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Posted (edited)

Just as a general note, whilst it might be true that there are no appeals when a VISA is denied, it is possible to argue that the denial itself was invalid. Usually, this is because the potential immigrant (the non-USC) says something they shouldn't have; apparently, a typical instance of this is if the sponsee "admits to fraud" because that's what any typical English (or other) speaker might answer, but the law might argue something else (in layman's terms, something like "that which happened is not applicable to that clause in the INA".)

I discovered that one treats any USCIS officers politely, and when answering questions that might establish one's relationship with one's partner, answer truthfully and fully. When answering LEGAL questions - especially if they're fishing for anything legal in one's past - the best answer is "please ask the lawyer."

Edited by lloy0076
[add legal]
Posted
  On 2/7/2022 at 3:59 PM, lloy0076 said:

Just as a general note, whilst it might be true that there are no appeals when a VISA is denied, it is possible to argue that the denial itself was invalid. Usually, this is because the potential immigrant (the non-USC) says something they shouldn't have; apparently, a typical instance of this is if the sponsee "admits to fraud" because that's what any typical English (or other) speaker might answer, but the law might argue something else (in layman's terms, something like "that which happened is not applicable to that clause in the INA".)

I discovered that one treats any USCIS officers politely, and when answering questions that might establish one's relationship with one's partner, answer truthfully and fully. When answering LEGAL questions - especially if they're fishing for anything legal in one's past - the best answer is "please ask the lawyer."

Expand  

You think you have a grasp of the process yet you’re conflating USCIS IO with consular officers in US embassies. 
 

And embassies have local staff members who are able to translate if the applicant’s English is lacking. 

ROC 2009
Naturalization 2010

Posted (edited)
  On 2/7/2022 at 4:34 PM, milimelo said:

You think you have a grasp of the process yet you’re conflating USCIS IO with consular officers in US embassies. 
 

And embassies have local staff members who are able to translate if the applicant’s English is lacking. 

Expand  

 

I'm not sure what the purpose of `You think you have a grasp of the process yet...` is - apart from attempting to grandstand.


Nothing you've said indicates that USCIS or a consular office is able to make a ruling that is contrary to the INA, or to those who are performing work related to that act or the immigration process no matter which part of the US government they work for.
 

Edited by lloy0076
typos :P
Filed: K-1 Visa Country: Wales
Timeline
Posted

K1's expire, that is the issue, so they return them and some time later the Applicant is told it has expired, much simpler for them.

β€œIf you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

@cuongvt101 the best advice I can give you to be there when she interviews at HCMC

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
  On 2/8/2022 at 7:01 PM, cuongvt101 said:

Thanks Paul, I definitely will. The question is how to kill time from now to then, which can well be 10-12 months at least. Long distance relationship is hard!!!

Expand  

I know it can be a real pain.  We talked at least once a day and I made trips to see her in the Philippines or met up in Hong Kong.  Even after we were married we didn't live together full time until for almost 2 months until we went to Mexico.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
  On 2/7/2022 at 3:59 PM, lloy0076 said:

Just as a general note, whilst it might be true that there are no appeals when a VISA is denied, it is possible to argue that the denial itself was invalid. Usually, this is because the potential immigrant (the non-USC) says something they shouldn't have; apparently, a typical instance of this is if the sponsee "admits to fraud" because that's what any typical English (or other) speaker might answer, but the law might argue something else (in layman's terms, something like "that which happened is not applicable to that clause in the INA".)

I discovered that one treats any USCIS officers politely, and when answering questions that might establish one's relationship with one's partner, answer truthfully and fully. When answering LEGAL questions - especially if they're fishing for anything legal in one's past - the best answer is "please ask the lawyer."

Expand  

You can't bring a lawyer to the embassy interview. 

 

Only applicants with appointments will be admitted into the U.S. Embassy. Due to space constraints we are unable to allow third parties, including friends, employees, or attorneys, to accompany applicants to interviews. Minor children (under 18 years of age) may be accompanied by a guardian adult, and disabled applicants needing assistance may bring an escort. Petitioners of family-based IV applicants may attend the interview but are not required to do so.

https://www.ustraveldocs.com/kr/kr-iv-appointmentschedule.asp#:~:text=not be accepted.-,Only applicants with appointments will be admitted into the U.S.,to accompany applicants to interviews.

 

 

 

 

Posted
  On 2/9/2022 at 4:18 AM, Kor2USA said:

You can't bring a lawyer to the embassy interview. 

 

Only applicants with appointments will be admitted into the U.S. Embassy. Due to space constraints we are unable to allow third parties, including friends, employees, or attorneys, to accompany applicants to interviews. Minor children (under 18 years of age) may be accompanied by a guardian adult, and disabled applicants needing assistance may bring an escort. Petitioners of family-based IV applicants may attend the interview but are not required to do so.

https://www.ustraveldocs.com/kr/kr-iv-appointmentschedule.asp#:~:text=not be accepted.-,Only applicants with appointments will be admitted into the U.S.,to accompany applicants to interviews.

 

 

Expand  

It is still, nonetheless, best to leave legal questions to legal experts; anyway, I hope the applicant's case goes well regardless.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

**Thread now locked as OP's original question about the K-1 has been sufficiently answered thus the thread has run its course. OP is welcome to start a new thread if he has any other questions about his case.**

 

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