Contacting the Consular General?

[irnmtn25 0]

Hi everyone,

I am in need of some advice/suggestions....

My fiance had his K-1 interview on 12/21/09. He was not given a visa, but instead, given a 221(g) paper asking for additional evidence of a bona fide relationship. We supplied the embassy with two more letters that he found from me to him, but we have heard no response yet. I have also contacted my local Congressman, and am seriously considering my local Senators as well. I am wondering--and this is where I need the suggestions--should I also contact the Consular General at the Embassy? The reason why I say this is because my fiance told me that in the interview, the 3 people (besides the consular officer) who asked him questions asked nothing about him...and all about me. He answered everything correctly, but the interviewers ensinuated that was trying to commit visa fraud...even though I was not there to defend myself from the accusation! One thing I am learning about the Embassy is that there is no way for the American citizen to plead a case...and the channels for doing so are not well defined.

Any advice on how to proceed next are greatly appreciated. I am sure we can all benefit from any ideas or opinions on this one!

[irnmtn25 0]

PS...The USCIS approved our petition in 56 days...less than 2 months...and it went straight through the NVC to the Embassy within days. It just seems odd to me that it would stop at the Embassy-level. If there was something wrong, shouldn't have been caught before now?

[Minya's wife 25]

What exactly did you submit in your initial evidence of ongoing relationship? It sounds like they found that evidence lacking and were asking for more. I'm not sure if two additional letters will satisfy the "more" evidence requirement. Did you also include a letter to the consulate directly addressing their concern? If not, have you tried e-mailing the consulate and 'pleading your case'?

The reason why I say this is because my fiance told me that in the interview, the 3 people (besides the consular officer) who asked him questions asked nothing about him...and all about me. He answered everything correctly, but the interviewers ensinuated that was trying to commit visa fraud...even though I was not there to defend myself from the accusation!/

Who else besides the consular officer asked him questions. Given that your fiancee is applying for a fiance visa, he would be asked questions about you and your relationship....they're not all that interested in him, only how well he knows you and how 'genuine' the relationship between the two of you. Insinuations of visa fraud are made pretty regularly especially if the CO feels that there are inconsistencies.

[MRStee 19]

Only an opinion

From what Ive read from previous posts and my own fiance's interview experience. You need to provide them with proof of a bonafide relationship. Letters, pictures, maybe letters from others who can vouch for you guys. Proof that you've visted one another, things of that nature. The more you provide, the stronger your case will be.

Good luck!

[irnmtn25 0]

I would love to contact the Embassy directly. The problem is who do you contact? The Consular General? The Immigrant Visa Unit? There is no 'direct' person to contact, only general e-mail addresses....

My fiance had two letters, photos from our meeting last July, 3 letters of intent (1 each signed by us...and 1 signed jointly), phone records....plus all of the financial information (tax returns, employment letters, pay stubs). I told him that we needed more evidence, but he wouldn't listen to me....

[Minya's wife 25]

I would love to contact the Embassy directly. The problem is who do you contact? The Consular General? The Immigrant Visa Unit? There is no 'direct' person to contact, only general e-mail addresses....

My fiance had two letters, photos from our meeting last July, 3 letters of intent (1 each signed by us...and 1 signed jointly), phone records....plus all of the financial information (tax returns, employment letters, pay stubs). I told him that we needed more evidence, but he wouldn't listen to me....

The consulate usually has both an Immigrant Visa and Non-Immigrant Visa Unit e-mail. Just e-mail both sections, with a general "Dear Sir/Madam" greeting, and reference your fiance's case. It sounds like you provided good evidence, but it seems that the consulate is not satisfied. I'm not sure that providing only two more additional letters will do the trick either....so a letter from you would definitely be a good idea. If you fiance hasn't yet submitted the extra documents, I'd say include the letter with it, but if he already has, then send e-mails to the consulate.

[irnmtn25 0]

Yeah, we have submitted that evidence already. But, I can try emailing the immigrant and non-immigrant visa units....and there is an email address for the Consular General. I figure that it can't hurt....

[Anh map 2,098]

I would love to contact the Embassy directly. The problem is who do you contact? The Consular General? The Immigrant Visa Unit? There is no 'direct' person to contact, only general e-mail addresses....

My fiance had two letters, photos from our meeting last July, 3 letters of intent (1 each signed by us...and 1 signed jointly), phone records....plus all of the financial information (tax returns, employment letters, pay stubs). I told him that we needed more evidence, but he wouldn't listen to me....

If that is the total amount of evidence that was submitted to demonstrate a bona fide relationship between two persons prepared to marry, I can see where a CO would want to see more.

Do you two have more evidence of communication that can be provided?

[john & jean 37]

I would blow up their fax machine, with evidence! also would be calling daily! IT WORKED FOR ME!!!!!!!!

[Gary and Alla 3,694]

PS...The USCIS approved our petition in 56 days...less than 2 months...and it went straight through the NVC to the Embassy within days. It just seems odd to me that it would stop at the Embassy-level. If there was something wrong, shouldn't have been caught before now?

