Administrative Processing

[Crazy Cat 42,033]

54 minutes ago, sarahandyunus said:

Please explain how a 73 year old woman met a 20 year old guy in the first place..what was the context and how did you describe it in your application..?

He said "i had a job at call center and this is how we met." 

This guy's whole case seems to be a GIANT red flag. 

 

[Springrain22 427]

1 minute ago, missileman said:

He said "i had a job at call center and this is how we met." 

This guy's whole case seems to be a GIANT red flag. 

 

I would not call it "reg flag", it would call it giant fraud.

[Ontarkie 14,375]

~~A number of posts removed and some for quoting. Stick to answering the question or do not post.~~

 

[Elsalove2016 34]

21 hours ago, Cookie378 said:

What if my wife come to Pakistan and walk in to the u.s consulate and talk to Visa Officer about my visa will that help?

If You have proof of the relationship and you have a clean criminal record I believe they can't refuse you that easy , as an American citizen is her right to be able to sponsor her fiancé or husband . When they keep your passport doesn't really mean positive sign . My fiancé had his interview about 2 months ago and they kept his passport and now we got the refusal letter on our email but his refusal was due to a criminal record . I'm guessing they want to review your case more just have your fiancé email the embassy and see what they say to her is better for her to show more interest in this case than for the beneficiary . One thing I don't understand is that why uscis aproves all these cases and makes the benificary go through all these things like medical exams and all for the interview to then have them refused . This whole process is very stressing . Anyways good luck to you ! 

[Jojo92122 1,924]

21 hours ago, Cookie378 said:

How long do i have to wait for their decision. Or if if it gets denied can we go the court as it is age discrimination? 

You can go to court, but you will not win.  

 

http://www.latimes.com/nation/la-na-supreme-court-immigrant-husband-national-security-20150615-story.html

[Jojo92122 1,924]

13 minutes ago, Elsalove2016 said:

If You have proof of the relationship and you have a clean criminal record I believe they can't refuse you that easy , as an American citizen is her right to be able to sponsor her fiancé or husband . When they keep your passport doesn't really mean positive sign . My fiancé had his interview about 2 months ago and they kept his passport and now we got the refusal letter on our email but his refusal was due to a criminal record . I'm guessing they want to review your case more just have your fiancé email the embassy and see what they say to her is better for her to show more interest in this case than for the beneficiary . One thing I don't understand is that why uscis aproves all these cases and makes the benificary go through all these things like medical exams and all for the interview to then have them refused . This whole process is very stressing . Anyways good luck to you ! 

The USC has a right to sponsor a fiancee or husband.  The foreign spouse does not have a right to a visa.  A visa is granted at the discretion of the US government.  The US Supreme Court said so.

 

http://www.latimes.com/nation/la-na-supreme-court-immigrant-husband-national-security-20150615-story.html

 

There are lots of red flags in this case.  

 

USCIS makes a prima facie (preliminary) determination of eligibility to apply for a visa.  That's it.  The adjudication for a visa happens at the interview.   Would you rather that the US deny these cases at the I-130 or I-129f stage without a chance for an interview?  You want a worse system?

Edited May 25, 2017 by Jojo92122

[geowrian 22,338]

17 minutes ago, Elsalove2016 said:

If You have proof of the relationship and you have a clean criminal record I believe they can't refuse you that easy , as an American citizen is her right to be able to sponsor her fiancé or husband . When they keep your passport doesn't really mean positive sign . My fiancé had his interview about 2 months ago and they kept his passport and now we got the refusal letter on our email but his refusal was due to a criminal record . I'm guessing they want to review your case more just have your fiancé email the embassy and see what they say to her is better for her to show more interest in this case than for the beneficiary . One thing I don't understand is that why uscis aproves all these cases and makes the benificary go through all these things like medical exams and all for the interview to then have them refused . This whole process is very stressing . Anyways good luck to you ! 

1. A CO has complete discretion to make the determination if the relationship is bona fide. Their decisions are also subject to consular nonreviewability. It is easy for them to refuse a visa...a non-resident outside the US has almost no rights (and one who was never issued a visa has no rights except basic human rights).
2. A USC does have the right to petition for a relative, but they have no right to have that petition approved or a visa issued. Immigration is a privilege, not a right.

USCIS doesn't approve visas. They only approve the petitions, which are primarily jurisdictional in nature to ensure certain requirements are met. They do NOT look at any relationship evidence or even the visa requirements. They only look that the requirements for the petition are met, allowing somebody to apply for a visa.

