How can the embassy refuse to listen to USCIS NSC?

[LionessDeon 2,060]

The embassy refused my fiancé for K-1 visa stating he needed a waiver. We filed that waiver in August and received an RFE in February. The RFE states that he is not inadmissible and they just need him to complete another medical. The medical facility refused to let him in today saying that the embassy emailed them and told them not let him do his medical until he gets a waiver approval. So currently the embassy is arguing with USCIS/Nebraska service center insisting that my fiancé needs a waiver.

My lawyer has issued a mandamus. So what happens now? Two different government agencies are arguing back-and-forth meanwhile we're caught in the middle. It's been almost 2 years of working on this K-1 visa. I want to cry!!

Edited March 16, 2016 by LionessDeon

[MyLifeForYou 12]

I have no words of expertise to offer you, but I just want to say that I feel for you and your fiancé and am sending you words of encouragement. You have been so strong and vigilant these past two years - hang in there - my best wishes are with you.

[kris&me 572]

i do not need answers to these questions but the reasons the medical exam may not have been allowed is

Did financee fail drug test recently? If so, there is a waiting period for a new medical.

Did he show signs of TB? If so, fiancee wiill not pass a new medical.

Is financee on list of suspected terriorists? You may find a name similar to his and it could be a mistake . This would be reason for waiver.

USCIS is not in control of granting visa they pass information from application on to NVC and then embassy. The embassy is in charge of granitng visa and they can deny any of us.

Sorry for your situation. Hope you can find out reason for denial and fix the issue.ye

Pray as that does help

[Jawaree 718]

Unfortunate hiccup in the process & unreasonable delay, when these kinds of

mistake or back & forth goes on it can be stressing to straighten out, when Neb.

approves a waiver it sends the info to KY who log it, the consular gets the approval

in their system & beneficiary a letter/text...IF there is a discrepancy the immigration

ppl must sort it out for the visa to be issued.

If they halt the medical then they trying to sort things out, no telling how long & it would

be a monetary waste if a new mediical expires. At this point its no ones fault but the 2

agencies. Mandamus is good and they have 6 mths to sort out.

It will get sorted out so tell dude just hold tight as long as he has not additional issues.

Kingston at times make some errors in their denials, If he dont need a waiver why is Neb

so adamant...just approve it. From day one it seem he should have not required a waiver

Please terrorist does not come from there

USCIS....NVC......DOS......USCIS/DHS......DOS ( DOS have the visa & final say unless over-didden by WDC) DOJ

Edited March 16, 2016 by Jawaree

[LionessDeon 2,060]

I have no words of expertise to offer you, but I just want to say that I feel for you and your fiancé and am sending you words of encouragement. You have been so strong and vigilant these past two years - hang in there - my best wishes are with you.

Thank you for your kind words! It's support line this that has helped so much.

i do not need answers to these questions but the reasons the medical exam may not have been allowed is

Did financee fail drug test recently? If so, there is a waiting period for a new medical.

Did he show signs of TB? If so, fiancee wiill not pass a new medical.

Is financee on list of suspected terriorists? You may find a name similar to his and it could be a mistake . This would be reason for waiver.

USCIS is not in control of granting visa they pass information from application on to NVC and then embassy. The embassy is in charge of granitng visa and they can deny any of us.

Sorry for your situation. Hope you can find out reason for denial and fix the issue.ye

Pray as that does help

He admitted to past use and served his one year ban already.

Thank you!

[LionessDeon 2,060]

Unfortunate hiccup in the process & unreasonable delay, when these kinds of

mistake or back & forth goes on it can be stressing to straighten out, when Neb.

approves a waiver it sends the info to KY who log it, the consular gets the approval

in their system & beneficiary a letter/text...IF there is a discrepancy the immigration

ppl must sort it out for the visa to be issued.

If they halt the medical then they trying to sort things out, no telling how long & it would

be a monetary waste if a new mediical expires. At this point its no ones fault but the 2

agencies. Mandamus is good and they have 6 mths to sort out.

