Visa Denial

[paisita411 0]

Hindsight is 20/20. There were many mistakes that we made. Mostly because this is a real loving relationship and we were confident in that that we didn't imagine we needed anything else. The questions we missed were:

what is the best gift she gave you? He said: 2 Deuchmarks from WWII, I said, a Lacost sweater.

how many days did she stay after the wedding: I said 2, he said 4-6, not sure.

does she have sisters....I made no mention of my half sisters (I only met them on that same trip), he mentioned meeting one of them (he went with me) I have four brothers that are my mother's children.

Today I wish I had traveled sooner to Bogota, taken all the pictures we have now and given them to her that day.

We should have reviewed all of the interview quesitons available and been clear on dates.

I know the situation in Colombia and how dificult it is to obtain a visa. As an USC I appreciate her doing her job and following her gut in order to prevent fraud. I can't fault her for that. It was up to us to prove that this is a loving relationship and we failed to do that. I can be a little cold when discussing facts and especially when I feel like I'm being interogated (which I was) and I forgot to tell her how I really feel about this man. How happy he makes me, the special things he does for me from so far away, his constant contact with me, we don't wake up or go to sleep without talking to each other daily and then we talk almost 5 times during the day, how much my children love him, how he makes me laugh, the hours we spend on camera nightly...I could go on and on! But I didn't when it counted most.

I have my appointment with the lawyer in 30 min... I'll let you know how it goes.

[paisita411 0]

As always, I want to start by thanking everyone that took the time to post a reply and for all the well wishes. I'm going to continue with these updates so that anyone that comes behind me in a similar predicament can follow my 'journey' and others can prepare themselves in order to prevent this from happening to them.

Here are some more answers to your questions:

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

I took plenty of proof of the visit including my plane tickets, boarding passes, itinerary, pictures of my children in his apartment and in his grandparent's finca, the problem was we weren't in the pictures together. I also took a notarized letter from my mother with her itinerary stating that she was with me during the trip, met Oscar, spent time with him and was aware of our plans. Many people aren't asked for ANY pictures or proof, even in Colombia. And the law states that you have to meet in person at least once for the K1 and obviously we met 'at least once' the day of our wedding ceremony. And why, if this was fraud, would I have taken my young children, my family? We have tons of wedding pictures with my kids and they are happy as hell, my son was dressed in a tux, there were 4 or 5 pics of us kissing passionately. She just chose to ignore them.

And YES in hindsight, I should have traveled to Bogota a few days prior to the interview and taken all the pics possible for the interview. In hindsight, I made several mistakes including being overconfident and not reviewing the questions on this forum, not reviewing dates and events, and in general, not making a strong case for how I FEEL about Oscar.

OK......Now I'll get to my conversation with the attorney. First let me say that she is a partner in Siskind Susser, one of the country's TOP immigration law firms and has an excellent portal for immigration information www.visalaw.com. She's also a member of the American Immigration Lawyers Association and concentrates exclusively on Family and Employment based immigration. I also felt an excellent vibe and she knows her stuff!

Step 1: The 'denial' by the CO in Bogota is a recommendation she will send to Washington and USCIS will likely side with her opinion. Once they receive the case, they will generate a letter to me called "Intent to Revoke" for the 129F (K3) Petition. I will have 30 days in which to respond and provide additional evidence and explanations for my case. They will review this information and make a decision on my case in Washington. If it is approved, they will return the case file to Bogota with instructions to the Consulate to issue the visa without further interviewing.

The attorney reviewed my documentation and was very adamant that I had OVERWHELMING documentation of our relationship and that even WITHOUT pictures it is clear that this is a valid marriage. She also reviewed the questions and answers from both interviews (including Oscar's first interview. We each wrote a detailed version of the interviews) and was very concerned by the line of questioning. She simply stated that they 'bordered' on inappropriate, very subjective and clearly prejudicial. She said she would leave that alone for now, but that the line of questioning made for a good case for an appeal should we ever need that, but she doesn't think it will go that far. I'm to wait for the "Intent to Revoke" letter and she will handle the process from there.

