CR1 Visa Denied at US Embassy

[El-Andalusi 7]

What you need to do immediately is stop already with the denial phase. It doesn't matter what you know. It matters what a Consular officer thinks of the facts before them. I would hire an immigration lawyer with specific experience with your kind of case (dealing with findings of misrepresentation) share ALL the facts candidly with them and follow their advice. You have a very serious situation on your hands.

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Maybe on here, from a text one cannot tell how realistic I am with the status quo but believe me I am already there looking at what the CO is thinking. Plus, I have been only responding to what people have said so therefore it might give another impression. I just hope we will have time to attack the issue at the embassy before they reach a false conclusion.

Again, big thanks!

[pushbrk 12,883]

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Maybe on here, from a text one cannot tell how realistic I am with the status quo but believe me I am already there looking at what the CO is thinking. Plus, I have been only responding to what people have said so therefore it might give another impression. I just hope we will have time to attack the issue at the embassy before they reach a false conclusion.

Again, big thanks!

Your responses have all lacked any acknowledgement of the validity of the suspicions. You've been concentrating on "we didn't" and "we are" instead of why anybody should believe you didn't and that you are. You don't seem to acknowledge the Catch 22, that everything you do to prove your relationship is bona fide, can bolster the case that the student visa application was fraudulent. This is a high wire act that needs coaching from an expert attorney.

[san diego 407]

A formal engagement ceremony is not required in order to be considered a fiancee. Most people don't have any ceremony of engagement, though it might be common in your culture. The above sounds like splitting hairs. By the definition of "engaged" or "fiance" checking the fiancee box as no on a DS156 could well be considered a material misrepresentation in your circumstances. It may not ultimately be considered in that way but I suspect that is the key issue that is being investigated at this time.

In short, what you are saying is that you and your fiance as well as your parents, knew of your agreement to marry, so you were "engaged to be married" by any reasonable common definition, at the time your fiance applied for a student visa. What was the reasoning behind taking the student visa route instead of the K1 route?

Pretty clear... They tried to get him here to use the loophole of AOS. Let's all be honest with each other and call everything what it is. COs are not stupid. You tried to get him here on student visa, get married, and apply for AOS exploring loophole in the law. They caught it and now you have a problem. You need to be upfront for anyone to give you advice. From your timeline it is clear that you applied for visa knowing that you will get married, right? Why student visa then? This is pretty obvious.

[san diego 407]

I agree with pushbrk: get a lawyer and focus on getting the waiver of some sort. You will not be able to prove that you did not lie on the application for F1 visa. Fighting in this direction may only cause further trouble. Don't listen to us. We are not specialists in this. Bottom line - get a good lawyer and get him to work on your case ASAP. This would be the best advice.

[El-Andalusi 7]

I agree with pushbrk: get a lawyer and focus on getting the waiver of some sort. You will not be able to prove that you did not lie on the application for F1 visa. Fighting in this direction may only cause further trouble. Don't listen to us. We are not specialists in this. Bottom line - get a good lawyer and get him to work on your case ASAP. This would be the best advice.

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Thank you, I am working on finding an expert lawyer. If anyone knows of anyone please do provide the contact info on here.

[El-Andalusi 7]

Pretty clear... They tried to get him here to use the loophole of AOS. Let's all be honest with each other and call everything what it is. COs are not stupid. You tried to get him here on student visa, get married, and apply for AOS exploring loophole in the law. They caught it and now you have a problem. You need to be upfront for anyone to give you advice. From your timeline it is clear that you applied for visa knowing that you will get married, right? Why student visa then? This is pretty obvious.

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You are extremely wrong with your opinion. I am here to tell my real story and seek help. It is not fun spending my time here revealing very personal information to cheat myself or anyone.

Yes, CO's are not stupid, they're elites. I am, we are, not stupid either to use a student visa to get him here and marry him. We would have used the K1 Visa options instead.

Student Visa was for a 4 week intensive English course that is the truth. And whether we can prove or not prove that we did not lie on the non-immigrant Visa please leave that to us dealing with this.

You see it that way, because you think that way. WE DO NOT!

[El-Andalusi 7]

Your responses have all lacked any acknowledgement of the validity of the suspicions. You've been concentrating on "we didn't" and "we are" instead of why anybody should believe you didn't and that you are. You don't seem to acknowledge the Catch 22, that everything you do to prove your relationship is bona fide, can bolster the case that the student visa application was fraudulent. This is a high wire act that needs coaching from an expert attorney.

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No, I have acknowledged it in several ways. Instead of repeating yourself, give me some advise on how to approach this if you have any. Since you wrote it is critical on how to approach it. I do not need any more theories, I get it.

[Done--Really 331]

El--PLEASE go to www.immigrate2us.net if you haven't already. They have a list of lawyers that handle very difficult cases of all sorts--it is a far better place to start than just asking around or listening to the folks here--I have spent many, many hours helping folks on the other site as well as in real life, and if you call a couple--start with Laurel Scott--tell them you folks are potentilaly charged with a misrep based on what you have learned here and from the consulate and need to know the best course of action. While the consults are free or only a couple hundred $$, if they take your case you are talking big bucks, but you won't be dealing with amatuer lawyers who think they can do anything even though they have done nothing.

Also, please understand that immigration law is done at the Federal level so it makes no difference whatsoever where the lawyer is located--there is virtually no reason to ever be face to face unless you are dragged into court which you won't be because of the nature of your case.

Good luck, girl--it hope it turns out to be easy, but it probably won't be.

Rick

[pushbrk 12,883]

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No, I have acknowledged it in several ways.

Not any ways that I noticed.

