denial at interview -- case closed

[happylove 0]

This is very difficult for me to type, because I am still in shock. My fiance went for his interview in Abu Dhabi yesterday. Our visa was denied -- case closed. The officer told my fiance that he would send our case back to USCIS. He was very nasty and humiliating towards my fiance. He denied the fiance visa on the basis of my fiance is likely to become a "public charge." I am unemployed but in the past worked as a teacher assistant. I am on housing assistance at this time. I had more than adequate assets (investment account and annuity accounts) and my son who does not live with me was my co-sponsor. He makes a good living and is more than twice the 125% poverty level in his income. I included a copy of my housing assistance contract. I had researched on the internet and also asked a woman at the State Department about housing assistance (including it as income.) I am on a voucher program - the money goes directly to my landlord, not to me. I found it odd that housing assistance could be included as income, but I thought that since other than my co-sponsor I only have assets at the present time to rely on, so to show some income is important. So I included my housing assistance contract. (I am not on wefare.) The officer told my fiance that I am a public charge and therefore he will become a public charge. My fiance has a bachelor's degree in electrical engineering and a master's degree in communications engineering. He has no intention of becoming a public charge. Other than the waiting period to get his EAD (or, if he could get a permit to work for ninety days from his port of entry to the US) he fully intends to work as soon as possible. And I want to get off housing assistance. (We did not mention it because we thought it would draw even more attention to our age difference, but I had hip replacement surgery a few months ago and will have another surgery for my other hip next month -- and when I am able to, I intend to work. Lately life has been a struggle for me.) The officer made a big thing of our age difference (23 years) and accused my fiance of using me for the visa. My fiance was very upset because he is loving and true to me and to our relationship. We have known each other on the internet for six years now and we met in person in August last year. I traveled to the UAE. All this did not make any difference to the officer. He didn't care about the co-sponsor. Now that the case is closed, is there any kind of appeal anyone knows about? I know that people get denied sometimes, but then they have another chance at an interview in a month or two. I don't know if their cases actually get closed and sent back to USCIS or not, of if they keep the cases at the embassy where the interview takes place. But ours is consdered DENIED and CLOSED and sent back. I don't know what to do. We are both in complete shock. We started our visa journey back in September, sending our petition in November, and now it is ending like this??? We have put a tremendous amount of time and energy into proving our relationship and getting all the papers we need.

I am so distraught and in deep distress. Does anyone have any suggestions as to what we can do about this? Thank you for reading this.

[Dakine 26]

This is very difficult for me to type, because I am still in shock. My fiance went for his interview in Abu Dhabi yesterday. Our visa was denied -- case closed. The officer told my fiance that he would send our case back to USCIS. He was very nasty and humiliating towards my fiance. He denied the fiance visa on the basis of my fiance is likely to become a "public charge." I am unemployed but in the past worked as a teacher assistant. I am on housing assistance at this time. I had more than adequate assets (investment account and annuity accounts) and my son who does not live with me was my co-sponsor. He makes a good living and is more than twice the 125% poverty level in his income. I included a copy of my housing assistance contract. I had researched on the internet and also asked a woman at the State Department about housing assistance (including it as income.) I am on a voucher program - the money goes directly to my landlord, not to me. I found it odd that housing assistance could be included as income, but I thought that since other than my co-sponsor I only have assets at the present time to rely on, so to show some income is important. So I included my housing assistance contract. (I am not on wefare.) The officer told my fiance that I am a public charge and therefore he will become a public charge. My fiance has a bachelor's degree in electrical engineering and a master's degree in communications engineering. He has no intention of becoming a public charge. Other than the waiting period to get his EAD (or, if he could get a permit to work for ninety days from his port of entry to the US) he fully intends to work as soon as possible. And I want to get off housing assistance. (We did not mention it because we thought it would draw even more attention to our age difference, but I had hip replacement surgery a few months ago and will have another surgery for my other hip next month -- and when I am able to, I intend to work. Lately life has been a struggle for me.) The officer made a big thing of our age difference (23 years) and accused my fiance of using me for the visa. My fiance was very upset because he is loving and true to me and to our relationship. We have known each other on the internet for six years now and we met in person in August last year. I traveled to the UAE. All this did not make any difference to the officer. He didn't care about the co-sponsor. Now that the case is closed, is there any kind of appeal anyone knows about? I know that people get denied sometimes, but then they have another chance at an interview in a month or two. I don't know if their cases actually get closed and sent back to USCIS or not, of if they keep the cases at the embassy where the interview takes place. But ours is consdered DENIED and CLOSED and sent back. I don't know what to do. We are both in complete shock. We started our visa journey back in September, sending our petition in November, and now it is ending like this??? We have put a tremendous amount of time and energy into proving our relationship and getting all the papers we need.

