Ukraine K-1 initial denial - next steps to fix

[Gary and Alla 3,694]

Can we somehow please not copy these letters over and over? Good grief.

Phil, I am glad you are critiquing his letter and there is perhaps no better way than what you have done. I just think the whole letter thing is just silly. I mean I can write a better fiction story in that much time, lets see some evidence! Stop with the letter writing and start with the copy machine and printer.

[birdman2010 0]

Reply to Phil's notes:

I've taken out any mention of a request for a second interview, although I still plan to call to request one.

And I've added at the end:

--------

We have found that our personalities are compatible. We have touched each other. We have spoken for many many hours over the course of the past ten months. And we have both chosen to move forward with a fiancé fiancée relationship and to marriage.

We are jointly committed to being together forever as man & wife. Please allow this us to fulfill our shared destiny so that we may be together. Please grant this visa so that we may get on with out lives together, and move forward with this key aspect of our lives.

--------

~70 pages were sent with the original I-129F, and about an additional ~70 pages were handed over to them at the first interview.

With an initial denial like the way this one played out, I don't know if they will grant a second interview if asked. I've removed any mention of a second interview request from the letter, even though I still plan to call to see if they can schedule one.

They already have receipts for packages. Copies of cards & letters & packages. Photos from our Dolphinarium visit. Skype log excerpts. But in their email they say "six months," but it's been a year since we met and 10 months since we started talking in earnest.

The incredibly great length of the Skype logs makes it more difficult to find key things but I've done my best. And in their hands they already have copies of mailed cards where I hand wrote key things to her.

I wanted to get this off to them right away and so the copy machine is not at hand. But they already have about 140 pages.

Edited October 12, 2010 by birdman2010

[birdman2010 0]

Appointment request results so far.

The pin code based call center told me that I could not schedule an appointment unless my fiancee had received instructions for a new appointment to be scheduled. They said I could fly to the embassy myself, but to schedule such an interview I would have to do so online.

https://evisaforms.state.gov/acs/default.asp?postcode=KEV&appcode=1

I asked the call center if my fiancee could attend the ACS interview. They said no, but then hedged and said maybe.

They said that as a citizen I can meet with them anytime I want. But I didn't know if an ACS interview could touch upon this matter.

They kept asking what she was told in the email. Then when I told them they said that unless she'd been asking to come for a second interview that one could not be scheduled through them. But I could schedule an ACS interview if I wanted - but they don't know if it would help, or even if my fiancee could attend.

[Gary and Alla 3,694]

Appointment request results so far.

The pin code based call center told me that I could not schedule an appointment unless my fiancee had received instructions for a new appointment to be scheduled. They said I could fly to the embassy myself, but to schedule such an interview I would have to do so online.

https://evisaforms.state.gov/acs/default.asp?postcode=KEV&appcode=1

I asked the call center if my fiancee could attend the ACS interview. They said no, but then hedged and said maybe.

They said that as a citizen I can meet with them anytime I want. But I didn't know if an ACS interview could touch upon this matter.

They kept asking what she was told in the email. Then when I told them they said that unless she'd been asking to come for a second interview that one could not be scheduled through them. But I could schedule an ACS interview if I wanted - but they don't know if it would help, or even if my fiancee could attend.

Ok, that answers the question then. They are going to deny the visa and send it back. That is why they included instructions for her to pick up the passport. Their instruction that you can re-apply means with a new petition. You can do either an I-129f or go there, get married and do the I-130.

Clearly the 70 or 140 or 500 pages you sent with the petition didn't do the trick for whatever reason. Presenting the same 70 or 140 or 500 pages again at the interview or a 2nd interview would make no difference. That's all water under the bridge, you need more water.

You can request a second interview, but it is unlikely you will get it. I have heard of a few cases where that happened. The letter is not going to do the trick even if it is 40 pages or a whole novel. It isn't an essay contest of who writes the best love story.

