I am so pissed

[doc_cute 0]

I am just so pissed right now. My visa, was denied under section 221 (G). I remember someone telling me it was an actual refusal but yeah.

Our case started all the way from june of last year. Our K1 Visa petition was approved on sept. 9 2006. Took them 3 damn month to schedule the interview on the 12th of december. I didn't get my visa because according to them, there was insufficient funds. Even though their own official website stated the fund I had was all right. Then I submitted all the modified information with more funds, including of course a joint sponsor. That was fine. I was so happy that I knew I was going to get my visa.

HECK NO!! They wanted to see more proof of our relationship. I was so pissed but put that aside and then ask mandi to send over all the proof we ever had. They wanted specifically to see 20 engagement guests, well we didn't really have an engagement party it was more of a family get together and we celebrated our engagement on that day. They wanted to see vendor lists, which again I didn't have. They wanted to see postmarked cards and actual letters. I mean c'mon, we are in the day of the internet. I submitted all phone bills relating to skype and how she used to call me on skype from an actual number. Emails were submitted. I spammed them with photographs. I send them documentation showing that we had bought an engagement ring. Showed them documentation proof that we went to places together. I submitted all that and maybe more.

TODAY!!!! It has not been approved. According to the sheet, the consular officer was not convinced of our relationship and has therefore sent it back to the NVC. They didn't say they needed more documents. They cannot revalidate the case. NOW WHAT DO I DO?

I want to appeal this ruling or whatever they chose. I also want to sue the New Delhi Embassy in INdia for being utterly stupid. Everything f**kin thing they wanted, they got. Everything!! Now they're trying to screw with us and sending it back to the NVC.

Guys, I'm sorry if this post is offensive to you but I am just so pissed right that I ready to freakin kill all those damn consular officers. I need to know how to appeal this. Also I want to know how/when I can sue them, the US government I guess. I will be taking the aid of a lawyer this time.

Ryan

P.S. You can also have a look at our timeline and see as well.

yeah i know its so pissing and bad after so long wait

you know go with a lawyer now

dont worry

n tk care ..

[Ryan+Mandi 0]

MENA forums? Where's that. If that's in these forums I'll search for them. If all else fails yes I think mandi will have to come to India and we get married though that's not how we want it. I'll try to contact the members you guys mentioned.

[Melyssa 0]

They wanted specifically to see 20 engagement guests, well we didn't really have an engagement party it was more of a family get together and we celebrated our engagement on that day.

20 ENGAGEMENT GUESTS? WHOA.

They wanted to see vendor lists, which again I didn't have. They wanted to see postmarked cards and actual letters. I mean c'mon, we are in the day of the internet. I submitted all phone bills relating to skype and how she used to call me on skype from an actual number. Emails were submitted. I spammed them with photographs. I send them documentation showing that we had bought an engagement ring. Showed them documentation proof that we went to places together. I submitted all that and maybe more.

Wow.

[Ryan+Mandi 0]

Yeah tell me about it. Why would they get so specific with the requirements on this I don't know. I'm not even sure if there is a next step without a lawyer/congressman/senator assistance in this. Oh and get this, not only did they want to get 20 engagement guests at least, they wanted their addresses, phone/fax, etc.

[Melyssa 0]

Yeah tell me about it. Why would they get so specific with the requirements on this I don't know. I'm not even sure if there is a next step without a lawyer/congressman/senator assistance in this. Oh and get this, not only did they want to get 20 engagement guests at least, they wanted their addresses, phone/fax, etc.

That sounds ridiculous to me. I'd be in trouble if they want that from me, my fiancé didn't want an engagement party or anything, we just agreed that it was time to get married and that's it!

[Melyssa 0]

Yeah tell me about it. Why would they get so specific with the requirements on this I don't know. I'm not even sure if there is a next step without a lawyer/congressman/senator assistance in this. Oh and get this, not only did they want to get 20 engagement guests at least, they wanted their addresses, phone/fax, etc.

That sounds ridiculous to me. I'd be in trouble if they want that from me, my fiancé and I didn't want an engagement party or anything, we just agreed that it was time to get married and that's it!

[Ryan+Mandi 0]

Yeah tell me about it. Why would they get so specific with the requirements on this I don't know. I'm not even sure if there is a next step without a lawyer/congressman/senator assistance in this. Oh and get this, not only did they want to get 20 engagement guests at least, they wanted their addresses, phone/fax, etc.

That sounds ridiculous to me. I'd be in trouble if they want that from me, my fiancé didn't want an engagement party or anything, we just agreed that it was time to get married and that's it!

