denied k-1 visa

[agv1974 2]

My point in contacting them wasn't to anger them, i was trying to find out why they did not issue him the visa. And when i say prejudice I don't mean racial prejudice, obviously that what everyone is thinking. Also my fiance has never tried to get a visa before. He is a hard working person that been at his job for 7 years the same goes with me, we are not criminals we are just average people. Another point I didn't think the second reply had a negative overtone, I was very satisfied with their response and also sent them a thank you email for the speedy reply....

Edited October 29, 2010 by agv1974

[NigeriaorBust 4,087]

Because of the behavior of the CO in our first interview I filed a report of attempted espionage with the DOD I am sure the CO remembered that and we got approved later.

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.

[KittyPollitt 284]

My point in contacting them wasn't to anger them, i was trying to find out why they did not issue him the visa. And when i say prejudice I don't mean racial prejudice, obviously that what everyone is thinking. Also my fiance has never tried to get a visa before. He is a hard working person that been at his job for 7 years the same goes with me, we are not criminals we are just average people. Another point I didn't think the second reply had a negative overtone, I was very satisfied with their response and also sent them a thank you email for the speedy reply....

I understand that you're truly shocked that your fiance was denied.. You probably didn't know what you were up against when you petitioned to Casablanca. You should know that the staff at this consulate are not known for their kindness, understanding, or compassion. They deny fiance visas every day. They get emails like yours every day. They've been known to be petty, nasty, and prejudicial. Any time someone goes to interview at the consulate in Casablanca, they must work VERY hard to turn that prejudice around. I've often said that the biggest red flag anyone faces when interviewing in Morocco is the big red Moroccan flag itself.

Your petition is returned. Emailing the consulate to get a reason will be fruitless. They will tell you they "cannot discuss the matter through email". If you call about it, they will tell you they cannot discuss it over the phone. If you want to know the reason for the denial, dealing with your congressional or senate representative is best. Your biggest concern now should be building an overall stronger case for a future petition, or preparing your rebuttal in the event that your petition is reviewed. You should read up about the method of the madness at the consulate in Casablanca, and when you return to Morocco, spend some SERIOUS time preparing your fiance for a future interview with the information you gather. There is great discussion of this consulate in the following thread: http://www.visajourney.com/forums/topic/260587-the-hoping-not-to-be-denied-at-casablanca-thread/ . Read it through, you will read personal experiences and good advice. I created it for those of us dealing with this consulate specifically. You have a battle ahead of you. Stay strong, you are NOT alone.

Sarah

[JimVaPhuong 4,863]

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

...

This isn't good news. They are mincing words with you. They're saying they didn't deny the visa because, according them, the petition never should have been approved by USCIS in the first place. That's why they're sending the petition back with the recommendation that the approval be revoked. They are, essentially, accusing your fiance of fraud by entering into a relationship primary to secure an immigration benefit. They told you everything you need to know in their second response.

In spite of their dancing around the obvious, the consular officer DID deny the visa. They sure as heck didn't approve it.

Also, be careful of any promises you get from the consulate. They routinely make promises on behalf of USCIS, but USCIS is not obligated to keep those promises. USCIS might not give you all the reasons that the consular officer denied the visa. USCIS might not give you an opportunity to address those accusations by the consular USCIS. USCIS may just decide not to even bother readjudicating the petition, and just let it expire without telling you anything beyond the fact that you are free to start over and file again. They could also decide to readjudicate the petition and reaffirm the approval without ever telling you why it was originally returned, or allowing you to respond. In fact, the only time they'll actually tell you why the consular officer denied it, and give you a chance to rebut the CO's accusations, is if they readjudicate the petition and then agree with the CO's accusation. That's when they'll send you a NOIR or NOID. The consulate's promise to you presumes that's what USCIS is going to do.

Now, it might seem like getting a NOIR would be a good thing, right? You'd finally know exactly why the CO sent the petition back, and you'd have your chance to respond. Well, it's actually the worst possible outcome. If your rebuttal doesn't convince them not to revoke the approval of the petition then the CO's accusation against your fiance will become a finding of fact - he will be guilty of visa fraud, and banned from the US as a result. Now you'll need a hardship waiver in order for him to get a visa.

Seriously, you should consult with a good immigration lawyer who specializes in hardship waivers just in case. If they send a NOIR you'll have a very short time to respond, and you must respond in order to avoid your fiance being banned.

Good luck!

[agv1974 2]

I understand that you're truly shocked that your fiance was denied.. You probably didn't know what you were up against when you petitioned to Casablanca. You should know that the staff at this consulate are not known for their kindness, understanding, or compassion. They deny fiance visas every day. They get emails like yours every day. They've been known to be petty, nasty, and prejudicial. Any time someone goes to interview at the consulate in Casablanca, they must work VERY hard to turn that prejudice around. I've often said that the biggest red flag anyone faces when interviewing in Morocco is the big red Moroccan flag itself.

