denied k-1 visa

[Used to be broken 147]

Did you seriously accuse the consular officer of prejudice? This person holds your future life with your future husband in their hands! Short of filing a lawsuit in a federal court, there is practically nobody you can appeal to if you don't like their decision. Why on earth would you intentionally want to incur the wrath of someone who has so much power over your future happiness by making such an inflammatory accusation? The consular officer may not be your friend, but at this point in the process they are the last person you want to be your enemy!

Depending on which route you take, this petition or the next one you file is going to make it's way back to the consulate in Casa. You better pray the same consular officer doesn't get it and remember your accusation.

Ditto what he said, and if you want some idea of the power and complete contempt the State Department has for questioning their authority, you need only read the response they made to the current lawsuit from a handful of K visa petitioners that is the class action suit going on right now.

Here is a sample

First, Plaintiffs’ challenges to decisions by consular officers regarding visa issuance

should be dismissed because those consular decisions are immune from judicial review under the

doctrine of consular nonreviewability. Although there is a narrow exception to this doctrine

when a visa refusal implicates the constitutional rights of U.S. citizens, Plaintiffs lack standing to

raise due process claims on behalf of their alleged fiancees, and Plaintiffs’ unsupported

allegations of “bad faith” are insufficient to support the Court allowing even limited review of

whether the consular refusals in this case were facially legitimate and bona fide. Moreover,

Plaintiffs cannot circumvent the doctrine of consular nonreviewability by classifying their claims

as a challenge to the visa petition return process.

Have a read the rest is pretty scary

Class Action K petitioners

Edited October 29, 2010 by brokenfamily

[agv1974 2]

Ditto what he said, and if you want some idea of the power and complete contempt the State Department has for questioning their authority, you need only read the response they made to the current lawsuit from a handful of K visa petitioners that is the class action suit going on right now.

Here is a sample

First, Plaintiffs’ challenges to decisions by consular officers regarding visa issuance

should be dismissed because those consular decisions are immune from judicial review under the

doctrine of consular nonreviewability. Although there is a narrow exception to this doctrine

when a visa refusal implicates the constitutional rights of U.S. citizens, Plaintiffs lack standing to

raise due process claims on behalf of their alleged fiancees, and Plaintiffs’ unsupported

allegations of “bad faith” are insufficient to support the Court allowing even limited review of

whether the consular refusals in this case were facially legitimate and bona fide. Moreover,

Plaintiffs cannot circumvent the doctrine of consular nonreviewability by classifying their claims

as a challenge to the visa petition return process.

Have a read the rest is pretty scary

Class Action K petitioners

[agv1974 2]

First of all I'm not trying to sue immigration ... your reading into this the wrong way, and I posted that information just so that someone else that was denied and was thinking of contacting them would know what type of response they would get. People have a right to question a decision that they do not understand. Thats the point your trying to find out what happened.

[TBoneTX 45,705]

some idea of the power and complete contempt the State Department has for questioning their authority

Ditto. "Squash the miserable little bugs and grind our heels into them." Largely passing the buck between USCIS & the State Department as a result of whatever excuse is most convenient at that moment.

My favorite (besides the appalling editing & typographical errors throughout) is this: "Courts have held that a consular officer's visa determination is not subject to review, even if: (1) the officer allegedly failed to follow Department regulations, Burrafato v. Department of State, 523 F.2d 554, 556 (2d Cir. 1975); (2) the applicant challenges the validity of the regulations on which the decision was based, Ventura, 647 F.2d at 30 (9th Cir. 1981); (3) the decision was alleged to have been based on a factual or legal error or was contrary to the INA [...]"

What does this mean? "We are God, even when we're not."

I'm eager to hear what Marc Ellis thinks about all this.

Edited October 29, 2010 by TBoneTX

[yassinerabat1 14]

Let me tell u something AGV really I read almost the whole comments on here however it sound for me not necessry to do since I found the reason for why u was denied since the beginning,I have a small experience in VJ but Im also living in Casablanca just away walking from the US embassy and I heard stories about this Asian lady she is do rude bad person like everyday she can refuse many of Visa demands for Visa immigrant or No-Immigrant one also I heard before this Embassy can make a decision about the case before the person asking for the visa can show up there my turn hope its coming soon to stand there face to CO " I wish it will not be this Asian Lady inch Allah" wish u all luck and as others here said its not the end there is always a way to make what u really want life is hard but keep believing on u will live together no matter what.

