Visa DENIED - Help!

[Minya's wife 25]

No visa...it seems the consul was not convinced of the authenticity of our relationship. He said we look "posed" in our photos. Huh? I'm waiting for him to fax/e-mail me the 221g letter they gave him. He was told that I am to write a letter explaining our relationship and if I understand my fiance correctly (he's a little upset right now) I am to explain "what I'm capable of" should his visa be denied? What does that mean?

They did ask him, why I had not been back to visit him, since I retuned to the states in January. He explained that my job was "deadline" oriented and I am not able to take time off work. So he was told for me to explain all this in the letter I am to write to the consulate. In my original "how we met" statement, I stated that both he and I are from the same town, because that is where his parents live and that is where my grandmother lives. At the interview, they stated that they're not convinced of the merits of our relationship....that maybe our respective families "arranged" this? #######? They did not look at any of the other evidence(the detailed phone logs of our 3-4 hour long conversations dayli w/out fail, the e-mails)....said he should bring all that back when he brings my letter, and they will look at it then.

I don't understand...what's the use of providing evidence of ongoing relationship, if they don't look at it?

They also asked him, why he did not try for a tourist visa first, why this visa? My fiance told them that we decided that we wanted to get married and decided to go this route instead of trying to get him a tourist visa. Catch 22, if he had somehow been able to secure a tourist visa, and come here....we had gotten married then there would have been issues at AOS. That is what the K1 is for....to come here and marry your fiancee, that is not what a tourist visa is for.

We did have a whirlwind "courtship" if you will....and we do have an age difference, none of which matter to us, but it seems these are the sticking points w/ them. I'm starting to think of what to write in this letter....any advice on how to word this, how to phrase things. I have no idea how to proceed. Help please!

-P

[U.S. Wendy 0]

I don't want to scare you but, YOU NEED TO ACT FAST!!!

1-DO WHATEVER THEY ASK.

2-Send or fax everything now to them re: evidence for validity of relationship. Do a timeline and be specific re: the date you met, the date of the proposal, all visits, etc.

3-Find out if they intend to return your case to the US? PRAY that they are going to give you and your fiance the opportunity to give them what they want NOW (to the embassy) to reconsider the refusal. Get that 221g letter and see what is checked off.

If they do intend to send your petition back to the US, you and your fiance could be separated for a year or more!!! It's a nightmare, trust me.

4-Contact your congressman NOW, get him or her to contact the embassy to find out if they intend to send your petition back. He or she should request that they keep it and allow you to submit additional evidence. If they are sending it back, get him or her to find out the diplomatic pouch number so that you can track it.

5-Definitely secure an immigration attorney who is experienced with petition revocations if your petition is headed back to the US.

I'll send you some other links later.

No visa...it seems the consul was not convinced of the authenticity of our relationship. He said we look "posed" in our photos. Huh? I'm waiting for him to fax/e-mail me the 221g letter they gave him. He was told that I am to write a letter explaining our relationship and if I understand my fiance correctly (he's a little upset right now) I am to explain "what I'm capable of" should his visa be denied? What does that mean?

They did ask him, why I had not been back to visit him, since I retuned to the states in January. He explained that my job was "deadline" oriented and I am not able to take time off work. So he was told for me to explain all this in the letter I am to write to the consulate. In my original "how we met" statement, I stated that both he and I are from the same town, because that is where his parents live and that is where my grandmother lives. At the interview, they stated that they're not convinced of the merits of our relationship....that maybe our respective families "arranged" this? #######? They did not look at any of the other evidence(the detailed phone logs of our 3-4 hour long conversations dayli w/out fail, the e-mails)....said he should bring all that back when he brings my letter, and they will look at it then.

I don't understand...what's the use of providing evidence of ongoing relationship, if they don't look at it?

They also asked him, why he did not try for a tourist visa first, why this visa? My fiance told them that we decided that we wanted to get married and decided to go this route instead of trying to get him a tourist visa. Catch 22, if he had somehow been able to secure a tourist visa, and come here....we had gotten married then there would have been issues at AOS. That is what the K1 is for....to come here and marry your fiancee, that is not what a tourist visa is for.

