied

Event Date

Service Center : California Service Center

Consulate : Bogota, Colombia

I-129F Sent : 2009-12-07

I-129F NOA1 : 2009-12-10

I-129F NOA2 : 2010-03-05

NVC Received and Forwarded to Consulate : 2010-03-12

Consulate Received :

Packet 3 Received : 2010-03-12 Downloaded OnLine

Packet 3 Sent : 2010-03-15 Emailed Package 3, Confirmation of Email Package 3 2010-03-18

Packet 4 Received : 2010-04-18

Interview Date : 2010-05-24 Approved

Arrive in Seattle, WA: 2010-06-29

Missouri Service Center

I-485 Sent : 2010-09-30

I-485 NOA1 : 2010-10-13

I-765 Sent : 2010-09-30

I-765 NOA1 : 2010-10-13

I-131 Sent : 2010-09-30

I-131 NOA1 : 2010-10-13

BIO Appt Seattle, WA : 2010-11-01 completed took about 2 hours had to verify name change for my wife

I-485 Appt : 2011-01-10

I-765 Approved 2010-12-16 (card production ordered could take 30 days)

I-131 Approved 2010-12-17

I-131 Recd Letter for Travel Auth. 2010-12-23

I-765 Card Received 2010-12-20

I-485 Approved 2011-03-31-2011 Yea

Greencard Received :2011-04-08

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Filed: Citizen (apr) Country: Pakistan
Timeline

Sounds like you got a 221g. I would get a copy and read it and then go from there. It is not a complete denial at this time. It should say it is requesting more information and how to handle this. Good luck.

Everything I respond to is from personal knowledge, research or experience and I am in no means a lawyer or do I claim to be one. Everyone should read, research and be responsible for your own journey.

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Filed: Timeline
update, Request for additional proof of Relationship

She can set another appointment, Perhaps I need to attend.

Phone bills, passport stamps etc I had all that in the package

Maybe we are not denied

By Law,

Once USCIS approves the Visa.... THEY CAN NOT DENY IT.... THEY CAN ONLY DELAY IT.. WHICH CAN BE A LONG TIME....

They can refer it back to USCIS if they feel it should not have been approved... For instance fraud.. If they feel the relationship is not real.... OR.. If you are not financially able to support her and they feel she would become a public charge... . this is really the ONLY way they can deny it....... IF THEY FEEL SHE WILL BECOME A PUBLIC CHARGE......

AS FAR AS YOUR SITUATION..... ITS A DELAY TACTIC ...... ONCE YOU SHOW THEM THE RELATIONSHIP IS VALID..... AND GO THERE YOURSELF WITH HER.... AND BRING PHOTOS OF YOU TOGETHER... AIRLINE TICKETS AND LETTERS FROM FRIENDS AND FAMILY MEMBERS OF BOTH PARTIES STATING THEY SEEN YOU TOGETHER OR THEY HAVE KNOWN ABOUT YOUR RELATIONSHIP TOGETHER WITH HER AND THEY TESTIFY IN WRITING THAT THE RELATIONSHIP IS REAL.....

THEY WILL GIVE HER THE VISA......

BASICALLY UNTIL YOU OVERCOME THE DOUBT.... THEY WILL DELAY IT OR SEND IT BACK TO USCIS AND HAVE THEM DENY THE VISA.....

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Filed: Other Timeline
By Law,

Once USCIS approves the Visa.... THEY CAN NOT DENY IT.... THEY CAN ONLY DELAY IT.. WHICH CAN BE A LONG TIME....

Not true. First, the USCIS does NOT issue or approve visas, but does however review and approve / disaprove petitions for visas. After the USCIS approves a petition it goes to the NVC, who then sends it to the appropriate consulate, where paperwork is passed to the beneficiary, and an interview scheduled.

During that interview, the VO and deny, pass, or recommend a revocation of the visa. If the visa is denied or revoked, they must provide both the reason and what's needed to overcome it.

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Filed: Citizen (pnd) Country: Canada
Timeline

Sorry to hear what happened, but I agree with the others. I think when you show them more proof, then she will get her visa. Good luck :)

PEGGY & ROGER

3dflagsdotcom_canad_2fawm.gif3dflagsdotcom_usa_2fawm.gif

K-1/K-2 VISA'S APPROVED IN MONTREAL MAY 2, 2005

K-1/K-2 AOS APPROVED IN ATLANTA MAY 17, 2006

10 year GC Approved - APRIL 16th ,2009 - Peggy and Jonathan's......

Still waiting for our cards...Had to file I-90 as they sent them to the wrong address.

March 9th, 2010, Received GC that has been lost in the mail for 10 months. Still waiting for my son's that is lost as well.

Filed Waiver for my son's 10 year GC and it was approved. He finally received his GC after its been missing for 2 years.

Thanking God this is over for 10 years.

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Filed: K-1 Visa Country: Wales
Timeline

By Law,

Once USCIS approves the Visa.... THEY CAN NOT DENY IT.... THEY CAN ONLY DELAY IT.. WHICH CAN BE A LONG TIME....

Not true. First, the USCIS does NOT issue or approve visas, but does however review and approve / disaprove petitions for visas. After the USCIS approves a petition it goes to the NVC, who then sends it to the appropriate consulate, where paperwork is passed to the beneficiary, and an interview scheduled.