Your petition is returned. Emailing the consulate to get a reason will be fruitless. They will tell you they "cannot discuss the matter through email". If you call about it, they will tell you they cannot discuss it over the phone. If you want to know the reason for the denial, dealing with your congressional or senate representative is best. Your biggest concern now should be building an overall stronger case for a future petition, or preparing your rebuttal in the event that your petition is reviewed. You should read up about the method of the madness at the consulate in Casablanca, and when you return to Morocco, spend some SERIOUS time preparing your fiance for a future interview with the information you gather. There is great discussion of this consulate in the following thread: http://www.visajourney.com/forums/topic/260587-the-hoping-not-to-be-denied-at-casablanca-thread/ . Read it through, you will read personal experiences and good advice. I created it for those of us dealing with this consulate specifically. You have a battle ahead of you. Stay strong, you are NOT alone.

Sarah

I understand that you're truly shocked that your fiance was denied.. You probably didn't know what you were up against when you petitioned to Casablanca. You should know that the staff at this consulate are not known for their kindness, understanding, or compassion. They deny fiance visas every day. They get emails like yours every day. They've been known to be petty, nasty, and prejudicial. Any time someone goes to interview at the consulate in Casablanca, they must work VERY hard to turn that prejudice around. I've often said that the biggest red flag anyone faces when interviewing in Morocco is the big red Moroccan flag itself.

Your petition is returned. Emailing the consulate to get a reason will be fruitless. They will tell you they "cannot discuss the matter through email". If you call about it, they will tell you they cannot discuss it over the phone. If you want to know the reason for the denial, dealing with your congressional or senate representative is best. Your biggest concern now should be building an overall stronger case for a future petition, or preparing your rebuttal in the event that your petition is reviewed. You should read up about the method of the madness at the consulate in Casablanca, and when you return to Morocco, spend some SERIOUS time preparing your fiance for a future interview with the information you gather. There is great discussion of this consulate in the following thread: http://www.visajourney.com/forums/topic/260587-the-hoping-not-to-be-denied-at-casablanca-thread/ . Read it through, you will read personal experiences and good advice. I created it for those of us dealing with this consulate specifically. You have a battle ahead of you. Stay strong, you are NOT alone.

Sarah

I understand that you're truly shocked that your fiance was denied.. You probably didn't know what you were up against when you petitioned to Casablanca. You should know that the staff at this consulate are not known for their kindness, understanding, or compassion. They deny fiance visas every day. They get emails like yours every day. They've been known to be petty, nasty, and prejudicial. Any time someone goes to interview at the consulate in Casablanca, they must work VERY hard to turn that prejudice around. I've often said that the biggest red flag anyone faces when interviewing in Morocco is the big red Moroccan flag itself.

Your petition is returned. Emailing the consulate to get a reason will be fruitless. They will tell you they "cannot discuss the matter through email". If you call about it, they will tell you they cannot discuss it over the phone. If you want to know the reason for the denial, dealing with your congressional or senate representative is best. Your biggest concern now should be building an overall stronger case for a future petition, or preparing your rebuttal in the event that your petition is reviewed. You should read up about the method of the madness at the consulate in Casablanca, and when you return to Morocco, spend some SERIOUS time preparing your fiance for a future interview with the information you gather. There is great discussion of this consulate in the following thread: http://www.visajourney.com/forums/topic/260587-the-hoping-not-to-be-denied-at-casablanca-thread/ . Read it through, you will read personal experiences and good advice. I created it for those of us dealing with this consulate specifically. You have a battle ahead of you. Stay strong, you are NOT alone.

Sarah

[agv1974 2]

Thanks for being able to understand ....... And you are right I didnt know what I was up against, if I would have know I would have done things differently. And yes at this point I plan on building a stronger case for our next petition or preparing a rebuttal in the event that the petition is reviewed . Thank you for your positive feedback.

This isn't good news. They are mincing words with you. They're saying they didn't deny the visa because, according them, the petition never should have been approved by USCIS in the first place. That's why they're sending the petition back with the recommendation that the approval be revoked. They are, essentially, accusing your fiance of fraud by entering into a relationship primary to secure an immigration benefit. They told you everything you need to know in their second response.

In spite of their dancing around the obvious, the consular officer DID deny the visa. They sure as heck didn't approve it.

Also, be careful of any promises you get from the consulate. They routinely make promises on behalf of USCIS, but USCIS is not obligated to keep those promises. USCIS might not give you all the reasons that the consular officer denied the visa. USCIS might not give you an opportunity to address those accusations by the consular USCIS. USCIS may just decide not to even bother readjudicating the petition, and just let it expire without telling you anything beyond the fact that you are free to start over and file again. They could also decide to readjudicate the petition and reaffirm the approval without ever telling you why it was originally returned, or allowing you to respond. In fact, the only time they'll actually tell you why the consular officer denied it, and give you a chance to rebut the CO's accusations, is if they readjudicate the petition and then agree with the CO's accusation. That's when they'll send you a NOIR or NOID. The consulate's promise to you presumes that's what USCIS is going to do.

