A glimmer of hope

[ms_jinga_lala 0]

Don't get me wrong, I'm not delusional, I just see the good in this. I spent my weekend and most of today on the phone calling everyone that I could. As it turns out my Senator's office is going to help me! I never got through to the embassy - was calling from Friday until today, at least not to anyone helpful. Today I got through to the DOS. Boy let me tell you....some things are seriously out of place. There was no mention in their files that the case was denied because the NOA-2 expired, which if you saw the document I posted it clearly says it was expired and that was part of the denial. She said it wasn't even mentioned as a reason for denial. Then she told me the consulate had entered information in there as his reason for denial that was information that I had included in the original petition to USCIS. Specifically he typed in there that I was married with three children as part of the visa denial. She couldn't tell me word for word but after I developed a repoir with her, she gave me a lot of information, including a direct number for someone very specific to call at USCIS who could help me even more. According to their own regulations he can't deny (or revoke...don't have the info in front of me) the petition for things that the USCIS already knew. The consular officer also said because my fiance was nervous that he suspected fraud. Now that part I can't fight but so hard, he was nervous. Furthermore he was not offered or given the chance to speak with anyone in his native language and due to his nerves his English was very broken. But now that I know what the consular officer said, I have a much better understanding of what has happened. I also have hope that if I keep fighting this will turn out well.

The DOS told me that USCIS would interview me either in person or by mail and then the embassy may grant the visa with no second interview, may require us both to come in and be interviewed either separately or together. I'm ready.

Thank you all for your support and encouragement. Any of you ever been given this kind of information? I know now we are headed for the appeals process most likely, but it was my understanding the DOS didn't give you the information from the interview and I am surprised that she gave a direct line to someone at USCIS. I know in my heart the consular officer abused his authority to cause us trouble for no reason, and it looks like someone in a better pay bracket agrees with me. I feel more hopeful now.

[ELW 5]

Looks like your hard work is paying off! Bravo for getting so much info!

Certainly, there is no doubt that the Consular officer made his own decision based on his own biases, but that is normal. It is part of the Indian culture to suspect why a man would want to marry a women who already has children from a previous marriage. It is definitely true that the CO is not supposed to deny a case based on facts already known by the USCIS but again, cultural discrimination pays a big part and even with very very determined people (several cases I have read on VJ over the years) I haven't so far come across a case where they were approved once the case was denied and returned to USA. I HOPE YOU ARE THE FIRST!! Please keep calling and making contacts with anyone who you think may help. Don't depend upon one person (example, the Senator's office), but try to get others to help you too, both in India and in USA. Think and think who else you can contact, and be determined. Keep us informed of every step! Hope and pray you can get your case approved ASAP!

[Starlight95 1]

Looks like your hard work is paying off! Bravo for getting so much info!

Certainly, there is no doubt that the Consular officer made his own decision based on his own biases, but that is normal. It is part of the Indian culture to suspect why a man would want to marry a women who already has children from a previous marriage. It is definitely true that the CO is not supposed to deny a case based on facts already known by the USCIS but again, cultural discrimination pays a big part and even with very very determined people (several cases I have read on VJ over the years) I haven't so far come across a case where they were approved once the case was denied and returned to USA. I HOPE YOU ARE THE FIRST!! Please keep calling and making contacts with anyone who you think may help. Don't depend upon one person (example, the Senator's office), but try to get others to help you too, both in India and in USA. Think and think who else you can contact, and be determined. Keep us informed of every step! Hope and pray you can get your case approved ASAP!

This is very good progress, and I do think all your hard work is going to pay off.

[ms_jinga_lala 0]

Looks like your hard work is paying off! Bravo for getting so much info!

Certainly, there is no doubt that the Consular officer made his own decision based on his own biases, but that is normal. It is part of the Indian culture to suspect why a man would want to marry a women who already has children from a previous marriage. It is definitely true that the CO is not supposed to deny a case based on facts already known by the USCIS but again, cultural discrimination pays a big part and even with very very determined people (several cases I have read on VJ over the years) I haven't so far come across a case where they were approved once the case was denied and returned to USA. I HOPE YOU ARE THE FIRST!! Please keep calling and making contacts with anyone who you think may help. Don't depend upon one person (example, the Senator's office), but try to get others to help you too, both in India and in USA. Think and think who else you can contact, and be determined. Keep us informed of every step! Hope and pray you can get your case approved ASAP!

Well, thank you! I'm definitely not done. I don't know what is going to happen with the petition now, however I was sure I had read on here of someone who had their petition reaffirmed and sent back but it had taken so long to accomplish. Even if this doesn't work out I want to make sure my complaints do not go unheard. As it is the embassy is not emailing me back and I've emailed several email addresses there associated with the embassy. I'm going to spend tomorrow making more calls....looks like I could be snowed in so I may get them all made tomorrow.