Step 2: We have an APPROVED I-130 petition that has not been acted upon yet. She instructed me to initiate the process for the I-130 today. If for some reason the I-130 beats out the "Intent to Revoke" letter, we will get another interview at the consulate and have the opportunity to take all of our evidence with us again, including the photos and a better concept of the process. She says that the denial of the K3 has no effect at that point because its a different process and the I-130 is approved. That legally they are required to interview us and base their decision on the evidence provided. Again, she is confident that we have a preponderance of evidence.

She told me that she has handled cases, in other countries with 20 years age differences (woman to man) and has faced similar issues and has had to step in to ensure her client was being given fair treatment. She is convinced that the age difference is the root of the problem and of course the fact that Colombia has such a high rate of fraud.

By the way, i spoke with Gary Bala and he gave me lots of good information but isn't interested in my case...he likes the easy ones I think, that way he always comes out a winner! Thank you Looking4Wife. It was worth the call.

Well, I feel very relieved and my journey continues. I'll see some of you on the IR-1/CR-1 Colombia Club thread for a while and I'll keep this thread updated as things occur. I will now need some guideance on the IR-1/CR-1 process...but I'll post that request there...

Thank you all...You're the best!

[Mike and Adriana 0]

Hi Dre:

Sorry this has become such an ordeal. You and Oskar don't deserve this...but I remain confident that everything will work out fine. See comments below.

The attorney reviewed my documentation and was very adamant that I had OVERWHELMING documentation of our relationship and that even WITHOUT pictures it is clear that this is a valid marriage. She also reviewed the questions and answers from both interviews (including Oscar's first interview. We each wrote a detailed version of the interviews) and was very concerned by the line of questioning. She simply stated that they 'bordered' on inappropriate, very subjective and clearly prejudicial. She said she would leave that alone for now, but that the line of questioning made for a good case for an appeal should we ever need that, but she doesn't think it will go that far. I'm to wait for the "Intent to Revoke" letter and she will handle the process from there.

RESPONSE: I get chills just reading some of the responses from the lawyer - typical. I'm not a fan of lawyers...but in this case you have no choice. I agree that there seems to be an overemphasis by the embassy in Bogota on pictures...have seen this repeated by a lot of differrent folks. I guess that's just part of their SOP, even if unwritten.

Step 2: We have an APPROVED I-130 petition that has not been acted upon yet. She instructed me to initiate the process for the I-130 today. If for some reason the I-130 beats out the "Intent to Revoke" letter, we will get another interview at the consulate and have the opportunity to take all of our evidence with us again, including the photos and a better concept of the process. She says that the denial of the K3 has no effect at that point because its a different process and the I-130 is approved. That legally they are required to interview us and base their decision on the evidence provided. Again, she is confident that we have a preponderance of evidence.

RESPONSE: Interesting. I sure hope the I-130 doesn't beat the letter...as that will mean a LOT of time (and another interview with the same embassy). On the other hand, if you do go the I-130 process, Oskar will end up with a superior visa and you won't have to worry about AOS, etc.

She told me that she has handled cases, in other countries with 20 years age differences (woman to man) and has faced similar issues and has had to step in to ensure her client was being given fair treatment. She is convinced that the age difference is the root of the problem and of course the fact that Colombia has such a high rate of fraud.

RESPONSE: I guess we amateurs on the board already nailed this one. Maybe we should all go to law school.

By the way, i spoke with Gary Bala and he gave me lots of good information but isn't interested in my case...he likes the easy ones I think, that way he always comes out a winner! Thank you Looking4Wife. It was worth the call.

RESPONSE: Interesting. I do not know Gary, but I have ready many posts by him on another board and he has always been good about offering a lot of free (and good) advice. He seeme to know his stuff. That said, it doesn't matter because you have an attorney now.

Good luck to you, Dre.

PS - I read a post the other day from Bala indicating that changes are coming in the visa process soon. The biggest changes are that the fees for visa petitions, AOS, EAD are likely to increase significantly. I understand that the proposal also includes the elimination of the requirement of an I-130 in order to file an I-129F. I'll try to find the info again and post it here.

Mike

[florida-photo 0]

Thanks for the update. It sounds pretty encouraging. As I mentioned in my original reply to your situation I thought it might be possible to go forward with the CR-1. You will now have some time to address the issues brought up during the interview. I agree with your lawyer that some of the questioning at the embassy is often ridiculous. Shoe size?? You got to be kidding me! Absolutely unbelievable. I have never known the shoe size of anyone during my past relationships. I guess I need to find out now. I change which side of the bed I sleep on - guess I better pick a side to appease these people. I think the question should go more towards substantive relationship issues, such as: Have you discussed having children? Have you discussed what you will be doing after you arrive in the U.S. (school/work)? Objective evidence of trips, etc.

