VISA DENIED IN PERU HELP ME!! CONFUSED

[Dylan'sWife 2]

Just to clear up a few things, because we are also going through a similar situation where the Visa was denied and we were not even given the opportunity to file a Waiver. When the Visa is denied for some other reason, that's pretty much the end of the road. They won't even allow you to file a Waiver, regardless of what the circumstances. The CO's decision is final. The Waivers can be filed only by those eligible to file. It appears that the CO found the OP ineligible to file. The only way to overcome a CO's decision is to file either 1) Advisory Opinion with the Department of State...or 2) Motion to Reconsider with the Consulate.

Agree-ed.

It never got to the point where she was denied the visa because of the overstay- which requires a waiver.

The visa was denied because the consular obviously thought it was a fraudulent marriage and its purpose was solely for the basis of immigration intent. That is not a waivable act.

Should they win their appeal and are able to convince the Consular at the second interview that it is indeed a bonifide marriage, she will be denied again because of the overstay. Then she may file a waiver.

[~Laura and Nick~ 5]

ANY UPDATES ON YOUR CASE??

I'm afraid we may never find out. This person hasn't logged on in over a year.

[chaingang 7]

Just to clear up a few things, because we are also going through a similar situation where the Visa was denied and we were not even given the opportunity to file a Waiver. When the Visa is denied for some other reason, that's pretty much the end of the road. They won't even allow you to file a Waiver, regardless of what the circumstances. The CO's decision is final. The Waivers can be filed only by those eligible to file. It appears that the CO found the OP ineligible to file. The only way to overcome a CO's decision is to file either 1) Advisory Opinion with the Department of State...or 2) Motion to Reconsider with the Consulate.

Agree-ed.

It never got to the point where she was denied the visa because of the overstay- which requires a waiver.

The visa was denied because the consular obviously thought it was a fraudulent marriage and its purpose was solely for the basis of immigration intent. That is not a waivable act.

Should they win their appeal and are able to convince the Consular at the second interview that it is indeed a bonifide marriage, she will be denied again because of the overstay. Then she may file a waiver.

they did samething to me they were sending my case back and with the grace of God i was able to stop my case here in Islamabad but now i am in ap/ar

[michellea 0]

I know that the guy mentioned in our interview that there was nothing of concern in our file, "such as a overstay".

I gathered from his comment that it's a very big no no to stay longer than you are allowed to.

Oh, and about the USC being with you at the interview, my husband was there, and holding my hand (I was really nervous) the interview guy made a comment stating something like that it's obvious we are together, so I think that it helped.

Bigger thing that i learned is that people can tell how often we log on.. does that mean you can see how many times I just read rather than posting...?? uh oh.

Edited February 25, 2008 by michellea

[R de la R 2]

You were both interviewed? I havent heard of this too much.

It is very common here in my country (Dominican Republic) they take both people to separated room and ask same question to see if they match answering them. If not, the Consulate say that it is a fake marriage.

[pcana 1]

You were both interviewed? I havent heard of this too much.

It is very common here in my country (Dominican Republic) they take both people to separated room and ask same question to see if they match answering them. If not, the Consulate say that it is a fake marriage.

Same in El Salvador Embassy (it's not mandatory to attend interview together) however in our case it was a little bit different, for the first interview on Jan 29th my husband was given a white paper stating that I needed to be there for a second interview,I guess the OC had doubts about our bonafide marriage so I had to flight to ES in be with him for the second interview which took place on Feb. 5th and Yes we were interrogated separated in 3 different ocassions but never together,well it took over 3 hours to convinced the OC that our relationship was real and He was granted the visa the same day,it didn't need any extra ap or anything else,4 days later he went back to pick up his passport at the embassy.