Need some advice on sending letter to USCIS

[princesslooneytoons 0]

Hello, everyone. It's been a while since I have been on Visa Journey as it's been several years since my husband successfully immigrated here from Egypt. But once again I find myself in need of your collective knowledge....

Now, my mother has applied for a visa for her Moroccan husband twice and been refused twice on the grounds that USCIS does not believe it to be a legit marriage. They couldn't be more wrong, my mother and her husband love each other very much. It is my understanding that my stepfather's English was not very good during the one interview he had during the first petition. This lead to the refusal citing that my mother and him could not possibly be in love as she doesn't speak his language at all, and his English is mediocre. During the second petition he was never given an interview at all and the refusal on this one was based off the first interview from the previous case and that the evidence my mother submitted was all sentimental rather than historical. This seems ridiculous to me on several levels. First off, at the price for each of these petitions they should be given an interview and not just read over the last guys notes! Secondly, most of what my mom sent was pictures, cards, and other things that she thought would prove a relationship based off what most people myself included have sent. It really seems to me as if she was penalized by what the first interviewer decided and any excuse was used from then out to refuse her. She filed an appeal noting that if more historical evidence (proof of the many trips she has taken to see him, daily online chats for 5 years, etc.) was what was needed she could provide it. She has not heard back and from all that we have read, it is not likely that she will.

My questions is, is it worth sending a letter on her behalf? And to whom? I did not send a letter with any of her applications as we thought that it may give a wrong impression since I also immigrated my husband. Kinda looks like we have a family operation going here, which is of course wrong! Sheer fluke. Can I send a letter pleading her case and my knowledge of them as a loving, heart-broken couple? Will anyone at USCIS even read a letter without an application and a thousand dollars attached??? I would really love to be able to help her in some way.

Any experience or thoughts?

Thanks!

[canadian_wife 1,822]

USCIS approved the petition, why would you send a letter to USCIS explaining the validity of the marriage to USCIS when they were not the ones to deny the visa?

To answer your question, unlikely that anyone will read the letter, even at the consulate because the consulate has already made their decision (unless you are taking about the petition being sent back to USCIS for review...are you?)

If his english isn't good, how do they communicate?

Morrocco is a VERY difficult consulate with lots of fraud so I am not surprised that they denied him if they think they cannot communicate, I've seen denials for smaller things

good luck

[ATPEACE 43]

A letter to say what, have you'll as a family made trips to Egypt to celebrate this loving couple togetherness, do you have evidence to show this. Your mother should have lots of evidence if she has been married to her husband for 5 years. She should have evidence that they are living as a couple, i.e banking, taxes, insurance, not just phone chat..... that is only 2nd evidence.

[princesslooneytoons 0]

USCIS approved the petition, why would you send a letter to USCIS explaining the validity of the marriage to USCIS when they were not the ones to deny the visa?

To answer your question, unlikely that anyone will read the letter, even at the consulate because the consulate has already made their decision (unless you are taking about the petition being sent back to USCIS for review...are you?)

If his english isn't good, how do they communicate?

Morrocco is a VERY difficult consulate with lots of fraud so I am not surprised that they denied him if they think they cannot communicate, I've seen denials for smaller things

good luck

"If his english isn't good, how do they communicate? "

Wow, you sound a little like whoever it was who turned them down. Yes, they communicate through some combination of french and English (he does speak some, just not great) and some of his language that he is teaching her. The talk on web cam daily so very little typing and they manage to get what they need across. He has been in English classes for the past several years and has since become quite good.

Yes, I am a little out of the game not dogged down in the minutia daily that immigration requires anymore, so I am mistaken about who to send a letter to. I do not honestly know who to send a letter to if anyone, that WAS the question. All I know is that this is a mistake and surely it must help to have as many people as possible to vouch for the validity of the marriage. To describe the heart ache someones decision has caused. Surely, the repetitive efforts on her part and the backing of all who know her personally has to show some level of genuineness?

[princesslooneytoons 0]

A letter to say what, have you'll as a family made trips to Egypt to celebrate this loving couple togetherness, do you have evidence to show this. Your mother should have lots of evidence if she has been married to her husband for 5 years. She should have evidence that they are living as a couple, i.e banking, taxes, insurance, not just phone chat..... that is only 2nd evidence.

He is from Morocco and has never been to the US, so they have not lived together. She takes trips there as often as possible but not being rich and having health issues that require regular medical care she cannot stay there all the time. Yes, she did have lots of evidence but it was only the kind that prove two people love each other from far away (and this is because he was not granted a VISA so....what exactly is she supposed to do about that??)She has also offered to send other evidence but has not heard back. She did send more than just web chat records, I just didn't feel like listing them all here.

We are not a rich family, so I cant travel there as I also have a husband from another country that we save our funds to visit. She cant stay there permanently either, because of both limited funds and health issues that require regular specialized medical care. So, no I have not traveled with them. I have spoken to him on phone and web came, he calls me his step daughter, we all share news back and forth and plans for the future and he has even intervened to be a peace maker in family feuds from across the world. In short he plays an active role in our family, which is one of the ways in which I know that they are a geniune and deserving couple, the reason that I would like to speak up for them.

Funny....I find myself here defending her and myself again when all I did was ask for help. What a jaded world.

[ATPEACE 43]

He is from Morocco and has never been to the US, so they have not lived together. She takes trips there as often as possible but not being rich and having health issues that require regular medical care she cannot stay there all the time. Yes, she did have lots of evidence but it was only the kind that prove two people love each other from far away (and this is because he was not granted a VISA so....what exactly is she supposed to do about that??)She has also offered to send other evidence but has not heard back. She did send more than just web chat records, I just didn't feel like listing them all here.

