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VISA APPLICATION DENIED

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Filed: Timeline

IF YOU READ YOUR OWN DOCUMENTS YOU POSTED CAREFULLY.. IT SAYS THIS TO BACK UP WHAT I AM SAYING.. . IDIOT...

N6.5 Marriage Bona Fides

If a consular officer finds that the fiance(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, post should return the K-1 or K-3 petition to the approving BCIS office under cover of a memorandum detailing the specific, objective facts giving rise to the post''s conclusion.

HERE IS THE LAW MISTER KNOW IT ALL.....

6. In adjudicating visa cases involving petitions, posts should

bear in mind three important factors: A. the consular officer''s

role in the petition process is to determine if there is

substantial evidence relevant to petition validity not

previously considered by DHS, and not to merely readjudicate the

petition; B. the memo supporting the petition return must

clearly show the factual and concrete reasons for recommending

revocation (observations made by the consular officer cannot be

conclusive, speculative, equivocal or irrelevant) and; C.

consular officers must provide to the applicant in writing as

full an explanation as possible of the legal and factual basis

for the visa denial and petition return. Post must maintain a

copy of the returned petition, other evidence relevant to the

case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by

consular officers as prima facie evidence that the requirements

for classification - which are examined in the petition process

- have been met. Where Congress has placed responsibility and

authority with DHS to determine whether the requirements for

status which are examined in the petition process have been met,

consular officers DO NOT HAVE THE AUTHORITY to question the

approval of petitions without specific evidence, generally

unavailable to DHS at the time of petition approval, that the

beneficiary may not be entitled to status (

IF YOU ARE GOING TO QUOTE ME... QUOTE EVERYTHING.. DO NOT PICK A PART OF THE STATMENT....... YOU MADE YOUR OWN DETERMINATION.....

IF YOU READ EVERYTHING I SAID... I WAS REFERRING TO THAT THEY CAN NOT DENY THE PETITION IF THEY ARE AN ELIGIBLE IMMIGRANT.....

ONLY IF THEY ARE NOT ELIGIBLE ....... BIG DIFFERENCE IDIOT

IF YOU ARE GOING TO QUOTE ME...

DO IT CORRECTLY DUMMY.....

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...

AND YES...

USCIS DOES APPROVE VISAS.... THEY ARE PART OF DHS WHICH IS ALL THE SAME THING.....

THE CONSULATE ONLY ISSUES THEM...... THE PETITION IS BASICALLY THE SAME THING AS THE VISA.. BECAUSE YOU CAN NOT GET ONE WITH OUT THE OTHER.....

YOU CANT GET THE CHANCE WITHOUT THE APPROVAL BY DHS....

DEPARTMENT OF HOMELAND SECURITY WHICH USCIS IS A BRANCH OF DHS......

IDIOT......

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Filed: Timeline
IF YOU READ YOUR OWN DOCUMENTS YOU POSTED CAREFULLY.. IT SAYS THIS TO BACK UP WHAT I AM SAYING.. . IDIOT...

N6.5 Marriage Bona Fides

If a consular officer finds that the fiance(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, post should return the K-1 or K-3 petition to the approving BCIS office under cover of a memorandum detailing the specific, objective facts giving rise to the post''s conclusion.

HERE IS THE LAW MISTER KNOW IT ALL.....

6. In adjudicating visa cases involving petitions, posts should

bear in mind three important factors: A. the consular officer''s

role in the petition process is to determine if there is

substantial evidence relevant to petition validity not

previously considered by DHS, and not to merely readjudicate the

petition; B. the memo supporting the petition return must

clearly show the factual and concrete reasons for recommending

revocation (observations made by the consular officer cannot be

conclusive, speculative, equivocal or irrelevant) and; C.

consular officers must provide to the applicant in writing as

full an explanation as possible of the legal and factual basis

for the visa denial and petition return. Post must maintain a

copy of the returned petition, other evidence relevant to the

case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by

consular officers as prima facie evidence that the requirements

for classification - which are examined in the petition process

- have been met. Where Congress has placed responsibility and

authority with DHS to determine whether the requirements for

status which are examined in the petition process have been met,

consular officers DO NOT HAVE THE AUTHORITY to question the

approval of petitions without specific evidence, generally

unavailable to DHS at the time of petition approval, that the

beneficiary may not be entitled to status (

IF YOU ARE GOING TO QUOTE ME... QUOTE EVERYTHING.. DO NOT PICK A PART OF THE STATMENT....... YOU MADE YOUR OWN DETERMINATION.....