I am so distraught and in deep distress. Does anyone have any suggestions as to what we can do about this? Thank you for reading this.

You have until the paperwork gets send back to USCIS to add any evidence that may change their minds.

Normally takes about 3 weeks from the denial decision. You can fax what you have to them.

Once it's sent back the case is basically history.

USCIS says it will be reviewed in a couple years.

Senators and congressman can't to anything much but tell you why it was denied!

One recourse is for you to move to his country or a country he can get to.

Think positive as at least he and you can move on with your lives a lot easier not having married!

[rika60607 215]

I am very sorry to hear this.

It seems you had three things going against you:

1. "Unfriendly" country (I don't consider Iraq unfriendly for myself, but you know... there is a war).

2. Age difference - we all know when an older man marries a younger woman, it is called love. But the other way around, and it is highly suspicious and is called "usage".

3. You were out of work at the moment. Due to the two above - officer did not even care that you had a co-sponsor. It is unfair, but not completely unexpected.

It does not sound to me that you have any more evidence to fax (you know better of course). You could in principle fly into Iraq and demand that they see you both. But that would be a desperate measure with no guarantees to even be seen and you don't have much money and you are waiting for a surgery. So that would be hard. As well I don't know about procedure to enter Iraq, I suppose it is not that easy.

So,

what is left - to prepare facing NOID and hope that you can provide strong evidence when it comes. Get a good job and keep communicating/seeing each other as much as possible. May be he can get a job in Canada and move there? May be then you could join him in Canada (I hear they have excellent healthcare). What I am trying to say is that you need to position yourself better, both of you.

Somebody who faced similar situation would be of better help to you than me. I am truly sorry and if you two are truly committed to each other I am sure it will work out in the end.

Rika

This is very difficult for me to type, because I am still in shock. My fiance went for his interview in Abu Dhabi yesterday. Our visa was denied -- case closed. The officer told my fiance that he would send our case back to USCIS. He was very nasty and humiliating towards my fiance. He denied the fiance visa on the basis of my fiance is likely to become a "public charge." I am unemployed but in the past worked as a teacher assistant. I am on housing assistance at this time. I had more than adequate assets (investment account and annuity accounts) and my son who does not live with me was my co-sponsor. He makes a good living and is more than twice the 125% poverty level in his income. I included a copy of my housing assistance contract. I had researched on the internet and also asked a woman at the State Department about housing assistance (including it as income.) I am on a voucher program - the money goes directly to my landlord, not to me. I found it odd that housing assistance could be included as income, but I thought that since other than my co-sponsor I only have assets at the present time to rely on, so to show some income is important. So I included my housing assistance contract. (I am not on wefare.) The officer told my fiance that I am a public charge and therefore he will become a public charge. My fiance has a bachelor's degree in electrical engineering and a master's degree in communications engineering. He has no intention of becoming a public charge. Other than the waiting period to get his EAD (or, if he could get a permit to work for ninety days from his port of entry to the US) he fully intends to work as soon as possible. And I want to get off housing assistance. (We did not mention it because we thought it would draw even more attention to our age difference, but I had hip replacement surgery a few months ago and will have another surgery for my other hip next month -- and when I am able to, I intend to work. Lately life has been a struggle for me.) The officer made a big thing of our age difference (23 years) and accused my fiance of using me for the visa. My fiance was very upset because he is loving and true to me and to our relationship. We have known each other on the internet for six years now and we met in person in August last year. I traveled to the UAE. All this did not make any difference to the officer. He didn't care about the co-sponsor. Now that the case is closed, is there any kind of appeal anyone knows about? I know that people get denied sometimes, but then they have another chance at an interview in a month or two. I don't know if their cases actually get closed and sent back to USCIS or not, of if they keep the cases at the embassy where the interview takes place. But ours is consdered DENIED and CLOSED and sent back. I don't know what to do. We are both in complete shock. We started our visa journey back in September, sending our petition in November, and now it is ending like this??? We have put a tremendous amount of time and energy into proving our relationship and getting all the papers we need.