 

I also kind of wish they only asked for certain  documents after the discretionary aspects were complete, but that's just not the process. The CO needs to look at all the evidence to determine eligibility for the visa...medical results are one of the things  they need to know first.

Edited May 25, 2017 by geowrian

[Elsalove2016 34]

56 minutes ago, geowrian said:

1. A CO has complete discretion to make the determination if the relationship is bona fide. Their decisions are also subject to consular nonreviewability. It is easy for them to refuse a visa...a non-resident outside the US has almost no rights (and one who was never issued a visa has no rights except basic human rights).
2. A USC does have the right to petition for a relative, but they have no right to have that petition approved or a visa issued. Immigration is a privilege, not a right.

USCIS doesn't approve visas. They only approve the petitions, which are primarily jurisdictional in nature to ensure certain requirements are met. They do NOT look at any relationship evidence or even the visa requirements. They only look that the requirements for the petition are met, allowing somebody to apply for a visa.

 

I also kind of wish they only asked for certain  documents after the discretionary aspects were complete, but that's just not the process. The CO needs to look at all the evidence to determine eligibility for the visa...medical results are one of the things  they need to know first.

 

57 minutes ago, geowrian said:

1. A CO has complete discretion to make the determination if the relationship is bona fide. Their decisions are also subject to consular nonreviewability. It is easy for them to refuse a visa...a non-resident outside the US has almost no rights (and one who was never issued a visa has no rights except basic human rights).
2. A USC does have the right to petition for a relative, but they have no right to have that petition approved or a visa issued. Immigration is a privilege, not a right.

USCIS doesn't approve visas. They only approve the petitions, which are primarily jurisdictional in nature to ensure certain requirements are met. They do NOT look at any relationship evidence or even the visa requirements. They only look that the requirements for the petition are met, allowing somebody to apply for a visa.

 

I also kind of wish they only asked for certain  documents after the discretionary aspects were complete, but that's just not the process. The CO needs to look at all the evidence to determine eligibility for the visa...medical results are one of the things  they need to know first.

I understand they need to see the person and have a interview ask then ask questions and a mandatory medical exam , but certain things as age difference , gaps between the last time the couple has seen each other or how much money does the petitionary makes in order to support the fiancé or husband , those are things that should be catched by uscis . 

[Elsalove2016 34]

59 minutes ago, Sparrow said:

If you have red flags then they will refused like they did refused my case three days ago we have age gap that's the main reason they refused case and send back to national visa center or uscis for their final review 

I think that when they send the case back national visa center means that they didn't believe that the relationship was real and they will just let the application expire . 

[geowrian 22,338]

11 minutes ago, Elsalove2016 said:

I understand they need to see the person and have a interview ask then ask questions and a mandatory medical exam , but certain things as age difference , gaps between the last time the couple has seen each other or how much money does the petitionary makes in order to support the fiancé or husband , those are things that should be catched by uscis . 

Age, religious, etc. differences are not ineligibilities for a visa. The same goes for how much face time they have, support given, etc. There are people who are 30 years apart in age who have been approved. There are other who are 20 years apart that have been rejected. A red flag is not a cause for denial by itself. It's something to overcome with sufficient evidence of a bona fide relationship...as determined by interviewing the applicant.

[Elsalove2016 34]

1 hour ago, geowrian said:

Age, religious, etc. differences are not ineligibilities for a visa. The same goes for how much face time they have, support given, etc. There are people who are 30 years apart in age who have been approved. There are other who are 20 years apart that have been rejected. A red flag is not a cause for denial by itself. It's something to overcome with sufficient evidence of a bona fide relationship...as determined by interviewing the applicant.

Makes sense , the council officers are also trained to determine a fake or real relationship . 

[Ontarkie 14,375]

~~Hijacked posts plus the replies have been removed to a total of 22 posts. Member suspended.~~

[Dark Matter 5]

On 5/24/2017 at 1:05 PM, Cookie378 said:

Yes my wife said if the embassy deny my visa she will  sell everything and move to Pakistan.

You should consider that in my opinion.Because it's not just the age difference or religion. They'll also take into consideration the fact that your wife is likely retired, which will make it hard for her to financially support you. Also, her health history will matter i.e., if she has any illness or condition which requires long-term care. Does she have any family, such as children or grandchildren? Do they know? How do they feel about your relationship?