denied visa now trying to appeal

[Ian H. 207]

There are plenty of first cousins who are able to prove that their relationship is legit for immigration purposes, if that is your case. Usually, first cousin relationships are looked at more closely, if the relationship is farther like second, third or fourth cousins, not so much.

If you aren't related, it can be proven with documentation and/or blood tests that you're not related. And if you are, you just have to prove your relationship is not for immigration purposes.

If your visa was denied simply because they think your relationship isn't real, get married and file an I-130 and go back with more evidence and details about your relationship.

Our K1 visa was denied because they thought our relationship was a sham, we got married and applied again as CR1. We consulted a lawyer, and he informed us that it wasn't necessary to do anything about the K1 petition since it wouldn't affect the I-130. Our I-130 was approved in 6 months and the interview about 6 months later, only because it took us a while to get all the paperwork and fees sent in. I actually received a letter about the K1 petition expiring months after my wife entered as an LPR.

They even accused my wife of "misrepresentation of a material fact" and something about false documents, when the stupid CO didn't even care to look at any of her docs. She simply denied the visa based on the fact that I wasn't present at the interview. I know that the DR is a high fraud country, but not even looking at the evidence then refusing the visa is just unfair.

I know how frustrated you must be, we were too. But we just looked at it with a different perspective. She just wasn't meant to travel at that time, that's usually how we see things. So your best course of action right now is to resolve the reason for your denial.

If they believe you are related, make sure you go with proof that you're not. I would bring copies of your BC's and your parents BC's if necessary to prove their is no relationship. They should ask for a blood test if they doubt the documentation. Also, if they think your relationship is a sham, that's not a dealbreaker, K visas seem harder to get in the DR. If you get married, make sure that you have sufficient evidence of your relationship as well as be prepared to truthfully answer all questions the CO would ask you separately.

I'm not sure if everyone is different, but when we went for the spouse interview, they just asked a bunch of questions, which we answered truthfully and accurately. The CO asked me the same thing in like 10 different ways until I got upset and asked why is he asking me the same thing over and over. They separated us, and asked the same questions, we answered them and were approved. He didn't look at most of our stuff, only some pics and my visa stamps.

I'm sure that if you both go prepared and with plenty of evidence you should be fine. As mentioned before, you have the burden of proof, and it's your responsibility to convince them of your relationship. Good luck!

[acabrera7186 10]

we aren't related in anyway possible if a DNA is what they want that is what they will get and right now to start another process and wait another extra 8 months to a year just because the CO believed that we are related is ridiculous he never asked for any proof once or ever just the pictures we answered the questions the same

[Melanie04 5]

we aren't related in anyway possible if a DNA is what they want that is what they will get and right now to start another process and wait another extra 8 months to a year just because the CO believed that we are related is ridiculous he never asked for any proof once or ever just the pictures we answered the questions the same

Hi @cabrera7186 that's what happen to us, we when to the interview and it was a black lady in window #20 and she interview us and she have a kind of aggressive maner asking question to my boysfriend back and forward up and down after 15 minutes she say have sit she will call us again ,then they interview us separate after that she call us again and Hand out a white piece of paper saying that the visa been refuse under section 221g and that the case will be send it back to uscis for reaffirm we been waiting since march and til now I receive and email saying that they have the case ,because we are planning to get married next month and apply for i130 but now I don't know what to do

[Ian H. 207]

I have a feeling that's the same CO that denied us the first time.

[acabrera7186 10]

Hi @cabrera7186 that's what happen to us, we when to the interview and it was a black lady in window #20 and she interview us and she have a kind of aggressive maner asking question to my boysfriend back and forward up and down after 15 minutes she say have sit she will call us again ,then they interview us separate after that she call us again and Hand out a white piece of paper saying that the visa been refuse under section 221g and that the case will be send it back to uscis for reaffirm we been waiting since march and til now I receive and email saying that they have the case ,because we are planning to get married next month and apply for i130 but now I don't know what to do

thats more then 90 days like they said it takes 60 to 90 days to send back to uscis i am going to contact my congressman or senator for this case because i am fighting this one there is no way im letting them get away with this just because they assume we were related that is just some bullshit on there part i want to get married but to start another process just because they dont believe it thats crazy

I have a feeling that's the same CO that denied us the first time.

you applied as a k1 visa the first time was it a guy or women

[janet&adonis 57]

There are plenty of first cousins who are able to prove that their relationship is legit for immigration purposes, if that is your case. Usually, first cousin relationships are looked at more closely, if the relationship is farther like second, third or fourth cousins, not so much.

