Visa Denied today!!! HELP!!!!

[TazzingOut 3]

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

for specific countries?

Can I find that information on the Internet?

HHHHHMMMMMMMMMM

You gotta do you own research buddy...Good luck

[dhaiti20 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.

I am so sorry. The CO in Haiti can be very tough I went through the same Consulate as you. I read your story and I myself have some concern. I don't believe it's the age difference. I just had my interview back in February and I am 11 years older than he, and they not once questioned our big age gap. The CO probably looked at the facts that (1) you met on social network and only saw each other twice being 7 months apart, (2) You not once met in Haiti instead in the DR... so there probably thinking you haven't even met his family or friends, like it wasn't legitimate etc... if you look at Barbie_Vasquez timeline one of my friends on my page you will see that they denied her fiance for that same reason, for her not meeting her fiance in Haiti instead in the DR, (3) You were not in attendance with your fiance at the interview. It builds a stronger case especially in Haiti when your accompanying your fiance ... I learned that through another visa journey friend of mine mtcmk1 (please read her review) also one of my friends on my page. Example: the day of our interview when some of the papers were returned to us, we got to the hotel and was looking at the things they returned to us. we found a little sticky paper the said the PT is here. My fiance looked at me and said babe did you write this, I said no, and we asked ourself the next question what is PT? thats when we notice it meant the petitioner is here..They actually warns the CO that the petitioner is here with the fiance, and (4) you stated you were married and got divorce basically to a jerk; however the CO asked your fiance did he know you were married TWICE!!! this could be the biggest flag... Question: were you married twice and how long apart were they? because the CO is probably looking at it as this being your possible third marriage,probably looking at the time frame between all of these commitment (possible thinking fraud),etc. Please do not marry to soon, because in Haiti they will probably deny it again. My opinion wait for more information and go from there. First starting with visiting your fiance more often in Haiti, and build a stronger relationship for the eyes of the CO. I know eventhough you know that your relationship is a bonifide relationship, you have to make it look that way to the CO's because they can't see what you know they are only going on the evidence in front of them, and there probably thinking it wasnt enough connection between the both of you (meaning face to face).

[yahya_marie 5]

I am sorry to hear that. don't give up

[E and E 9]

(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.

Thanks

I am sorry to hear that. don't give up

Thanks a lot!

[E and E 9]

I am so sorry. The CO in Haiti can be very tough I went through the same Consulate as you. I read your story and I myself have some concern. I don't believe it's the age difference. I just had my interview back in February and I am 11 years older than he, and they not once questioned our big age gap. The CO probably looked at the facts that (1) you met on social network and only saw each other twice being 7 months apart, (2) You not once met in Haiti instead in the DR... so there probably thinking you haven't even met his family or friends, like it wasn't legitimate etc... if you look at Barbie_Vasquez timeline one of my friends on my page you will see that they denied her fiance for that same reason, for her not meeting her fiance in Haiti instead in the DR, (3) You were not in attendance with your fiance at the interview. It builds a stronger case especially in Haiti when your accompanying your fiance ... I learned that through another visa journey friend of mine mtcmk1 (please read her review) also one of my friends on my page. Example: the day of our interview when some of the papers were returned to us, we got to the hotel and was looking at the things they returned to us. we found a little sticky paper the said the PT is here. My fiance looked at me and said babe did you write this, I said no, and we asked ourself the next question what is PT? thats when we notice it meant the petitioner is here..They actually warns the CO that the petitioner is here with the fiance, and (4) you stated you were married and got divorce basically to a jerk; however the CO asked your fiance did he know you were married TWICE!!! this could be the biggest flag... Question: were you married twice and how long apart were they? because the CO is probably looking at it as this being your possible third marriage,probably looking at the time frame between all of these commitment (possible thinking fraud),etc. Please do not marry to soon, because in Haiti they will probably deny it again. My opinion wait for more information and go from there. First starting with visiting your fiance more often in Haiti, and build a stronger relationship for the eyes of the CO. I know even though you know that your relationship is a bonifide relationship, you have to make it look that way to the CO's because they can't see what you know they are only going on the evidence in front of them, and there probably thinking it wasnt enough connection between the both of you (meaning face to face).

I totally agree with all you said

1. I was planning of going to the interview specially I did apply an I-129F before and I got injured in my job in late february that I am going to therapy right now as you know workman's compensation is very strict.

