Consular Agent recommending denial

[MaryRichi 4]

Yesterday my fiance had his interview and the agent told him that he does not believe this is a real relationship and he is writing a letter recommending denial and will be giving to his supervisor for review. Once his supervisor reviews he will more than likely deny and send file back to US. He gave my fiance 3 reasons why he is denying.

1) I did not travel to Algeria. I traveled to Tunisia to physically meet him.

2) I have been divorced twice and had no job when my fiance and I started talking. (I got my job 2 weeks after we started chatting) There for the agent feels I was depressed because of failed marriages and no job with 2 kids

3) My income is just a little above the guideline

What I don't understand is have we been denied? If so, what else can I do? The agent never even looked at the other proof my fiance had with him to show real relationship but he did take all documents.

Guidance Please....

Edited May 19, 2012 by MaryRichi

[JimVaPhuong 4,863]

Yesterday my fiance had his interview and the agent told him that he does not believe this is a real relationship and he is writing a letter recommending denial and will be giving to his supervisor for review. Once his supervisor reviews he will more than likely deny and send file back to US. He gave my fiance 3 reasons why he is denying.

1) I did not travel to Algeria. I traveled to Tunisia to physically meet him.

2) I have been divorced twice and had no job when my fiance and I started talking. (I got my job 2 weeks after we started chatting) There for the agent feels I was depressed because of failed marriages and no job with 2 kids

3) My income is just a little above the guideline

What I don't understand is have we been denied? If so, what else can I do? The agent never even looked at the other proof my fiance had with him to show real relationship but he did take all documents.

Guidance Please....

Depends on what was written on the paper he got from the consulate. Most denials have to be confirmed by the IV unit section chief, so it's not unusual for the consular officer to say his supervisor has to approve it. At some consulates there's a remote chance of appealing to the IV unit section chief to reconsider, and keeping the petition at the consulate for further review. At most consulates it's futile. The IV section chief usually rubber stamps the consular officer's decision.

Consular officers aren't required to review the evidence the beneficiary brings with them, especially if they believe the evidence they already have is sufficient to make a decision.

You can try contacting the consulate and asking if you can submit further evidence. If they refuse then your petition is almost certainly going to be sent back to USCIS with a recommendation that they revoke the approval of the petition.

[Penguin_ie 5,997]

How many times did you travel to meet him?

Did you meet any of his family, or he yours?

Is ther ea major age difference?

If you can, I would contact the embassy, ask for a second interview and travel over there for it, so they can see you together.

[MaryRichi 4]

Depends on what was written on the paper he got from the consulate. Most denials have to be confirmed by the IV unit section chief, so it's not unusual for the consular officer to say his supervisor has to approve it. At some consulates there's a remote chance of appealing to the IV unit section chief to reconsider, and keeping the petition at the consulate for further review. At most consulates it's futile. The IV section chief usually rubber stamps the consular officer's decision.

Consular officers aren't required to review the evidence the beneficiary brings with them, especially if they believe the evidence they already have is sufficient to make a decision.

You can try contacting the consulate and asking if you can submit further evidence. If they refuse then your petition is almost certainly going to be sent back to USCIS with a recommendation that they revoke the approval of the petition.

That is why I am so confused because my fiance didn't receive a paper and the only thing they gave him was his passport back.

Edited May 19, 2012 by MaryRichi

[MaryRichi 4]

How many times did you travel to meet him?

Did you meet any of his family, or he yours?

Is ther ea major age difference?

If you can, I would contact the embassy, ask for a second interview and travel over there for it, so they can see you together.

I met him twice. Once in April 2011 in Tunisia and recently we met up in Turkey (April 2012).

I have not physically met his family. I do talk to them on Skype occassionally. I receive text and I text his mom, his sister and his cousin.

He has not physically met my family but has talked to my mom on Facebook and my sister. He also has talked to my kids.

Yes there is an age difference of 10 years. I am older.

[Ban Hammer 13,655]

two posts that are unhelpful removed along with one quoting, along with that member's access to this thread.

[MaryRichi 4]

two posts that are unhelpful removed along with one quoting, along with that member's access to this thread.

I don't understand...did I do something wrong?

[Penguin_ie 5,997]

I don't understand...did I do something wrong?

No, you are fine!

Charles simply removed one of your posts because you quoted an offensive post (we cannot edit posts, just remove them).

[MaryRichi 4]

Here's an update: I emailed the embassy on a Saturday night for them to have on Sunday morning when they open. I requested them to please re-consider my case and I attached Skype conversations, various pictures from our vacation in Turkey and pictures of our rings together. On Monday morning I received and email that they are re-considering their decision and my fiance needs to drop off or mail his passport @ the embassy. Mohamed dropped off his passport and 3 weeks later he still did not have his visa. I emailed the embassy and received an email the same day stating that his visa has been printed and he should be receiving in a couple of days. What a journey!!! What an accomplishment!!! :-)

[glenmar 34]

Here's an update: I emailed the embassy on a Saturday night for them to have on Sunday morning when they open. I requested them to please re-consider my case and I attached Skype conversations, various pictures from our vacation in Turkey and pictures of our rings together. On Monday morning I received and email that they are re-considering their decision and my fiance needs to drop off or mail his passport @ the embassy. Mohamed dropped off his passport and 3 weeks later he still did not have his visa. I emailed the embassy and received an email the same day stating that his visa has been printed and he should be receiving in a couple of days. What a journey!!! What an accomplishment!!! :-)

Congrats, that's the way to hang in there and not give up.

[agrabs 250]

Here's an update: I emailed the embassy on a Saturday night for them to have on Sunday morning when they open. I requested them to please re-consider my case and I attached Skype conversations, various pictures from our vacation in Turkey and pictures of our rings together. On Monday morning I received and email that they are re-considering their decision and my fiance needs to drop off or mail his passport @ the embassy. Mohamed dropped off his passport and 3 weeks later he still did not have his visa. I emailed the embassy and received an email the same day stating that his visa has been printed and he should be receiving in a couple of days. What a journey!!! What an accomplishment!!! :-)

Awesome! Congratulations! Way to stay strong and not give up!

[dwheels76 5,475]

WOW that is awesome news. Just goes to show to never take a denial as a NO! Good for you. Thrilled for you.

[KTandTommy 31]

I'm glad you persisted! Congratulations!

[Anh map 2,098]

Congrats to you both. Nice to hear the good news.

[MaryRichi 4]

VISA was received today in hand! YAY!!! :dance: What a journey this has been...Thank you to all for your support and guidance!!