Consulates Returning Petitions to the United States via 221g

[Marriednow 4]

Jenn,

And as I expect you know, under immigration law a visa applicant must prove their case to the government, not the other way around, a person is ineligible until they can prove themselves eligible. And rules of engagement are quite different from those in a court. The visa applicant is not defending themself against a charge, they're asking for a benefit. And until they demonstrate that they're entitled to the benefit, the answer is 'no'.

"Why?" "Because you didn't prove your case."

"What do I need to provide prove my case?" "Provide whatever you have to provide, whatever you wish to provide - I'll consider it. If it satisfies me I'll answer 'yes', until then the answer is 'no'."

We thought the issues raised in my wife's case were superficial. Nevertheless they were raised and therefore had to be addressed. She had to prove her case, the consulate wasn't going to prove it for her.

Yodrak

I do understand that immigration procedures are not equivalent to court procedures; I was just raising another analogy in the same way you did.

I think maybe we are coming at this a little bit differently in our assumptions.

You mentioned that the issues raised in your wife's case were superficial. This implies that you WERE aware of certain issues that needed to be addressed and you were able to do so. I was under the impression, having kept up with the OP's case, that the concern of this post is that applicants whose petitions are returned to the US are NOT informed of the issues regarding their cases.

You stated earlier that it should suffice to state that the applicant did not meet the eligibility requirements as stated under section 221(g). It seems that you and your wife, on the other hand, were made privy to more specific information regarding your case, and were therefore able to address the relevant issues.

I am by no means advocating that consulates should prove cases for applicants. Rather, I most definitely believe that visa fraud exists and measures should be taken to stop it in its tracks.

QUESTION: How can an applicant prove his/her case when the interviewer refuses to look at the additional evidence that he/she is sitting there holding in his/her hands? Almost everybody that is applying for a K-1 has lots more additional evidence that the consulate folks could look at--if they chose to do so. AND, if nothing else, they could at least pretend to be looking at it. At least people would not feel that all of these decisions are made before the applicant even arrives at the consulate.

And, sorry, rudeness in these embassies is totally wrong, no matter what the interviewer feels toward the person. After all, aren't these folks working for us (as in the U.S. interviewers)???

[Imgone 0]

"QUESTION: How can an applicant prove his/her case when the interviewer refuses to look at the additional evidence that he/she is sitting there holding in his/her hands? Almost everybody that is applying for a K-1 has lots more additional evidence that the consulate folks could look at--if they chose to do so. AND, if nothing else, they could at least pretend to be looking at it. At least people would not feel that all of these decisions are made before the applicant even arrives at the consulate.

And, sorry, rudeness in these embassies is totally wrong, no matter what the interviewer feels toward the person. After all, aren't these folks working for us (as in the U.S. interviewers)??? "

I tend to believe this statement because most of the interviewers are newly hired foreign affair officers and they are there by a mandatory 1 year term to advance to the next level and they would love to show they have caught many fraud cases to look good. They then tend to ignore the evidence you have. They just tend to deny and mean while they are gone by the time everything is reviewed.

[tennisbuff 0]

We need your support...Many K1/K3/CR1 visa petitions are being returned to the United States.

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. This is not only happening in Morocco but in US consulates all over the world...it could happen to you.

We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us.

Petitions Being Returned to the United States

If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Thank you.

Please show your support by posting it here...

~Kiya~

We should all support topics which may help us and others to communicate and exchange info, experiences,,, etc..

So that we can all avoid delays or potential roadblocks... Making other aware and open exchange is key..

-- I'm a newbie so i dont know what being pinned is.. I suppose it means a higher more prominant exposure on the website.. ?

I truly wish i came across this website before filing...

Althought i'm convinced that i did all the forms asked for and more...

I found online here many suggestions when filing the 129F -- there must have been 20 sugguestions...

Although I sent mine in a 3 ring binder, with each page in clear protector sheet, where pages can easily be removed and the book had tabs for each requirement in the order asked for the application... plus many other things..

I did not do the following....

- I did not have a table of contents - thought about it ..and felt that my tabs/labels were suffientlyly easy ?

- I did not do a cover letter, but i put one on the putside of the 3 ring binder attached within plastic..

- I submitted 24 pics, but did not write our names on the back of each or where it was taken

(i did put our names and id #..etc on the back of passport/visa photos

- I did not include 300+ emails, and phone bills for 100+ conversations......

(i did print them out and it took almost an 4 inches of paper and weighed 5 lbs...)so i did not include it...

>> but i did show us registered together at 2 hotels for 2 weeks with photos of the trip and the hotel

lots...more...etc...

Anyway....I thought of things not suggested by Visa Journey, but did not think to do some things they suggested...

so, yes i believe that people with like goals should exchange info, and thus we can all gain from the info...

Ron

[Hassan /mony 0]

Jenn,

Thanks for the clarification, I now understand what you were thinking.

And I agree that if the visa applicant has simply failed to show a bonafide relationship they should be given an opportunity to provide more evidence. That is different from the consulate having evidence that it believes shows the relationship is not bonafide. In the former case a decision cannot yet be made on the visa application, in the latter case a decision can be and has been made.

Yodrak

i agreee with the whole thing , my love will be going to the consulate next summer in casa for his visa approval , and after reading al the infor. i would hate for that to happen to any one , we all need to do something about this . if my loves visa doesn't get aproval , i had already made palns to moved there and live with him there and than go back to the consulate again, they can not contuine to turn you down, after a while the will get sick of it and hope fully let it go through . what we should do it everyone go to the consulate and unite there and not leave until they change things, the can not do any thing to us for we would be on american land but in Casa. I hope the start making changes for the good soon. i was told by a lawyer that my age diffence from my love would stop us from getting his visa approvaled, what a joke . age should not have anything to do with it. mony

[morocco4ever 63]

Wow this is an old thread! I can see the last time I posted was March of 06.

Just an update, and hopefully a glimmer of hope for those that had their visas denied, we did get the NOID a year ago August. I proved our case and it was re-affirmed. He had his second interview in November of 2006, sadly only a short time after my mothers funeral. They didn't ask him any more questions to prove our case, but rather asked for updated forms. He got the visa, and has been here since last December. I still can't believe that he is just in the other room, and all I have to do to see or touch him again is to take a few steps and open a door.

I stand by what I said before, they are simply trying to get us to give up since they don't have anything concrete. Those that endure this nightmare must truly be in an honest relationship. I don't see how anyone could do this if it wasn't true love.

[klodiana 0]

Hi Kiya!

a member of visa journey told me to contact you giving information about refusal.My name is Klodiana and i am from Albania,i married an american citizen,we filed july 2006 for k-3 and i-130,i got my interview at the embassy on feb 6,2007,and i got refused under section 221(g),she send back the paper to DHS for reconsideration,this is what she told me.We have been waiting since than,and we dont have an answer yet,we been through two diffrent layers and still nothing,we suffering so much, everyday i am crying to be next to my husband,but nobody cares about this,can u pls write me all the information you have about this kind of refusals,i will appreaciate.

thank you

klodiana

We need your support...Many K1/K3/CR1 visa petitions are being returned to the United States.

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. This is not only happening in Morocco but in US consulates all over the world...it could happen to you.

We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us.

Petitions Being Returned to the United States

If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Thank you.

Please show your support by posting it here...

~Kiya~

[jamyleandkhadijah 0]

I solemly support this..You have my vote.