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LET'S TALK ABOUT YOUR RED FLAGS

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Filed: K-3 Visa Country: Morocco
Timeline
I thought I'd bring the issue over here so as to separate it from the language thread, which was related to a specific issue. So, as Chiquita posted there, Ellis sees the red flags as:

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

Do you have any of these red flags?

If you've already been past the interview stage, did you have any of these? Were they addressed at the interview? How did you prepare yourselves to address them? What advice would you give to others with the same red flags preparing for their interviews?

ETA: I don't think this list is comprehensive for some of the MENA consulates. What would you add?

I have been kinda snoopin around this thread for a couple of days tryng to decide if I wanted to say anything about what I "think" our red flags may be that affected Abdel's denial. Some of it is too personal....

#1 I knew my husband for quite sometine before we deided to marry. We were just friends prior to an actual decision to "kick it up a notch" and move foreward and pursue a relationship.

#2 I think could be a red flag, if u will, but honestly, I did come here to marry him. I dont have that kinda money to be

"checkin nobody out", so......

#3 his english is great, my arabic is not....

#4 I have my own place....

#5 he has his own gig, I do have some prospects for him when he gets here, but how could they know that?

#6 Phone record are in my brothers name, which both of our names are on the lease, but they never looked at it so I dont even think it mattered............... My brother and I hve been living together for about 7years on and off. He JUST moved out when he thought Abdel would be here to give us privacy..... GO FIGURE!

#7 Neither of us have never been married! WOO-HOO!! No baby mama drama... Im bout sick of that nonesense!

#8 Didn't know we would nee all that for immigration services so documentation starts about 4 months b4 I came to Maroc with my daughter.....

#9 Visites 2wce in 1 year, for the marriage and after the intreview......... If I knew then what I know now..........

#10 see #7

#11 I have never filed a petition on behalf of anyone else.....

I am sure that the list goes on and on and on as to what constitues "red flags". I guess youjust can tell. Like I mentioned earlier, I wish I had known half of the things that I know now. Would it have changd anything? Maybe so, maybe not... who knows?

And just to comment on a few other things I've seen here about the Hubz working or not working, Abdel said he would be "ill" if he didnt have a job. I just giggle at how he uses the word 'ill', but anyway... to each his own. He does have 2 sisters in the US, never mentioned in the interview. They send money here every month, well their husbands do. I am not doing that. I don't do it now. Once Abdel gets to the USA and starts working, its our household first, and thats it. Not cuz I say so but because we say so. He is the last of the mohicans to be at home. He made sure that his brothers and sisters were settled enough in their own lives before he pursued his own happiness.. ME! :luv: He's the last to be married, other than his 22 yearsold sister that now has a god job in the Emirates, the last one at home, we are also dying to have a baby, also his dream as he put it to me the other day, is that now he wants his own life, and his own wife. :lol:

He wont take money from me. So I dont send it but I would. Yes it does me good to know that my brother in laws in the USA send $ here. I guess their wives insist or something. Neither of my sis in laws work, so I dont know about that one. Take care of me here and them there. Abdel can do it if he choses. But doesnt it say somewhere that the wife comes first?Im not selfish, its not like if they called and said there was some emergency or something, I'd still be like NO!, thats different.

Limah (L)(F)

Limah

even if you did not tell about his sisters being in the states it still could have been an issue. i am not sure but the same thing has happened to Other couples. they did not tell either but the info came out later.

you know the saying...damed if you do (would you have been denied if you brought up the sisters?) damed if you dont (same thing..dont tell about the sisters). this could POSSIBLY be your situation. just guessing thats all.

bottom line though is you have the number 1 regualtion on your side>>>>

CODE OF FEDERAL REGULATIONS 103.2(B)(16)

098bdb652297eb8af8222ef77903ebf5.gif

.png

Married in 04

"Being happy doesn't mean everything is perfect. It means you've decided to see beyond the imperfections."

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Filed: K-3 Visa Country: Morocco
Timeline

OH shoot Limah, i made a booboo.

i sent the post by mistake and i didnt finsh it.

i was posting the CFR that is the first one you can use in your case.

this is the link>>>

http://a257.g.akamaitech.net/7/257/2422/14...3/8cfr103.2.htm

it says>>>

(16) Inspection of evidence. An applicant or petitioner shall be

permitted to inspect the record of proceeding which constitutes the

basis for the decision, except as provided in the following paragraphs.

(i) Derogatory information unknown to petitioner or applicant. If

the decision will be adverse to the applicant or petitioner and is based

on derogatory information considered by the Service and of which the

applicant or petitioner is unaware, he/she shall be advised of this fact

and offered an opportunity to rebut the information and present

information in his/her own behalf before the decision is rendered,

except as provided in paragraphs (B)(16)(ii), (iii), and (iv) of this

section. Any explanation, rebuttal, or information presented by or in

behalf of the applicant or petitioner shall be included in the record of

proceeding.

[[Page 92]]

(ii) Determination of statutory eligibility. A determination of

statutory eligibility shall be based only on information contained in

the record of proceeding which is disclosed to the applicant or

petitioner, except as provided in paragraph (B)(16)(iv) of this section.

