K1 REFUSED.... What can/ should we do now???

[ally and moh 3]

  On 5/5/2010 at 12:53 PM, ABDULnTAHLISHA said:

I did call the Consulate but was told I needed to send an email which I did before I made the call but I have not received a reply yet......

We went thru the same thing in Jordan in Sept. I went back to Jordan in Oct and we got married and are doing a CR1 now. They will take FOREVER to do anything with this back in the US.

His interview was Sept 1 and on Nov 24, I finally got info that the file was back here... and this was after I withdrew the K1 and we married!

My advice... get married and start over. It probably won't take as long as waiting to see what they do with the K1.

[TracyTN 237]

  On 5/5/2010 at 12:48 PM, ABDULnTAHLISHA said:

There was nothing really unusual about his interview.. It was pretty short. He was asked where my parents lived and if I had any siblings where they lived and what they did for a living. 1 Question did trip him up though. When asked about m parents he told the person my father dies when I was 9 years old but a few minuets later he was asked about my fathers work. He was nervous and answered with what he remembered us talking about m father....

Yes I am also muslim.... We had the tradional Moroccan party and had pictures to prove. We submmited all eveidence requested. Phone records chats emails tax records bank statement cards sent through mail..... Divorce decree.......... airline tickets..... I am here in Morocco now and visited once before for 3 weeks She did not even look at my divorce papers or any of my income info not even my airline ticketsshe just took our pics and emails and chats then asked him to come back on the 3rd and that was when he was given the refusal letter

The only notation along with other was only that the petion and application will be sent back to Homeland Security that was it......... no reason........ no explination...... nothing.......

I think it may be best to just Marry legally while I am here and submit another petition

It sounds like they've put you on AP, which is pretty common. I don't think marrying and starting over is the solution. Your fiance will still have to get through their security checks whether or not you are married to him or merely engaged.

I'm going to move this thread from the K1 process forum to the regional, MENA forum - I know there are a lot of folks there with experience in exactly this circumstance.

[Miss smarty pants 84]

  On 5/4/2010 at 12:31 PM, milimelo said:

Or it could be AP?

No. I still have the refusal form given to my fiancee in January. The 'other' box is followed by...'your case is being returned to USCIS for review.

Write down every question and answer asked during the interview. Send an e-mail to the Consulate today or call them during the short window you have. Get your congressman involved asap before your file gets sent back.

Just curious....did you only have the one visit to Morocco that you mentioned?

[Tahlisha 28]

Just received a reply to my email from the consulate. They said that our case has been sent back to the USCIS for further reveiw........... Insha'allah all will be fine please remember us in your prayers

[bridget and alen 0]

  On 5/5/2010 at 12:53 PM, ABDULnTAHLISHA said:

I did call the Consulate but was told I needed to send an email which I did before I made the call but I have not received a reply yet......

Look in the K3 visa catagory there is a topic from yesterday or the day before.Someone whom got refused in marroco filed a complaint with dos.She posted the contact info to complain.Contact her for more info.They have alot of denials from marroco consulate they are investigating it.

[Darnell 8,479]

  On 5/5/2010 at 2:50 PM, ABDULnTAHLISHA said:

Just received a reply to my email from the consulate. They said that our case has been sent back to the USCIS for further reveiw........... Insha'allah all will be fine please remember us in your prayers

Ouch - so

-- NO AP and

-- NO 'send us evidence (221g)

that's a 'denial at the consulate'.

Ya, stay on track with the marriage, file that I-130, and GOOD LUCK ! (remember to withdraw the I-129F petition after you are married, can trip you up later if not).

Good Luck !

[SweetHome_Alabama 5]

Tahlisha...I am so sorry to hear this happened to you both and without good explaination. They should have at least gave him the reason for the denial. M'hammed is working so much and extremely long hours that I don't know where he will find the time to study and prep. The man barely gets 5 hrs to sleep every night then it's back up in the early AM.........I have to wonder how they base their decision........the wife's salary? Obviously not too much religion since you are both Muslim.......did they question him of past relationships or other relationships on-line? It BUMS me how they approve some without looking at a single piece of evidence "because I believe you" and others they call liars and refuse to look at evidence brought to the interview. These CO's don't understand that when we talk to our loved ones, because of the time difference, evening here (if the wife works) and night there...we don't think to talk about past names of schools we may have attended 20-30 years ago,lol or even talk about siblings if you may not be close to the siblings...we spend the time seeing how each other's day went at work, things that may have happened, troubles bothering you, or just the fact we miss each other...It's hard for me to remember my own dates, think how hard it is for our loved ones to have to obtain so much knowlege not just about us but our family members and ex's too,lol. What they need to realize is, a terorist or scammer can remember dates and PASS their test too. Being discriminative does not make one's husband/Fiance any better or more loving than the next....They mess with people's lives by not looking at all Evidences. It's unfair to the people like Tahlisha and others who have waited their turn just to be rejected and not understand why. Just because the CO that day didn't like how he was dressed or way he answered something or if he was a handsome man or not? It makes me wonder REALLY how do they base their decision if the man has a clear police record, job record, good family, education and the wife in USA may too????