2. Yes I did not meet him in Haiti and yet his family but I speak to his family regularly including mom, brother, sister and cousins

3. For a bona fide relationship, I provided FB chat is 137 pages, yahoo messenger is 69 pages, Whatsapp is 88 pages, greeting cards, pictures together, calling history and transactions paid on my credit card, proof that we traveled to DR(I flew there from Boston and he flew there from Haiti), passport stamps for both trips (Him and I), hotel reservations on both of our names.

For my previous relationships, my first was legal and we had our son but the second one was the one that I filed for and jet after getting his 2 year green card.

[E and E 9]

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.

Very supportive and God Bless you!

[TazzingOut 3]

Very supportive and God Bless you!

Your more than welcome. Now you only need to know what document ot proof you were missing.

[BarbSami 32]

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.

I am very sorry you all are going through this. I know what you are feeling. My fiance now husband and I was apart over a year. Find out if you can the reason for the denial and go from there. They can give advice but the decision is yours and his. God Bless and Good Luck Barb

[Boiler 45,486]

What nationality was your second husband?

PS Immigration does not care who you marry.

[Natalie y Richard 14]

I am so sorry to hear this I am sure you are very heartsick right now. I pray that God gives you peace and understanding in this situation and reveals HIS plan for you soon. I have a question though what kind of proof did you take with you other than the 2 times you visited him in DR? Did you have emails calls pictures money tranfers gifts etc? Where you planning a wedding here in the states? did you have proof of that?

[JimmyFromSac 0]

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

Nowis the time to get a trusted immigration lawyer.

[catknit 144]

OP - you've received some great advice!

I know firsthand how heartbreaking a denial can be.

A few other pieces of advice that may help out. Look at this more like a speed bump and less like a final decision. You still have options.

Get in touch with the consulate. On very rare occasions, people have been able to reverse a decision or get a 2nd interview [typically the petitioner is required to be at the interview]. This happens very, very rarely and I've never read of it happening in Haiti but, it has happened elsewhere. Time is of the essence, your case will be returned to NVC very quickly.

Get in touch with your congressperson and senators. Each will have immigration liaison who may be able to get you more information about what happened and what's going on with your case. Neither office can change the CO's decision but you may get a little more info.

What happens next - if you don't get the 2nd interview, etc - the case gets returned to NVC where it is dispatched back to the service center that approved it. If it is returned to CSC, you may get a letter stating the petition has expired. If the petition is returned to VSC you may never hear anything, it will be expired but VSC has not sent out letters confirming that. There is also a small chance the petition may be re-adjudicated [it is SOP for the petition to be re-adjudicated however they are typically just expired out]. This could lead to you receiving a NOIR/NOID. The NOIR/NOID will allow you to send addition evidence to the service center to prove your case. If re-affirmed, the case will go back the consulate and you'll be back in the queue for another interview [an even rarer occurrence is getting a re-affirmation without a NOIR/NOID]. You will find cases here where people have waited for a NOIR/NOID on a K1 from their service center and feel they wasted a year or more because no NOIR/NOID or expiration letter ever showed up - just a warning that for many K1 denials, you never hear anything after the fact.

An option for going forward - get married and file for a CR-1 [i-130]. If you do this, you must prove you have overcome whatever it was that caused the denial. If the CO felt the relationship wasn't bonafide, more face to face time and extended time with family may help persuade the next CO into seeing it is a legit relationship. Two perks to the CR-1: if, god forbid, you are denied a second time, you WILL get a NOIR/NOID in a timely manner and you will not need to adjust status in the US [meaning a green card on arrival - he'll be able to work/drive/travel immediately].

Go ahead and use the search feature here and look at more information about K1 denials - then chart your course of action appropriately!

Good Luck!

[wellford 0]

Hey that doesn't seem fair.

Let me get this straight: Even if you get approved, they after the beneficiary

goes through the laborious process of getting the medical done; getting the

police, birth records, pictures, et al., they can still deny her at the

doggone interview?

And I didn't even mention the $240 USD fee I have to pay.

That doesn't seem right to me.

My heart goes out to you, yours.