IF YOU READ EVERYTHING I SAID... I WAS REFERRING TO THAT THEY CAN NOT DENY THE PETITION IF THEY ARE AN ELIGIBLE IMMIGRANT.....

ONLY IF THEY ARE NOT ELIGIBLE ....... BIG DIFFERENCE IDIOT

IF YOU ARE GOING TO QUOTE ME...

DO IT CORRECTLY DUMMY.....

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...

AND YES...

USCIS DOES APPROVE VISAS.... THEY ARE PART OF DHS WHICH IS ALL THE SAME THING.....

THE CONSULATE ONLY ISSUES THEM...... THE PETITION IS BASICALLY THE SAME THING AS THE VISA.. BECAUSE YOU CAN NOT GET ONE WITH OUT THE OTHER.....

YOU CANT GET THE CHANCE WITHOUT THE APPROVAL BY DHS....

DEPARTMENT OF HOMELAND SECURITY WHICH USCIS IS A BRANCH OF DHS......

IDIOT......

You are a F*cking moron!!!! USCIS does not ISSUE any VISA. You also WRONGLY state that K1 is an IMMIGRANT visa...IT IS NOT you d.licker.

Dumb ####! Consulates are part of the State department. USCIS is part of DHS. Consulates issue visas...DHS/USCIS is NOT the same as State Dept.

You STILL have not qualified where the law says a CO cannot deny a visa (and I provided you the docs), nor do you comprehend the difference between petition or visa. Now I find you don't know the diff between the various agencies or an IV/NIV. You are truly a ####### and an embarrassmenttttttt to yourself.

Unless you SHOW ME the statements that qualify your dumbass rhetoric as fact then I have nothing more to say. Later Kim Jong Ill. Boa noite

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Filed: Timeline

IF YOU READ YOUR OWN DOCUMENTS YOU POSTED CAREFULLY.. IT SAYS THIS TO BACK UP WHAT I AM SAYING.. . IDIOT...

N6.5 Marriage Bona Fides

If a consular officer finds that the fiance(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, post should return the K-1 or K-3 petition to the approving BCIS office under cover of a memorandum detailing the specific, objective facts giving rise to the post''s conclusion.

HERE IS THE LAW MISTER KNOW IT ALL.....

6. In adjudicating visa cases involving petitions, posts should

bear in mind three important factors: A. the consular officer''s

role in the petition process is to determine if there is

substantial evidence relevant to petition validity not

previously considered by DHS, and not to merely readjudicate the

petition; B. the memo supporting the petition return must

clearly show the factual and concrete reasons for recommending

revocation (observations made by the consular officer cannot be

conclusive, speculative, equivocal or irrelevant) and; C.

consular officers must provide to the applicant in writing as

full an explanation as possible of the legal and factual basis

for the visa denial and petition return. Post must maintain a

copy of the returned petition, other evidence relevant to the

case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by

consular officers as prima facie evidence that the requirements

for classification - which are examined in the petition process

- have been met. Where Congress has placed responsibility and

authority with DHS to determine whether the requirements for

status which are examined in the petition process have been met,

consular officers DO NOT HAVE THE AUTHORITY to question the

approval of petitions without specific evidence, generally

unavailable to DHS at the time of petition approval, that the

beneficiary may not be entitled to status (

IF YOU ARE GOING TO QUOTE ME... QUOTE EVERYTHING.. DO NOT PICK A PART OF THE STATMENT....... YOU MADE YOUR OWN DETERMINATION.....

IF YOU READ EVERYTHING I SAID... I WAS REFERRING TO THAT THEY CAN NOT DENY THE PETITION IF THEY ARE AN ELIGIBLE IMMIGRANT.....

ONLY IF THEY ARE NOT ELIGIBLE ....... BIG DIFFERENCE IDIOT

IF YOU ARE GOING TO QUOTE ME...

DO IT CORRECTLY DUMMY.....

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...

AND YES...

USCIS DOES APPROVE VISAS.... THEY ARE PART OF DHS WHICH IS ALL THE SAME THING.....

THE CONSULATE ONLY ISSUES THEM...... THE PETITION IS BASICALLY THE SAME THING AS THE VISA.. BECAUSE YOU CAN NOT GET ONE WITH OUT THE OTHER.....