~Karim.

its not true that the asian lady is a hard time giving, i was there and i saw how she act with people she's so kinda good person respectuful, she's the only non-american person that talk morrocan, ans i saw how she talk with people she's so polite and nice, i believe the denial isnt a problem created by the US govenment or the CO. This is a situation born by the people from our own country that did things in the past to create the need to prove the intent of the relationship today. yeah its sad to see them puting everyone in ths same Titanic, but they have no other choice but to do it like this, what a CO can do with someone that been asked about the last name of his wife and he answer is " I DONT KNOW ", if you are true love, if your feeling are real and deep, and if your case is solide believe me you dont have to be afraid about this asian CO, believe me be your self and everything will be ok good luck brother all my prayers.

[JimVaPhuong 4,863]

Ditto what he said, and if you want some idea of the power and complete contempt the State Department has for questioning their authority, you need only read the response they made to the current lawsuit from a handful of K visa petitioners that is the class action suit going on right now.

Here is a sample

First, Plaintiffs’ challenges to decisions by consular officers regarding visa issuance

should be dismissed because those consular decisions are immune from judicial review under the

doctrine of consular nonreviewability. Although there is a narrow exception to this doctrine

when a visa refusal implicates the constitutional rights of U.S. citizens, Plaintiffs lack standing to

raise due process claims on behalf of their alleged fiancees, and Plaintiffs’ unsupported

allegations of “bad faith” are insufficient to support the Court allowing even limited review of

whether the consular refusals in this case were facially legitimate and bona fide. Moreover,

Plaintiffs cannot circumvent the doctrine of consular nonreviewability by classifying their claims

as a challenge to the visa petition return process.

Have a read the rest is pretty scary

Class Action K petitioners

I hate to admit it, but they're right. The law gives them an incredible amount of discretion, and their decisions are not subject to review other than internal review, again at their discretion.

I've had the "due process" argument with a few other members here. Some people are of the mind that you always have the right to due process in any dealing with the US government, but this is not the case. The US Constitution only guarantees due process when you might be denied life, liberty, or property. Neither the petitioner or beneficiary are being denied any of these. They're not going to kill you, put you in jail, or seize your property if you are denied. If the visa is denied you walk away with exactly what you came with, no more or less.

There are certainly merits to Mr. Tran's lawsuit, but I've always thought the due process argument was weak.

First of all I'm not trying to sue immigration ... your reading into this the wrong way, and I posted that information just so that someone else that was denied and was thinking of contacting them would know what type of response they would get. People have a right to question a decision that they do not understand. Thats the point your trying to find out what happened.

Yes, question the decision, by all means. In order to decide how to proceed you need as much information as possible, especially the exact reason the visa was denied. But you should make the request respectfully. These are not robots you're dealing with. They are people. They're going to take an accusation of prejudice personally. Given the amount of authority they have, and the above mentioned fact that their decisions aren't subject to review, making inflammatory accusations is dangerous. If they remember you, they could stop every future attempt to get a visa, and there wouldn't be much you could do about it.

[agv1974 2]

I hate to admit it, but they're right. The law gives them an incredible amount of discretion, and their decisions are not subject to review other than internal review, again at their discretion.

I've had the "due process" argument with a few other members here. Some people are of the mind that you always have the right to due process in any dealing with the US government, but this is not the case. The US Constitution only guarantees due process when you might be denied life, liberty, or property. Neither the petitioner or beneficiary are being denied any of these. They're not going to kill you, put you in jail, or seize your property if you are denied. If the visa is denied you walk away with exactly what you came with, no more or less.

There are certainly merits to Mr. Tran's lawsuit, but I've always thought the due process argument was weak.

Yes, question the decision, by all means. In order to decide how to proceed you need as much information as possible, especially the exact reason the visa was denied. But you should make the request respectfully. These are not robots you're dealing with. They are people. They're going to take an accusation of prejudice personally. Given the amount of authority they have, and the above mentioned fact that their decisions aren't subject to review, making inflammatory accusations is dangerous. If they remember you, they could stop every future attempt to get a visa, and there wouldn't be much you could do about it.

[LIFE'SJOURNEY 970]

I hate to admit it, but they're right. The law gives them an incredible amount of discretion, and their decisions are not subject to review other than internal review, again at their discretion.

I've had the "due process" argument with a few other members here. Some people are of the mind that you always have the right to due process in any dealing with the US government, but this is not the case. The US Constitution only guarantees due process when you might be denied life, liberty, or property. Neither the petitioner or beneficiary are being denied any of these. They're not going to kill you, put you in jail, or seize your property if you are denied. If the visa is denied you walk away with exactly what you came with, no more or less.

There are certainly merits to Mr. Tran's lawsuit, but I've always thought the due process argument was weak.