[Twisted K 2]

that is awesome you are well on your way. amazing you got information out of DOS, as the tend to be closed mouth a lot of times. keep up the good work

[sachinky 465]

I'm rooting for you! Good luck. Let us know as it goes.

[Raj456 0]

I wish you BEST OF LUCK in your process and hope your prayers and hard works pays off.

Good Luck! Thanks, Raj

Don't get me wrong, I'm not delusional, I just see the good in this. I spent my weekend and most of today on the phone calling everyone that I could. As it turns out my Senator's office is going to help me! I never got through to the embassy - was calling from Friday until today, at least not to anyone helpful. Today I got through to the DOS. Boy let me tell you....some things are seriously out of place. There was no mention in their files that the case was denied because the NOA-2 expired, which if you saw the document I posted it clearly says it was expired and that was part of the denial. She said it wasn't even mentioned as a reason for denial. Then she told me the consulate had entered information in there as his reason for denial that was information that I had included in the original petition to USCIS. Specifically he typed in there that I was married with three children as part of the visa denial. She couldn't tell me word for word but after I developed a repoir with her, she gave me a lot of information, including a direct number for someone very specific to call at USCIS who could help me even more. According to their own regulations he can't deny (or revoke...don't have the info in front of me) the petition for things that the USCIS already knew. The consular officer also said because my fiance was nervous that he suspected fraud. Now that part I can't fight but so hard, he was nervous. Furthermore he was not offered or given the chance to speak with anyone in his native language and due to his nerves his English was very broken. But now that I know what the consular officer said, I have a much better understanding of what has happened. I also have hope that if I keep fighting this will turn out well.

The DOS told me that USCIS would interview me either in person or by mail and then the embassy may grant the visa with no second interview, may require us both to come in and be interviewed either separately or together. I'm ready.

Thank you all for your support and encouragement. Any of you ever been given this kind of information? I know now we are headed for the appeals process most likely, but it was my understanding the DOS didn't give you the information from the interview and I am surprised that she gave a direct line to someone at USCIS. I know in my heart the consular officer abused his authority to cause us trouble for no reason, and it looks like someone in a better pay bracket agrees with me. I feel more hopeful now.

[sara..... 371]

that is good news your in my prayers

sara

[Amit-N-Melody 11]

I am keeping you in my prayers.... Keep us informed with whats goin on

[Amit-N-Melody 11]

Then she told me the consulate had entered information in there as his reason for denial that was information that I had included in the original petition to USCIS. Specifically he typed in there that I was married with three children as part of the visa denial.

I am curious what information did you send in with the original petition that told the USCIS about your children? I have 3 children, and I dont recall where I could of included this information. I did send in divorce papers and the kids are in there... also when it is time for me to do the AOS I am going to have to earn enough for 5... so they will be included there. I am just wondering if you sent in any additional information... Or am I missing out on something?

It is part of the Indian culture to suspect why a man would want to marry a women who already has children from a previous marriage. It is definitely true that the CO is not supposed to deny a case based on facts already known by the USCIS but again, cultural discrimination pays a big part and even with very very determined people

Wow... you know I havent even considered this until this case, that our petition could be denied because of my kids... any advice for the rest of us that has yet to have an interview? I have 3 kids... and regularly they draw pictures etc... and I mail these to Amit and his family. Amit has mailed the girls some jewlery. When it comes time for his interview I am going to fly to Delhi with my Mom, and go along with him. I am open to suggestions on what else I might need to prepare for that I can get together and start collecting or doing...

Melody

[Amit-N-Melody 11]

I was having a freak out for 1 second.... I went and looked at the I-130 and the I-129f that I have filed out and mailed in, and no where on there did it ask about my children... on the I-130 it asks about his children.. but not mine..... so... ..... gosh... I hate panic attacks....

[ms_jinga_lala 0]

I am curious what information did you send in with the original petition that told the USCIS about your children? I have 3 children, and I dont recall where I could of included this information. I did send in divorce papers and the kids are in there... also when it is time for me to do the AOS I am going to have to earn enough for 5... so they will be included there. I am just wondering if you sent in any additional information... Or am I missing out on something?

Wow... you know I havent even considered this until this case, that our petition could be denied because of my kids... any advice for the rest of us that has yet to have an interview? I have 3 kids... and regularly they draw pictures etc... and I mail these to Amit and his family. Amit has mailed the girls some jewlery. When it comes time for his interview I am going to fly to Delhi with my Mom, and go along with him. I am open to suggestions on what else I might need to prepare for that I can get together and start collecting or doing...

Melody

Just a note, not sure if it matters. My fiance is 26, I am 32. He has never been married and has no children. These details would not ordinarily matter too much, and they may not now, but just so you know what I'm working with. His family is an educated family and is a lot more modern thinking than most of the Indians I have met.