I would advise against spending much (if any) time and money on this petition. If they deny a 2nd interview, then kill it off and file a new one. It will be faster, cheaper and much easier than trying to appeal the old one.

Before you do the next one, find out what is going on with this one. If they deny it, they will be more specific as to the reasons, but there is something up here that we don't know about and likely YOU don't know about. Too many cases have been approved with no more evidence than you provided and no more relationship than you had, something got their attention on this one. You will need to correct whatever problems this petition had before filing a new one. If you don't, even with an I-130, it will get denied again.

Edited October 12, 2010 by Gary and Alla

[birdman2010 0]

Ok, that answers the question then. They are going to deny the visa and send it back. That is why they included instructions for her to pick up the passport. Their instruction that you can re-apply means with a new petition. You can do either an I-129f or go there, get married and do the I-130.

<clip>

Before you do the next one, find out what is going on with this one.

Reportedly they expressed concern to her in the letter about her wanting to come to America to find work, and that she was unemployed and so just wanted to come here to get a job. We just spoke on Skype and she told this to me. She is going to Kiev to retrieve her passport.

For the next one, I am a bit unclear as to what to avoid or how to succeed, other than documenting more of the cards, showing that it's more than six months, attending the interview with her, and so on.

Maybe another orthodox Christmas visit shall be in the works. But I'll have to talk more with her when she returns. from Kiev. And when the sun comes up here one of my Senators will get a 16 page letter for what it's worth.

I wonder if they preplanned not to take the $350 fee up front, since some of you mentioned pre-deciding on their part? But why did they make no mention to her of the passport courier service?

Oh well, onward & upward. I'll post if I get any replies from anyone.

If the case goes back to USCIS, is there an opportunity for me to provide a response to their denial points? Will I be provided with a detailed list of denial points which I can respond to - in theory at least?

[birdman2010 0]

I have an important update:

She never attended the interview. I just called the embassy directly and spoke with the consular section.

Your suspicions were correct apparently.

So, the rest of you can perhaps rest easy about your own applications. Perhaps there's hope for you after all.

As for me, I'll reconnoiter and regroup.

I guess the bottom line is trust your gut sooner than I did.

The relevant scam publication websites that notify other people about such scams will be notified shortly.

And my apologies for involving you all in this latest matter & in the earlier one.

[VanessaTony 3,567]

I have an important update:

She never attended the interview. I just called the embassy directly and spoke with the consular section.

Your suspicions were correct apparently.

So, the rest of you can perhaps rest easy about your own applications. Perhaps there's hope for you after all.

As for me, I'll reconnoiter and regroup.

I guess the bottom line is trust your gut sooner than I did.

The relevant scam publication websites that notify other people about such scams will be notified shortly.

And my apologies for involving you all in this latest matter & in the earlier one.

I am so sorry! If you don't mind me asking how did you find out? She finally admitted it? Or you caught her out? Does she seem sorry about it? OMG I'm so sorry.

If you have proof you should send it to USCIS to make sure she doesn't con another guy.

Again I'm so sorry you're going through this.

[baron555 934]

Reportedly they expressed concern to her in the letter about her wanting to come to America to find work, and that she was unemployed and so just wanted to come here to get a job.

So this may be the heart of the problem. As Gary mentioned, going and marrying her won't solve this "issue", ie that she is unemployed, you pay for her substinence, and therefore of course she would like to come to the US, since she is "destitute". Hard to describe a relationship here but more a matter of convienence.

She really should get some kind of work to list on the G-325A so that you guys are backed into the same corner. Sri.

[VanessaTony 3,567]

So this may be the heart of the problem. As Gary mentioned, going and marrying her won't solve this "issue", ie that she is unemployed, you pay for her substinence, and therefore of course she would like to come to the US, since she is "destitute". Hard to describe a relationship here but more a matter of convienence.

She really should get some kind of work to list on the G-325A so that you guys are backed into the same corner. Sri.