YOU CANT GET THE CHANCE WITHOUT THE APPROVAL BY DHS....

DEPARTMENT OF HOMELAND SECURITY WHICH USCIS IS A BRANCH OF DHS......

IDIOT......

You are a F*cking moron!!!! USCIS does not ISSUE any VISA. You also WRONGLY state that K1 is an IMMIGRANT visa...IT IS NOT you d.licker.

Dumb ####! Consulates are part of the State department. USCIS is part of DHS. Consulates issue visas...DHS/USCIS is NOT the same as State Dept.

You STILL have not qualified where the law says a CO cannot deny a visa (and I provided you the docs), nor do you comprehend the difference between petition or visa. Now I find you don't know the diff between the various agencies or an IV/NIV. You are truly a ####### and an embarrassmenttttttt to yourself.

Unless you SHOW ME the statements that qualify your dumbass rhetoric as fact then I have nothing more to say. Later Kim Jong Ill. Boa noite

OK DUMB F*UCK......

HERE IS A LINK TO THE US EMBASSY WEBSITE IN COLOMBIA...

HERE IS ALL ABOUT THE IMMIGRANT VISA INTERVIEW AND THE RULES.....

http://bogota.usembassy.gov/wwwsc051.shtml

WHERE DUMB F*UCK IT SAYS YOU WILL BE PERMENANTLY DENIED A VISA....

THEY SAY THAT YOU WOULD BE TEMPORARILY DENIED.... AND GIVEN INSTRUCTIONS ON WHAT YOU NEED TO DO.....

THEY DO NOT HAVE AUTHORITY TO DENY A VISA....... DUMB AZZZZZZZZZZZZZZZ

THEY CAN NOT IF THEY WANTED TOO...... THEY MUST SEND IT TO DHS WITH EVIDENCE OF WHY THEY FEEL IT SHOULD BE DENIED..... AND IF DHS TURNS AROUND AND DOES NOT AGREE WITH THEIR FINDINGS THEY STILL MUST ISSUE THE VISA.......

I AM NOT GOING TO WAIST ANY MORE TIME WITH A IDIOT AS YOU......

THIS IS NOT A TOURIST VISA THIS IS JUDGED AS AN IMMIGRANT VISA.......... IDIOT... THEY PROCESS IT IN THE IMMIGRANT VISA SECTION.......

THIS IS ONLY A DELAY NOT A PERMENANT DENIAL AS THEY DO WITH TOURIST VISAS...... THEY CAN NOT DENY ######... ONLY DELAY IT...

OBVIOUSLY YOU CAN NOT READ WELL...

AUSSIE SHOWED YOU A STATEMENT FROM THE DEPARMENT OF STATE WEBSITE AND I SHOWN YOU THE SAME STATEMENT AND HIGHLIGHTED IN BOLD LETTERS THEY DO NOT HAVE THE AUTHORITY TO QUESTION AN APPROVED PETITION.... YOU STILL DO NOT BELIEVE...... YOU ARE AN IDIOT TO THINK THEY HAVE ABSOLUTE POWER TO DENY A K VISA ..... THEY ONLY HAVE THIS POWER WITH NON IMMIGRANT VISAS LIKE WORK VISAS OR TOURIST AND STUFF LIKE THAT.... AS FAR AS K VISAS AND IMMIGRANT VISAS .... THEY DO NOT...

DUMB F*UCK....

I SAID NOTHING ABOUT THE DEPARTMENT OF STATE....

AND YOU ONLY REPEATING WHAT I SAID...

CONSULATE ISSUES THE VISA.....

BUT THEY CAN NOT ISSUE A VISA UNTIL.......... DHS/USCIS APPROVES THE PETITION ... THATS WHY YOU SEND THEM TO USCIS.... THEY ARE THE ONES THAT HAS FULL AUTHORITY......

CONSULATES JOB IS ONLY TO ISSUE THE VISA TO THE APPLICANT THAT HAS THE APPROVED PETITION.. SO TECHNICALLY....

DHS APPROVES THE VISA... AND THE CONSULATES ONLY ISSUES IT....

THEY HAVE NO AUTHORITY TO APPROVE OR DENY IT........... THEY CAN ONLY DELAY IT AND SEND EVIDENCE TO DHS WHY IT SHOULD NOT BE ISSUED... AND IF DHS DOES NOT AGREE LIKE I SAID...

