CR1 Visa Denied at US Embassy

[El-Andalusi 7]

I do not think applying for student visa is the cause for denial while having relationship. I think the likely cause is that he failed to disclose that he applied for visa in the form before the interview. Did he indicated that he applied for visa and get denied in the form DS-156? If he did not this will definitely be a problem.

I think you are totally misunderstanding this. He applied for Student Visa first, then we got married, then we filed i-130 petition. The CO asked why he did not indicated in the student Visa application that I was his fiance. Because he had me down as the contact person in the US with whom he intends to reside during his summer studies.

Reason, we were not officially engaged, or fiances.

[El-Andalusi 7]

This seems strange. Non-immigrant visas do not ask if you have a fiancee in US. It asks if you have relatives in US, which he would answer "no" since fiancee is not relative.

Yes they do ask for fiance in form DS 156. Besides if you have nothing helpful to say, don't write under this thread. We ABSOLUTELY DON'T need your suspicions.

LOL – you can call them silly or rant whatever. CO's are not stupid they only put ppl on AP when they see something is not adding up.

Especially some Asian countries and African countries which have high fraud rate ppl are going to be put in AP.

You are right, they are not silly. This is a mild expression. And let's not forget about INDIA's fraud reputation.

[Moonlight2011 13]

Sorry to hear what happend to ure husband.

well if u want my advices please contact me, i know very well how hard to be burned out by the Co, theya re usually unfaire...

but as people told u here, if u wan advice(complete ones..): u have to give more details about ure situation and story...cause : yes each case is diffrent, but when we do have some pertinent details like: if he works, how much u guys dated... ure situation in US....how many time su guys visited each other in Algeria and abroad...)..Than we can really advice u regarding ure personal case, and also help u focus and identify what can be ure Red Flags..than work them out..or just try to clarify them to the Co

U have to click up Watch topic: at ure right in the top so u can receive emails that notify u peope comments..

I sent u a private message by the way.

Cheers

[El-Andalusi 7]

Sorry to hear what happend to ure husband.

well if u want my advices please contact me, i know very well how hard to be burned out by the Co, theya re usually unfaire...

but as people told u here, if u wan advice(complete ones..): u have to give more details about ure situation and story...cause : yes each case is diffrent, but when we do have some pertinent details like: if he works, how much u guys dated... ure situation in US....how many time su guys visited each other in Algeria and abroad...)..Than we can really advice u regarding ure personal case, and also help u focus and identify what can be ure Red Flags..than work them out..or just try to clarify them to the Co

U have to click up Watch topic: at ure right in the top so u can receive emails that notify u peope comments..

I sent u a private message by the way.

Cheers

Thanks moonlight!

Here are some answers:

- we met 2008 in person in Algeria (truly love at first sight, although I wasn't a firm believer of that at that time, neither did I know what that meant, NOW I DO)

- I am US Citizen, full-time employee, made sufficient income of the past 4 years. Crystal clear back ground. Volunteer, help community.

- We have been talking, phoning, skyping ever since we met like world champions. So determined and committed to our relationship so that our social life slowly disappeared). But, accepted this is for life.

- I was only able to visit him once a year sofar, due to work, vacation time, school, budget.

- He wanted to come to the US in the summer for a few months, take on intensive English courses while spending time together and go back home.

- Student Visa was denied, after a 5 minute interview, the letter reads he did not have sufficient evidence to return to the US. She showed, work letter, pay stubs, and upcoming work events. She didn't even take them in for review. She said, you can study English in Algeria too, you don't need to go to the US.

- I then flew to Algeria, offered to teach him English and he immediately realized, we can't live with each other, he proposed, announcement became official (religiously) and we got married that same month. Other reasons we took into consideration why we married right away, was because of my new job I was going to start after my trip, the finances available to us at that time, and realistically, the time we had together due to the long-distance issues.

- We filed petition I-130 in August 2010, NOA 2 after 5 months, NVC approved sent to Embassy after 2 months. Never a red flag nor an issue was raised.

Our mothers became close friends, and occasionally meet on skype. So do our dads, my husband calls my parents and chats with them all the time, without even telling me. :-D We love each other from so many avenues, ways... we are both artists, free minded, laid back and love people, love life, want the best for the world. We both volunteer to help others... MOST importantly, we talk about everything and have a very active and open communication...

I hope this gives some good insight to our case and what kind of folks we are and any help would be greatly appreciated.

[El-Andalusi 7]

_________

READ THIS INSTEAD I HAD TO EDIT

Thanks moonlight!

Here are some answers:

- we met 2008 in person in Algeria (truly love at first sight, although I wasn't a firm believer of that at that time, neither did I know what that meant, NOW I DO)

- I am US Citizen, full-time employee, made sufficient income each year in the past 3 years. Crystal clear back ground. Volunteer, help community.

- We have been talking, phoning, skyping like world champtions ever since we met. So determined and committed to our relationship so that our social life slowly disappeared). But we accepted this change wholeheartedly, we are doing this for life.

- I was only able to visit him once a year sofar, due to work, vacation time, school, budget.

