New Article on Consular Denials

[Anastassia 0]

Denali, don't worry.

This point actually made me angry. I met my husband when he was still married and we fell in love.

It took him 2 years to get divorced, not because his ex was trying to keep him but because of the state law. We got to see each other only 4 or 5 times during this period when he was actually separated.

So it's obvious that he filed I-129F immediately after his divorce.

What is suspicious about it ???????????????????????????????????????

Anyway I had no problems with my visa and we are already married, but it drives me crazy when I read such stupidity.

As for long gaps I also don't understand. My husband visited me every six months... and it absolutely drained him financially..... and his income is not at poverty level.... Since the requirement is that you had to meet in person within the last 2 years, is this also hard to understand that for some people it might be impossible to travel overseas often ? But on the other hand personally I haven't heard of anyone being denied for these reasons.

so, don't worry, I think these are really rare cases.

Good luck to all,

Ana

[honeyblonde 0]

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.

I agree. I had some red flags so submitted quite a lengthy supplement sheet. We had no problems at all, but Abdel was questioned about the red flag issues at his interview. Since his answers matched what I wrote, he had no problem getting the visa.

Edited March 23, 2006 by honeyblonde

[aussiewench 9]

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.

I agree. I had some red flags so submitted quite a lengthy supplement sheet. We had no problems at all, but Abdel was questioned about the red flag issues at his interview. Since his answers matched what I wrote, he had no problem getting the visa.

And there is a big difference in sending a supplement sheet to explain ones case, then sending an over abundance of evidence of the relationship and forgoing strength of evidence of having met within the required two years. This has what has been the biggest bone of contention.

Jenn,

For the life of me I cannot see how an over abundance of ongoing relationship evidence will overcome many of the reasons listed. If anything in some cases that evidence could very well give rise to some of those reasons.

I could also be missing it completely right now as I am sleep depravated.

Each case is different.....each case is unique.

[Jenn! 918]

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.

I agree. I had some red flags so submitted quite a lengthy supplement sheet. We had no problems at all, but Abdel was questioned about the red flag issues at his interview. Since his answers matched what I wrote, he had no problem getting the visa.

And there is a big difference in sending a supplement sheet to explain ones case, then sending an over abundance of evidence of the relationship and forgoing strength of evidence of having met within the required two years. This has what has been the biggest bone of contention.

Jenn,

For the life of me I cannot see how an over abundance of ongoing relationship evidence will overcome many of the reasons listed. If anything in some cases that evidence could very well give rise to some of those reasons.

I could also be missing it completely right now as I am sleep depravated.

Each case is different.....each case is unique.

Nowhere did I suggest that one submit an overabundance of ongoing relationship evidence.

I think my statement is quite reasonable if you look at the flags again:

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.

[aussiewench 9]

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.

I agree. I had some red flags so submitted quite a lengthy supplement sheet. We had no problems at all, but Abdel was questioned about the red flag issues at his interview. Since his answers matched what I wrote, he had no problem getting the visa.

And there is a big difference in sending a supplement sheet to explain ones case, then sending an over abundance of evidence of the relationship and forgoing strength of evidence of having met within the required two years. This has what has been the biggest bone of contention.

Jenn,

For the life of me I cannot see how an over abundance of ongoing relationship evidence will overcome many of the reasons listed. If anything in some cases that evidence could very well give rise to some of those reasons.

I could also be missing it completely right now as I am sleep depravated.

Each case is different.....each case is unique.

Nowhere did I suggest that one submit an overabundance of ongoing relationship evidence.

No you did not.......but this is what many members post as to what they are submitting, all mingled in with the evidence of having met....they are two seperate issues........and this is what many of us that you refer to as the 'less is more camp' try to balance.

As DD posted some of those listed are addressed in the questions themselves.

And I say again......IMO submitting certain evidence in support of the relationship could also give rise to many of those listed.

Members should look at the specifics of their case and submit evidence accordingly. Submit a supplement sheet if necessary to explain the case.

Edited March 23, 2006 by aussiewench

[mikehofman 0]

Mr Marcus

God Bless you for all your hard work

Best Regards

Mike

[Jenn! 918]

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.

