SHAM!! Help

[psr 1]

I need some inputs from the community. I had my consulate interview with my fiancee back in Feb 9th, 2010 and the response we got was it's a "Sham" in return was denied. I am a US citizen and my fiancee is Cambodian. I was introduced to her by my co-workers (family member). Has anyone else gotten a "sham" and received a second chance with the same petition or did you do something otherwise?

The consulate officer deemed it not a bona fide due to the fact that she didn't speak enough english, didn't know what a COO (Chief Operating Officer) does at work, couldn't name my golfing buddies names. She anwswered everyone of those baseline questions with the correct answer, but couldn't go into details, due to the fact that he conducted the interview in english through a 2 inch glass window with a horrible mic that was no better than a drive through McD's. I need some insights into this. I've spoken with many attorney's and they have no clear answers. it's been going on 4 months since the interview and no letter back from the embassy and NVC as to what I can do. HELP. thanks people

[sachinky 465]

I need some inputs from the community. I had my consulate interview with my fiancee back in Feb 9th, 2010 and the response we got was it's a "Sham" in return was denied. I am a US citizen and my fiancee is Cambodian. I was introduced to her by my co-workers (family member). Has anyone else gotten a "sham" and received a second chance with the same petition or did you do something otherwise?

The consulate officer deemed it not a bona fide due to the fact that she didn't speak enough english, didn't know what a COO (Chief Operating Officer) does at work, couldn't name my golfing buddies names. She anwswered everyone of those baseline questions with the correct answer, but couldn't go into details, due to the fact that he conducted the interview in english through a 2 inch glass window with a horrible mic that was no better than a drive through McD's. I need some insights into this. I've spoken with many attorney's and they have no clear answers. it's been going on 4 months since the interview and no letter back from the embassy and NVC as to what I can do. HELP. thanks people

Big red flag.

Others more experienced with denials and how to deal with returned cases will chime in.

Depending on the service center, the petition might just be allowed to expire.

[ryna 132]

Big red flag.

Others more experienced with denials and how to deal with returned cases will chime in.

Depending on the service center, the petition might just be allowed to expire.

Maybe I'm missing something here but how is being introduced by someone you know a big red flag?

And, to the OP - Sorry for your ordeal. I really have no idea about the options you can pursue.

Edited June 28, 2010 by ryna

[Barron 1]

Big red flag.

Others more experienced with denials and how to deal with returned cases will chime in.

Depending on the service center, the petition might just be allowed to expire.

I was introduced to my fiancée by friends and that was fine, also though had lots of proof we had spent lots of time together and took a lot of expensive phone bills with me to my interview.. Although they never asked..

I wish the OP well...

[sachinky 465]

Being introduced by someone you know is very common (I met my husband in college through his roommate who was a friend of mine) but being a introduced by a family member of the beneficiary is a 'red flag.' I assume that's what the OP meant -- that his co-worker is a member of his fiancee's family. It may not be in the U.K. but it is in high-fraud consulates.

Edited June 29, 2010 by sachinky

[psr 1]

Being introduced by someone you know is very common (I met my husband in college through his roommate who was a friend of mine) but being a introduced by a family member of the beneficiary is a 'red flag.' I assume that's what the OP meant -- that his co-worker is a member of his fiancee's family. It may not be in the U.K. but it is in high-fraud consulates.

to answer your reply. it was arranged by the family. I see where you are going with that. I've heard where family members pay people to bring their relatives over from their country. While the replies haven't been what I was looking for. I just wanted to thank the ones who have commented and given their kind remarks. thank you.

regards

[Jared and May 16]

So did you refile? That would seem to be the logical thing to do..

[sachinky 465]

You can wait for the petition to expire or be reaffirmed.

Or you can get married and file for CR-1.

Be ready to respond to NOIR/NOID otherwise the finding of the CO (fraud/sham) will become a permanent marker on her file.

[psr 1]

So did you refile? That would seem to be the logical thing to do..

I am in the process of getting my petition withdrawal. So far with all of the information coming in, it is the logical thing to do and submit a new petition assuring a new interview. thank you

[psr 1]

You can wait for the petition to expire or be reaffirmed.

Or you can get married and file for CR-1.

Be ready to respond to NOIR/NOID otherwise the finding of the CO (fraud/sham) will become a permanent marker on her file.

I've just gotten that information as to the NOIR/NOID and if not responded in time the permanent marker is not good.