- He wanted to come to the US in the summer of 2010 before we got married (at that time there were no plans for a wedding) for a few months, take on intensive English courses while spending time together and go back home.

- Student Visa was denied, after a 5 minute interview, the letter reads he did not have sufficient evidence to return to Algeria, he had no property under his name, was single at that time. He showed, work letter, pay stubs, and upcoming work events that he had to return to. She didn't even take them in for review. She said, you can study English in Algeria too, you don't need to go to the US.

- I then flew to Algeria, offered to teach him English during that visit we immediately realized, we can't live without each other, he proposed, announcement became official (religiously) and we got married that same month. Other reasons we took into consideration why we married right away, was because of my new job I was going to start after my trip, the finances available to us at that time, and realistically, the time we had together due to the long-distance issues. We know what we want and don't want. And that has always been openly communicated. We have great tolerance and intelligence for each other.

- We filed petition I-130 in August 2010, NOA 2 after 5 months, NVC approved sent to Embassy after 2 months. Never a red flag nor an issue was raised. Until his CR1 Visa Interview on 5/24. All due to the Student Visa application. My husband had the impression that the CO had made up her mind to refuse him before he even got there.

Our mothers became close friends, and occasionally meet on skype. So do our dads, my husband calls my parents and chats with them all the time, without even telling me. :-D We love each other from so many avenues, ways... we are both artists, free minded, laid back and love people, love life, want the best for the world. We both volunteer to help others... MOST importantly, we talk about everything and have a very active and open communication...

I hope this gives some good insight to our case and what kind of folks we are and any help would be greatly appreciated.

[pushbrk 12,883]

You wrote....No, we were not 'engaged to be married' we had a clarification of the intentions of our relationship. In our culture, a fiance is official once the religious leader has announced it with the parents present and the witnesses. Then both are considered engaged. And we wouldn't call each other fiance prior to that happening. I hope this makes sense.

I understand that that is the key issue that is being investigated right now. However, the definition I read of a Material Misrepresentation is NOT the accurate mark for our case and circumstances. I think!...

I hope you're right about whether they find a material misrepresentation but in the real world, they are going to see that you were his contact, who he was going to live with AND that you married shortly after his student visa application and put things together based on how it looks. You still haven't indicated whether he's of an age that fits "student". You don't want EITHER a finding of misrepresentation of fraud because either means it will be a long time before you live together in the USA. The answer in your own heads as to whether you attempted to circumvent US immigration law is something to be sure of. Unfortunately, your true intentions may or may not carry the day.

[Moonlight2011 13]

Okay,

for me this what i see as red flag:

met once, dated online and rapidely got married......----> if i was the co: i will think this: he met her once, keept in toutch with the girl on internet and made her help him to come to study,it didnt work than he mad eher coming to algiria and Marry her...

the co will not care about u working,and ure life in USA, they care about ure algerian husband : cause remember as a fiance or husband he will be in the next 5 years maybe a US citizen and will be able to bring other memebers of his family to the US...(to sponsor them..)..so, they maybe just analyse him as a future immigrant:his age, education, salary and situation in Algeria and also who sponsor him for the student visa..Did u appear on it somewhere in the application???

the last point: is that for the Co in tree years u guys met : 3 times..(im i Wrong)???.... This is ure major red flag, unfortunatly, if u only traveled to see him is an other one.

the algerian embassy is being really difficult with Fiance and mariage visa: cause in each time it seems that there is just one person that is running this relationship: `traveling to algeria`.

So i guess in the future u guys u have to have a plan to show that, u guys do ure max to met and see each other even if its hard: like meet in Tunisia, Morroco, or Europe, or if ure husband has issues to get visa to europe , try choose countries that algerian do not need visa(i know there arent a lot..but there are som egood ones..

i hope that the other memeb ers of this forum will comme with more light and help more.

Let me know if u want talk by email.

send me ure

Cheers

[El-Andalusi 7]

You wrote....No, we were not 'engaged to be married' we had a clarification of the intentions of our relationship. In our culture, a fiance is official once the religious leader has announced it with the parents present and the witnesses. Then both are considered engaged. And we wouldn't call each other fiance prior to that happening. I hope this makes sense.

I understand that that is the key issue that is being investigated right now. However, the definition I read of a Material Misrepresentation is NOT the accurate mark for our case and circumstances. I think!...

I hope you're right about whether they find a material misrepresentation but in the real world, they are going to see that you were his contact, who he was going to live with AND that you married shortly after his student visa application and put things together based on how it looks. You still haven't indicated whether he's of an age that fits "student". You don't want EITHER a finding of misrepresentation of fraud because either means it will be a long time before you live together in the USA. The answer in your own heads as to whether you attempted to circumvent US immigration law is something to be sure of. Unfortunately, your true intentions may or may not carry the day.

________________

I get it.

My husband just turned 31.

[pushbrk 12,883]

________________

I get it.

My husband just turned 31.

OK, so the facts are that a 31 year old male and female of similar age decided they wanted to get married and announced those intentions to their parents. Shortly thereafter, the foreign male attempted to come back to the USA by applying for a student visa indicating he intended to live with the person he already promised to marry.