Yes, question the decision, by all means. In order to decide how to proceed you need as much information as possible, especially the exact reason the visa was denied. But you should make the request respectfully. These are not robots you're dealing with. They are people. They're going to take an accusation of prejudice personally. Given the amount of authority they have, and the above mentioned fact that their decisions aren't subject to review, making inflammatory accusations is dangerous. If they remember you, they could stop every future attempt to get a visa, and there wouldn't be much you could do about it.

The TONE of their responds in their email said it all.

[agv1974 2]

From what I have read USCIS has the authority to overturn a consulars decision. On the USCIS website they have many NOID notices posted . The notices state why the visa was denied and how to appeal. Also there are instances from what i saw on there website when USCIS will overturn the decision of the CO........ So no they are not GOD and dont have the final word.

I want to thank everyone for posting.

[KittyPollitt 284]

Is it routine for them to say at the end that they are sending the file by diplomatic pouch "due to the personal nature of the information"? Unless this is routine in these cases I wonder if this is a hint that they discovered something that they want to hide from prying eyes in the government there. Maybe they are helping you in a way you do not yet realize!

Nothing should be read into this.. It's what they always say, I suspect part of a form letter..

[Dakine 26]

I hope i am informed of the reason it was denied ........ thanks for posting

My senator was able to find out why we were denied.

[agv1974 2]

Good news I received a email from the embassey..... I'm going to copy and paste all emails sent to and from the embassey.

Ms. *******,

Your fiancé’s visa was not denied – rather, your petition was sent back for further review by USCIS. As mentioned previously, USCIS will contact you directly and explain in detail the reasons why the consular officer recommended revoking your petition. In general terms, the consular officer believes that your fiancé has only entered into a relationship with you for immigration purposes. You will have the chance to answer all of the interviewing officer’s concerns with USCIS.

Regards,

Immigration Visa Unit

United States Consulate General

8 Boulevard Moulay Youssef

Casablanca, Morocco

Email address: ivcasablanca@state.gov

Telephone: 0661-99-83-64 Hours: 3-4p.m.

Frequently asked questions: http://casablanca.usconsulate.gov/faqs.html

cb

This email is UNCLASSIFIED.

From: *************[mailto:************.com]

Sent: Thursday, October 28, 2010 4:05 PM

To: IV, Casablanca

Subject: RE: DENIED VISA CASE ***********

Dear Officer,

I would like to know the exact reason my fiancé was denied; i will be contacting an attorney to appeal. From what my fiance told me the officer told him that there was nothing wrong with our paper work; i am left clueless as to what the problem was. I will need this information to prepare for a appeal, I still feel prejudice was the reason for the denial due to the fact that I was not given a specific reason for the denial. My fiancé and i are in love and will continue to pursue a life together.

Thank You

**************

Subject: RE: DENIED VISA CASE *************

Thu, 28 Oct 2010 15:24:34 +0000

From: IVCasablanca@state.gov

To: ***************.com

Dear Madam,

Thank you for your email inquiry. We strongly reject your allegation that the interviewing officer did not issue a visa because of some kind of prejudice. Our officers are professionals and under no circumstances act with a basis of prejudice. Before returning your petition to the Department of Homeland Security's Bureau of Citizenship and Immigration Services (USCIS) for further review, the consular section chief reviewed the file and supported the decision of the interviewing officer to recommend the case for revocation. At this point the Consulate is unable to take any further action on the case, as we no longer have the file. The Bureau of Citizenship and Immigration Services will be contacting you to discuss the return of the petition to their office. If you wish to contact them, their customer service number is 1-800-375-5283. However you are advised to wait a few weeks before contacting USCIS to allow them to receive and review the file.

Due to the personal nature of the information, the file was sent via registered diplomatic pouch (#6519338).

Regards,

Immigration Visa Unit

United States Consulate General

8 Boulevard Moulay Youssef

Casablanca, Morocco

Email address: ivcasablanca@state.gov

Telephone: 0661-99-83-64 Hours: 3-4p.m.

Frequently asked questions: http://casablanca.usconsulate.gov/faqs.html

aa

cb

Privacy/PII

This email is UNCLASSIFIED.

From: NIV, Casablanca

Sent: Thursday, October 28, 2010 10:21 AM

To: IV, Casablanca

Subject: FW: DENIED VISA CASE********** -

This email is UNCLASSIFIED.