Good luck and keep us updated.

Mark

[paisita411 0]

Florida Photo...thanks for a good laugh! I CAN LAUGH NOW!!!! I've never know anyone's shoe size either! And you did mention the IR1 option but I guess with the attorny reassuring me about it I felt more confident. One thing I can say to everyone is that we VJers are very well prepared and organized in our documents. She was very impressed by all of my paperwork.. and I owe it ALL to VJ. Funny thing about the realtionship questions is that she did ask both of the questions you posed, and we answered them the same. She was just hell bent on the denial.

Mike: I think the K3 denial will likely beat the CR1 process, but they may end up at the embassy about the same time and if they do, than Oscar can immigrate with his Residency in hand and won't have to sit arround waiting on AOS. Looking at it this way, it makes sense to jump on it now.

I've got all the docs ready plus a check for $200!!! I'm fed-exing everything today!!!

Wish me luck.

Dre

[Mononoke28 135]

Florida Photo...thanks for a good laugh! I CAN LAUGH NOW!!!! I've never know anyone's shoe size either! And you did mention the IR1 option but I guess with the attorny reassuring me about it I felt more confident. One thing I can say to everyone is that we VJers are very well prepared and organized in our documents. She was very impressed by all of my paperwork.. and I owe it ALL to VJ. Funny thing about the realtionship questions is that she did ask both of the questions you posed, and we answered them the same. She was just hell bent on the denial.

Mike: I think the K3 denial will likely beat the CR1 process, but they may end up at the embassy about the same time and if they do, than Oscar can immigrate with his Residency in hand and won't have to sit arround waiting on AOS. Looking at it this way, it makes sense to jump on it now.

I've got all the docs ready plus a check for $200!!! I'm fed-exing everything today!!!

Wish me luck.

Dre

Oh Andrea I feel so bad about your situation. I've been reading your case since I became a member to VJ because it's so similar to mine and when I read you guys were denied I felt a punch in my stomach. I know I've only started the process to bring my husband over and followed all the helpful instructions you've left for us beginners regarding the K-3 process. Never in a million years did I think that you were going to be denied, but then again the Colombian embassy has a reputation of denying a ton of people every day. I really wish you and your husband all the best and hope that he can get here sooner than expected.

Good luck with everything!

Diana

[KathyB 0]

Good luck Dre! And really you are amazing. With all the other things you are dealing with right now, you are still thinking about all of us still waiting and how you could you use your situation to help someone else!

Fortunately, I do know Francisco's shoe size, because he's got giant feet by Colombian standards and has to get his shoes from the US. So I hope we get that question... However, I better brush up on his hat size.

[Labanah_y_Iyan 0]

Hey sis! I see that you live here in Atlanta. I do too. I have a bit of advice for you. Check with the Latin American Assc. Their website is LAA.org. They may be able to offer you lawyers and detailed help for free. Check with them. I hope this helps. Stay up...

[Labanah_y_Iyan 0]

Hey sis! I see that you live here in Atlanta. I do too. I have a bit of advice for you. Check with the Latin American Assc. Their website is LAA.org. They may be able to offer you lawyers and detailed help for free. Check with them. I hope this helps. Stay up...

Opps! The website is www.latinamericanassoc.org

Sorry 'bout that...

[Looking4Wife 0]

(oops, sorry, moved to respond in appropriate place)

Edited February 24, 2007 by Looking4Wife

[Looking4Wife 0]

Andrea:

Sounds like you're in good hands with your attorney! Looks like she reinforced what we all concluded, that your CO was inclined to deny you despite your overwhelming evidence.

As "florida-photo" pointed out, the shoe size thing was ridiculous. In fact, I was surprised last month that I needed to start buying shoes a 1/2 size larger... I didn't even know my own shoe size, so I sure don't know my wife's! Maybe your CO has some kind of weird shoe fetish and needs some professional help because it's interfering with her job!

Kind of surprised that Gary Bala bowed out on you like that... but its definitely better for YOU that he was honest with you and didn't try to get you signed up if his heart really wasn't going to be in your case. Many attorneys take any case that comes across their desk, just to get the cash, even though they have no intentions of putting much effort into it.