Edited April 19, 2013 by wellford

[E and E 9]

I am so sorry. The CO in Haiti can be very tough I went through the same Consulate as you. I read your story and I myself have some concern. I don't believe it's the age difference. I just had my interview back in February and I am 11 years older than he, and they not once questioned our big age gap. The CO probably looked at the facts that (1) you met on social network and only saw each other twice being 7 months apart, (2) You not once met in Haiti instead in the DR... so there probably thinking you haven't even met his family or friends, like it wasn't legitimate etc... if you look at Barbie_Vasquez timeline one of my friends on my page you will see that they denied her fiance for that same reason, for her not meeting her fiance in Haiti instead in the DR, (3) You were not in attendance with your fiance at the interview. It builds a stronger case especially in Haiti when your accompanying your fiance ... I learned that through another visa journey friend of mine mtcmk1 (please read her review) also one of my friends on my page. Example: the day of our interview when some of the papers were returned to us, we got to the hotel and was looking at the things they returned to us. we found a little sticky paper the said the PT is here. My fiance looked at me and said babe did you write this, I said no, and we asked ourself the next question what is PT? thats when we notice it meant the petitioner is here..They actually warns the CO that the petitioner is here with the fiance, and (4) you stated you were married and got divorce basically to a jerk; however the CO asked your fiance did he know you were married TWICE!!! this could be the biggest flag... Question: were you married twice and how long apart were they? because the CO is probably looking at it as this being your possible third marriage,probably looking at the time frame between all of these commitment (possible thinking fraud),etc. Please do not marry to soon, because in Haiti they will probably deny it again. My opinion wait for more information and go from there. First starting with visiting your fiance more often in Haiti, and build a stronger relationship for the eyes of the CO. I know eventhough you know that your relationship is a bonifide relationship, you have to make it look that way to the CO's because they can't see what you know they are only going on the evidence in front of them, and there probably thinking it wasnt enough connection between the both of you (meaning face to face).

I wrote to the consulate yesterday and I received an email today stating:

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince

[E and E 9]

OP - you've received some great advice!

I know firsthand how heartbreaking a denial can be.

A few other pieces of advice that may help out. Look at this more like a speed bump and less like a final decision. You still have options.

Get in touch with the consulate. On very rare occasions, people have been able to reverse a decision or get a 2nd interview [typically the petitioner is required to be at the interview]. This happens very, very rarely and I've never read of it happening in Haiti but, it has happened elsewhere. Time is of the essence, your case will be returned to NVC very quickly.

Get in touch with your congressperson and senators. Each will have immigration liaison who may be able to get you more information about what happened and what's going on with your case. Neither office can change the CO's decision but you may get a little more info.

What happens next - if you don't get the 2nd interview, etc - the case gets returned to NVC where it is dispatched back to the service center that approved it. If it is returned to CSC, you may get a letter stating the petition has expired. If the petition is returned to VSC you may never hear anything, it will be expired but VSC has not sent out letters confirming that. There is also a small chance the petition may be re-adjudicated [it is SOP for the petition to be re-adjudicated however they are typically just expired out]. This could lead to you receiving a NOIR/NOID. The NOIR/NOID will allow you to send addition evidence to the service center to prove your case. If re-affirmed, the case will go back the consulate and you'll be back in the queue for another interview [an even rarer occurrence is getting a re-affirmation without a NOIR/NOID]. You will find cases here where people have waited for a NOIR/NOID on a K1 from their service center and feel they wasted a year or more because no NOIR/NOID or expiration letter ever showed up - just a warning that for many K1 denials, you never hear anything after the fact.

An option for going forward - get married and file for a CR-1 [i-130]. If you do this, you must prove you have overcome whatever it was that caused the denial. If the CO felt the relationship wasn't bonafide, more face to face time and extended time with family may help persuade the next CO into seeing it is a legit relationship. Two perks to the CR-1: if, god forbid, you are denied a second time, you WILL get a NOIR/NOID in a timely manner and you will not need to adjust status in the US [meaning a green card on arrival - he'll be able to work/drive/travel immediately].

Go ahead and use the search feature here and look at more information about K1 denials - then chart your course of action appropriately!

Good Luck!

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince

Hey that doesn't seem fair.

Let me get this straight: Even if you get approved, they after the beneficiary

goes through the laborious process of getting the medical done; getting the

police, birth records, pictures, et al., they can still deny her at the

doggone interview?

And I didn't even mention the $240 USD fee I have to pay.

That doesn't seem right to me.

My heart goes out to you, yours.

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince