Visa Denial

[paisita411 0]

My husband and I had a second interview at the US Embassy in Bogota, Colombia on Friday (1st time for me) and we were denied because the CO felt we had conflicting answers to her questions. She suggested that we file for an appeal. ´Heres the story briefly

We met Online in January 2006 and fell in love very quickly. I had a trip already planned to Medellin in June 2006 and Oscar and I met in person the day I arrived. We had already discussed marriage and were deciding between the possible visa options including K1 or K3. Once I was in Colombia we decided to go forward with a civil ceremony and begin the Visa process and plan our church wedding for the following July (07). I came home and began doing both. The only thing we did not have were pictures of together during my trip in 06 because my camera lens broke (i dropped the camera) the 1st week I arrived and honestly we were doing soooo much that I never thought about ever needing pictures.

For the interview we printed out 2-3 emails per month since we met, call records from skype and tel-3, my plane tickets, reciepts from different events we attended together in June, and pictures from our civil wedding ceremony that included pics with my family and children.

At the first interview, Oscar was asked for more pictures. He was also asked about our 10 year age difference. And then the CO asked if he would mind her scheduling me for an interview. He was given 221g and we requested a new interview date.

I traveled to Colombia 3 weeks later for the first available interview and we went together with more evidence including all of the email we had ever sent each other, quotes for our wedding reception in june (dated in October 06), more call records, proof of health insurance through my employer for both of us, life insurance beneficiary forms where he is a beneficiary, a letter from my mother affirming that she has met him and is aware of our marriage, an add-on form from my gym where I added him in December during a family add on special....

We were separated and asked many questions about how we met, the wedding, how and why we decided to marry. The CO insisted on asking me WHY I had decided to marry someone I had met only 6 mos earlier online. I explained, she asked if I didnt have any reservations or hesitation that I was doing the right thing....I told her yes, a little, but I´m in love and very sure of this relationship. We were asked everything from shoe size to family information. Our answers conincided in everything except maybe 2-3 questions. Nothing I would think that crucial. She asked for more pictures, I explained again why we didn´t have any and she denied our visa.

Íf anyone has experience with the appeal process, please let me know how things went for you. ANY ADVISE is apprecieated.

We have hired an attorney at this point, but your input is invaluable to me.

Oscar and I are both Colombians, born in the same city, we have sooo many things in common and a bond that is unbeliveably strong. Even my two children adore him, something that I thought would be a major obstacle. I´ve never been happier in my life and I love my country (USA), but for the first time feel so much resentment for a system I´ve always strongly defended as the best in the world.We are heartbroken at this turn of events and can´t understand where things went sooo wrong.

Thank you everyone that has supported me through this....you´re the best!

[Bill y Bella 0]

I am so sorry to hear this news. I have no experience with appeals but I think you are on the right track by hiring an attorney.

It seems to me that perhaps the CO does not approve of your marriage and she set out to find enough conflicting answers to justify a denial. It occurs to me that if you put ANY couple in separate rooms and ask them 50 questions you are guaranteed to find some conflicting answers.

Could you tell us the questions where you had conflicting answers? If you prefer not to say I understand.

I know you are hurting right now, but keep the faith. Based on what you described it seems to me that the CO stepped beyond her authority and you will ultimately prevail.

Best of luck and keep us posted.

[florida-photo 0]

Very sorry to hear about the denial. It sounds like you had a lot of evidence, except for the photos. I think the process is very arbitrary. Many times it just depends on who you get to do the interview. One person with much less evidence may get approved and another with more evidence may be denied depending on how the official is feeling that day, etc. The photos are mainly to prove that you have met in person. But if you were able to overcome that with other evidence it seems like they should understand the reason you gave about your camera. The answer you gave to question you were asked about having reservations was honest, but probably not what they were looking for. Not criticizing at all, just giving advice for when you might have another interview in the near future. I would say you have no reservations whatsoever.