Thanks for sharing your story... I'm sure its therapeutic for you to some extent, but we all are learning from your experience to try to "expect the unexpected" at these visa interviews. Now my wife and I are going to have to study and quiz each other on exactly how many days I stayed in Colombia on each trip I went down... maybe also study shoe sizes and other (unmentionable?) garment sizes... sheesh!

Again, sorry for your K-3 Visa denial, but we definitely welcome you with open arms to the CR-1/IR-1 Columbia Club!

Andrea:

Sounds like you're in good hands with your attorney! Looks like she reinforced what we all concluded, that your CO was inclined to deny you despite your overwhelming evidence.

As "florida-photo" pointed out, the shoe size thing was ridiculous. In fact, I was surprised last month that I needed to start buying shoes a 1/2 size larger... I didn't even know my own shoe size, so I sure don't know my wife's! Maybe your CO has some kind of weird shoe fetish and needs some professional help because it's interfering with her job!

Kind of surprised that Gary Bala bowed out on you like that... but its definitely better for YOU that he was honest with you and didn't try to get you signed up if his heart really wasn't going to be in your case. Many attorneys take any case that comes across their desk, just to get the cash, even though they have no intentions of putting much effort into it.

Thanks for sharing your story... I'm sure its therapeutic for you to some extent, but we all are learning from your experience to try to "expect the unexpected" at these visa interviews. Now my wife and I are going to have to study and quiz each other on exactly how many days I stayed in Colombia on each trip I went down... maybe also study shoe sizes and other (unmentionable?) garment sizes... sheesh!

Again, sorry for your K-3 Visa denial, but we definitely welcome you with open arms to the CR-1/IR-1 Columbia Club!

[paisita411 0]

I will post the QUESTIONS ONLY that we were asked at the interview. I'm sure most of you won't be asked any of that, but YES YES YES, it's better to be prepared. And going over the specifics of your time together seems to be very important. I think its unrealistic to ask for specific dates, but making sure your answers are presented in a firm and convincing manner is a good idea. Since most of you will only have your spouse interviewed, just make sure that he or she is certain about answers so they don't go in (like me) saying, hmmmm, I'm not sure, maybe around....bla bla bla... My heartache could have been prevented with a little good ole fashioned preparedness.... Ad a fomer girls scoute...I'm ashamed of myself.

By the way, ditto on the Gary Bala situation. I only want someone representing me that BELIEVES whole heatedly in MY CASE and will give it their complete attention. I REALLY appreciate Gary's honesty and of all the attorney's advice, his was the MOST earnest and beneficial. He knows his stuff and played a good devil's advocate. Thank you for recommending him to me. It was well worth the time to talk to him.

Edited February 24, 2007 by OskaryAndrea

[olafgypsy 0]

OskaryAndrea, I just read the entire Colombia Club thread and this thread, and I just have to say: wow. Your positive attitude, informed proactiveness, and faith just blow me away. It sounds like you have done the right thing and this process will resolve itself well soon. It just sucks that you and your loved one have to wait even LONGER to be together

One thing that I've gotten out of reading your story, and something you said, is that you feel you should have been more vocal about your love for your husband. Thus far, (and you can see I'm very early in the process) I had been approaching this in a very business-like manner: filed my I-129F as though it were a legal brief. It seems, however, that at the consular level they want lovey-dovey stuff! Well, if that's what they want, then that's what they're going to get. I am now planning to GO to Bogota and be at the interview with my fiance, and to make very clear that I am in love with this man. Which won't be hard to do.

Anyway, I just want to say I'm sorry for how frustrating this process has been for you, wish you luck, and say I'll be sending you good vibes every day. Thanks so much for posting your story.

[jediknight 0]

OskaryAndrea, I've been posting in the CR-1 forum and just read your story, I'm so sorry that both of you have to go through this. I'm glad that you sought out legal advice and I hope it serves you both well. take care and hang in there.

JK

[Ryan+Mandi 0]

I am also going through the same process as you are, and I'm sorry to hear this. Our petition according to the embassy is being returned back and yes we are taking the advice of a lawyer if the congressperson cannot do it. One of the best options is act on it ASAP. Spam them with evidence.