[bridget and alen 0]

  On 5/5/2010 at 2:50 PM, ABDULnTAHLISHA said:

Just received a reply to my email from the consulate. They said that our case has been sent back to the USCIS for further reveiw........... Insha'allah all will be fine please remember us in your prayers

CHECK OUT THIS THREAD YOU MAY WANT TO CONTACT THIS GIRL.http://www.visajourney.com/forums/topic/249688-important-our-us-state-is-going-to-do-an-investagtion-on-morocco/ GOOD LUCK TO YOU AND YOUR FIANCEE YOU ARE IN MY PRAYERS

[moroccan love 0]

  On 5/5/2010 at 12:22 PM, moroccogirlny said:

Having experienced this situation with Morocco I can say that they don't give you a reason for denial. You have to realize how much fraud comes from Morocco, it is also a "T" country. You can check if the petition made it back to the states, email the consulate for a batch number. Call the DOS and check if the petition is sitting at the DOS or your local service center. I can tell you this IMO, if you are muslim yourself they might have considered it a red flag that you did not marry him and only filed for a fiance visa. I assume from your profile that you only visited him once as well. Is there a big gap in age difference?

Taking action against this consulate is not going to happen unless you have thousands of dollars and the best attorney out there and even that will not help. The best thing is to stay focused on your relationship. You can re-file the K1 or marry and withdraw the 1st petition.

I am sorry, what does a "T" country mean?

[~kiyah~ 14]

  On 5/4/2010 at 10:03 AM, ABDULnTAHLISHA said:

Salaams all.... I am so upset right now.... Abduls K1 visa has been refused and we were not given a reason why. Other was checked on the refusal letter. Does anyone out there know what we can and should do from here....

Wa saalam alaikum sister!

First order of business is to know exactly what the 221g form says. If your file in fact has been refused the consulate is required to state this on the 221g form. the same if your case were to go through administrative processing, the 221g would state so...this is a department of state requirement. You could also contact the Department of State to ask them about the status and they can confirm for you whether it is being returned or is in administrative processing.

If your 221g says something like: "File will be returned to the USCIS for further review, please contact the originating USCIS office with any questions." This does mean your file is being returned. Out of the consulate in Casablanca, I have yet to see or hear of a 221g stating petition/applicaition is being returned that also included the reason(s) why. For the majority of refusal cases that are returned by Casa the reason is merely "validity of relationship." The memo the CO provides along with the returned case may or may not have specific details other than that.

There are links in my signature that are going to provide some helpful information on what to expect during the return process, and what you can do while you wait for the USCIS to receive and review your returned case. This is the first link you should read: ~ Returns & Refusals...What They Don't Tell You ~

Second order of business is to try ans stop the consulate from returning your case. There is a small window of time in which this could be successful. However, you absoutely need your senate/congressional rep's assistance in doing this. Contact your senate/congressional rep and have them submit an inquiry on your behalf...not a paper or electronic inquiry, tell them how important it is for them to be agressive and call the consulate by phone and see if there is any additional evidence that the beneficiary can provide to turn the case around, have a 2nd interview, and also find out the actual reason(s) why his visa was refused. If you do not know who your congressman/senator is, use the following links to find out who represents your area:

• US Congressional Representatives (By State)
• US Senators (By State)

If the senate/congressional rep is unsuccessful in stopping the return then you have some leg work to do before you decide on waiting out the return process, or just refiling the K1, or marrying and filing a spousal petition. It is extremely important for you to try and find out the reason(s) why the visa was refused so that if you decide to move forward and refile you are able to address those and any possible issues directly with the new petition, as well as if you wait out the return process and receive an NOIR/NOID which would need to rebut.

It is possible for you to determine possible red flags soecific to your case by going through the original K1 submission, have your fiance document every question he can remember, the way he answered it, and the COs verbal or visual response to the answer. There are a few red flags this consulate specifically looks for during the interview:

This is not an absolute list, and every case really is different, a case may have one or more of these apply to them and they have no problems at the consular stage. However, basic high level red flags for this consulate (Casa) are as follows:

• Declarations of love within days or weeks of the initial contact;
• Proposals or discussions of marriage soon after initial contact;
• Requests to the American to visit the foreign national's home country soon after the declaration of love or proposal;
• Engagement following a short time from meeting on the internet;
• Age difference with the American woman (petitioner) being significantly older;
• Marriage during the first 'in person' meeting after a short engagement.

If you can identify possible red flags, and be prepared to address each one with a new petition (up front in the original submission, don't wait until the interview!) and provide sufficient evidence of your relationship/marriage then you may be ok filing a new petition.

I would seek the consultation of a family immigration lawyer who can demonstrate they specialize in returned/denied petitions before making a final decision to either wait out the return process for the K1, or move forward by marrying and filing a new petition.

I know this is a lot of information to take in, there are also additional links in my signature which may be of some assistance to you insh'Allah. Let me know if you have any questions at all.

~kiyah~