denied k-3

[jusbola22 0]

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

[atsleumas 3]

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

That is sad!!! What evidence did you have? Don't dispair... I'm sure you can appeal? Maybe hire an attorney at this point. Im not sure, but I will pray things work out!!!

[Nlove 0]

Justina I'm sure someone will be able to help you here on VJ. Wish I could. Do not despair keep striving. Do a search on VJ for denied visa, maybe some topics will provide you with information. Nigeria is one of the hardest embassies to pass. I wish you all the best.

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

[Beth/ Paris Heart 2]

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

Im so sorry, so sorry. You need to find out exactly what the denial slip said, and then go from there.

Also maybe want to talk to the C/O who interviewed him and see what they have to say. There has been many mis understandings at interviews, I would call the embassy, and then request a new interview, and YOU need to be there!!! Its always best when U.S. citizen is present at interview.

Good luck, my heart goes out to you!!!

Call embassy as soon as they open tomorrow!!!!!!!

Edited July 23, 2009 by Paris Heart

[DGAB2008 3]

So sorry to hear this news. When you get a chance, please e-mail the details of his interview so we can have a better understanding of what may have went wrong. But, for your information, this is an article written by Attorney Mark Ellis. Sorry it is so long but it is worth reading in its entirety. This article provides guidance as to what Consular Officers should bear in mind when conducting the interview. It also expressly states what they should and should not do, regarding the adjudication of a case, and suggests that one avenue to pursue might be litigation.

The Consulate can only recommend a revocation of an approval. They can not themselves "deny" a case. You have the right to request an appointment with the Fraud Prevention Division of the Consulate (but this should be done within 2 weeks of denial, or else it is likely your case might already be on it's way back to NVC). You have the right to request a new interview . You have a right to obtain the Consulates detailed memorandum concerning your case, which should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned as to the factual evidence your husband presented that led them to request a revocation. You have the right to sue if you believe the Consulate did not follow the guidelines below, and acted contrary to their charge. Remember, they are not to "readjudicate your approval," or say, well based on the same set of facts, we would not have approved that case. They must have concrete "facts" that led them to their decision because they may (based on your will and desire) have to defend themselves in Court. So, read the article below. Be honest with yourself, based on the answers your husband gave, to determine if he gave them grounds to deny him, so that you know how to proceed.

Apparently this Attorney Mark Ellis guy knows his stuff (though I do not know him, nor have I ever made contact with him) and might be worth pursuing for legal representation.

Praying for you!

Dionne

VISAS - INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: SOP 61: GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

3. Revocation cases will be forwarded to the NVC for review and data collection, and forwarded by NVC to the appropriate BCIS Service Center. Cases will be returned from the BCIS Service Center to the NVC and then routed back to the post of origin. The NVC will follow up on cases lacking information from BCIS in a designated timeframe. Please note that conforming changes will be made in the relevant section of 9 FAM 42.43, N2, "When to Return Petitions," N3 "Returning Petitions" and PN1 "Returning Petitions for Possible Revocation" and 9 FAM 41.81 N6.6 "Additional Factors That May Raise Questions in K-1 Cases." Nonimmigrant visa petitions other than K-1/K-3 petitions returned with a recommendation for revocation will continue to be sent to the appropriate BCIS Service Center.

4. All Immigrant and K-1/K-3 Visa Revocation cases are to be returned to the following address:

National Visa Center

32 Rochester Ave.

Portsmouth NH 03801

Attn: Fraud Prevention Manager

5. Unlike consular determinations regarding visa eligibility, which are not subject to judicial review, actions relating to DHS petitions are potentially subject to administrative and/or judicial review. The Department is regularly named as a co-defendant with DHS in cases involving the return of immigrant or nonimmigrant petitions to DHS. Therefore, it is particularly important that consular petition adjudications are well documented and clearly state the basis for the petition return.

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 (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition.

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.

Sufficiency of evidence

9. 9 FAM '42.43, Procedural Note One states that when returning petitions for possible revocation, "The original petition, along with all supporting documents, shall be returned under cover of a Form DS-3096, Consular Return/Case Transfer Cover Sheet, and a memorandum supporting the recommendation for revocation. The report must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant." The criteria cited in this note derive from the Board of Immigration Appeals case, Matter of Arias, in which the Board determined that the memorandum supporting a petition return did not constitute "good and sufficient cause" for petition revocation, because it consisted of "observations of the consular officer that are conclusory, speculative, equivocal, or irrelevant to the bona fides of the claimed relationship".