Have you heard anything as to a 2nd petition somehow being a little faster than the first or is it a myth? thanks

[Old Dominion 26]

it will help if you are there for the interview -- just to help emphasize the sincerity of the relationship, even though you might not be part of the interview. the second petition will not go any faster, sorry.

[Anh map 2,098]

Which consulate handled the interview? Phnom Phen?

Not to rub salt in a wound, but if in Phnom Penh she ought to have requested the interview in Khmer.

Do you two communicate in Khmer? English? Another language? Lack of English skills won't get a denial.

You are going to need to address the issues that led to the denial. A second petition without better prep and/or evidence of a bona fide relationship will result in another denial.

[psr 1]

it will help if you are there for the interview -- just to help emphasize the sincerity of the relationship, even though you might not be part of the interview. the second petition will not go any faster, sorry.

thanks for the input. I should have clarified a little more. I meant the petition process and not the interview itself. since they know this is a second petition and having my file already. IMHO I think me being there at the first interview hurt our chances. after the CO saw me and he knew that I couldn't speak KHMER at all, he conducted the entire interview in english through that 2 inch glass and the bad mic didn't help. regards

[JimVaPhuong 4,863]

Maybe I'm missing something here but how is being introduced by someone you know a big red flag?

Being introduced by family members of the beneficiary is a red flag at consulates in Southeast Asia, and other parts of the world as well. The consulate will suspect the relationship was arranged primarily for family reunification. If a family member only arranged the introduction, but was not involved in choreographing the relationship, then this can be addressed to some degree by frontloading the petition with an explanation of the introduction. If the family of the beneficiary had any more involvement than this (for example, if they paid for any of the petitioner's travel expenses), and the consulate finds out about it, it can be very hard to overcome.

I am in the process of getting my petition withdrawal. So far with all of the information coming in, it is the logical thing to do and submit a new petition assuring a new interview. thank you

If you withdraw the petition now it will not make the file go away. Your fiancee has a P6C marker in her file. Withdrawing the petition would allow USCIS to presume that the accusation of fraud is a fact.

Do you know which service center received your returned petition? Was it California or Vermont? The two service centers generally have different tactics in dealing with returned petitions.

Vermont has historically investigated returned petitions, and either reaffirmed them or sent a Notice Of Intent to Deny (NOID) to the petitioner. This can take months or years.

For some time, California was just letting returned petitions expire "without prejudice", and telling the petitioner they were free to file again. Recently, they've added to that tactic. When the petitioner files a second petition, they issue a NOID citing the reasons the consular officer denied the visa for the first petition.

Generally speaking, you can either get married and file a CR1 petition, or you can wait for the outcome of the K1 petition. You could also file a second K1 petition, but there's no telling what will happen with it. If USCIS is re-adjudicating the first K1 petition then they'll probably hold up your second K1 petition. If it's the California service center, you might receive a NOID on the second K1 petition, as mentioned above. Even if you don't receive a NOID, and the second K1 petition gets approved, the consulate could sit on it waiting for a final decision on the first K1 petition.

Whatever you decide to do, if you end up receiving a NOID then you absolutely must respond to it vigorously. If you don't respond, or your response isn't convincing and they revoke the approval of the first petition, then your fiancee is going to be considered guilty of fraud. You'll need a hardship waiver to overcome this, and these are difficult to get.

You might want to consult with Marc Ellis. He's an immigration attorney who lives in Saigon. He knows the consulates in East Asia very well.

[psr 1]

Which consulate handled the interview? Phnom Phen?

Not to rub salt in a wound, but if in Phnom Penh she ought to have requested the interview in Khmer.

Do you two communicate in Khmer? English? Another language? Lack of English skills won't get a denial.

You are going to need to address the issues that led to the denial. A second petition without better prep and/or evidence of a bona fide relationship will result in another denial.

Yes, it was the Phnom Penh embassy. I was extremely disappointed in the interview process. the entire interview was done in english, while the other girls were done in KHMER.I only know the basics of KHMER. I wanted to just have her focus on english and for me not to interrupt her learning by me speaking KHMER. the denial statement was I didn't speak KHMER and she lacked in the english language. As of right now and even prior to the interview we communicate fine, we talk on the phone for 1-2 hours a day everyday without fail. The CO didn't even want to hear any real extensive reasoning, by the time he already came back he had the 221(g) denial with the "SHAM" indicator in hand. As I have noted on the OP, she answered all of the baseline questions with ease, but when he asked her what I did at my job and she couldn't explain what a COO does, the CO just labeled that as not knowing enough about my work and personal life. the lack of english was stated in the response documents as one of the denial criteria.