THEY STILL HAVE TO ISSUE THE VISA... BECAUSE DHS SAID THE APPLICANT IS ELIGIBLE........

DUMB AZZZZZZ..............

Edited by scorpio232
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Filed: Timeline

YOU ARE A DUMB AZZ BOY....... JAJAJAJAJAJA...

YOU DO NOT UNDERSTAND ######.... ONLY A FOOL WOULD LISTEN TO YOU..... YOU THINK THEY CAN DO WHATEVER THEY WANT......

ANSWER THIS QUESTION.....

IF THEY TRULY HAVE THE POWER TO DENY THE VISA....

WHY THEY SIMPLY DID NOT DENY HER WHEN THEY FELT THE RELATIONSHIP IS NOT VALID?

IF IT WAS SOMEONE APPLYING FOR A TOURIST VISA AND THEY FEEL THEY DID NOT QUALIFY THEY DENY THE VISA AND YOU MUST RE APPLY ALL OVER AGAIN RIGHT?

SO, WHY WOULD THEY ASK HER TO COME BACK WITH MORE PROOF OF THE RELATIONSHIP IF THEY FEEL THE RELATIONSHIP IS A SCAM?

THINK ABOUT IT DUMB AZZ..... IF THEY SIMPLY DENY THE VISA THAT SOLVES THE ENTIRE PROBLEM AND THEY DO NOT HAVE TO BE BOTHERED WITH THAT CASE AGAIN ........

ANSWER:

THEY CAN NOT JUST DENY A K VISA DUMB AZZ.... THEY CAN ONLY DELAY IT AND MUST SEND THE EVIDENCE TO DHS SO THEY CAN LOOK OVER THE CASE TO MAKE A FINAL DECISION..... IF THEY COULD DO IT THEMSELVES THEY WOULD NOT HAVE TO SEND THE CASE BACK TO DHS....

FOR TOURIST VISAS..... IN COLOMBIA ...

WHEN YOU HAVE AN INTERVIEW... IF YOU ARE DENIED... YOU DO NOT GET ANOTHER CHANCE.... YOU DO NOT GET 2 OR 3 INTERVIEWS TO PROVE YOUR CASE..... YOU HAVE TO APPLY ALL OVER AGAIN...

SO MAYBE NOW IT MAKES SENSE TO YOUR DUMB AZZ.... THEY CAN NOT JUST DENY IT AND MAKE THEM RE APPLY ALL OVER AGAIN... THEY DO NOT HAVE THE AUTHORITY ON K VISAS OR IMMIGRANT VISAS TO DO WHAT THEY DO TO TOURIST VISAS AND OTHER NON IMMIGRANT VISAS...

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#######?? :o

There is really no need for all this shouting (CAPS) and swearing - for heaven's sake..we're all adults here aren't we? Can't you just disagree in a more civil tone?

:angry:

Applied for K1

Met online 2001 - just aquaintances

Sept 2002 - 1st US visit - everything goes perfectly.

Dec 20th - Forms recev'd at CSC

Dec 27th - NOA1 received by snail mail!

Dec 29th - 'Touched'

March 10 2006 - NOA2!

March 23 - recv'd at NVC

March 24 - petition sent to London

April 9th - Pkt 3 rec'd!

May 17th - Pkt 3 signed for at London Embassy

May 24th - Medical

May24th - Pkt 4

June 14th - Interview 10am - APPROVED 1pm!!

June 16th - Visas received in my hot little hands 1pm :)

July 19th - flying to US!

July 27th - Married!! :-)

Aug 7th - Applied for SSN in married name

Aug 9th - SSN received

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I'm not a lawyer I just have opinions on everything :)

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hmmmmmmmmm not really wanting to get involved in this shouting much.....but here goes.

They are two seperate processes that are linked.....an approved petition and an application for a visa. Whilst a determination regarding visa eligibility, is not subject to judicial review.....an immigrant or non immigrant petition is. For this reason Conofs have a duty to ensure that reasons for returning a petition are documented and clearly state the basis.

Conofs can and do initially deny/refuse a K visa..a CR-1 for that matter too, as an approved petition is needed for the visa application and if there is evidence in the Conofs mind that an applicant is not eligible or that there is fraud, they can deny/refuse. This is different to when further evidence is requested or they are subject to AR. However even after further evidence is submitted or AR is completed....a visa can still be denied/refused.