10. Memoranda supporting petition returns should be scrutinized carefully and objectively, bearing in mind that they may become relevant in litigation. The memoranda should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned. For example, a statement that unnamed neighbors told a fraud investigator that a couple was not married is likely to be viewed as of relatively little value compared to a statement that names the neighbors, explains the nature of their relationship to and knowledge of the couple, and sets out the specific facts that led to the conclusion that the couple was not married. Signed statements are of greater value than second hand reports. Where a statement is prepared in English by a non-native English speaker, it should be proofread carefully. Posts can consult with CA/VO/L/A on cases where there are questions or concerns over the sufficiency of evidence cited in the memo supporting a petition return.

Notice to Applicant

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.

Additional Considerations

13. Post's requests for petition revocation are often based upon investigation results. Consular managers should ensure that their fraud prevention programs actively tie investigations to legally-pertinent factual questions, and that they are likely to produce concrete evidence. In other words, if an investigation that confirms conoff's suspicions will not serve to allow DHS to revoke the petition, post is not managing its investigations effectively. Posts can find useful guidance on managing investigations and other aspects of fraud prevention at CA/FPP's intranet site at http://intranet.ca.state.gov/fpp/fpphome.htm. In accordance with the guidance in 9 FAM 40.63 Note 10.1, where there is evidence that the petition was approved based on fraud, the fraud cannot be considered to be material until the petition is revoked, and therefore while post can enter such cases into CLASS as P6CI, post should not pursue a 6C finding until the petition is revoked or abandoned. As stated in 9 FAM 40.4 note 10.1, post should be aware that any evidence presented to DHS in support of a petition revocation may be passed to the petitioner as part of the petition revocation procedures. Finally, Posts should review 9 FAM 40.51 Note 10 on the handling of petitions where there is evidence that a labor certification was obtained by fraud or material misrepresentation.

[kayj 0]

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

find out why he was denied. based on the reason:

call and email the consulate and request to speak to a supervisor everyday

ask supervisor to review case or ask for a new appointment everyday

call ur congressman/senator and have them inquire on ur behalf and request for a review. ask for updates everyday

call the consulate

ask for a new appointment to bring more evidence and proof.

email consistently withouth fail until u get a response

get a lawyer

whatever you do, make sure the case doesnt leave nigeria. Believe me, i totally feel ur pain. if you are interested PM me and i can give u a copy of my letters. the embassy will try to blow u off by telling you that they no longer have jurisdiction, keep bothering them. make sure ur congressman and senator know how time sensitive the issue is so that they can get on it as soon as possible.

[Dakine 26]

Contact your comgressman or senators immigration specialist and have the find out exactly why the petition was denied and being sent back to USCIS. You should have done this like yesterday. Mainly before the petition is sent back. Once it's sent back you are in for a LONG tough haul. Hopefully your hubby is older than you.???

[Twisted K 2]

i am sorry to hear this. please go to the MENA regional forum. there is a pinned topic for such cases as these. many people have gone through this and have been successful. i, myself, am in the midst of this process. our case was received back on february 4. since you are married, you will more than likely have a chance to prove your case to USCIS if it does make it back. BUT MOST IMPORTANTLY, please do whatever you can to keep the petition in nigeria. if it makes it back to the usa, you will be in for a long wait. contact your senators, contact a good attorney. marc ellis is a good one. he is on here as ellis-island. good luck, and keep the faith!

[Enlighten one :) 5]

What specific reasons did they stat for your denial?

When was the interview? Contact your congrass and senator to get the embassy to keep your case. The embassy needs a documented reason to send your caes back. Did your SO answer questions wrong incorrectly, not enough evidence, applied for another visa and didn't discolse the informaiton. These would be reasons not assumptions.

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

[bayojona3231 4]

really sad right now my husband was denied his k-3 visa, they said that our marriage was for immigration purposes only, how stupid could they be, they had all of the information, everything is correct, and we had alot of evidence also, they said they were sending the case back to the states for possible revocation, can someone tell me what to do.

Please do not give up. Contact your Senator and or Congressman immediately. Good luck.

[shefellfromheaven 18]

Don't give up............... Involve Senator, Attorney and Keep calling the Embassy to get more information. Good luck

[Aniomaman 0]

Just like everyone has said, make sure the case doesn't leave Nigeria, if it does then you are in for a long wait. Contact your Senators and just to make a point clear, the embassy WILL NOT give you reasons why it was sent back but if you need to find that out then you would need to file FOI on the case(which I hear takes about a year). You need to be positive and get your congressman/woman involved asap, it's really heartbreaking since you guys are married but be sure to find out the line of questioning which your husband got from the CO. All the best.

[Y's_habibitk 2]

Echoing everyone else's advise and just want to say that I hope you get resolution soon and good luck. We're here to listen if you need to vent or share.

[notmrshamiltonnow 0]

I am so sorry to hear that sad news if you can, hire a lawyer, and do an appeal.. hopefully things willl go by smoother and faster the second time around