We are not a rich family, so I cant travel there as I also have a husband from another country that we save our funds to visit. She cant stay there permanently either, because of both limited funds and health issues that require regular specialized medical care. So, no I have not traveled with them. I have spoken to him on phone and web came, he calls me his step daughter, we all share news back and forth and plans for the future and he has even intervened to be a peace maker in family feuds from across the world. In short he plays an active role in our family, which is one of the ways in which I know that they are a geniune and deserving couple, the reason that I would like to speak up for them.

Funny....I find myself here defending her and myself again when all I did was ask for help. What a jaded world.

You feel the question was jaded and all I asked was do you have any other evidence than what has already been supplied to the embassy. The letter you wish to write would have been something you should have supplied at the second interview, the embassy is looking for concert evidence. That's what you'll should be trying to put together, that's what I have listed in my question. This is a 5 year relationship and you'll don't have some of the things that the embassy would be looking for.

Edited June 24, 2011 by ATPEACE

[Darnell 8,478]

so, he interviewed for a K-3 visa, got a 221G refusal, the casefile is being sent back to USCIS for further review and possible re-affirmation.

IF the USCIS decides that the Petitioner needs to supply more information about the bonafides of the relationship, allowing the petioner to REBUT what the IV unit decided,

then - that's the timetick to 'send in yer letter'.

The USCitizen will know more about this, she'll receive a letter about 'what's next' and 'what they want'.

Where's the casefile today?

the following only works if the visa interview was for a K-3

IMO, if the I-130 is still active at NVC (and it should be, call to confirm it) then the IR-1 visa can be kickstarted into play by following up/through with the NVC processing for a Spousal Visa (IR-1) and THEN submit all bonafides (from the I-130 instructions) WITH THE DS-230 into NVC.

Edited June 24, 2011 by Darnell

[princesslooneytoons 0]

so, he interviewed for a K-3 visa, got a 221G refusal, the casefile is being sent back to USCIS for further review and possible re-affirmation.

IF the USCIS decides that the Petitioner needs to supply more information about the bonafides of the relationship, allowing the petioner to REBUT what the IV unit decided,

then - that's the timetick to 'send in yer letter'.

The USCitizen will know more about this, she'll receive a letter about 'what's next' and 'what they want'.

Where's the casefile today?

the following only works if the visa interview was for a K-3

IMO, if the I-130 is still active at NVC (and it should be, call to confirm it) then the IR-1 visa can be kickstarted into play by following up/through with the NVC processing for a Spousal Visa (IR-1) and THEN submit all bonafides (from the I-130 instructions) WITH THE DS-230 into NVC.

The last she was told was that she was turned down and she had 30 or 60 (not sure which) days to reply, she did and then they replied back that in the end she was turned down. The final letter from them said she could file an appeal (for yet another fee) which she did. This was several months ago, nothing since. No directions since they basically left it at "we said no, but you can appeal if you think we're wrong." This is the second time she filed for him.

I probably missed the time period that I could have helped her in any way. We just felt it was best since I also had an immigrant husband and she already had letters from others. I just keep feeling like it is so wrong and that people make mistakes (in this case the officer who said no) but that these people aren't god and there should be some way of righting it. I feel a little guilty every time we have a family dinner and my husband is there but her's is not.

[princesslooneytoons 0]

You feel the question was jaded and all I asked was do you have any other evidence than what has already been supplied to the embassy. The letter you wish to write would have been something you should have supplied at the second interview, the embassy is looking for concert evidence. That's what you'll should be trying to put together, that's what I have listed in my question. This is a 5 year relationship and you'll don't have some of the things that the embassy would be looking for.

I guess I was commenting on the tone.

There was no second interview to supply it at. Even during the second and most recent application the officer who sent her the denial letter referenced the interview from the first application. She has stacks of evidence, however like I mention this evidence is limited to the type that people who are separated by distance (plane tickets, pictures together from trips, letters, packages sent for birthdays & holidays, evidence that they speak every single day, letters from family)

[Darnell 8,478]

The last she was told was that she was turned down and she had 30 or 60 (not sure which) days to reply, she did and then they replied back that in the end she was turned down. The final letter from them said she could file an appeal (for yet another fee) which she did. This was several months ago, nothing since. No directions since they basically left it at "we said no, but you can appeal if you think we're wrong." This is the second time she filed for him.

Whew - that's a lot of casefile travelling and review. IMO, you've missed any timetick to be helpful, unless there are specific instructions after filing the appeal.

[princesslooneytoons 0]

Whew - that's a lot of casefile travelling and review. IMO, you've missed any timetick to be helpful, unless there are specific instructions after filing the appeal.

Thanks Darnell, that is what I suspected. Maybe we will get lucky during the appeal, otherwise I guess it's time to file all over again.

[pushbrk 12,883]

Thanks Darnell, that is what I suspected. Maybe we will get lucky during the appeal, otherwise I guess it's time to file all over again.

I would suggest that if the couple wishes to be together in the USA, they first arrange to live together at least several months as husband and wife in Morocco. That's the kind of evidence of a bona fide relationship that will overcome the previous denials. I'm going to presume there's a significant age difference and that your mother is the older. Yes?

What connection is there if any between YOUR husband and your mother's husband? Did your husband know your stepfather before your mother did?

Edited June 25, 2011 by pushbrk