We did have a whirlwind "courtship" if you will....and we do have an age difference, none of which matter to us, but it seems these are the sticking points w/ them. I'm starting to think of what to write in this letter....any advice on how to word this, how to phrase things. I have no idea how to proceed. Help please!

-P

Edited June 29, 2007 by U.S. Wendy

[mybackpages 0]

No visa...it seems the consul was not convinced of the authenticity of our relationship. He said we look "posed" in our photos. Huh? I'm waiting for him to fax/e-mail me the 221g letter they gave him. He was told that I am to write a letter explaining our relationship and if I understand my fiance correctly (he's a little upset right now) I am to explain "what I'm capable of" should his visa be denied? What does that mean?

They did ask him, why I had not been back to visit him, since I retuned to the states in January. He explained that my job was "deadline" oriented and I am not able to take time off work. So he was told for me to explain all this in the letter I am to write to the consulate. In my original "how we met" statement, I stated that both he and I are from the same town, because that is where his parents live and that is where my grandmother lives. At the interview, they stated that they're not convinced of the merits of our relationship....that maybe our respective families "arranged" this? #######? They did not look at any of the other evidence(the detailed phone logs of our 3-4 hour long conversations dayli w/out fail, the e-mails)....said he should bring all that back when he brings my letter, and they will look at it then.

I don't understand...what's the use of providing evidence of ongoing relationship, if they don't look at it?

They also asked him, why he did not try for a tourist visa first, why this visa? My fiance told them that we decided that we wanted to get married and decided to go this route instead of trying to get him a tourist visa. Catch 22, if he had somehow been able to secure a tourist visa, and come here....we had gotten married then there would have been issues at AOS. That is what the K1 is for....to come here and marry your fiancee, that is not what a tourist visa is for.

We did have a whirlwind "courtship" if you will....and we do have an age difference, none of which matter to us, but it seems these are the sticking points w/ them. I'm starting to think of what to write in this letter....any advice on how to word this, how to phrase things. I have no idea how to proceed. Help please!

-P

In ME/NA countries a 221g is issued when they need mroe evidence or when they deny the visa and send it back to the US. It is important to understand the wording on this form. There is a sample in the Casablanca thread in the MENA forum. The words at the top sound like it is a final denial, but then sometimes there is a addition to the bottom that says what more evidence they need.

Can you get a copy faxed or e-mailed to you so you now exactly what it says? We received one- it said more evidence of communication and new court report. I wrote a letter, gathered what I could and emailed it back to my fiance. He is here now, so don;t panic just yet.

If the consulate is asking for more of something then it does not sound like it was an outright denial and is going back to the US.

[Nagishkaw 510]

Paula,

I found this for you :

http://www.visajourney.com/forums/index.ph...ic=2687&hl=

[Nanusia & Lukaszek 0]

Did they say how they want this info sent to them, or delivered, or they'll make another interview appointment? If it were me, I'd take all my stuff with me and be on a plane to the embassy and I'd prove whatever they needed. I think you showing up there would show that this is a real relationship and matters to you.

Also, I can see their standpoint on the being from the same village and it seeming "arranged" by the families. I'd tend to keep this topic out of future communications with them, so they don't make up stories in their heads.

As for the comment about why he didn't do a tourist visa? #######! that is stupid. We all apply for k1's for the purpose to get married in the US, not to come to visit. If you had applied for a tourist visa, been denied, then did the k1 route, you'd definitely have lots more questions to answer why you seeked going the wrong route... and here they question why you followed the correct way?

As the previous posters wrote, I'd be all over this and get everyone and their mom involved. Call the embassy in Hungary first, and play dumb and ask if your fiance got the visa... they'll look up in the system and may give you a bit more detail on what's needed to get the 221g straightened out, than what was said to your fiance, who was probably so ticked he couldn't concentrate.

Good luck!

[Minya's wife 25]

The petition is not yet being sent back here. They want more evidence of the validity of our relationship....attached is the 221g letter. They gave my fiancee a standard consulate business card, and said for him to contact them once he has the additional evidence requested and they will re-interview him.

They did not want to see the ongoing relationship evidence that he was showing them....they told him to bring all that again, when he brings this letter from me.

221g.pdf

[mybackpages 0]

The petition is not yet being sent back here. They want more evidence of the validity of our relationship....attached is the 221g letter. They gave my fiancee a standard consulate business card, and said for him to contact them once he has the additional evidence requested and they will re-interview him.