I guess the combination of no photos, relatively short courtship, and some differing answers when separated created enough doubt in the interviewer's mind to issue the denial. I wonder if you can try to correct some of these issues and ask to go forward with the CR1 process later this year. Or does the denial not allow that? I guess these are questions for a lawyer. Good luck with everything.

Mark

[misa 2]

Was the trip in June 06 the first and only time you spent together in person aside from the 2nd interview? If so, that would raise a doubt in their minds as to the validity of the relationship. Most K1 people from what I've seen have also had a hard time with only 1 visit in person as well.

[ready4ONE 5,400]

All consulates are different. We had just one all too brief visit, but documentation of online contact going back to 2004, and we were approved.

I sincerely hope that you two can get this application turned around, and this decision over turned. Good luck!

[Yadira's Man 0]

I am sorry about you all's denial. The day we went which was the day before you all's interview. The US Embassy was denying people right and left. Having no pictures was not a good thing. They ask us for pictures and how many times I have been in Colombia to see her. Of course, they seem to know how many times I have been in Colombia. I hope you all get a lawyer that can help you all but becareful with lawyers.

[KathyB 0]

Dre, I am truly sorry! I wish I had some advice to give you, but I would do exactly as you are doing. And I wish for you and Oskar to be together soon!

KathyB

[Mike and Adriana 0]

Hi Dre:

I was so sorry to read your post. I was really shocked. I thought the interview with you would result in a slam dunk. I wish I could figure out what seems to be the sticking point. I have known my wife for a much shorter period and we got married after only 4 months. Obviously, the age seems to be an issue to them - kind of a double-standard if you ask me. The only other possibility, as another poster mentioned above, might be the number of times you were together in Colombia. I met my wife in May and saw her twice in July (including a one week vacation with her daughter), once in August, Once in September, once in October (for our wedding reception), and then once about every three weeks until her interview in January.

If you did not travel to Colombia much, perhaps you can document this for your attorney....job responsibilities, children, funds, etc. Believe me, if I had children and had a less flexible job, there is no way I could have travelled to Colombia as much as I did.

Keep the faith and keep in touch. I'll keep my fingers crossed for you.

Mike

[dougyceci 0]

I am truly sorry for your result. Hopefully something can be done on appeal. The system does seem to be arbitrary and so subjective. I wish I could offer you some advice but cannot. Makes me wonder about my interview now. I only knew my wife for a short time before we married, did spend most of the summer with her and 17 days over the Christmas break. We too have an age difference. Seems the pictures are such a big deal and I too wonder about that one comment. Show no doubt I guess. Again very sorry to hear all this. Is very disturbing. Keep us informed as to your progress and for our support. Good luck.

Doug

[Looking4Wife 0]

Andrea:

I am so shocked, sorry, and hearbroken for both of you over this turn of events. As others have said, the process is apparently arbitrary and subjective because you are totally at the mercy of the person conducting the interview.

You said "We were denied because the CO felt we had conflicting answers to her questions". Did she tell you specifically which questions/answers didn't add up? If not, can you contact the embassy to find out? That's where I would start, because how can you appeal if you don't know what you're appealing?

It seems it would almost have been easier if they had asked you for "more evidence" of your relationship. Then you could simply get more documentation or whatever they requested.

I've heard of people being denied on VJ, and then coming back the next day to the embassy and being accepted. I think usually in those cases, it is a request for more info or an opportunity to allow the people to make a stronger case. Just in case you haven't already, maybe you can find some of those posts and contact those posters.

You mentioned the 10-year age difference, and another poster mentioned the term "double standard". Does that mean that you are older than Oskar by 10 years? If that's the case, maybe the lady CO was jealous or something? Who knows...?

One immigration attorney that visits Colombia routinely, and posts information / advice on discussion boards for men looking for foreign (especially Colombian) wives is Gary Bala. It might not hurt to get a 2nd (or 3rd) opinion during a free consultation. He is fairly accessible by phone and email. His website is www.GaryBala.com which contains a lot of information.

Buena Suerte y Dios te Bendiga

[Mike and Adriana 0]

I second this suggestion. Gary Bala, from what I can tell, knows his stuff.

