New Article on Consular Denials

[ellis-island 6]

For those who are interested, "Immigration Daily" has just published an article of mine about consular denials of K-1 visas and an interesting process of more or less "automated" findings of misrepresentation. It is here.

I've written it from a more or less neutral perspective. "Just the facts, M'aam."

It will change the way a lot of lawyers & petitioners file I-130 & I-129F petitions.

I've known some of this stuff for a long time. But there is other information in the article

I've only just learned.

Edited March 23, 2006 by ellis-island

[LaL 418]

Thanks so much Ellis - much apreciated.

[denali_1963 0]

Yes very informitive imformation. thanks

[MaryandMian 1]

Thank you for the link. The article was very interesting reading.

[Jasman0717 9]

Thanks for the link. I haven't seen you post for awhile, welcome back (if you were gone!)

[diadromous mermaid 36]

For those who are interested, "Immigration Daily" has just published an article of mine about consular denials of K-1 visas and an interesting process of more or less "automated" findings of misrepresentation. It is here.

I've written it from a more or less neutral perspective. "Just the facts, M'aam."

It will change the way a lot of lawyers & petitioners file I-130 & I-129F petitions.

I've known some of this stuff for a long time. But there is other information in the article

I've only just learned.

Very interesting dynamics. You noted some of the potential red flags that could result in a returned petition would be..

Quoting from your article http://www.ilw.com/articles/2006,0323-ellis.shtm

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.

Some of the above are addressed in the questions on the petition, but some are not exactly answers to the petition questions. So, if there is a potential red flag, and you recommend apprising DHS of it in the petition, are you recommending that this information become part of the narrativce of a cover letter?

Edited March 23, 2006 by diadromous mermaid

[KarenCee 3]

Just out of curiosity...it mentions "Long gaps of time between the petitioner & beneficiary being together in person"....what is considered as long gaps of time? Most of us can't be together every weekend or every month.

[denali_1963 0]

I hit about 3 of those red flags. We didn't have a long courtship and i just got divorced in september. But my marraige i just got out of lasted 22 years so hopefully maybe that will help i don't know.

[Sinergy 3]

Yea I hit 2 of the red flags, I havent seen my fiance in a year and 2 months and that was because when I left in Feb of 05 i was 6 months pregnant and now i dont want to take my son on a plane so young, and my divorse wasnt final until 4 months BEFORE filing the petition, tho it was the SEVENTH time i filed for the divorse in 10 years, i hope they take that into thought as I wrote it in a letter.

Edited March 23, 2006 by Ionescu

[Aymerlu 3]

For those who are interested, "Immigration Daily" has just published an article of mine about consular denials of K-1 visas and an interesting process of more or less "automated" findings of misrepresentation. It is here.

I've written it from a more or less neutral perspective. "Just the facts, M'aam."

It will change the way a lot of lawyers & petitioners file I-130 & I-129F petitions.

I've known some of this stuff for a long time. But there is other information in the article

I've only just learned.

Very interesting dynamics. You noted some of the potential red flags that could result in a returned petition would be..

Quoting from your article http://www.ilw.com/articles/2006,0323-ellis.shtm

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.

Some of the above are addressed in the questions on the petition, but some are not exactly answers to the petition questions. So, if there is a potential red flag, and you recommend apprising DHS of it in the petition, are you recommending that this information become part of the narrativce of a cover letter?

DANG......#7 has me freaking out. I was separated for many years, met my fiance online, then filed for divorce after having to borrow the money for an attorney. My divorce was actually finalized when I was in Egypt last July. Hope that don't cause a problem!

[ellis-island 6]

What I have listed, I have seen on NOIR & NOID letters sent by DHS to petitioners.

These letters normally quote the consular return memo.

I have also seen some of these on the letters that USCGHCMC mails to petitioners.

To my knowledge, USCGHCMC is the only consulate that actually mails the petitioner

a letter explaining the reasons for the denied K-1. IMHO, more consulates should be

following that example.

In my experience, these are not normally stand-alone reasons used to justify denials.

But they're definitely red flags that cause consular officers to look deeper into a case.

And I have definitely seen these reasons used in NOID & NOIR letters sent by DHS.

Consular officers in this forum are probably in a better position to comment on that.

The important part of the article is the part that describes the misrepresentation trap

that exists for visa applicants. It's my opinion that DOS doesn't need to go that far.

There is an element of "willfulness" that DOS needs to look at, before making a finding

of "misrepresentation". I don't think they're giving "willfulness" the careful consideration

it deserves.

But I'm just a lawyer. I don't make policy decisions. DOS needs to look at that though.

Edited March 23, 2006 by ellis-island

[tenika 0]

I have a question for you if you dont mind

My concern from you article is no evidence of relationship before engagement

Here is the situation me and my fiance are both holiness Born-again Christian. I met my fiance in October 05, He goes to the same church I go, its just his is located in Jamaica. In other words we dont belive in the typical boyfriend.girlfriend type stuff. When someone approaches someone they are interested in, it is with the intention that they are interested in marrying and would like a chance to get to know you more and pray about it to see if a marriage is possible. Also the court-ship to marriage is not long. Normally around 6 months. So when me and my fiance met at a church event in Jamaica, of course we both new it was interest in marriage, and then we would build a non-sexual relationship and see if we are compatable. IN OTHER WORDS...THERE was never a real Drop on one knee and propose kindah thing.

Do u think I can run into a problem?

[Kajikit 65]

That list is things that MIGHT cause a problem... not that necessarily WILL cause a problem. I only spent two weeks with my fiance after we were engaged and we never lived together - he asked me to marry him before we'd ever set eyes on each other.

I'd say that you don't need to panic about this... but if your relationship contains any of the 'red flag' situations you need to be ready to counter them with extra evidence.

[ellis-island 6]

That list is things that MIGHT cause a problem... not that necessarily WILL cause a problem. I only spent two weeks with my fiance after we were engaged and we never lived together - he asked me to marry him before we'd ever set eyes on each other.

I'd say that you don't need to panic about this... but if your relationship contains any of the 'red flag' situations you need to be ready to counter them with extra evidence.

That's correct. It leads to two important questions.

WHEN & WHERE do you counter those red flags with evidence...or at least with explanations?

The best time & place to do that is when you file the petition with DHS.

If you read Practice Tip #1 in that article, you'll know why.

[Jenn! 918]

That list is things that MIGHT cause a problem... not that necessarily WILL cause a problem. I only spent two weeks with my fiance after we were engaged and we never lived together - he asked me to marry him before we'd ever set eyes on each other.

I'd say that you don't need to panic about this... but if your relationship contains any of the 'red flag' situations you need to be ready to counter them with extra evidence.

That's correct. It leads to two important questions.

WHEN & WHERE do you counter those red flags with evidence...or at least with explanations?

The best time & place to do that is when you file the petition with DHS.

If you read Practice Tip #1 in that article, you'll know why.

Thank you for this suggestion. This topic has been discussed at great length lately and there have been many differing opinions as to the breadth of evidence that should be submitted with the I-129F petition. In light of recent consular activity in Morocco, I have suggested that perhaps is it prudent to give more information than explicitly required by the I-129F submission, especially for those petitioners who have one or more red flags in their case. The "less is more" camp insists that you should not submit any more than is asked for.

I think your article proves them wrong.