(iii) Discretionary determination. Where an application may be

granted or denied in the exercise of discretion, the decision to

exercise discretion favorably or unfavorably may be based in whole or in

part on classified information not contained in the record and not made

available to the applicant, provided the regional commissioner has

determined that such information is relevant and is classified under

Executive Order No. 12356 (47 FR 14874; April 6, 1982) as requiring

protection from unauthorized disclosure in the interest of national

security.

(iv) Classified information. An applicant or petitioner shall not be

provided any information contained in the record or outside the record

which is classified under Executive Order No. 12356 (47 FR 14874; April

6, 1982) as requiring protection from unauthorized disclosure in the

interest of national security, unless the classifying authority has

agreed in writing to such disclosure. Whenever he/she believes he/she

can do so consistently with safeguarding both the information and its

source, the regional commissioner should direct that the applicant or

petitioner be given notice of the general nature of the information and

an opportunity to offer opposing evidence. The regional commissioner's

authorization to use such classified information shall be made a part of

the record. A decision based in whole or in part on such classified

information shall state that the information is material to the

decision.

i hope this helps you Limah and all the others who were never told WHY their case was returned to USCIS.

chi

098bdb652297eb8af8222ef77903ebf5.gif

.png

Married in 04

"Being happy doesn't mean everything is perfect. It means you've decided to see beyond the imperfections."

chiqa.jpg

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Filed: Citizen (pnd) Country: Algeria
Timeline
:lol: sooooo funny! Even thou my husband and I speak common language sometimes we still use the hand gestures ... and i use them all the times with the family. Who of course, with my luck...speak no french or german or english :lol: True love is when you do anything for that person. So I applaud you sister for taking the classes! Bravo! :thumbs:

We use them on words which require some sort of "finer" understanding of direction usually.. like one day he told me to be "at ease" and go ahead and "spread my legs." Now we were in the livingroom with his whole family, and of course I started to crack up! I used handmotions later that night to show him the difference between "stretch" and "spread" indicating "spread" in most uses indicates a side-to-side motion (spreading butter, legs, whatever heehee!)

:lol: :lol:

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
I thought I'd bring the issue over here so as to separate it from the language thread, which was related to a specific issue. So, as Chiquita posted there, Ellis sees the red flags as:

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

Do you have any of these red flags?

If you've already been past the interview stage, did you have any of these? Were they addressed at the interview? How did you prepare yourselves to address them? What advice would you give to others with the same red flags preparing for their interviews?

ETA: I don't think this list is comprehensive for some of the MENA consulates. What would you add?

I have been kinda snoopin around this thread for a couple of days tryng to decide if I wanted to say anything about what I "think" our red flags may be that affected Abdel's denial. Some of it is too personal....

#1 I knew my husband for quite sometine before we deided to marry. We were just friends prior to an actual decision to "kick it up a notch" and move foreward and pursue a relationship.

#2 I think could be a red flag, if u will, but honestly, I did come here to marry him. I dont have that kinda money to be

"checkin nobody out", so......

#3 his english is great, my arabic is not....

#4 I have my own place....

#5 he has his own gig, I do have some prospects for him when he gets here, but how could they know that?

#6 Phone record are in my brothers name, which both of our names are on the lease, but they never looked at it so I dont even think it mattered............... My brother and I hve been living together for about 7years on and off. He JUST moved out when he thought Abdel would be here to give us privacy..... GO FIGURE!

#7 Neither of us have never been married! WOO-HOO!! No baby mama drama... Im bout sick of that nonesense!

#8 Didn't know we would nee all that for immigration services so documentation starts about 4 months b4 I came to Maroc with my daughter.....

#9 Visites 2wce in 1 year, for the marriage and after the intreview......... If I knew then what I know now..........

#10 see #7

#11 I have never filed a petition on behalf of anyone else.....

I am sure that the list goes on and on and on as to what constitues "red flags". I guess youjust can tell. Like I mentioned earlier, I wish I had known half of the things that I know now. Would it have changd anything? Maybe so, maybe not... who knows?

And just to comment on a few other things I've seen here about the Hubz working or not working, Abdel said he would be "ill" if he didnt have a job. I just giggle at how he uses the word 'ill', but anyway... to each his own. He does have 2 sisters in the US, never mentioned in the interview. They send money here every month, well their husbands do. I am not doing that. I don't do it now. Once Abdel gets to the USA and starts working, its our household first, and thats it. Not cuz I say so but because we say so. He is the last of the mohicans to be at home. He made sure that his brothers and sisters were settled enough in their own lives before he pursued his own happiness.. ME! :luv: He's the last to be married, other than his 22 yearsold sister that now has a god job in the Emirates, the last one at home, we are also dying to have a baby, also his dream as he put it to me the other day, is that now he wants his own life, and his own wife. :lol:

He wont take money from me. So I dont send it but I would. Yes it does me good to know that my brother in laws in the USA send $ here. I guess their wives insist or something. Neither of my sis in laws work, so I dont know about that one. Take care of me here and them there. Abdel can do it if he choses. But doesnt it say somewhere that the wife comes first?Im not selfish, its not like if they called and said there was some emergency or something, I'd still be like NO!, thats different.