In my case my divorce decree is about 20 pages long. There are full details about the children, child support, custody, etc. We divorced through the military and they covered every angle. I sent all the information mentioned in the guides here on visajourney and I did not front load my petition. There may be more details in my divorce decree than most people have. I wrote letters that were turned into the VFS - explanation of finances, details of me learning Punjabi to speak with his family, and a letter about meeting him - 4 pages in all. He turned in 27 pictures and 10 pieces of snail mail along with all the required documents. For my I-134 I submitted my tax transcript and a copy of the actual tax papers for 2008 and my W-2 statements, my divorce papers (again), 4 pay stubs from each of my jobs, job letters, bank letter, and all the required things listed here on visa journey. The consular officer found no problems with any of our documentary evidence.

My fiance took a photo album written by me in Gurmukhi (Punjabi) and English with over 100 pictures, more cards and letters, and some backup evidence just in case they were not satisfied with what was already submitted. That included more employee letters, and a couple of papers I thought were needed. They never asked for anything.

I got through to the USCIS today and spoke directly to an Immigration officer. The immigration officer told me that she believed the CO sent my case back out of his own bias. She told me that I did the right thing by contacting the Senator. I spoke with the Senator again today after faxing some papers they asked for and the lady who was helping me sounded upbeat and excited and told me they had contacted the embassy and that they had a response from them. She then advised me in an upbeat, happy tone again that they had sent me something in the mail and she was unable to tell me any information because she was not my actual case worker and that my case worker was the one who sent me something. I do have a little hope, but to be honest I am just happy to have had someone hear me and take action with me. Since her tone was upbeat and she didn't sound like it was not good news I'm a little hopeful that what they are sending me is good news. I will definitely keep you all posted. I'm not done making phone calls. I intend to call the NVC tomorrow. I don't expect them to be a tremendous help, but I want to talk to them to see if I can find out anything. Any information helps.

I am fully prepared to see all of this through to the end. I am prepared to accept if things do not go well and we have to start over, even though I would not be happy about it. I just feel like I owe it to myself to see this through. I feel like I owe it to the entire immigrant community to keep fighting and help curb this kind of ridiculous and frivolous ####### that is being dealt by the embassy. When my own case is over, I am seriously considering devoting myself to fighting for some kind of reform. I know it's not phenomenal but I will have a BSCJ in criminal justice on April 25th. I have already started pursuing training and opportunities to enforce my learning and I plan to use my skills to help others. I plan to be a thorn in immigrations side the way MADD is to drunk drivers. The CO's are not above the law and something needs to be done about their behavior. I am not the first and I will not be the only one fighting. In the meantime I found some links that you guys may be interested in or may find helpful. They are definitely worth reading.

Part 1 - http://www.ilw.com/articles/2004,0429-ellis.shtm

Part 2 - http://www.ilw.com/articles/2007,1018-ellis.shtm

Pay close attention to how often he mentions lawsuits. These CO's get sued all the time. This cost the government too much money, the more of us that stand together, the harder they will be on the jerks that pull this ####### on us and the more likely they will be to continue to regulate them. They won't keep losing so much money forever, they will want this kind of stuff to decrease.

I will keep you all updated as things continue to play out. Thank you all so much for your support, it's kept me strong and been very helpful through this entire process.

[ELW 5]

Wow, you are really great, and all what you say is true! We need a trailblazer to show the way to others who may be unfairly denied. All the evidence you gave is really overwhelming and I am just aghast at how they blatantly discriminated against you.

It is unfortunate that some cultures consider "red flags" as reasons to deny visas - such as USC female being much older and having children from a previous marriage. In fact, my husband is 16 years younger than me but we were approved with no problem in Chennai - I'm pretty sure because neither of us were married before or had children, as well as we had known each other for years and I lived in India for many years. Another VJ member lives in my town, she also has three kids but her Pakistani fiance was approved for K1 because he was a student in London - obviously, they don't mind such things!

Please do fight on and let us know every step, so others will know what to do just in case. We are waiting like you to see what you will get in the mail!

[ms_jinga_lala 0]

I got my letter from the Senator. There was 2 copies enclosed of the response from the embassy. They didn't even apologize, they only said that they regretted it happened and that customer service was a high priority. Then they restated that the visa was denied for our NOA-2, but that is not what was in the DOS computer. He also said that the consular officers have to uphold the strict regulations and laws. That's good...coz this one broke the regulations and I have this letter to show that they agreed he wasn't supposed to. I may never know if it happened, but at the very least I hope they let him know he had a congressional inquiry filed against him so he can sweat over it. At the very least with his BS response I have more evidence for my case.

My fiance contacted the prime minister, who as it turns out is from his city and went to the same college and was recently discriminated against and denied a visa by the New Delhi embassy, to request his assistance. Regardless of the outcome we are both going to continue filing complaints. In the meantime we are also working on moving forward and continuing to pursue a visa, just at this point we are not sure which one - this one or a new one. The waiting sucks and still a full week later the NVC has not received his package back yet. I will keep you all posted.

[Twisted K 2]

it took a good 2 months before our case made it back to uscis.