On the basis of a determination of fraud or that the applicant is not eligible after the Conof reviews the evidence provided or a field investigation conducted confirming such; that a petition was approved erroneously or that evidence relevant to petition validity was not previously considered by DHS.....an application for a visa can be denied, with or without asking for additional evidence. It is dependant on the reasons and evidence they feel they have. But.....the decision to either concur or over-rule the Conof's recommendation to revoke the petition is totally up to DHS. If they find the Conofs documentation to be flawed or having no basis, the petition will be returned to the Embassy and a visa subsequently issued. A long long road for both the petitioner and beneficiary.

Conof's have two options when returning a petition.

"Returning Petitions"

"Returning Petitions for Possible Revocation"

11. INA 212( B ) requires the conoff in most cases to "provide the

alien with a timely written notice that- (A) states the

determination, and ( B ) lists the specific provision or

provisions of law under which the alien is inadmissible." 9

FAM 42.81 Procedural Note one instructs the conoff to provide:

"1) The provision(s) of law on which the refusal is based; (2)

The factual basis for the refusal (unless such information is

classified); (3) Any missing documents or other evidence

required; (4) What procedural steps must be taken by the

consular officer or Department; and (5) Any relief available to

overcome the refusal."

12. There are legitimate reasons why in some cases a conoff

should not release all information relating to a visa refusal;

such reasons could include classification of the information,

confidentiality concerns, the need to protect an informant, or

the "third agency rule" (information from another agency should

only be released with that agency''s permission). However,

absent such considerations, conoffs should provide the applicant

with the full factual basis for a visa refusal, as well as a

reasonable opportunity to overcome the finding. This is

particularly important to ensure that the Department''s interests

are protected in any subsequent litigation. It is important

that conoffs maintain a record at Post showing that Post

provided a written notice of the legal ground for refusal to the

applicant, and, if possible, the factual basis for the refusal

(this will normally consist of a copy of the OF-194). Conoffs

are also reminded that in accordance with 9 FAM 42.81 Procedural

Note 9, and 41.53 Note 2.3, copies of returned petitions and all

other relevant material must be retained at Post.

Conof's do not always act according to the rules.....here is why...

8. When a petition is returned to DHS, if DHS concurs with the

officer''s recommendation, DHS regulations require DHS/BCIS to

provide the petitioner notice of intent to revoke, and to allow

the petitioner an opportunity to rebut the grounds for

revocation. DHS regulations require that, in the case of

nonimmigrant petitions, the revocation must be based only on

grounds specified in the regulations. Those grounds include

evidence that the statement of facts in the petition was not

true and correct, or that the approval involved gross error.

The FAM often only summarizes the petition approval criteria

because they are too lengthy and complicated to reproduce fully

(the H regulations, for example, contain about 25 pages of

double column material). Absent access to the full DHS

regulations, conoffs may not be aware of all of the factors

considered by DHS in approving a petition. In addition, conoffs

are normally less knowledgeable about the basis for petition

eligibility than DHS personnel; they therefore should not jump

to conclusions regarding petitions. In addition, conoffs should

return petitions only where there is specific, material and

clear evidence to provide the DHS a basis to initiate petition

revocation procedures.

The source is as I previously posted.

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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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

No she did not get a denial, but a request for further evidence. As other posts have said, wait to have a look to see what is they required then submit such evidence. Being there may help too yes.

Wishing you both all the very best. I can imagine how upsetting this was.

Lorelle

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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WoW what a post...all im gonna say is good luck robert and I hope everything works out for you and your fiancee.

Best wishes

Janice

no sh!t...

Peace to All creatures great and small............................................

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Filed: Country: Canada
Timeline

sheesh...not gonna get involved with THIS one...just want to say hope it all gets worked out for you RobertLaird :)

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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Filed: Timeline
hmmmmmmmmm not really wanting to get involved in this shouting much.....but here goes.

They are two seperate processes that are linked.....an approved petition and an application for a visa. Whilst a determination regarding visa eligibility, is not subject to judicial review.....an immigrant or non immigrant petition is. For this reason Conofs have a duty to ensure that reasons for returning a petition are documented and clearly state the basis.

Conofs can and do initially deny/refuse a K visa..a CR-1 for that matter too, as an approved petition is needed for the visa application and if there is evidence in the Conofs mind that an applicant is not eligible or that there is fraud, they can deny/refuse. This is different to when further evidence is requested or they are subject to AR. However even after further evidence is submitted or AR is completed....a visa can still be denied/refused.