Limah (L)(F)

Limah

even if you did not tell about his sisters being in the states it still could have been an issue. i am not sure but the same thing has happened to Other couples. they did not tell either but the info came out later.

you know the saying...damed if you do (would you have been denied if you brought up the sisters?) damed if you dont (same thing..dont tell about the sisters). this could POSSIBLY be your situation. just guessing thats all.

bottom line though is you have the number 1 regualtion on your side>>>>

CODE OF FEDERAL REGULATIONS 103.2(B)(16)

The truth is......... I DID mention his sisters in the original application I sent. They still never mentioned his sisters, never asked about them, or their husbands or children at the interview. NOTHING.... So that is something that had me confused. It doesnt really bother me at this point, as I'll probably never know. So we were still damned...... :wacko: I am just trying to stay focused on the phase we are in now.

I was reading in another thread that I saved to my favorites.. :whistle: , something else that may be an issue for some couples is whether u had an actual wedding party with the friends and family. I dont know if it was mentioned here or not, but........ We had a really nice wedding party, henna party and all. The Adouls came in, I dont remember if it was the same day or the next and we signed the marriage certificate.

Limah (L)(F)

Pray with me Forrest! Dear God, make me a bird so I can fly far. Far, far away from here..... Dear God, make me a bird so I can fly far. Far, far away from here!

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

apparently one reason i learned can be as simple as saying BECAUSE SHE IS AMERICAN

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

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Filed: Citizen (apr) Country: Egypt
Timeline

We have a big old #9...we'll probably get an RFE on it. I told them I was financially unable to go to Egypt because of college/low-paying-job/debt and I can prove that, but do you think they would accept it? We dated for like a year before he left the states but then didn't see each other for 5 1/2 years at all, and now I can prove that I had jobs that paid next to nothing with a rather large student loan debt, not to mention I actually had to leave college because I couldn't afford it. We're both very worried about the huge gap.

Oh well, if they deny us I'll just go to Egypt, it doesn't matter where we live as long as we are together.

Divorced. To hell with him.

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Filed: Lift. Cond. (apr) Country: Egypt
Timeline

USCIS does not care if you do not have money to go visit. They do not care if your SO does not have the money to arrange a visit to you or to another country in which the two of you can meet. Nope, they are not buying the ' not enough finances ' issue. Sorry, but that's just the way they roll. (F)

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

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Filed: Citizen (apr) Country: Jordan
Timeline

My trips were as follows:

Trips: June 21-July 29, 2005:

September 28-October 8, 2005:

November 18-27, 2005:

May 15-July 3, 2006:

January 2-14, 2007:

I am sure this isn't enough and will count as being absent very often. I have the same deal-- grad student, poor, etc. What I did is take my credit card and my 2 others and max them the heck out, to over $20k. Then I've been managing to replace it ever-so-slowly with student loans (lower interest rate.) But with phone calls and not actually making the money to pay for stuff every month, it makes it difficult and slow.

Edited by julianna

None of my posts have ever been helpful. Be forewarned.

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My trips were as follows:

Trips: June 21-July 29, 2005:

September 28-October 8, 2005:

November 18-27, 2005:

May 15-July 3, 2006:

January 2-14, 2007:

I am sure this isn't enough and will count as being absent very often. I have the same deal-- grad student, poor, etc. What I did is take my credit card and my 2 others and max them the heck out, to over $20k. Then I've been managing to replace it ever-so-slowly with student loans (lower interest rate.) But with phone calls and not actually making the money to pay for stuff every month, it makes it difficult and slow.

I do not think those qualify as large gaps of time in the mind of USCIS or DOS.

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

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Filed: Citizen (apr) Country: Jordan
Timeline

Really? You're kidding! Really? LOL! I figured that was a red flag of mine. Once we realized 6 months was pretty easy, we tried to stick to that-- also the long summer trips are during my excavations... although we had our own apartment the second time :) The cluster int eh front is: first meeting/first excavation/working together; engagement; marriage; then it just plods on from there.

None of my posts have ever been helpful. Be forewarned.

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Really? You're kidding! Really? LOL! I figured that was a red flag of mine. Once we realized 6 months was pretty easy, we tried to stick to that-- also the long summer trips are during my excavations... although we had our own apartment the second time :) The cluster int eh front is: first meeting/first excavation/working together; engagement; marriage; then it just plods on from there.

I know it feels like large gaps of time for you! I would think yearly visits are acceptable especially if the couple has mulitple visits over a period of time. 6-7 months apart is often for most Americans with their work schedules. I wouldn't worry esp since you do have many visits over a longer period of time. Maye someone else will chime in here and agree?

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

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Filed: Citizen (apr) Country: Jordan
Timeline

That's the thing-- I have been blessed with an understanding employer who gives me leaves of absenses.. but most people only get like 2 weeks a year! So I wasn't sure.

None of my posts have ever been helpful. Be forewarned.

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