Maybe USCs should have more weight in the matter...

[james&adry 3]

I was reading this thread

http://www.visajourney.com/forums/index.php?showtopic=205093

And someone brought up something that seems to hit home for almost everyone that is going through on this process. When it is all said and done, all the paperwork and the hassles of securing your loved one a visa to enter the country.. It all comes down to a single person at the embassy to be given the duty to interview you and ultimately decide whether or not your loved one should be allowed to enter the country or not. Now i know that this single job is a very demanding and stressful job.. Golly I cannot imagine living with the nightmares some of these people deal with on a daily basis but leaving it up to just a single person who decides on the whole case is pretty unfair. Should the worse of experiences happens, you or your spouse/fiancee/relative get ridiculed for bringing insufficient/overwhelming evidence, treated unfairly/biassedly/rudely, or just plain put into a stereotypical category from first glance. We should have protections set in place that a USC can petition for or complain about. The thread that i spunned this other subject from there was a man and his significant other who brought sufficient evidence but the CO said it was not enough and flat out told her to return. To protect us and valid couples, what have people done to complain or petition for another review? Like i said in that thread, "I do not like the idea of someone deciding the fate of our lives, the military does that enough for me.."

What can we do in case this happens? What are our rights as USCs? What can we do to not let aholes, ignorant people, biased, and not properly trained COs dictate our lives? I'm only writing this topic thread because I want to look out for everyone else and see what our are options are in the matter. I have not experienced this myself but reading up on it from other people's experiences make me a little worried... Your opinions and discussion is greatly appreciated.

James

[Gary and Alla 3,694]

I was reading this thread

http://www.visajourney.com/forums/index.php?showtopic=205093

And someone brought up something that seems to hit home for almost everyone that is going through on this process. When it is all said and done, all the paperwork and the hassles of securing your loved one a visa to enter the country.. It all comes down to a single person at the embassy to be given the duty to interview you and ultimately decide whether or not your loved one should be allowed to enter the country or not. Now i know that this single job is a very demanding and stressful job.. Golly I cannot imagine living with the nightmares some of these people deal with on a daily basis but leaving it up to just a single person who decides on the whole case is pretty unfair. Should the worse of experiences happens, you or your spouse/fiancee/relative get ridiculed for bringing insufficient/overwhelming evidence, treated unfairly/biassedly/rudely, or just plain put into a stereotypical category from first glance. We should have protections set in place that a USC can petition for or complain about. The thread that i spunned this other subject from there was a man and his significant other who brought sufficient evidence but the CO said it was not enough and flat out told her to return. To protect us and valid couples, what have people done to complain or petition for another review? Like i said in that thread, "I do not like the idea of someone deciding the fate of our lives, the military does that enough for me.."

What can we do in case this happens? What are our rights as USCs? What can we do to not let aholes, ignorant people, biased, and not properly trained COs dictate our lives? I'm only writing this topic thread because I want to look out for everyone else and see what our are options are in the matter. I have not experienced this myself but reading up on it from other people's experiences make me a little worried... Your opinions and discussion is greatly appreciated.

James

You, as a USC have a right to petition a visa for your SO. Your SO as a foreign national has NO right to a visa. NO visa is denied based on a single person's decision. Petitionss are returned to USCIS for review with a recommendation of denial. USCIS often re-affirms and re-sends the petition back to the consulate (we see threads about this here all the time) and there is a forum dedicated just to such denials and what you can do about them.

It is a mis-statement to say that ONE PERSON makes a decision to deny, simply isn't true.

In just as many...actually far more cases, the visa is approved with no questions asked. (i see no one complaining about that) And even then it is not the decision of one person. For one thing, the ONE person doing the interview follows the rules and practices of the consulate which was the result of many people's work. One person may do the interview but it is a mistake to assume it was his/her on the spot decision. The decision has usually been made before the interview (hence the frequent "no questions asked" interviews) by reviewing the documents YOU have presented. YOU and your fiancee have a right to present your case and provide evidence of a bona fide relationship. I suggest you prepare for it.

The TWO people most influential in this process are YOU and your FIANCE(E) If you go around blaming it on the "one mysterious person" or think it is so, you are doomed to fail.