Mike

One immigration attorney that visits Colombia routinely, and posts information / advice on discussion boards for men looking for foreign (especially Colombian) wives is Gary Bala. It might not hurt to get a 2nd (or 3rd) opinion during a free consultation. He is fairly accessible by phone and email. His website is www.GaryBala.com which contains a lot of information.

Buena Suerte y Dios te Bendiga

[paisita411 0]

Thank you for all of your well wishes and suggestions. I will definitely talk to Gary Bala today. I have spoken to several attorneys and they feel that I just ran into bad luck with this lady. Like some of you mentioned, other VJrs go and don't have to show any proof. Well, we spent the last 4 days taking pictures of everything, so for now I have that obstacle overcome. Of 20 or so questions we only conflicted on 2-3. And of course, she was adamant that we giver an exact date for the first time he said I love you! It was crazy stuff like that she wasn't satisfied with. Anyway. Its been a hard day with everyone calling to see how things went and most of all realizing that there is still no certaintly to when Oscar will be with me here. I can't even fathom a final refusal. I have two small children that I can't leave and I can't take with me to Colombia. I'll post the questions awe were asked a little later. Thank you again to everyone for your input.

[CountryBoy 0]

we were denied because the CO felt we had conflicting answers to her questions. She suggested that we file for an appeal.

From what I understand, conflicting answers is not a good thing .. depending on the questions that were asked.

The only thing we did not have were pictures of together during my trip in 06 because my camera lens broke

This along with the above does raise some questions as to your actual visit to meet in person.

For the interview we printed out 2-3 emails per month since we met, call records from skype and tel-3, my plane tickets, reciepts from different events we attended together in June, and pictures from our civil wedding ceremony that included pics with my family and children.

About this evidence ..

Plane tickets are ok, but you definately need the itenerary and boarding passes to show that you was actually on the plane.

Unless your names are printed on the receipts to events attended, those receipts would be useless as far as proof of being together goes .. the pictures along with the wedding certificate would think be fairly strong evidence that you met in person for one day at least.

At the first interview, Oscar was asked for more pictures.

This may be the root of the issue, you didn't have more pictures to present so you couldn't fulfill the request for specific evidence.

Our answers conincided in everything except maybe 2-3 questions. Nothing I would think that crucial. She asked for more pictures, I explained again why we didn´t have any and she denied our visa.

Hmmm .. what those questions were .. who knows.

Pictures, pretty concrete evidence and she insisted on seeing more pictures at the first interview. Maybe you could have taken a few snapshots before the interview. Hind sight is 20/20

We have hired an attorney at this point, but your input is invaluable to me.

Thank you everyone that has supported me through this....you´re the best!

An attorney is a very good idea, and you are right about the folks here being the best ..

[coco's daddy 0]

I had my K-1 interview in Nov 06 in Montreal. My wife, then fiancee is 12 yrs older than me. I had taken lots of evidence, including pics to the interview....the CO didn't even ask to see any of it.

I had my AOS D.O.R.A interview in Jan 07. Again nobody asked to see any pix.

So, I don't necessarily think that u did anything wrong..hopefully true love will prevail

Edited February 22, 2007 by coco's daddy

[Mike and Adriana 0]

I think this is a good example of country differences. There are a LOT of Colombians trying to come to the U.S. - tourist visas are almost impossible to get unless you have connections, a lot of money, or family here. That said, I suspect the embassy in Bogota is much more concerned about visa fraud than the embassy in Canada.

But I have faith that Dre will prevail eventually. I imagine the CO is just trying to do her job. Sometimes there red flags and instincts lead to bad decisions.

Mike

I had my K-1 interview in Nov 06 in Montreal. My wife, then fiancee is 12 yrs older than me. I had taken lots of evidence, including pics to the interview....the CO didn't even ask to see any of it.

I had my AOS D.O.R.A interview in Jan 07. Again nobody asked to see any pix.

So, I don't necessarily think that u did anything wrong..hopefully true love will prevail