If you aren't related, it can be proven with documentation and/or blood tests that you're not related. And if you are, you just have to prove your relationship is not for immigration purposes.

If your visa was denied simply because they think your relationship isn't real, get married and file an I-130 and go back with more evidence and details about your relationship.

Our K1 visa was denied because they thought our relationship was a sham, we got married and applied again as CR1. We consulted a lawyer, and he informed us that it wasn't necessary to do anything about the K1 petition since it wouldn't affect the I-130. Our I-130 was approved in 6 months and the interview about 6 months later, only because it took us a while to get all the paperwork and fees sent in. I actually received a letter about the K1 petition expiring months after my wife entered as an LPR.

They even accused my wife of "misrepresentation of a material fact" and something about false documents, when the stupid CO didn't even care to look at any of her docs. She simply denied the visa based on the fact that I wasn't present at the interview. I know that the DR is a high fraud country, but not even looking at the evidence then refusing the visa is just unfair.

I know how frustrated you must be, we were too. But we just looked at it with a different perspective. She just wasn't meant to travel at that time, that's usually how we see things. So your best course of action right now is to resolve the reason for your denial.

If they believe you are related, make sure you go with proof that you're not. I would bring copies of your BC's and your parents BC's if necessary to prove their is no relationship. They should ask for a blood test if they doubt the documentation. Also, if they think your relationship is a sham, that's not a dealbreaker, K visas seem harder to get in the DR. If you get married, make sure that you have sufficient evidence of your relationship as well as be prepared to truthfully answer all questions the CO would ask you separately.

I'm not sure if everyone is different, but when we went for the spouse interview, they just asked a bunch of questions, which we answered truthfully and accurately. The CO asked me the same thing in like 10 different ways until I got upset and asked why is he asking me the same thing over and over. They separated us, and asked the same questions, we answered them and were approved. He didn't look at most of our stuff, only some pics and my visa stamps.

I'm sure that if you both go prepared and with plenty of evidence you should be fine. As mentioned before, you have the burden of proof, and it's your responsibility to convince them of your relationship. Good luck!

How long did you wait after your denial to get married and apply for cr1?

[Harpa Timsah 13,258]

What made them think you are related, OP?

[acabrera7186 10]

What made them think you are related, OP?

how should i know everything was good and clear in all my paperwork they didn't ask for any proof only pictures

[Harpa Timsah 13,258]

how should i know everything was good and clear in all my paperwork they didn't ask for any proof only pictures

You can't think of a single thing that would lead them to believe you were related?

[Boiler 45,520]

I would be going ####### and asking.

[acabrera7186 10]

I would be going ####### and asking.

oo i am i emailed and asked them for the notes the CO wrote on my paperwork and still waiting for the response i told them i have the right to know according to FOIA Freedom Of Information Act

[Ebunoluwa 6,136]

oo i am i emailed and asked them for the notes the CO wrote on my paperwork and still waiting for the response i told them i have the right to know according to FOIA Freedom Of Information Act

FOIA is not something explained in emails. A FOIA is filed and submitted. Forms are found online.

You won't get CO notes in an email. File a FOIA so will know what went wrong for your next filing.

An attorney AND a senator may get an answer if they inquire on your behalf. Long shot.

Why did he not question the CO the minute she said that to him ?

Edited August 30, 2014 by Ebunoluwa

[Boiler 45,520]

Can you do a FOIA?

[acabrera7186 10]

FOIA is not something explained in emails. A FOIA is filed and submitted. Forms are found online.

You won't get CO notes in an email. File a FOIA so will know what went wrong for your next filing.

An attorney AND a senator may get an answer if they inquire on your behalf. Long shot.

yes i know FOIA is written and submitted and my senator is already looking at my case

[Ebunoluwa 6,136]

http://www.uscis.gov/sites/default/files/USCIS/About%20Us/FOIA/uscisfoiarequestguide%2810%29.pdf

http://www.uscis.gov/g-639

yes i know FOIA is written and submitted and my senator is already looking at my case

Ok, you did not mention that.