[james&adry 3]

I was reading this thread

http://www.visajourney.com/forums/index.php?showtopic=205093

And someone brought up something that seems to hit home for almost everyone that is going through on this process. When it is all said and done, all the paperwork and the hassles of securing your loved one a visa to enter the country.. It all comes down to a single person at the embassy to be given the duty to interview you and ultimately decide whether or not your loved one should be allowed to enter the country or not. Now i know that this single job is a very demanding and stressful job.. Golly I cannot imagine living with the nightmares some of these people deal with on a daily basis but leaving it up to just a single person who decides on the whole case is pretty unfair. Should the worse of experiences happens, you or your spouse/fiancee/relative get ridiculed for bringing insufficient/overwhelming evidence, treated unfairly/biassedly/rudely, or just plain put into a stereotypical category from first glance. We should have protections set in place that a USC can petition for or complain about. The thread that i spunned this other subject from there was a man and his significant other who brought sufficient evidence but the CO said it was not enough and flat out told her to return. To protect us and valid couples, what have people done to complain or petition for another review? Like i said in that thread, "I do not like the idea of someone deciding the fate of our lives, the military does that enough for me.."

What can we do in case this happens? What are our rights as USCs? What can we do to not let aholes, ignorant people, biased, and not properly trained COs dictate our lives? I'm only writing this topic thread because I want to look out for everyone else and see what our are options are in the matter. I have not experienced this myself but reading up on it from other people's experiences make me a little worried... Your opinions and discussion is greatly appreciated.

James

You, as a USC have a right to petition a visa for your SO. Your SO as a foreign national has NO right to a visa. NO visa is denied based on a single person's decision. Petitionss are returned to USCIS for review with a recommendation of denial. USCIS often re-affirms and re-sends the petition back to the consulate (we see threads about this here all the time) and there is a forum dedicated just to such denials and what you can do about them.

It is a mis-statement to say that ONE PERSON makes a decision to deny, simply isn't true.

In just as many...actually far more cases, the visa is approved with no questions asked. (i see no one complaining about that) And even then it is not the decision of one person. For one thing, the ONE person doing the interview follows the rules and practices of the consulate which was the result of many people's work. One person may do the interview but it is a mistake to assume it was his/her on the spot decision. The decision has usually been made before the interview (hence the frequent "no questions asked" interviews) by reviewing the documents YOU have presented. YOU and your fiancee have a right to present your case and provide evidence of a bona fide relationship. I suggest you prepare for it.

The TWO people most influential in this process are YOU and your FIANCE(E) If you go around blaming it on the "one mysterious person" or think it is so, you are doomed to fail.

Gary,

That is indeed uplifting.. I was just a little worried about it and thinking that it was one person that might decide and what to do or get the help in case it happens. Of course no one would complain about the visa being approved with no questions asked.. Some couples just look great together, for that i can be thankful lol.

[TBoneTX 45,598]

Your opinions and discussion is greatly appreciated.

See my response in the other thread. More accurately, the fiancee brought evidence to the interview, but the CO refused to accept it, and then claimed that insufficient proof was provided.

USCIS often re-affirms and re-sends the petition back to the consulate

Gary, please define "often" -- "on the basis of anecdotal evidence on VJ from those who actually post about it"?

In just as many...actually far more cases, the visa is approved with no questions asked.

Your numbers to support this assertion, please. Otherwise, this statement is pure opinion rather than fact.

The decision has usually been made before the interview (hence the frequent "no questions asked" interviews) by reviewing the documents YOU have presented.

Then why the required need for an interview at all, Gary? And where is the insider information from the Dept. of State that causes you to claim that "the decision has usually been made before the interview"? Should not the recommendation then be to "front-load" the dickens out of one's K or CR petition with evidence of relationship?

YOU and your fiancee have a right to present your case and provide evidence of a bona fide relationship.

On the basis of real-world information on and off VJ, not in Ecuador.

Please belay the sweeping platitudes unless they are accompanied by hard evidence to back them up.

[Gary and Alla 3,694]

I was reading this thread

http://www.visajourney.com/forums/index.php?showtopic=205093

And someone brought up something that seems to hit home for almost everyone that is going through on this process. When it is all said and done, all the paperwork and the hassles of securing your loved one a visa to enter the country.. It all comes down to a single person at the embassy to be given the duty to interview you and ultimately decide whether or not your loved one should be allowed to enter the country or not. Now i know that this single job is a very demanding and stressful job.. Golly I cannot imagine living with the nightmares some of these people deal with on a daily basis but leaving it up to just a single person who decides on the whole case is pretty unfair. Should the worse of experiences happens, you or your spouse/fiancee/relative get ridiculed for bringing insufficient/overwhelming evidence, treated unfairly/biassedly/rudely, or just plain put into a stereotypical category from first glance. We should have protections set in place that a USC can petition for or complain about. The thread that i spunned this other subject from there was a man and his significant other who brought sufficient evidence but the CO said it was not enough and flat out told her to return. To protect us and valid couples, what have people done to complain or petition for another review? Like i said in that thread, "I do not like the idea of someone deciding the fate of our lives, the military does that enough for me.."