Now, it might seem like getting a NOIR would be a good thing, right? You'd finally know exactly why the CO sent the petition back, and you'd have your chance to respond. Well, it's actually the worst possible outcome. If your rebuttal doesn't convince them not to revoke the approval of the petition then the CO's accusation against your fiance will become a finding of fact - he will be guilty of visa fraud, and banned from the US as a result. Now you'll need a hardship waiver in order for him to get a visa.

Seriously, you should consult with a good immigration lawyer who specializes in hardship waivers just in case. If they send a NOIR you'll have a very short time to respond, and you must respond in order to avoid your fiance being banned.

Good luck!

[agv1974 2]

Look if you don't have anything constructive to post here don't post anything at all because i don't need the attitude or crappy advice.

Edited October 30, 2010 by agv1974

[agv1974 2]

Thanks for being able to understand ....... And you are right I didnt know what I was up against, if I would have know I would have done things differently. And yes at this point I plan on building a stronger case for our next petition or preparing a rebuttal in the event that the petition is reviewed . Thank you for your positive feedback.

[agv1974 2]

Look if you don't have anything constructive to post here don't post anything at all because i don't need the attitude or crappy advice.

[thelastpetitioner 218]

jim is one of the most well educated members on the matter,and did not give you any attitude or crappy advice.if you cant deal with the truth and want to hear what you want to hear,i suggest you stop reading your post,or any other educational forum as far as USCIS and their power goes.

i know how bad it makes you feel to think you most likely will have to go through all this again,trust me,i know.but its better to face the fear in the eyes than hide your head under the snow and get denied again

Edited October 30, 2010 by ygr

[JimVaPhuong 4,863]

Thanks for being able to understand ....... And you are right I didnt know what I was up against, if I would have know I would have done things differently. And yes at this point I plan on building a stronger case for our next petition or preparing a rebuttal in the event that the petition is reviewed . Thank you for your positive feedback.

I presume this was directed at squeaky580, even though you quoted my post. And...

Look if you don't have anything constructive to post here don't post anything at all because i don't need the attitude or crappy advice.

I presume this was directed at me.

When you post a reply there are a couple of buttons under the text editing box (below the "Attachments" section). One says "Add Reply" - when you click this button it posts your response on the forum for everyone to see. The other button says "Preview Post" - when you click this button it displays your post at the top of the page just as it will appear on the forum, but also gives you the text editing box so you can continue editing your post. You can use the "Preview Post" button as many times as you like, making edits and adjustments to your post in between. Don't click the "Add Reply" button until you're happy with the way your post looks. The preview feature is very useful, especially while you're learning how to manage things like embedded quotes and other BBCode tags.

There's also a help page here that will explain BBCode and how to use it. You can get to this page from the post editing page by clicking the icon above the text editing box.

Now, in response...

If you look carefully at squeaky580's post and mine you will notice that we are both basically giving you the same advice. You'll have to forgive me if my responses seem dispassionate. It's not that I'm cold hearted or that I don't care. It's just that lack of compassion was not the reason your fiance was denied a visa, and all the compassion in the world isn't going to help you succeed next time. What you need now are facts - what are the different scenarios that could happen, and how to move forward in each case. In spite of how it might seem to you now, I really am trying to help you.

[agv1974 2]

jim is one of the most well educated members on the matter,and did not give you any attitude or crappy advice.if you cant deal with the truth and want to hear what you want to hear,i suggest you stop reading your post,or any other educational forum as far as USCIS and their power goes.

i know how bad it makes you feel to think you most likely will have to go through all this again,trust me,i know.but its better to face the fear in the eyes than hide your head under the snow and get denied again

[agv1974 2]

First of all I am not fearfull and I am more than willing to face the truth head on, however I am unueducated on the subject of how thing are done in morocco and thats why I am on here and thats why I posted the emails from the consulate. And if people want to bash on me because of it fine .... I'm not fearful of that either.

[Golden Gate 530]

First of all I am not fearfull and I am more than willing to face the truth head on, however I am unueducated on the subject of how thing are done in morocco and thats why I am on here and thats why I posted the emails from the consulate. And if people want to bash on me because of it fine .... I'm not fearful of that either.

Don't take Jim's response as a bash. He really does know what he is talking about. He is just trying to give you a heads-up, so that if it does indeed happen, you will be prepared to respond quickly when it happens. He really is very helpful here.

[agv1974 2]

FactSheet _VisaRevocations__9Apr09_.pdf