Interview concern

[EP-KO 0]

Okay, so a question recently came to mind, and I'm hoping that you VJ experts can answer it...

If, and I hope and pray everyday that this doesn't happen, but if if if they decide to not give my fiance the visa during his interview, is that it? Or are we given a chance to provide more evidence, a cosponsor for the 1134, etc... I mean, if they deny him, do they give us the reason why we are being denied? And if so, are we then given the opportunity to provide the missing documentation to resubmit for a follow-up interview?

Hope my question is clear... Thanks in advance for ur help! ko

[ding 1]

I-694 looks like it might be an option in some cases, but I'm not sure about the- amnesty program provisions -part.

From USCIS site;

This form is used to notify U.S. Citizenship and Immigration Services that an alien denied permanent residence, temporary residence or a waiver of grounds of excludability under the amnesty program provisions of the Immigration Reform and Control Act of 1986 (IRCA) is appealing the decision to the Director of USCIS.

Anyway, I think all us newbies come here looking for a backdoor in case the front door is slammed in our loves' faces

[YuAndDan 153]

When denying they do 1 of 2 things.

They give you a blue slip telling you what they want, and you provide this information to overcome at the consulate.

They give you a white slip and explanation why, and return the case to USCIS, you then need to appeal to USCIS to overturn the decision.

If they outright deny the petition at the consulate and send it back to the states you will need a lawyer to overturn the denial at the USCIS, they put a mark in the beneficiary that will cause a bar that cannot be overturned at the consular level. The denial has a mark of misrepresentation on it.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)©(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[SamAndJulie 0]

I do think you can then give more evidence and go back and no need to line up for that again, if that's what they ask for at the interview then that's it.

[Turboguy 6]

The white slip is very unusual in a Fiancee situation. It would generally be in a case where they are convinced there is fraud.

The blue slip which is officially a 221-G is also called an "Intent to Deny" What it really means is they feel there was not enough evidence presented in one area (or more) of your proofs. They will detail what they want and you have 90 days to produce evidence showing that you do meet the requirements. Quite often this is in the area of proof of a relationship and they will ask for phone records, letters, e-mails, boarding passes and the like.

Lately there seems to be a rash of 221-G's My guess would be that about 10 percent of K-1s get a 221-G and that about 90% of those are able to produce evidence to get the visa but that is just my guess.