What can we do in case this happens? What are our rights as USCs? What can we do to not let aholes, ignorant people, biased, and not properly trained COs dictate our lives? I'm only writing this topic thread because I want to look out for everyone else and see what our are options are in the matter. I have not experienced this myself but reading up on it from other people's experiences make me a little worried... Your opinions and discussion is greatly appreciated.

James

You, as a USC have a right to petition a visa for your SO. Your SO as a foreign national has NO right to a visa. NO visa is denied based on a single person's decision. Petitionss are returned to USCIS for review with a recommendation of denial. USCIS often re-affirms and re-sends the petition back to the consulate (we see threads about this here all the time) and there is a forum dedicated just to such denials and what you can do about them.

It is a mis-statement to say that ONE PERSON makes a decision to deny, simply isn't true.

In just as many...actually far more cases, the visa is approved with no questions asked. (i see no one complaining about that) And even then it is not the decision of one person. For one thing, the ONE person doing the interview follows the rules and practices of the consulate which was the result of many people's work. One person may do the interview but it is a mistake to assume it was his/her on the spot decision. The decision has usually been made before the interview (hence the frequent "no questions asked" interviews) by reviewing the documents YOU have presented. YOU and your fiancee have a right to present your case and provide evidence of a bona fide relationship. I suggest you prepare for it.

The TWO people most influential in this process are YOU and your FIANCE(E) If you go around blaming it on the "one mysterious person" or think it is so, you are doomed to fail.

Gary,

That is indeed uplifting.. I was just a little worried about it and thinking that it was one person that might decide and what to do or get the help in case it happens. Of course no one would complain about the visa being approved with no questions asked.. Some couples just look great together, for that i can be thankful lol.

The thing to remember in this process is that the TWO people who have the greatest impact on the result is the petitioner and the beneficiary. People who fail to prepare are preparing to fail and it is no one's fault but their own. Visas are NOT denied to people in legitimate relationships, it is not a judgement thing. It is not up to any one person or group of people BUT it is up to you to prove it is a legitimate relationship and consulates have varying degrees of difficulty in what they require for proof. That may seem unfair, but in reality it is not. Certain countries are plagued with more visa fraud or plagued by US citizens seeking wives for other than legitimate relationships and policies are adjusted accordingly and can change. If you have a tough consulate to deal with, then you need to do more preparation and study than I did. That's life. Whining about Kiev being easier than HCMC and it not being fair will NOT get you a visa. Studying what HCMC needs to approve a visa WILL. Conducting your realtionship ina manner that produces evidence is another factor. Sorry to say, but you need to document what you do and do it in a way that produces documentation.

Any petitioner NEEDS to familiarize themselves with the consulate they will go through and VJ conveniently has sub-forums for this. Anyone reading this post has no excuse to be less than the best prepared person the consulate ever saw. Because they have VJ to get information from. I have been through, now, a K-1 and two K-2 interviews, plus the AOS for two people (a third one coming up for which I have been told there will be NO interview) and have YET to have a question asked. NONE. No questions. Just "Here you are, it is approved, here are your documents back, have a good day" We left the USCIS local office 13 minutes after arriving for our AOS interview with approved Green Cards and half of that was "waiting time". I do not credit that to "luck". I have done it too many times over a long enough period, with enough counsular and immigration officers for "luck" to have held out.

Proper preparation, study and documentation are the best thing YOU can do to be sure the decision goes in your favor. Myself, I consider this the most important thing I have ever done in my life or probably ever will do, and gave it the priority it deserved. When I proposed to my fiancee I had NO CLUE about this process and never even heard of a K-1 visa or knew they existed. And I credit VJ with everything I have learned about the process.

Edited July 1, 2009 by Gary and Alla

[TBoneTX 45,598]

People who fail to prepare are preparing to fail and it is no one's fault but their own.

Not always. People can be completely blindsided by personnel-and-therefore-policy changes at consulates.

Visas are NOT denied to people in legitimate relationships

They ARE, and they have been.

It is not up to any one person or group of people

Oh, it's not?

Sorry to say, but you need to document what you do and do it in a way that produces documentation

...documentation that a consulate refuses to accept after a couple has prepared and has brought it?

I credit VJ with everything I have learned about the process.

And people on VJ have to be careful indeed about whom they believe, or whether ALL of the information that they need is available here. Who has said, over and over again, "you do not need to attend the interview with your SO" and "you do not need an attorney"? Also, please answer the questions regarding your earlier claims in this thread.

