Visa Denied today!!! HELP!!!!

[E and E 9]

What he's probably saying is that if they just get married and refile that likely they will get the same result. I don't think her fiance is resisting getting married at all. It's a very valid concern considering they probably didn't believe this couple's relationship is bonafide and that's why they refused to grant the visa. The petitioner's history of petitioning a previous immigrant spouse didn't help either.

OP - as others have said, take some time to process all the information you can. You can try calling the embassy but they probably won't give you any solid answers. File a Freedom of Information Act request with USCIS for the Consular Officer's notes and your returned case file. You can look up how on the USCIS website. This will take some time to process but it could give you helpful information. Go back over all the documents you and your fiance presented in the case. Try to look at it as an outside observer. I understand you can't move to be with your fiance in Haiti because you have a child to care for, but visiting more often and strengthening your ties to each other can only help when you decide how to proceed. Plenty of people have overcome this obstacle so don't despair. There is still hope. Best of luck to you.

Thanks a lot,

Sorry to hear he got denied, but the CO was correct its not the end of the world, my friend's husband was denied the I-29f year before last and they went a head and got married last december and file the cr1 he just came here to the states in feburary this year and she only visited him twice so yes go ahead and get married and file the i130...

Thanks a bunch...

[TazzingOut 3]

My fiance went this morning and did everything through fingerprinting. Then he was called to number 17. First let me tell you, my fiance is 12 years younger than me and this is not my first 129F application. Back to 2008 I filed for a sucker (excuse my french) then he came in March 2009, he took off after getting his 2 years green card. I sent a certified letter to CSC that approved the AOS and one to VSC which is my jurisdiction and one to my local office (Boston). I even went to Boston office twice to let them know that I don't know his whereabouts and the copy of my divorce filing. I met my fiance now, we are so much in love. We went in Dominican Republic for the first time 10/06/11 and went again 05/15/12. That same day I arrived at the hotel, I received a call from my sister in Boston, that my mom passed away with heart condition. I couldn't find a flight back on AxA to Boston right away, I bought another ticket through Jetblue to proceed with mom's funeral arrangements. I filed for my fiance on 07/10/12 which I thought the process will go faster and VSC took forever. I thought of traveling to Haiti but I said what about if NOA2 showed up...all these crazy thinking.

To get back to the interview process today, those are the questions:

1. Who's sending for you? My fiancee so and so

2. How did you guys meet? Social network...

3. How many times that you saw your fiancee? 2 times in Dominican republic October 06, 2011 and May 05/15/12, we stayed at this hotel..... The CO said I see

4. She didn't come to see you in Haiti? No, because we chose to go exploring somewhere else(DR)

5. Have you met her family? Yes, I met her brother (first and last name) who came to Haiti in July 2012

6. Did you know that your fiancee was married twice before? Yes, and she got divorced

7. So what happened to the second marriage? The guy took off and she never know his wherabouts then she got divorced

Then the CO said "Ok Mr X(my fiance), you are not qualified, this not the end of the world. You can still get married.

I feel that this is very insulting. Does Immigration can tell me how many times to get married? Does Immigration can tell me "Hold a gun on your fiance's head to stay with you? Does Immigration can tell me or my fiance "Marry someone your own age? Does Immigration can tell you to look for someone in the states and make sure that someone has a green card?

I only filed I-129F once and the relationship went bad. I worked in my job for 23 years, I paid taxes and never been in jail or either been accused for domestic violence. Never, Never, Never so I leave any comments or suggestions from you VJers for me what's the next steps...Thank you and I am very Saddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd.

Should I go to Haiti and get married? but my fiance said to me" Baby, I am afraid if we go the I-130 process, will they look at it the same way. He said again "Baby I swear that I answered everything, all questions" He added "I feel bad that outsiders look at Haiti as a poor country that people might use other people to enter the USA but one thing, the CO deny the real lovers" That breaks my heart and my fiance said to me "What about if you come to leave with me because I know in my mind, there was no such thing and I want to prove them that Denying us can't break our relationship.

Okie. Answer me really fast. Your fiancee received a paper trlling him the denial reason and the law number. It usualy starts with 21. Could you please give me the number. Is it 212 or 214 or 221. What is it exactly?

[E and E 9]

Okie. Answer me really fast. Your fiancee received a paper trlling him the denial reason and the law number. It usualy starts with 21. Could you please give me the number. Is it 212 or 214 or 221. What is it exactly?

221

[TazzingOut 3]

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15)(B) or , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

Thats the reason why he was denied.

[mtcmk1 37]

Thanks for your advice as always but unfortunately I can't live in Haiti right now because I have my son who is 12 years old and is in school. Do you think I can appeal it? This is tearing my heart, I don't know if I should scream.

Thanks for the advice

Sorry again about the situation. I think you may be able to appeal it. But you can't without knowing all the information. How much proof did you have? You may have to just get married later after visiting him often in Haiti to build proofs. Do what the others have told you. Request more info about the CO's decision and keep us posted. Good luck!

[Guest DeletePlse]

Stay positive.....If u love each other it will all work out

[TazzingOut 3]

What does a visa denial under INA section 221(g) mean?

A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:

Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.

Administrative processing - Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

Is there something I can do about a refusal under section 221(g)?

If your application was denied because documentation or information is missing, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be processed to conclusion to determine whether you qualify for a visa. You have one year from the date you were refused a visa to submit the additional information. Otherwise, if you do not provide the required additional information within one year, you must reapply for the visa and pay another application fee.

If your application requires further administrative processing, this takes additional time after your interview. Processing times can vary based on individual circumstances. For more information, review Administrative Processing.

[ddkorestin 10]

sorry about what happed to u .i think they are trying to play safe with u, in the sense that they want u to get married and by getting married, u will b more committed and the risk of this man absconding would b minimal. am sorry to say this but am trying to think like them. I think u should consult a lawyer who has experience in this area, never give up, it happens to someone I know and atlast he was able to bring is patner back. this is long time ago and 2001 to b precise, he married 2 women previously and filled for one of them which they divorce after just few years. stay strong and get a lawyer.

[duraaraa 203]

Did they not say exactly why they found him to be ineligible? For example, did they cite that they think the relationship is not bona fide?

[Fight for Love 98]

getting married with him and STAYING with him in haiti MIGHT make a big difference. they will see that you guys are ready to take that risk.

anyways the CO is right it's NOT THE END OF THE WORLD....fight what u think is right

[indiana_sweetie 120]

He doesn't resist the I-130 process, he just feels another long wait for us to be together.

Ok I understand, and yes, it would be another long wait.

[duraaraa 203]

If I were in your shoes (I very well may be if my fiancee is denied at an interview. She is 12 years older than I am, but I am the petitioner. I think we have a strong case, but that doesn't mean the CO will.), I would move to Haiti. Living there would be an experience for you and your son, and it's much easier to wait for the spousal visa process together.

My plan is, if my fiancee is denied at the interview, to call the embassy and beg them to reconsider. I mean, continue calling until they do something or stop taking my calls. If they don't respond and they send it back to the CSC, I sell everything I own, quit my job, and move to Mongolia.

Edited April 18, 2013 by duraaraa

[wellford 0]

I can't imagine what you're going through.

Stay strong.

[wellford 0]

Another thing to ponder, I wonder what the denial rates are

for specific countries?

Can I find that information on the Internet?

HHHHHMMMMMMMMMM

[duraaraa 203]

Another thing to ponder, I wonder what the denial rates are

for specific countries?

Can I find that information on the Internet?

HHHHHMMMMMMMMMM

If you ever do find it, let me know.