I don't think you read his latest update... post above the post above yours

[payxibka 10,047]

So this may be the heart of the problem.

No, but this is: "She never attended the interview."

Edited October 12, 2010 by payxibka

[baron555 934]

No, but this is: "She never attended the interview."

She did, she didn't....all clear as mud to me. Whatever, but something flagged this petition. Just because the beneficiary is unemployed shouldn't, in my opinion, flag the petition. I wonder if there was something in the evidence provided as part of front loading the petition that flagged it and made the Embassy pre-decide to not grant her the visa or at least an interview. One would think that if they had a basic doubt they would have granted the interview and vet it out during that. To have the petition denied without any interview means that the petition passed muster at USCIS (all documents correct and background checks passed), passed NVC AP and then did not pass the Embassy AP.

So there must be more to the story. To B-man, understand these facts since you two need to do whatever to correct this prior to any other visa petition being filed. Take care of this business first, before you file another; Kiev is an easy Embassy but your situation is not. Know this to be fact and this case history is on their books. They will look back on it whenever you present yourselves to them again. Good luck.

[birdman2010 0]

I am so sorry! If you don't mind me asking how did you find out? She finally admitted it? Or you caught her out? Does she seem sorry about it? OMG I'm so sorry.

If you have proof you should send it to USCIS to make sure she doesn't con another guy.

Again I'm so sorry you're going through this.

Hi. Yes it was the embassy staff who told me that she never showed up.

In this crazy game of chess does that mean I should schedule the interview for then & fly there?

Or perhaps my head shall explode trying to work out & reply to such machinations.

The case is still open, and an interview is still possible.

But how I shall respond is still up in the air.

[baron555 934]

Hi. Yes it was the embassy staff who told me that she never showed up.

In this crazy game of chess does that mean I should schedule the interview for then & fly there?

Or perhaps my head shall explode trying to work out & reply to such machinations.

The case is still open, and an interview is still possible.

But how I shall respond is still up in the air.

Our heads are ready to explode......

So did she have an interview date and invitation letter?

Then she got this weird email and decided not to go to the interview?

If so, bad move. Yes try try try, to get an interview. YOU NEED to be there; maybe she got flustered or confused.

And your letter is still too sappy. They don't care about your connection or your eyes or whatever. They letter should be a roadmap that describes the enclosed evidence. Nothing more. All should show two people coming together, learning about each other, asking questions, talking about the future, etc. There should be a lot of difference types of evidence.

[baron555 934]

I have an important update:

She never attended the interview. I just called the embassy directly and spoke with the consular section.

Your suspicions were correct apparently.

So, the rest of you can perhaps rest easy about your own applications. Perhaps there's hope for you after all.

As for me, I'll reconnoiter and regroup.

I guess the bottom line is trust your gut sooner than I did.

The relevant scam publication websites that notify other people about such scams will be notified shortly.

And my apologies for involving you all in this latest matter & in the earlier one.

So what are you saying? She was just a money scammer?

You know you should never send money to someone you have never met in person, or met once in a cafe and looked at your eyes!

Sri but better now than later.

Yes, a trip from Odessa to Kiev should be more like $120 USD rather than $1200!!!

You have stopped sending money, haven't you?

Edited October 12, 2010 by baron555

[birdman2010 0]

Our heads are ready to explode......

So did she have an interview date and invitation letter?

Then she got this weird email and decided not to go to the interview?

If so, bad move.

<clip>

The exact source of the weird email may be closer to home, either one or zero degrees of separation by my estimation.

But I'll wait a couple of days until the supposed next "return from Kiev" to see what the story will be next.

The money flow has stopped.

I guess the good part about all this is that a.) I now have a house, and b.) a good job, and c.) new green grass that is growing nicely in my yard - all thanks to motivations from having her come over. If she would have just waited for me to re-caulk my bathtub and things would be perfect.