On the basis of a determination of fraud or that the applicant is not eligible after the Conof reviews the evidence provided or a field investigation conducted confirming such; that a petition was approved erroneously or that evidence relevant to petition validity was not previously considered by DHS.....an application for a visa can be denied, with or without asking for additional evidence. It is dependant on the reasons and evidence they feel they have. But.....the decision to either concur or over-rule the Conof's recommendation to revoke the petition is totally up to DHS. If they find the Conofs documentation to be flawed or having no basis, the petition will be returned to the Embassy and a visa subsequently issued. A long long road for both the petitioner and beneficiary.

Conof's have two options when returning a petition.

"Returning Petitions"

"Returning Petitions for Possible Revocation"

11. INA 212( B ) requires the conoff in most cases to "provide the

alien with a timely written notice that- (A) states the

determination, and ( B ) lists the specific provision or

provisions of law under which the alien is inadmissible." 9

FAM 42.81 Procedural Note one instructs the conoff to provide:

"1) The provision(s) of law on which the refusal is based; (2)

The factual basis for the refusal (unless such information is

classified); (3) Any missing documents or other evidence

required; (4) What procedural steps must be taken by the

consular officer or Department; and (5) Any relief available to

overcome the refusal."

12. There are legitimate reasons why in some cases a conoff

should not release all information relating to a visa refusal;

such reasons could include classification of the information,

confidentiality concerns, the need to protect an informant, or

the "third agency rule" (information from another agency should

only be released with that agency''s permission). However,

absent such considerations, conoffs should provide the applicant

with the full factual basis for a visa refusal, as well as a

reasonable opportunity to overcome the finding. This is

particularly important to ensure that the Department''s interests

are protected in any subsequent litigation. It is important

that conoffs maintain a record at Post showing that Post

provided a written notice of the legal ground for refusal to the

applicant, and, if possible, the factual basis for the refusal

(this will normally consist of a copy of the OF-194). Conoffs

are also reminded that in accordance with 9 FAM 42.81 Procedural

Note 9, and 41.53 Note 2.3, copies of returned petitions and all

other relevant material must be retained at Post.

Conof's do not always act according to the rules.....here is why...

8. When a petition is returned to DHS, if DHS concurs with the

officer''s recommendation, DHS regulations require DHS/BCIS to

provide the petitioner notice of intent to revoke, and to allow

the petitioner an opportunity to rebut the grounds for

revocation. DHS regulations require that, in the case of

nonimmigrant petitions, the revocation must be based only on

grounds specified in the regulations. Those grounds include

evidence that the statement of facts in the petition was not

true and correct, or that the approval involved gross error.

The FAM often only summarizes the petition approval criteria

because they are too lengthy and complicated to reproduce fully

(the H regulations, for example, contain about 25 pages of

double column material). Absent access to the full DHS

regulations, conoffs may not be aware of all of the factors

considered by DHS in approving a petition. In addition, conoffs

are normally less knowledgeable about the basis for petition

eligibility than DHS personnel; they therefore should not jump

to conclusions regarding petitions. In addition, conoffs should

return petitions only where there is specific, material and

clear evidence to provide the DHS a basis to initiate petition

revocation procedures.

The source is as I previously posted.

Hot dayum .. its been along time since i see this kind of drama..

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Filed: Timeline

Sorry folks...I usually do not go back to diapers...but I'm pretty sure this OP is actually someone previously booted (El_C). I really get sick of those who come on here and shout and spout mis information to those who truly have an intrest in helping people. Unfortunately, I took this guys bait.

Robert,

Sorry this took over your post. Best of luck to you and your significant other.

L&M

Edited by LucieneandMichael
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Filed: AOS (pnd) Country: Colombia
Timeline

Thanks to all who have responded, I did not mean to set off a fire storm. The first information I got was denied, which turned out to be a request for more information. Johanna feels it is not necessary for me to come to the appointment. I did call the Embassy and was told I could attend the interview. The copy I have now of the 221g only asks for additional proof of relationship, fotos email etc. On Monday Johanna is going to call for her next appt. I can not go down until March 5th. I would attend if required and earlier appointment. Johanna feels she only needs this additional information (Which she had at the first appt) perhaps the next CO will not be having a bad day.

I will update everyone on the appt date and outcome.

Thanks Again

Robert

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

Thanks for the update and let us know when she gets to go back for her next interview. Good luck.

Mary

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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