[Usui Takumi 1,562]

All that needs to be highlighted is all of the sex scandals regarding IO's to show that they have too much power and not enough oversight. I realize that last year USCIS created a special hotline to report happenings but I wonder how well that is working...

Edited July 1, 2009 by lancer1655

[TBoneTX 45,598]

All that needs to be highlighted is all of the sex scandals regarding IO's to show that they have too much power and not enough oversight. I realize that last year USCIS created a special hotline to report happenings but I wonder how well that is working...

COs (Dept. of State)? And I still believe that we deserve to see Gary's supporting figures rather than accept his assertions on faith.

[Usui Takumi 1,562]

My reference was more state side to be honest. You had officers threatening women that they could ruin their lives and they demanded sex in return for greencards.

[Gary and Alla 3,694]

People who fail to prepare are preparing to fail and it is no one's fault but their own.

Not always. People can be completely blindsided by personnel-and-therefore-policy changes at consulates.

Visas are NOT denied to people in legitimate relationships

They ARE, and they have been.

It is not up to any one person or group of people

Oh, it's not?

Sorry to say, but you need to document what you do and do it in a way that produces documentation

...documentation that a consulate refuses to accept after a couple has prepared and has brought it?

I credit VJ with everything I have learned about the process.

And people on VJ have to be careful indeed about whom they believe, or whether ALL of the information that they need is available here. Who has said, over and over again, "you do not need to attend the interview with your SO" and "you do not need an attorney"? Also, please answer the questions regarding your earlier claims in this thread.

All good points Tbone. And exactly what I mean by studying and learning about your consulate. YOU got your visa when you leanred how to deal with that consulate. I never said it was easy at all consulates, I said it is up to the USC and the beneficiary to make it right no matter what it takes. If the consulate will refuse to look at evidence or is known to do that...front load the petition. You know that.

Yes, you were blind sided and YOU and your fiancee corrected the problem and you got your visa. YOU were incredibly influential in your case.

I have ALWAYS encouraged USCs to attend interviews, I went to ours and never regretted it. It is not required.

You do not need an attorney if you are capable of reading and studying and understanding (and willing to do it) I assume people ARE able to do those things, my bad for having faith in people unless they demonstrate other wise. HOWEVER the decision IS YOURS, again another influence the USC has on the process. MY POINT is that the USC has huge impact...for success OR failure in this process. Your decisions make it so.

Edited July 1, 2009 by Gary and Alla

[Gary and Alla 3,694]

All that needs to be highlighted is all of the sex scandals regarding IO's to show that they have too much power and not enough oversight. I realize that last year USCIS created a special hotline to report happenings but I wonder how well that is working...

COs (Dept. of State)? And I still believe that we deserve to see Gary's supporting figures rather than accept his assertions on faith.

Your case is a good example. Can I give you numbers? No. Can I state that if a couple is qualified for a visa they WILL get it IF THEY (again the power of the USC) pursue the matter with the POWER that they have at their disposal, just as you did. Some visas get denied to people who aren't qualified or who did not (through their own errors) prove the legitimacy of their relationship...again THEIR fault going in.

I cannot see how blaming the problems on the nameless, faceless government is of benefit to anyone in the process. On the other hand, informing someone they DO have a lot to do with the outcome is beneficial in that it makes them aware of the power they have to influence the process. It suprises me, Tbone, really...after all you wnet through and finally being successful that YOU would suggest that YOU didn't have anything to do with it. Heck, I have always admired how you worked through everything and were successful. I thought YOU were excellent proof to my point. Maybe it was just luck? Don't you think YOU had a lot to do with it? Even if an attorney did something for you, YOU chose the attorney and chose to pursue justice.

I think your getting a visa in a difficult consulate is much more an example of USC influence than me getting 3 visas in a relatively easy consulate. Maybe you don't agree. In fact your case is a perfect inspiration for my opinion.

Congratulations again.

[Gary and Alla 3,694]

I will just say this to sum up my thoughts. I believe a lot of things I will never say. But I never say anything I do not believe.

I believe my freedoms are in MY hands. I believe I can do anything I set my mind to and am willing to follow through with. I believe I make my own dreams come true. Too much has happened in my life that other people would say "can't happen" for me to believe anything else. It isn't possible for me to believe anything else. I believe anyone can do the same.

I will let someone else to juggle numbers and statistics, but the CO or IO, the President or Congress or my boss or the homeowner's association or an attorney is NOT holding my destiny in their hands...I AM!