When the student visa was denied, the female USC flew to the foreigner's home country and they married shortly thereafter. They then started a spouse visa process. The couple would like the Consular Officer to believe, on the basis that no formal engagement ceremony had taken place, that the foreigner was not attempting to circumvent US immigration law by fraudulently applying for a student visa.

You've got your work cut out for you.

Edited May 26, 2011 by pushbrk

[Moonlight2011 13]

I dont think the problem here is the Age...!

[El-Andalusi 7]

OK, so the facts are that a 31 year old male and female of similar age decided they wanted to get married and announced those intentions to their parents. Shortly thereafter, the foreign male attempted to come back to the USA by applying for a student visa indicating he intended to live with the person he already promised to marry.

When the student visa was denied, the female USC flew to the foreigner's home country and they married shortly thereafter. They then started a spouse visa process. The couple would like the Consular Officer to believe, on the basis that no formal engagement ceremony had taken place, that the foreigner was not attempting to circumvent US immigration law by fraudulently applying for a student visa.

You've got your work cut out for you.

This is just horrible how it is misplaced from the outside. Where is the space for proof of a real relationship. This is a life of two people involving, emotions, sacrifice, love, and and and, how about these things that happen on an everyday life. Does that matter? It is not as black on white as you put it in here.

I was the one, the US Petitioner, who kept trying to convince my husband to come here and apply for the Student Visa. I kept telling him how much he needed to work on his English. Purely from an educational point of view. NEVER ever did he or did we attempt to circumvent US immigration law by fraudulently applying for a student visa. There is no evidence on their part to put it as vaguely as you just did. Or am I wrong?

[pushbrk 12,883]

This is just horrible how it is misplaced from the outside. Where is the space for proof of a real relationship. This is a life of two people involving, emotions, sacrifice, love, and and and, how about these things that happen on an everyday life. Does that matter? It is not as black on white as you put it in here.

I was the one, the US Petitioner, who kept trying to convince my husband to come here and apply for the Student Visa. I kept telling him how much he needed to work on his English. Purely from an educational point of view. NEVER ever did he or did we attempt to circumvent US immigration law by fraudulently applying for a student visa. There is no evidence on their part to put it as vaguely as you just did. Or am I wrong?

I just said that, based on the facts, you have your work cut out for you. This is not an issue of evidence of a bona fide relationship, Having a bona fide relationship does not overcome fraud or misrepresentation. You have your work cut out for you avoiding one of those findings, IMO, not proving your relationship.

[Done--Really 331]

El--you absolutely have to take a few steps back and look at this solely thru the eyes of the CO--NOTHING else matters. Pushbrk summarized it best, but I plead with you to stop defending your actions and whining that your feelings don't count, becasue they simply don't--you need to get ALL of the emotion out of this right now or you will not be able to take the proper steps which require a cool head, and more importanty, a plan that hopefully will get you over the hump, and it is a VERY big hump.

Start now--practice turning your emotional energy into a plan of attack--test market the plan here, and we will all help smooth the rough edges until you have something to work with--this is a tough hsitutaion and there will be no shortcuts, and unfortunately, no promise of success.

[El-Andalusi 7]

El--you absolutely have to take a few steps back and look at this solely thru the eyes of the CO--NOTHING else matters. Pushbrk summarized it best, but I plead with you to stop defending your actions and whining that your feelings don't count, becasue they simply don't--you need to get ALL of the emotion out of this right now or you will not be able to take the proper steps which require a cool head, and more importanty, a plan that hopefully will get you over the hump, and it is a VERY big hump.

Start now--practice turning your emotional energy into a plan of attack--test market the plan here, and we will all help smooth the rough edges until you have something to work with--this is a tough hsitutaion and there will be no shortcuts, and unfortunately, no promise of success.

_____________________________________

Thank you for all your help. This shook our worlds, it just happened to us so it is very fresh still and things are cooling down. I am working on a letter to the embassy to testify that there was no intent from any of us to willingly and or intentionally make false statements. I have been reading the definition of fraud on the Foreign Affairs Manual, to help me better understand more what they are coming at us with.

I plan to have a hard copy of this letter sent to them via my congressman or senator. Please give me your feedback and or advise on this step?

I am planning to visit my husband, I am planning to drop off my letter with evidence at the Embassy in person. I don't know if they will let me I have to find out. Has anyone ever done this? Would they receive it from me? What if I address my letter to the Consul General? Or who should it be addressed to?

Most importantly, my husband and I need to be together in this hard time. Can't wait to see him.

[Done--Really 331]

As an USC, you are welcome at the embassy at any time--no clue about who to address the letter to--someone else will ahve that answer.

CALL--don't write--both Senators as well as your congressman, and ask to speak to each of their people who specialize in immigration issues--it won't take long to figure out if they will be a help or not--don't be surprised if one or more of them give you a cold shoulder--there unfotunately are many who just won't extend themselves on immigration issues. You are fortunate to be in CA, however, since there is a huge immigrant population and virtually all your congressmen/senators have very active interactions with immigration issues.

I would be on the next plane !!!