It will get sorted out so tell dude just hold tight as long as he has not additional issues.

Kingston at times make some errors in their denials, If he dont need a waiver why is Neb

so adamant...just approve it. From day one it seem he should have not required a waiver

Please terrorist does not come from there

USCIS....NVC......DOS......USCIS/DHS......DOS ( DOS have the visa & final say unless over-didden by WDC) DOJ

Yes you are so right. Kingston did mess up. He never needed a waiver. All this wasted much time and money.

After leaving Andrews he went to the embassy. They wouldn't let him in but thank God he wouldn't take no for answer and got the guard to take his paperwork inside. After much debate and argument the guard returned with an apology and a letter for his medical.

He went back to Andrews and completed his medical!! Gotta love his perseverance!!! Results will be ready in 2 weeks! Is there finally light at the end of this tunnel?!

Edited March 17, 2016 by LionessDeon

[Jawaree 718]

If Gods with you others against you will falter, congratz to you both & may

your coming together last you both lifetime

[LionessDeon 2,060]

If Gods with you others against you will falter, congratz to you both & may

your coming together last you both lifetime

That is the same thing he said. If it our time no one can stop Jah works! Thank you Jawaree! You've been such a great support and help to us.

[Pinkrlion 2,724]

Tthank God!

[LionessDeon 2,060]

Tthank God!

Yes praise Him! Not sure where we go from here. Once embassy receives medical results I assume they will contact him to bring his passport to them. ?

[LionessDeon 2,060]

Update:

My fiance completed his new medical exam. They agreed to give him the letter as his one year ban is over. Yet

they (Embassy)still insist he needs a waiver also, even though our lawyer continually points out that USICIS has responded that he does not. She sent them a copy of the RFE, but they claim they cannot open the pdf file. My fiance took them a copy of his. Our lawyer thinks we may have a big fight = law suit on our hands if the 2 government parties continue to be at impasse. I just don't understand this at all. How can the empbassy refuse to communicate with USCIS? Our lawyer forwarded all their emails to me. I can plainly see that they are extremely resistant to granting him this visa. While after his medical, I was hopeful we were near the end, it now does not seem that way at all.

Please pray for us and our lawyer that she is able to get these 2 parties to communicate to resolve this.

[Jawaree 718]

Why is Neb. not sending them thee notice no waiver required, did you involve Congress-person too

you should ASAP so they can enquire to what the heck is going on...Your atty can make a ph call to

the consular also...that's so crazyyyyyy yow. ..BUT the embassy issues visa ... what a load of ...It will

work out though

[LionessDeon 2,060]

Why is Neb. not sending them thee notice no waiver required, did you involve Congress-person too

you should ASAP so they can enquire to what the heck is going on...Your atty can make a ph call to

the consular also...that's so crazyyyyyy yow. ..BUT the embassy issues visa ... what a load of ...It will

work out though

You think I should call a congressman now? While our lawyer is doing a great job, I feel like we need all the help we can get.

I have no idea why USCIS won't just plainly state "No waiver needed!" They just keep glossing over it and talking about his one year ban and new medical. Why would USCIS think we needed their help with his one year ban and new medical?? Clearly the waiver is for his charge, the lawyer stated that in her first paragraph of our brief! Meanwhile the Embassy is standing their ground. Our lawyer sent the RFE response today with proof of the new medical and the emails from the embassy insisting on the waiver answer. She pointed out the issue very clearly and asked them (demanded more lol) to communicate with the embassy. She seems to think it may take awhile to sort out.

[Jawaree 718]

Yea don't despair it can cause a delay, but you can contact your congress-person, ask the

atty what she thinks bout that , everyone has to be on the same page...You have to down-

load the approval form on their site and fax it to them after filling out, but the prob is he has to

sign the congress person not you

[LionessDeon 2,060]

Once the USCIS tracker shows our RFE response as received, I will contact the lawyer about involving my congressman. Especially now that he had his new medical done we are on a 6 month time clock to get him here or repeat medical. Everything is so backwards! Story of my life a swear!

Thanks Jawaree!!