[VanessaTony 3,567]

No, I have acknowledged it in several ways. Instead of repeating yourself, give me some advise on how to approach this if you have any. Since you wrote it is critical on how to approach it. I do not need any more theories, I get it.

Some thoughts I was having that should help you think of ways to help.

1. Do you have proof that there are no good courses in his home country in order to assist him learning english better?

2. Do you have any way to prove that it was necessary for him to learn English BEFORE moving to the US? You said you speak the same language so it's not to communicate with you, and he doesn't need english to talk to his family in his country, so a 4 week course could have been done after he immigrated.

3. Do you have proof of not being engaged at the time of filing the student visa? (in this case you are guilty until proven innocent). Tony and I have chat logs that would prove that we weren't engaged (we didn't refer to each other as "husband to be" or "wife to be" after it was official). Do you have any similar proof of that?

4. Do you have proof of reasons that you would not have filed AOS while in the US rather than the student visa route? Such as religious proof or anything like that? Wedding/engagement plans in his home country wouldn't necessarily look good because it shows proof of intent to marry.

Good luck. Don't know if that gives you any ideas for things to do.

[El-Andalusi 7]

El--PLEASE go to www.immigrate2us.net if you haven't already. They have a list of lawyers that handle very difficult cases of all sorts--it is a far better place to start than just asking around or listening to the folks here--I have spent many, many hours helping folks on the other site as well as in real life, and if you call a couple--start with Laurel Scott--tell them you folks are potentilaly charged with a misrep based on what you have learned here and from the consulate and need to know the best course of action. While the consults are free or only a couple hundred $, if they take your case you are talking big bucks, but you won't be dealing with amatuer lawyers who think they can do anything even though they have done nothing.

Also, please understand that immigration law is done at the Federal level so it makes no difference whatsoever where the lawyer is located--there is virtually no reason to ever be face to face unless you are dragged into court which you won't be because of the nature of your case.

Good luck, girl--it hope it turns out to be easy, but it probably won't be.

Rick

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Rick, this is very good advise and guidance. I feel like I have been digesting hard metal. Your help here puts the light on where to go immediately. I am registering on that site.

Thank you, god bless you.

[El-Andalusi 7]

Some thoughts I was having that should help you think of ways to help.

1. Do you have proof that there are no good courses in his home country in order to assist him learning english better?

2. Do you have any way to prove that it was necessary for him to learn English BEFORE moving to the US? You said you speak the same language so it's not to communicate with you, and he doesn't need english to talk to his family in his country, so a 4 week course could have been done after he immigrated.

3. Do you have proof of not being engaged at the time of filing the student visa? (in this case you are guilty until proven innocent). Tony and I have chat logs that would prove that we weren't engaged (we didn't refer to each other as "husband to be" or "wife to be" after it was official). Do you have any similar proof of that?

4. Do you have proof of reasons that you would not have filed AOS while in the US rather than the student visa route? Such as religious proof or anything like that? Wedding/engagement plans in his home country wouldn't necessarily look good because it shows proof of intent to marry.

Good luck. Don't know if that gives you any ideas for things to do.

======================

This points out real facts for me that do exist.

1) Overall Algeria heavily lacks having any decent private/public schools that offer intensive American English courses. My husband found one lady. She charged about $300 dollars a week for a few hours only, it would have taken him driving one hour each way. She could do that because there is no competition. Plus, this American lady converted to extreme Islam and honestly my husband got scared to spend few hours a week with her in her hardcore face/head cover.

Plus, the one we found here was private, and for under $400 for 4 weeks, at 25 hours a week.

2) Yes, I do.

3) Yes, we DO. Thanks for putting it this way. I feel some oxygen again.

4) I've got that too.

These steps help tremendously, thank you for your time and for caring.

Blessings

[El-Andalusi 7]

Not any ways that I noticed.

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Well now that I told you a few times. Where is your actual advise on what to do? Instead of slamming your fancy theories with your very advanced sounding terminologies, show some actual help, e. g. give me a lawyer, a possible proof, etc.

(Don't get me wrong, you do well what you do on here).

[Moomin 292]

You need you find solid PROOF which doesn't suggest misrepresentation. Example; You say you found a private English teacher. Did you pay that person, have it in writing, anything that supports your statement, a quote from the teacher specifically for you(on behalf of your now-husbond)? Solid proof that is not a "he said she said". Documentation is the way to address and overcome problems regarding this side of immigration.

Before anyone can give specific advise they need the details, not the feelings(we care, it's just not the details of the feelings that are neeeded here).

[Moonlight2011 13]

Hi,

well, i live in Algiers and there are a lot of good school of english, that are even known by the US embassy !!!

I have no Idea where ure husband live, but thats right that out of the big cities: live algiers, Oran constantine, anaba and hassi messaoud... english school may be difficult to be found.

Isma, i think ure big issue here on the student visa, is not because of his application but maybe the information on that application: if u was his sponsor, if he mentionned u somewhere?? does the Co asked him about a fiance or girlfriend..

and than there were an other issue, in ure Cr1 application: just about info there, did u guys mention that he got denied a student visa!!!!

I got denied my second tourist visa with that Co just because i was honest i put my Boyfriend in the application that he invited me for holidays, i was stupid to think that i have nothing to hide, so i found it its normal im going visit him so i put him in my application, taking in consideration that i got few months before a tourist visa without any issue.it was an other Co, before this one gets there....(if i really had something to hide i would put the name of the friend a girl that invite me to US teh first time...but i didnt

I think that Co, is just very hard in giving visa to all those long distance relationships ! i guess she hardly think that it works. After reading alot of people stories i think she just give hard time to couple and put them in AP to see if it really works!