From: [mailto:***********]

Sent: Thursday, October 28, 2010 1:40 AM

To: NIV, Casablanca

Subject: DENIED VISA CASE #******** -

Dear Chief Immigration Officer,

I am contacting you due to the fact that my fiancé was denial a visa under section (221 g) by the consulate officer that interviewed my fiancé. All required documents by immigration were presented and we provided all the evidence required to prove we have a legitimate relationship. My fiancé and I are very much in love and want to get married, it is not our desire to marry for any other reason. I am requesting that the chief immigration officer review the case; it is my belief that the visa was denied due to prejudice by the officer. Please contact me regarding this matter. I've attached a copy of the denial notice. I can be reached at ********** or ************.com .

Thank You

*********

[Used to be broken 147]

Wow, twice.. not sure what the motivating reason for wanting to kick the consular below the VISA stamp is?

Because I have been on these boards for a relatively long time, even when I haven't posted I consider myself to have a bit of insight to the "other side" based on what occurs fairly frequently in posts on the board.

I know you are ticked that the consular is questioning your fiance's motivation. Keep in mind though this person has hundreds possibly thousands of hours of experience in the interview process. Yes at high fraud consulate its a tough burn out job, but they also see things you don't see and could never see blinded by love. This is not to cast dispersions on your potential mate, simply point out you have no idea if your fiance has a long track record with this Embassy of trying to come to the US. You will probably never know that either but it could also influence a decision as well as how the interview actually went. Maybe his responses did not line up with what the "vision" of the consular officer feels is a bonafide relationship.

In any case with the proper evidence it can be overcome at USCIS and reaffirmed, but in the end, you will always have to deal with the state department to secure the final VISA so as the other poster pointed out there is really no point in angering these folks. The prejudice comment was out of line, IMHO and if they are prejudice it is more likely towards "scammers" which make their lives a living nightmare on a daily basis, not genuine applicants.

You might want to craft a carefully and respectfully worded apology, tell then you were upset and shocked and chose the wrong words to express that and offer to speak to the consular personally to convey your apology, it also might if that person agreed to speak with you help you understand what he/she see's that you might not.

[agv1974 2]

Wow, twice.. not sure what the motivating reason for wanting to kick the consular below the VISA stamp is?

Because I have been on these boards for a relatively long time, even when I haven't posted I consider myself to have a bit of insight to the "other side" based on what occurs fairly frequently in posts on the board.

I know you are ticked that the consular is questioning your fiance's motivation. Keep in mind though this person has hundreds possibly thousands of hours of experience in the interview process. Yes at high fraud consulate its a tough burn out job, but they also see things you don't see and could never see blinded by love. This is not to cast dispersions on your potential mate, simply point out you have no idea if your fiance has a long track record with this Embassy of trying to come to the US. You will probably never know that either but it could also influence a decision as well as how the interview actually went. Maybe his responses did not line up with what the "vision" of the consular officer feels is a bonafide relationship.

In any case with the proper evidence it can be overcome at USCIS and reaffirmed, but in the end, you will always have to deal with the state department to secure the final VISA so as the other poster pointed out there is really no point in angering these folks. The prejudice comment was out of line, IMHO and if they are prejudice it is more likely towards "scammers" which make their lives a living nightmare on a daily basis, not genuine applicants.

You might want to craft a carefully and respectfully worded apology, tell then you were upset and shocked and chose the wrong words to express that and offer to speak to the consular personally to convey your apology, it also might if that person agreed to speak with you help you understand what he/she see's that you might not.

[JAPrincess 27]

Wow, twice.. not sure what the motivating reason for wanting to kick the consular below the VISA stamp is?

Because I have been on these boards for a relatively long time, even when I haven't posted I consider myself to have a bit of insight to the "other side" based on what occurs fairly frequently in posts on the board.

I know you are ticked that the consular is questioning your fiance's motivation. Keep in mind though this person has hundreds possibly thousands of hours of experience in the interview process. Yes at high fraud consulate its a tough burn out job, but they also see things you don't see and could never see blinded by love. This is not to cast dispersions on your potential mate, simply point out you have no idea if your fiance has a long track record with this Embassy of trying to come to the US. You will probably never know that either but it could also influence a decision as well as how the interview actually went. Maybe his responses did not line up with what the "vision" of the consular officer feels is a bonafide relationship.

In any case with the proper evidence it can be overcome at USCIS and reaffirmed, but in the end, you will always have to deal with the state department to secure the final VISA so as the other poster pointed out there is really no point in angering these folks. The prejudice comment was out of line, IMHO and if they are prejudice it is more likely towards "scammers" which make their lives a living nightmare on a daily basis, not genuine applicants.

You might want to craft a carefully and respectfully worded apology, tell then you were upset and shocked and chose the wrong words to express that and offer to speak to the consular personally to convey your apology, it also might if that person agreed to speak with you help you understand what he/she see's that you might not.