I am so distraught and in deep distress. Does anyone have any suggestions as to what we can do about this? Thank you for reading this.

You have until the paperwork gets send back to USCIS to add any evidence that may change their minds.

Normally takes about 3 weeks from the denial decision. You can fax what you have to them.

Once it's sent back the case is basically history.

USCIS says it will be reviewed in a couple years.

Senators and congressman can't to anything much but tell you why it was denied!

One recourse is for you to move to his country or a country he can get to.

Think positive as at least he and you can move on with your lives a lot easier not having married!

[TracyTN 237]

It may be in your best interest to seek the advice of a qualified immigration attorney. People on a message board all mean well, but ultimately cannot truly help with the intricacies of your situation.

Best of luck to you.

[aj1 1]

It may be in your best interest to seek the advice of a qualified immigration attorney. People on a message board all mean well, but ultimately cannot truly help with the intricacies of your situation.

Best of luck to you.

I am so sorry to hear that this happend to you others who posted gave good advice too you. I would also try and seek an inmmigration attorney to try and help you sort this out. Just try and stay strong and do all that you can from this point to try and make this work. Don't give up and in the end everything will work out for you both

AJ1

[almaty 19]

i agree with sister tracy..see a alwyer...they are sending the petition back with a request to deny...they cannot deny at the consulate level..

[Ta Ta 1]

Search the topics of member Kiya and Chiquta about returned petitions.

There is a lot of info in the waiver/Administrative Procesing forum about the

Noir letter and what next step to take to bulid a strong case.

I would immediately call the senators and congressman to intervene to try to get this turned around before it leaves the embassy. Today !

Email or fax a letter about the reason of your current financial situation

( hip sugery ) to the embassy, and the intend to work when recuperated. No worries about the age difference now as they already now it now.

If you can find a potential future employer ( friend, whatever)

and if they can state in a notarized letter a job is available upon completion of the

next surgery then that may help as evidence that you won't be a puplic charge

in the future.

The co sponsor should have been sufficient.

If the congessman / senators can not stop the return then you will have a lot of time

to reorganize a possible plan by reshifting your situation for USCIS submittance after the Noir letter and if they indeed send one out.

If you decide to pursue a K3 make sure the K1 is closed at the USCIS level in order to start again or you will open another can of worms.

I agree with consulting an experienced immigration lawyer that has dealt with this scenario and possibly with this embassy before.

Hang in there !

[TracyTN 237]

This may also be useful to the OP.

http://tinyurl.com/2mkhj2

[Dakine 26]

This may also be useful to the OP.

http://tinyurl.com/2mkhj2

Thanks Tracy!

Sounds like they know what they are talking about!

Been there done that!

Wish I'd seen that when we were denied the K1 years ago.

Confirms what my senator and congressman said.

I didn't have a snow balls chance in a Hawaii!.

They did manage to keep the paperwork at the embassy for awhile while I faxed more evidence to the head man.

He did review it and still said no!

Papers went back to service center and got lost!

Reason for denial was lack of pictures with my mates family! Had pics with me and mate but none with her, me and her family!

I sent a notarized letter cancelling the petition and moved on later doing a K3/K4- CR-1/ CR-2.

LOTS of pics this time. Even with the goats and dogs!!

LARGE age gap but petiton flew with no problems.

I hit them with everything you can possibly get to prove a "bonafide relationship".

Trust fund showing joint proberty ownership, Will leaving everything to her, Life insurance. Bukoo communication records, joint bank accounts, snail mails, chats and screen prints, emails, daily phone records for a year, Blah blah blah!

At AOS interview the interviewer mentioned the Trust had a LOT of power and to be sure and resubmit it when we remove conditions!

Aloha!