I agree. I had some red flags so submitted quite a lengthy supplement sheet. We had no problems at all, but Abdel was questioned about the red flag issues at his interview. Since his answers matched what I wrote, he had no problem getting the visa.

And there is a big difference in sending a supplement sheet to explain ones case, then sending an over abundance of evidence of the relationship and forgoing strength of evidence of having met within the required two years. This has what has been the biggest bone of contention.

Jenn,

For the life of me I cannot see how an over abundance of ongoing relationship evidence will overcome many of the reasons listed. If anything in some cases that evidence could very well give rise to some of those reasons.

I could also be missing it completely right now as I am sleep depravated.

Each case is different.....each case is unique.

Nowhere did I suggest that one submit an overabundance of ongoing relationship evidence.

No you did not.......but this is what many members post as to what they are submitting, all mingled in with the evidence of having met....they are two seperate issues........and this is what many of us that you refer to as the 'less is more camp' try to balance.

As DD posted some of those listed are addressed in the questions themselves.

And I say again......IMO submitting certain evidence in support of the relationship could also give rise to may of those listed.

You're right. It is extremely important to give a lot of thought to the potential impression of every piece of evidence you submit. I agree with you - if you have a straightforward case, and none of these red flags apply to you, and you're not going through a high-fraud consulate, then your petition should probably not contain any moer than was asked for. BUT if one of the red flags does apply to you, I would definitely follow honeyblonde's lead in recognizing the weakness in your case and addressing that issue before it's too late.

[simone24 0]

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.

Ellis-island,

I was wondering if you have any information about consular denials of cr1/ir1. it seems that a lot of the possible red flags may be applied to cr1/ir1. are there any additional red flags that we should be aware of?

thank you for help. the article was very informative.

[Ladylethal 12]

I meet all the requirements for not flying up the red flag. My worries are with the brazilian consulate, they´re very strict there, they tend to deny visas for no apparent reason, and my fiance and I are still being supported financially by our parents, although his dad will be his sponsor and all of that, I am scared they might use that against me to deny me a visa. True that the other two times I got a visa, student visa when I was 16 and a tourist one to visit Luis last year, I got it, but still, makes me nervous even though things seem to be on our side.

[Satisfaction 1]

Thank you John for this quite interesting article. This is helpful for people who, like me, have tried to understand (without success really) and to wind their way through the immigration services byzantine rules and regulations....

[tnh9479 1]

This is very valuable information for those going through tough consulates or those who believe there may be issues with their case.

Thanks!

Twila

[joone745 0]

My fiancee now was engaged to someone before and had file a K1 for her way back in 2001. The petition was approved but she didn't go through with. Is that gonna be a problem w/ my current K1 petition for her?

[Yodrak 7]

joone,

Maybe. Maybe not.

May depend on the circumstances of the previous case.

Yodrak

My fiancee now was engaged to someone before and had file a K1 for her way back in 2001. The petition was approved but she didn't go through with. Is that gonna be a problem w/ my current K1 petition for her?

[skemper19 0]

Thank you Ellis, very interesting article that could help my situation. My fiance and I were denied on Friday. No chance given to come back with even more evidence (I sent much with the original petition and much more with him to his interview. I have just sent a letter to the Supervisory Consular Officer asking them to review my case and give us a chance to provide more evidence (I have tons more). Tomorrow I will have someone who is a good frins of my congressman and Senators give them a call to ask for their help (whatever they can do) and I hope taht we will be given atthe very least the opportunity to prove taht we are not misleading anyone, that we are true and that our love is true.

Any other suggestions?

[Sheriff Uling 3]

Marc:

MANY THANKS FOR THE INFORMATION AND FOR SHARING YOUR KNOWLEDGE! I sent it to my fiancee to read. In many ways, I now feel as if we should have submitted more back-up information during the petition, and possibly more detail in our affidavits. Time will tell... but we have more than sufficient evidence ready for the Consular Officer.

Ahmari

Edited July 18, 2006 by AJH