Visa Denial

[Oasis 0]

I been thru so much in this entire process and I refuse to let them win.

I will wait to see what my lawyer has to say. currently we are trying for the petition to stay in RJ.

We deserve a second chance to interview or at least to present the evidence thats for sure.

Thanks for all the support

Oasis

[beinha 0]

Keep the faith and never give up!

Your relationship is real and this is what matters at the end, I'm praying for you guys,

Good luck,

Beinha

I been thru so much in this entire process and I refuse to let them win.

I will wait to see what my lawyer has to say. currently we are trying for the petition to stay in RJ.

We deserve a second chance to interview or at least to present the evidence thats for sure.

Thanks for all the support

Oasis

[klicristina 0]

A good article, Oasis.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[Oasis 0]

Not sure if I mentioned but he got a paper that said 212 a5a . Which means Labor Certification. But we were told the relationship is not real. 2 different things.

Thanks for the article. I already read some of it last night but will read it again.

[DedicatedWife 4]

So sorry but don't give up...keep fighting and doing what you have to do! Best wishes, keep us posted!

[Spoom 8]

Not sure if I mentioned but he got a paper that said 212 a5a . Which means Labor Certification. But we were told the relationship is not real. 2 different things.

Thanks for the article. I already read some of it last night but will read it again.

That's really odd... Labor certifications are only for work-related visas as I understand it.

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

But your fiance is not "seeking to enter the United States for the purpose of performing skilled or unskilled labor"; the visa is for him to enter as a fiance to marry you. In fact, the K-1 doesn't automatically have work authorization, so they can't even argue that he was going to work as a side benefit of entry.

Can someone verify that I'm reading the laws correctly here?

Edited March 1, 2010 by Spoom

[Oasis 0]

yes you are reading it right.

maybe the consul thinks the relationship is not real so that he can come to the states to work.

it does not even make sense. We need to fight and have this petition stay in Rio. I have every right to get anothe appointment so I can show them ALL my proof.

[Carolina+James 1]

That's really odd... Labor certifications are only for work-related visas as I understand it.

But your fiance is not "seeking to enter the United States for the purpose of performing skilled or unskilled labor"; the visa is for him to enter as a fiance to marry you. In fact, the K-1 doesn't automatically have work authorization, so they can't even argue that he was going to work as a side benefit of entry.

Can someone verify that I'm reading the laws correctly here?

You made me remember one of the K-1 forms though, when they ask about where the benificiary intends to work. I am graduated Psychologist, so I -could- try to perform skilled labor without having the proper authorization. So I made sure to respond to the questions showing my intention: to work as soon as I had authorization to do it. How I did that is by marking that I did have intention to work, but did not know employer yet, and wrote down "as soon as I am authorized to work, I'll look for it", something like that.

Oasis, does your fiance maybe answered in the forms or interview that he has some kind of skill to perform certain work and that intends to do it in US? Or that he intends to perform a work that he'd be considered unskilled in US territory? I mean, it is obvious I will try to use my diploma in US, but what if I said that without mentioning that I knew I'd have lots of limitations and waiting before I could? Maybe they could have denied me, assuming in their imagination that all I wanted was a visa to be a Psychologist in the US, without the proper authorization and recognition from the Psychology association from US, etc.

I am just putting what came to my mind, maybe this is not what happened... just using my imagination too. Maybe this happened and they simply stopped reading the rest of the application, deciding in this point the denial, and not looking at your true relationship, and yet saying it was fake.

Won't hurt to check, I guess. If you have a copy of the forms you used, please check what was written regarding work.

[Oasis 0]

I think our situation is different. They said we dont have a real realationship and slapped him with this weird code.

I guess they did not have any other code to use so they use whatever.

I called the senator yesterday, I will fight this to the end.

[klicristina 0]

I will fight this to the end.

Great

We are together

[bora bora 1]

I think our situation is different. They said we dont have a real realationship and slapped him with this weird code.

I guess they did not have any other code to use so they use whatever.

I called the senator yesterday, I will fight this to the end.

I'm sorry to read this . I'd never heard of a K1 being denied in Brazil. I don't understand this either - you were there. Did the CO know this?

I'm a female USC and I remember the CO asking my husband something about work. He was 23 and did not have a profession at that time. I don't even remember what he said, but he moved on and that was water under the bridge.

I hope this all works out. Keep your heads up!

[Oasis 0]

I sent a letter and my entire evidence to the senator last night. lets see what happens.

[Oasis 0]

I just called the senator and see if they got my letter and evidence.

I asked them if she could pleaaasseeee help me and email the consulate and request the petition to stay in Rio.

She said she thinks this most likely would not really help...... but she would do it anyway.

Arrrrgghgh.

[TracyTN 237]

Not sure if I mentioned but he got a paper that said 212 a5a . Which means Labor Certification. But we were told the relationship is not real. 2 different things.

Thanks for the article. I already read some of it last night but will read it again.

I agree with Spoom - how odd! What did your lawyer say about that?

[Oasis 0]

Thats to talk at a later point.

right now that petition need to stay at the consulate thats for sure.

I called the Senator earlier and I think I was talking to a 18 year old. ( thats what she sounded like )

I requested that she pleasse email the consulate and request my petition to stay there. Now, hopefully she will do that.