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Filed: K-1 Visa Country: Hong Kong
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Posted

If a visa were denied because of actual fraud then there would be no visa approval after a subsequent petition were filed. At the very least, an I-601 waiver would be required. Visas are usually not denied because of fraud - they are usually denied because the consular officer does not believe that there is a legitimate relationship, and the consular officer has the statutory discretion to make that call. The only way Congress is going to take that discretion away from the CO is if someone invents a machine that can read minds, and the CO's use that machine to weed out the frauds.

The "magic" that happened between the first and second visa application is that the CO has now seen enough evidence to believe that the relationship is probably real.

Think about that for a moment and let it sink in...

If the CO didn't see enough evidence the first time the beneficiary applied to convince them, but saw enough evidence to believe them the second time they applied, doesn't that imply that maybe the CO would have approved the visa the first time if they saw enough convincing evidence? :innocent:

If you want to increase your chances of approval then you need to take your time, allow your relationship to develop, and collect your evidence before you send the petition. You're not trying to convince your mom that you're in love. You're trying to convince someone who doesn't know you, and who will spend a total of five or ten minutes with your petition package and the forms submitted at the interview before making their preliminary decision. You really want those documents and evidence to make the very best impression.

Anyone who comes to VJ for self-help with the immigration process should not proceed straight to the guides, file their petition, and then spend their waiting time reading the various forums. Read the forums first. Find out what the common reasons are for a visa denial. If you see any of those red flags in your own case then fix them or at least address them before you file the petition. Does the consulate like to deny visas because the petitioner made only one trip? Then postpone filing until you've made a few more trips. Does the consulate like to deny visas because the petitioner and/or beneficiary were recently divorced? Then wait a year or two after the divorce before filing. If you've got a situation that's considered a red flag at a particular consulate that you simply can't fix, like a big age difference, then at least have evidence of a long term relationship to help overcome the suspicion that the relationship is a sham.

I think the general consensus is that it's Lagos, Nigeria, but I'd bet Guangzhou is in the top five. From what I've heard, Juarez is actually pretty easy compared to some of the more notorious high fraud consulates.

Thanks for your "expert" advice/opinion.....but is it really necessary to "belittle" someone that has a BONA FIDE Concern about the "DOS System", while giving it?? Perhaps you need to let it "Sink In", that sometimes it seems that Consulate Officers have already formed an opinion before the interview ever takes place....or perhaps their LOCAL interviewers have done so!! DID YOU FOLLOW ALL YOUR ADVICE YOURSELF,when filing your K1 Petition?

I'm not sure about others, but I'm not on these boards to be told that I should have waited longer to file my Petition, and it would have been approved by the Consulate Locals and CO's!! I'm looking for advice as to my OPTIONS NOW! What Consulate did your fiancee go through again? Was it Guangzhou or Hong Kong?? Guess not!

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Vietnam had it's other problems, when Jim's lass had her interview there - was singularly (ie - not at other US Embassy IV Units) a huge problem with the VOs there doing denials for no reason, losing casefiles and being basic pr|cks about doing their job when not at the interview window during the interview times. IIRC, the IV chief lost his job over this one, and most VOs were replaced.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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