It is not odd at all. USCIS does not issue or deny visas, they approve petitions. NVC does some background checks. The consulates determine if the relationship is valid and meets the requirements for visa issuance. No one else even looks into that or cares. The people that "frontload" petitions do not do it for USCIS, who couldn't care less, it is just extra paper to them. they do it to make sure the documents get "behind the glass" at the consulate. Some difficult consulates, and India is a very difficult consulate as the country is rife with visa fraud, will refuse to look at evidence and then deny a visa for "lack of evidence", frontloading evidence helps to prevent that. But the USCIS and NVC do not look at that and do not pass judgement on it. Getting a petition approved and forwarded to a consulate insures only that your fiance has the opportunity to APPLY for a visa, nothing else.

They asked for additional evidence, is that all you had? There really is nothing your congressman can do at this point. You could call the consulate visa office and ask for an update but they may not give you any information. They can ask any questions they want in an interview and often ask questions about the petitioner. In difficult consulates it is essential your fiance be prepared (even in so-called easy consulates) and the level of evidence presented be enough to overcome any "red flags" Seems to me there were lots of "red flags" if he had 3 people interviewing him. This is not normal.

[Gary and Alla 3,694]

I would love to contact the Embassy directly. The problem is who do you contact? The Consular General? The Immigrant Visa Unit? There is no 'direct' person to contact, only general e-mail addresses....

My fiance had two letters, photos from our meeting last July, 3 letters of intent (1 each signed by us...and 1 signed jointly), phone records....plus all of the financial information (tax returns, employment letters, pay stubs). I told him that we needed more evidence, but he wouldn't listen to me....

Immigrant visa unit usually handles even K-1 visas. Your evidence is very light. We had tons more than that and went through perhaps one of the easiest consulates for K-1 visas.

[Starlight95 1]

I would love to contact the Embassy directly. The problem is who do you contact? The Consular General? The Immigrant Visa Unit? There is no 'direct' person to contact, only general e-mail addresses....

My fiance had two letters, photos from our meeting last July, 3 letters of intent (1 each signed by us...and 1 signed jointly), phone records....plus all of the financial information (tax returns, employment letters, pay stubs). I told him that we needed more evidence, but he wouldn't listen to me....

You email the immigrant visa unit and make sure you include your fiance's dob and yours. Someone will respond, from the immigrant visa unit. Also, make sure to include the NVC case number in the subject line of your email. Hang in there, just remain in contact with them, and even if you don't get a response immediately don't get discouraged. You will hear something soon.

Star

Edited January 12, 2010 by Starlight95

[effieb 1]

It is not odd at all. USCIS does not issue or deny visas, they approve petitions. NVC does some background checks. The consulates determine if the relationship is valid and meets the requirements for visa issuance. No one else even looks into that or cares. The people that "frontload" petitions do not do it for USCIS, who couldn't care less, it is just extra paper to them. they do it to make sure the documents get "behind the glass" at the consulate. Some difficult consulates, and India is a very difficult consulate as the country is rife with visa fraud, will refuse to look at evidence and then deny a visa for "lack of evidence", frontloading evidence helps to prevent that. But the USCIS and NVC do not look at that and do not pass judgement on it. Getting a petition approved and forwarded to a consulate insures only that your fiance has the opportunity to APPLY for a visa, nothing else.

They asked for additional evidence, is that all you had? There really is nothing your congressman can do at this point. You could call the consulate visa office and ask for an update but they may not give you any information. They can ask any questions they want in an interview and often ask questions about the petitioner. In difficult consulates it is essential your fiance be prepared (even in so-called easy consulates) and the level of evidence presented be enough to overcome any "red flags" Seems to me there were lots of "red flags" if he had 3 people interviewing him. This is not normal.

Gary,

When you state NVC does a background check what kind of background check. What are they looking for? Just curious.

[irnmtn25 0]

I called the State department's visa office to ask them about if I have to do anything regarding the expiration of the USCIS' I-797 NOA approval notice, which expires Feb. 8. They said that the approval notice is automatically extended until a final decision is made about the visa. (I figured that, but wanted to make sure.) But, I did ask if there was an update to the visa status--nothing. However, the lady put me on hold for a minute....before she did she was really jovial and friendly...and after the hold period....came back and was fast and curt to get off the phone...just telling me to contact the Consulate to plead my case (which I had asked her who to contact as a US citizen if I wanted to plead my side of the case). It just seems odd how all that happened, and I am wondering, like the above poster, if there is something else going on besides the bona fide relationship thing. Maybe a background check or something....came back funny? There's a flag on the record? This is the second time that I have been put on hold at the State department....kinda odd. I am sure I am reading too much into it....but I have this feeling...intuition I guess?

[Gary and Alla 3,694]

Gary,

When you state NVC does a background check what kind of background check. What are they looking for? Just curious.

They actually use a number of US and international lists of "bad guys". If a name comes up as "hit" then they have to do a "manual check" to make sure you are not THAT guy. USCIS also does this, though their list of bad guys may or may not be different and is no doubt updated between the times it is done. See the pinned topic at the top of the K-1 forum for an idea from the VSC director, NVC is similar.