They did not want to see the ongoing relationship evidence that he was showing them....they told him to bring all that again, when he brings this letter from me.

Okay, then this is just a small setback. NOW you have to gather all the evidence that addresses their concerns and satisfy them. If they are not satisfied they can still deny and sent it back. It sounds exactly like what happened with us.

Our 221g said "more evidence of communication" and in the interview she talked a lot about more photos of just the 2 of us. We didn't have them because of a new camera and I had deletted accidently the photos. I wrote out a one page letter addressing all their concerns and attached what ever evidence (even if I had that evidence in the first interview) whould make my argument stronger.

Sounds like you need to expain a bit more clearly how you met. I would not dismiss the fact they youa re from the same town. I would acknowledge it and explains it clearly. The possibility that it was arranged for money because families might know each other is a red flag. They can't deny you for it, theyjust want you to show that it isn't the case for you.

When they ask what will happen if the visa is enied, you need to be very clear about the hardship it will cause onthe relationship. For example in my situation I would write about my job and son who it would place a hardship on us to move to Hungary now and as a married couple, living in the US is the best option fiancial and otherwise. But be very clear.

I noticed you are in Houston . I am too. PM me if you need to talk.

[Gaby&Talbert 1]

The issue about why didnt he try to get a tourist visa is an easy answer, if he tried to get one they could have denied him entry if he would be honest at the point of entry and possible deportation. My wife and I had this almost happen to us. When we got married we were told by USCIS person that if she had her tourist visa she could stay in the states with me while were were processing our papers as long as it did not expire. When we went to the border to enter the US border patrol said no this is not allowed and she lied on her tourist visa. A tourist visa is to be a tourist, not to stay in the US while your papers are being processed. They told her she could be deported and have a 10 year ban! I begged for hours and finally they believed we were being completely honest with them and just made a mistake and allowed us to go back to her house without taking her visa. The did take her travel permission and destroy it but did not enter anything in her record. She still had her B1/B2 border crossing visa so she could still cross over to El Paso.

Bottom line is the reason he didnt try for a tourist visa is because it would be breaking the law.

[jundp 191]

I'm really sorry to hear your news. I can't understand why they'd not look at your evidence and then issue a request for that same evidence. Unfortunately, we are at the mercy of these people, so we have to do what they want. Please let us know what happens when you send the information back to the embassy....I'll keep good thoughts for you two.

[kitkat1 5]

The issue about why didnt he try to get a tourist visa is an easy answer, if he tried to get one they could have denied him entry if he would be honest at the point of entry and possible deportation. My wife and I had this almost happen to us. When we got married we were told by USCIS person that if she had her tourist visa she could stay in the states with me while were were processing our papers as long as it did not expire. When we went to the border to enter the US border patrol said no this is not allowed and she lied on her tourist visa. A tourist visa is to be a tourist, not to stay in the US while your papers are being processed. They told her she could be deported and have a 10 year ban! I begged for hours and finally they believed we were being completely honest with them and just made a mistake and allowed us to go back to her house without taking her visa. The did take her travel permission and destroy it but did not enter anything in her record. She still had her B1/B2 border crossing visa so she could still cross over to El Paso.

Bottom line is the reason he didnt try for a tourist visa is because it would be breaking the law.

Just to be clear, there is absolutely nothing illegal about having a tourist visa and using it to enter the US to visit a fiance. If there is no intention to marry upon entry, a person can even decide to marry in the US while on a tourist visa and then stay to adjust status.

What is NOT legal is for the spouse of a USC to enter the US on a tourist visa because the correct type of visa in THIS situation is a spousal visa. But the OPs situation was not for a spouse, rather a fiance.

[iamjasonbunch 0]

No visa...

I hate to play devils advocate... but I believe they give that excuse when they have found other reasons for not giving approval for the visa. I would just follow the steps required to fix this doubt that the embassy might have had at the time of the interview promptly if you truely love him, and want to be together. Unfortunately, the interview is the last and only time the US is able to verify the legitimacy of the beneficiary. From what I read on this forum, and from personal experiences now... it does not seem so difficult to have an unsuccessful interview. If this is an honest request for further actions on your part by the embassy... just do it, and the visa process can move on.