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Visa denied at interview in Rio

By bartonr3 in K-1 Fiance(e) Visa Case Filing and Progress Reports

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bartonr3 Apprentice

bartonr3   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

My fiance had her interview today and was denied. They said her Son who was born in Brazil and only has a Brazilian birth certificate and passport needs to get an American passport since his father is American. The father has never even seen the boy and has never paid child support. We don't even have an address for the father in the US. The father did sign the Brazilian birth certificate but that is all he did. We went to court in Brazil and a judge signed a letter of permission for her son to leave Brazil. I can't belive this happened, and I need some advice as to what to do next.

I would appreciate all help and advice.

Thanks!

Twisted K Mentor

Twisted K   2

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

sorry i do not have any advice, just sending (F). good luck, and i hope you can overcome. denials are very painful. been through one.

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted (edited)
My fiance had her interview today and was denied. They said her Son who was born in Brazil and only has a Brazilian birth certificate and passport needs to get an American passport since his father is American. The father has never even seen the boy and has never paid child support. We don't even have an address for the father in the US. The father did sign the Brazilian birth certificate but that is all he did. We went to court in Brazil and a judge signed a letter of permission for her son to leave Brazil. I can't belive this happened, and I need some advice as to what to do next.

I would appreciate all help and advice.

Thanks!

I don't know if this helps, but if the father had to sign the birth certificate, didn't he have to show some kind of ID?

Does the mother have any verifiable proof that her son's father is American?

Looks like a possible (not probable) case for DNA testing (does she have any genetic material verified to belong to the father

that could be connected to the son?). Sounds kind of roundabout, but the USCIS has a load of regulations and I guess this

is the time to dig, dig and then dig some more. Maybe some help from a representative is in order. Best of luck.

I also think this could be a case of "reasonable doubt" meaning the Brazilian court gave permission for the kid to leave

because there was reasonable doubt that the father was Brazilian and therefore there were no paternal rights enforceable

by Brazilian law. If they needed MORE proof than reasonable doubt, maybe there is a bona-fide case for the kid being

declared an American citizen. Any lawyers out there feel free to blow this reasoning to bits. It's what you shysters to best.

Edited by thongd4me

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

does not matter if the father was a "scumbag" and has not taken any interest in the child... the child has an apparent claim to US citizenship... that needs to be resolved... a USC cannot be issued a visa... that is why they need it resolved

YMMV

TBoneTX Grand Master

TBoneTX   46,171

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

I have no connection with this law firm except a VERY positive experience as a client:

http://www.fosterquan.com -- the largest immigration-law firm in Houston, and extremely experienced in all facets of immigration. (You do not necessarily need a LOCAL firm; you need a GOOD one.)

Request their e-mail consultation (very reasonable fee). The coordinator will be in touch, and you'll be put into contact with an attorney surprisingly quickly. One attorney there has consular experience himself as a vice-consul (in Venezuela); if you request him, you may get him.

Keep us apprised, si man. We're pulling for you.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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