During that interview, the VO and deny, pass, or recommend a revocation of the visa. If the visa is denied or revoked, they must provide both the reason and what's needed to overcome it.

Is it a VO or a CO, but absolutely their call, so be nice.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Colombia
Timeline

Maybe your not denied? Are you sure that the VO said "denied" or are you guessing? Your next post indicated they wanted more info.

It seems they were not satisfied with some answers that she gave which caused doubts about the validity of the relationship. It appears the embassy VO was not denying you just on the fact that you were married 3 times. That said I am sure it played some part in the overall decision.

10/25/2005 I-129F sent to TSC

10/27/2005 Arrives at TSC case transfer from TSC to CSC

11/01/2005 1NOA from CSC

11/04/2005 check for $170 cashed, e-mail from CSC confirms 1NOA

11/05/2005 1NOA hard copy arrives by snail mail. Yessssss!

01/31/2006 Touched-email message case being reviewed 60 days notification

02/01/2006 2NOA E-mail Yesssssssssssssssssss!

02/07/2006 2NOA hard copy from CSC postmarked 02/03/2006

02/09/2006 NVC Receives 129F

02/14/2006 NVC sends 129F to Embassy using DHL

02/16/2006 Petition arrives at Bogota Embassy.

02/23/2006 Packet 3 sent to Embassy by courier and fax

02/24/2006 Emabassy receives Packet 3

03/02/2006 Notified of Interview at Embassy 04/04/2006

03/03/2006 Receive Packet 3 and 4

03/31/2006 Medical Interview

04/04/2006 Interview in Bogota Colombia-VISA APPROVED

04/05/2006 Pick up Visa

04/08/2006 Fly to Miami with Fiance

05/12/2006 Married

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Filed: K-1 Visa Country: Colombia
Timeline

The USCIS does not issue visas. The Department of State does. You should make arrangements to go with here the next time she can get to the embassy. Your fiance, obviously did not convince the consular officer that the relationship was legit. I have never seen this happen in Bogota. I would go there myself and take a buttload of evidence.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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update, Request for additional proof of Relationship

She can set another appointment, Perhaps I need to attend.

Phone bills, passport stamps etc I had all that in the package

Maybe we are not denied

This sounds like additional info. Good luck, overwhelm them with information :D

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: Citizen (pnd) Country: Canada
Timeline

I would definitely attend the interview, if at all possible. Seeing you together should prove it to them. If you also bring along more physical proof, you should be ok.

Heading Home!

Naturalization

Feb 28/2011 - sent paperwork

Mar 3/11 - received text & email notification - they have it!

Mar 15/11 - text, email, and notice sent - biometrics booked

April 12/11 - biometrics done - I start studying

May - get the letter

June 27 - Interview and oath ceremony - same day

Lifting Conditions

Feb 5/08 - Sent paperwork by USPS - priority

Feb 14/08 - NOA issued

Feb 28/08 - Biometrics letter received for The Bronx Office - have to reschedule

Mar 22/08 - Biometrics rescheduled - LOVE the Saturday appointment!

Feb ?/09 - done!

I'M HIGHLY OPINIONATED WHEN I WANT TO BE, BUT I NEVER SAID I WAS RIGHT

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Filed: Timeline

By Law,

Once USCIS approves the Visa.... THEY CAN NOT DENY IT.... THEY CAN ONLY DELAY IT.. WHICH CAN BE A LONG TIME....

Not true. First, the USCIS does NOT issue or approve visas, but does however review and approve / disaprove petitions for visas. After the USCIS approves a petition it goes to the NVC, who then sends it to the appropriate consulate, where paperwork is passed to the beneficiary, and an interview scheduled.

During that interview, the VO and deny, pass, or recommend a revocation of the visa. If the visa is denied or revoked, they must provide both the reason and what's needed to overcome it.

you do not know what you are talking about... LOOK at your own quote....

USCIS does not approve visas or deny them..... Then later in your quote you state this...

After the USCIS approves a petition it goes to the NVC, who then sends it to the appropriate consulate, where paperwork is passed to the beneficiary..

Do not listen to this person...

The facts are it is sent back to USCIS if they feel it should not have been approved.. they do not have the right to deny an approved application by descretion.... " If they do.. they must have HARD FACTS!!! Like evidence of FRAUD, or Medical reasons in her medical exam..... or Lack of Income..... If they do not have hard evidence.. they must give the eligble IMMIGRANT her VISA......

By Law,

Is it a VO or a CO, but absolutely their call, so be nice.

Its NOT there call... They DO NOT have the right to approve or deny by Descretion..... This is already an approved petition by the Department of State..... They can only delay or send it back for futher evaluation if they feel something is not right....

The only way they are allowed to deny a immigrant visa.... is if they have HARDCORE EVIDENCE that the applicant is not eligible because of serious conditions... Like, PROOF OF FRAUD, MEDICAL REASON IN THE MEDICAL EXAM, OR NOT ENOUGH INCOME SHOWN TO SUPPORT THE IMMIGRANT AND THE IMMIGRANT WOULD BECOME A PUBLIC CHARGE.... OTHERWISE THEY MUST ISSUE THE VISA...

It is very hard to prove fraud.. . if they felt truly the marriage was fraud they would not said come back with more proof.. . they would have straight up DENIED IT......

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