I hadn't even heard of a fiancee visa when I proposed to Alla, but it didn't even cross my mind. Why would it? I loved the woman and wanted to be with her the rest of my life...I would FIND the way.

[daboyz 36]

I will just say this to sum up my thoughts. I believe a lot of things I will never say. But I never say anything I do not believe.

I believe my freedoms are in MY hands. I believe I can do anything I set my mind to and am willing to follow through with. I believe I make my own dreams come true. Too much has happened in my life that other people would say "can't happen" for me to believe anything else. It isn't possible for me to believe anything else. I believe anyone can do the same.

I will let someone else to juggle numbers and statistics, but the CO or IO, the President or Congress or my boss or the homeowner's association or an attorney is NOT holding my destiny in their hands...I AM!

I hadn't even heard of a fiancee visa when I proposed to Alla, but it didn't even cross my mind. Why would it? I loved the woman and wanted to be with her the rest of my life...I would FIND the way.

[Roy&katy 1]

All that needs to be highlighted is all of the sex scandals regarding IO's to show that they have too much power and not enough oversight. I realize that last year USCIS created a special hotline to report happenings but I wonder how well that is working...

COs (Dept. of State)? And I still believe that we deserve to see Gary's supporting figures rather than accept his assertions on faith.

Your case is a good example. Can I give you numbers? No. Can I state that if a couple is qualified for a visa they WILL get it IF THEY (again the power of the USC) pursue the matter with the POWER that they have at their disposal, just as you did. Some visas get denied to people who aren't qualified or who did not (through their own errors) prove the legitimacy of their relationship...again THEIR fault going in.

I cannot see how blaming the problems on the nameless, faceless government is of benefit to anyone in the process. On the other hand, informing someone they DO have a lot to do with the outcome is beneficial in that it makes them aware of the power they have to influence the process. It suprises me, Tbone, really...after all you wnet through and finally being successful that YOU would suggest that YOU didn't have anything to do with it. Heck, I have always admired how you worked through everything and were successful. I thought YOU were excellent proof to my point. Maybe it was just luck? Don't you think YOU had a lot to do with it? Even if an attorney did something for you, YOU chose the attorney and chose to pursue justice.

I think your getting a visa in a difficult consulate is much more an example of USC influence than me getting 3 visas in a relatively easy consulate. Maybe you don't agree. In fact your case is a perfect inspiration for my opinion.

Congratulations again.

I will say this and this only. the Guayaquil consulate, I didnt attend the interview. The first question asked was, where is your fiance? Then immediately said we suggest you have a joint matrimonial interview. Every other couple we know of at the consulate, was asked the same question, and was denied at the first interview. So you can form an opinion if you want.

Edited July 2, 2009 by Roy&katy

[Gary and Alla 3,694]

All that needs to be highlighted is all of the sex scandals regarding IO's to show that they have too much power and not enough oversight. I realize that last year USCIS created a special hotline to report happenings but I wonder how well that is working...

COs (Dept. of State)? And I still believe that we deserve to see Gary's supporting figures rather than accept his assertions on faith.

Your case is a good example. Can I give you numbers? No. Can I state that if a couple is qualified for a visa they WILL get it IF THEY (again the power of the USC) pursue the matter with the POWER that they have at their disposal, just as you did. Some visas get denied to people who aren't qualified or who did not (through their own errors) prove the legitimacy of their relationship...again THEIR fault going in.

I cannot see how blaming the problems on the nameless, faceless government is of benefit to anyone in the process. On the other hand, informing someone they DO have a lot to do with the outcome is beneficial in that it makes them aware of the power they have to influence the process. It suprises me, Tbone, really...after all you wnet through and finally being successful that YOU would suggest that YOU didn't have anything to do with it. Heck, I have always admired how you worked through everything and were successful. I thought YOU were excellent proof to my point. Maybe it was just luck? Don't you think YOU had a lot to do with it? Even if an attorney did something for you, YOU chose the attorney and chose to pursue justice.

I think your getting a visa in a difficult consulate is much more an example of USC influence than me getting 3 visas in a relatively easy consulate. Maybe you don't agree. In fact your case is a perfect inspiration for my opinion.

Congratulations again.

I will say this and this only. the Guayaquil consulate, I didnt attend the interview. The first question asked was, where is your fiance? Then immediately said we suggest you have a joint matrimonial interview. Every other couple we know of at the consulate, was asked the same question, and was denied at the first interview. So you can form an opinion if you want.

My opinion is the USC has the power to take control of this. If you are using the Guayaquil consulate...plan to go to the interview. I suggest that to anyone for any consulate.