Same here. I didn't have that either. Mandi and I just wanted a small family gathering to save on money anyway. I sent them a letter stating why I didn't have that, I guess they did not take that into consideration.

[ellis-island 6]

1. Where is your case? Are you sure it has been sent back to NVC?

Maybe. But that seems like a quick turnaround. Congressional liaison staff can be very helpful in finding out exactly where a case is.

2. Income issues: Since the K-1 uses the I-134, consulates have more discretion to require more income than the 125% of the poverty level that is specified for immigrant visas. At some consulates, a well-put together job offer can be helpful in overcoming that problem. At other consulates, a properly documented co-sponsor is sufficient.

To be on the safe side, a job offer should have:

A. Offer of employment specifying salary, starting date, and whether the job is full-time or part-time, on letterhead (if the biz has letterhead).

(1). If a training period is required, the letter should specify whether the beneficiary will be paid during that training period.

B. Copy of the business license (if there is a business license.)

C. 1 year certified tax transcripts from the IRS for the business.

D. Proof that the person offering the job is in legal immigration status.

I've seen consulates accept less documentation with job offers. But I always advise my clients to get A,B,C,D, if they possibly can.

3. Assuming the petition was returned, a lot depends on which USCIS Service Center you filed it with. If it's California, you may just get an expiration letter, stating that you can reapply with an IMBRA waiver. Nebraska & Vermont may give you an opportunity to counter the consulate's findings with evidence.

If you file a new K-1 petition, you will need an IMBRA waiver, according to current USCIS interpretation.

4. If the case is still in AR, you may still have a chance to overcome it by submitting more evidence. (See #1 above - use your congressional rep to find out exactly where the case is.)

5. How many trips have you made there? A lot of interviews occur before petitioners have made subsequent visits. Sometime another visit, with accompanying documentary evidence is the only thing a petitioner will need to overcome the refusal.

Everything depends on where your case is.

Marriage?

I think it is unnecessary and unwise to withdraw a K-1 petition that has been returned, in order to marry the beneficiary. There has been a 212(a)(6)© misrepresentation marker placed in the database file of visa applicants whose petitions have been returned. Withdrawing that petition could trigger auto-revocation provisions of 8 CFR 205.2 (as they apply to 8 CFR 214.2, (the fiancee visa section).

That's all very complicated. But once you find out exactly where your case is - it's easier to figure out what to do.

[rebeccajo 14]

ellis-island -

If you have time, click on Souljah and his fiancee (Mandi) member names to read their past posts, which may give you a picture of their case and their relationship.

[Ta Ta 1]

We all appreciate your help and advice ellis-island, you are a valueable member

in the VJ family !

[Ryan+Mandi 0]

Thanks for the very informative post ellis.

1. Where is your case? Are you sure it has been sent back to NVC?

Well I just received the packet today stating they are going to send it back to the NVC. I'm not sure where it is but Mandi has contacted her congresswoman, Joanne emerson I think her name is. They sent her a privacy form to fill out and copies of info that we sent it and other stuff.

Our service center was nebraska but for some reason at the time they had sent it to california to be reviewed.

What do you mean by AR?

I'm the beneficiary but Mandi, the petitioner, has made only 1 visit here. Frankly speaking she didn't have a lot of funds at the time to make another visit. We documented our visit quite a lot.

I'll add some more info here once she finds out where our case is.

Also, confirm this to me but she spoke to a lawyer, and he gave some advice. One of the advice he gave is that he said if nothing works out in this case, then to go to India and stay for 3 months at least, because it's mandatory and it's guaranteed that I would get to go back with Mandi. Now I'm not sure how that exactly works, that might be DCF [Direct Consular Filing] but I'm not sure.

[A Wang 0]

Good luck, man... I'm sort of in a similar position and it's frustrating to have to deal with this...

Edited March 7, 2007 by A Wang

[almaty 19]

What do you mean by AR?

administrative review

[ELW 5]

Oh Ryan, I share your rant! How totally unfair Delhi was! It’s ridiculous! Your pictures are sooo cute and we can really tell how much in love you are. Very happy that you are acting on all the great advice given here, I wish you great luck in getting the visa approved ASAP. Please keep us informed!

[lostinblue 1,989]

Here is some links and look at reply by lee fisher and warpboard

http://candleforlove.com/forums/index.php?...cation&st=0

http://www.ilw.com/articles/2006,0323-ellis.shtm

From what I am reading if you let it get back to the united states

http://candleforlove.com/forums/index.php?...ation&st=45

http://candleforlove.com/forums/index.php?...7604entry177604

http://candleforlove.com/forums/index.php?...4749entry224749