daboy69

Can anyone please give me suggestions on how a letter of appeal should be done? My fiancee was denied at her interview and I have recd several suggestions to appeal it but need advice on how to start the process and what it all entails.

Thanks everyone, I'd appreciate every help I can get.

daboy69

We filed through CSC??? can you elaborate on what difference it makes, I am really curious to know.

Thanks

Which service center where you processed through ? It makes a difference in what may happen to the petition if it makes it back here. Have your girlfriend write down exactly what happened in the interview. What she was asked , what she said and eny other detail she remembers. You have to refute what the embassy said. If the interviewer asked about how you met and that is where the interview changed tone that is probably the point to have to "prove" you are innocent. This is not innocent until proven guilty. This is interviewer woke up in a bad mood and you two are paying for it.

What will happen to our case now... should we just get married and file IC/CR1 instead?

Probably not. See this article

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

If you let them deny the K-1, and then marry and file K-3 or CR-1, you might have the issue of misrepresentation on your record, despite the fact that you didn't necessarily misrepresent anything specific. The bureacracy gets crazy. Respond to any attempt to deny.

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).

...

What exactly was the misrepresentation? Nobody seems to know. DOS doesn’t give you a specific answer. The lawyer doesn’t know. And most importantly, the petitioner and beneficiary are clueless. They’re in sort of a Kafkaesque position. They’re accused of misrepresenting something. But nobody tells them exactly what they have misrepresented. This problem could have easily been avoided if the petitioner had simply responded to the NOID letter and argued the merits even though the couple had married.

thank you lucyrich for the article.... it seems consuls are under strict guidelines to justify a denial, or did I undertand this article wrong..... maybe that's why they placed it under other: and put relationship for immigration purposes only. Seems to me they believe that we "HAVE" a relationship but thinks she is only in it for the green card is how I interpreted this. Is it possible for uscis to turn this decision around since it is being sent back to them for "reconsideration"

Thank you pushbrk: i think she was also so nervous and she couldnt think straight and possibly stuturred alot.

I had monies set aside for her flight, adjustment of status and wedding, looks like i will have to use those funds!!

Thanks everyone... I really appreciate everyones concerns. I just hope that we can recover from this and that there will be a light at the end of the tunnel for us.

Thank you!!!!

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

Hire an immigration attorney in Manila immediately, so that they can arrange for you to attempt to overcome this decision before the case is returned. The petition approval expiration is the least of your worries.

Particularly in Asia, being introduced by a family member can be a huge red flag. If you are Filipino as well, even more so. The first item on the agenda would be to get as detailed a report on what happened at the interview as possible. It needs to be as close to an actual transcript as your fiancee can possibly manage to remember.

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

OK I will try to ask for help. How soon do they usually send it back after interview. I read on other posts that once its sent back that K1 are hardly ever looked at by USCIS and just let it expire. This has been such an expensive process and to think that we have to start over is overwhelming.

HAOLE.... she brought everything possible, i think its because i am 15 years older i dont really know, all we know is there was enough evidence to support our relationship. i made 2 trips, engagement pics, trips, boarding passes emails, cards and many others.... she said they almost let her have it but there was a pinoy saying otherwise. what happens if its expired befire we hear from uscis? what other options do we have? they did not give her the option to show more proof.

PLS help!!! i feel like my world ended.. my fiance told me that she got denied a visa at interview yesterday and they checked "OTHER" on the form and put "relationship for immigration purposes only" and said they are to send our file back to uscis for reconsideration.... I dont know what to do. our approval notice had an expiration date of March 6, 2009. What will happen to our case now... should we just get married and file IC/CR1 instead... any advice would really be greatful we are both so heart broken and depressed right now

I will fill my timeline soon....