How can they deny outright?

Gator says on Jul 14, 2006, 13:46:

All He Has To Do.... is file the additional information requested-even though your post lacked sufficient info to form a real reply that might help.

"SIC FRIATUR CRUSTUM DULCE. OBESA CANTAVIT."

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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divina22 says on Jul 15, 2006, 15:15:

Sorry, I was in a state of shock The #$%hole that interviewed him did not give him an opportunity to provide more evidence AT ALL!!! Simply told him there was not enough evidence and denied him outright. In most people's cases I thought they gave you an opportunity, if there was not enough evidence, to provide more at a later date. But this guy that interviewed him gave him nothing but a denial. ABSOLUTELY NOTHING!!!!

I am so upset right now, I'm sick. It all boiled down to who interviewed him, he came with tons of stuff that we had worked on together (I was there the week prior) and we got everything in order, photos, e-mails, phone call records, receipts of packages sent back and forth, one year of bank statements, all the financial stuff, quotes for our wedding dinner here in the States. None of that was sufficient for this guy (I'm being quite nice right now calling him a guy).

He asked him a hundred questions, asked him to show photos, e-mails, phone records, misc. receipts, stopped in the middle of it to chat with another guy behind the glass, the whispered to each other, then laughed like they had just heard the funniest thing then proceeded to ask more questions, and then at the end, said the visa was denied because there was not enough evidence, That's it! All the waiting, all the time, all the money, all the patience, all of our plans are ruined beacuse some guy, who was probably miserable, decided to take out his misery on two people who are madly in love with each other and ruin their lives. DAMN, I am soooooo upset, so frustrated, I don't even know what to do. I haven't stopped crying, everytime I think about it it makes me sick to my stomach. It's all down the tubes, all of it, down the tubes.

Now what do I do? Many have told me to start again, do the same thing again, that it will show them that we are not playing around. Is there a time that I have to wait before applying for the K-1 again? Does anyone know? Should I try the K-1 or should I plan to go down there and get married and come back and start the K-3???? I need you help guys! I'm a wreck and so confused. Please help me!!!!

Winners have simply formed the habit of doing things losers don't like to do.......

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utopiacowboy says on Jul 15, 2006, 19:24:

Several options. You can go to the embassy and try to persuade them to change their minds. Or just get married and apply for the K-3.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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divina22 says on Jul 16, 2006, 05:02:

That's what I am considering... Some have said I can contact my congressman and they might, at the least, get us the opportunity to provide the evidence they say we are lacking. Do you know anything about that?

Winners have simply formed the habit of doing things losers don't like to do.......

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Gator says on Jul 16, 2006, 08:32:

The Only Thing I Can... is perhaps failure to make a declaration of how you met IN PERSON in the last two years. Generally speaking this would be copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. Did you provide a letter of intent to marry from each of you? Generally something like this,
"I, (applicant’s or beneficiary’s name) , do hereby state that I am legally able and willing to marry (petitioner’s or beneficiary’s name), and intend to do so within 90 days of my arrival into the US using the K-1 visa."

From what you said it sound like you had it together. You could a request your congress person (forget your senator unless there is a personal relationship there) to request a letter of explanation from the embassy visa section. The K 3 route is certainly viable but you need, if possible, to determine why the denial was issued. To me, though I doubt it, there must have been something that indicated marriage fraud to the examiner.Most of the time this is a failure to disclose a prior minor criminal offense or a failure to disclose a visa overstay during a previous visit to the US. It isn't necessarily the minor crime or the overstay that caused the denial, but the applicants did not admit to them before the interview.

Good Luck

"SIC FRIATUR CRUSTUM DULCE. OBESA CANTAVIT."

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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utopiacowboy says on Jul 16, 2006, 09:10:

Gator raises some very good points. You ought to talk to your fiance and make sure that there is nothing in his past that he hasn't told you about.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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divina22 says on Jul 17, 2006, 09:36:

Nope, nothing like that I saw his police certificate, he's never EVER been outside of Medellin, never been on a plane before (going to Bogota for the interveiw was his first time). I sent boarding passes, etc. with my origibnal petition, then sent more along with him from my tripin April. I gave him all I could form this past trip lastweek (couldn't give him my boarding pass cause I left on Monday the 10th and he flew out to Bogot on the 12th early a.m.

I'm telling you guys, I had all my ducks in a row, that's why I am so freaking out......

Well, I just sent the letter to the Supervisory Consular Officer. I am waiting for my boss so he can speak to his dad (who is personal friend swith both my congresswoamn and both Senators, so let's see what happens. I'll keep you guys posted. Thanks so much and any additional help or advise would be PERFECT!!!!!!!!!!! Love you guys!!!!

Winners have simply formed the habit of doing things losers don't like to do.......

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Gator says on Jul 18, 2006, 10:41:

If You Want to Wade...

through this it is an exhaustive list of visa denial criteria

USC Sec. 1182. Inadmissible aliens (http://www.washingtonwatchdog.org/documents/usc/ttl8/ch12/subchII/ptII/sec1182.html

also the USSD Foreign Affairs Manual Volume 9-Visas might provide some insight-neither can be considered "light"reading by any stretch of the imagination
http://foia.state.gov/masterdocs/09fam/0940041N.pdf

The personal access to a senator might be the key. Former Senator Bob Graham was a fraternity brother at in the same time as was my younger brother at the U of Florida and my brother's wife was matron of honor in his marriage. I was an SAE at U Florida also but was ahead of the senator. That saved our bacon but it took a personal conference call between the senator, myself and the liaison office at the embassy to clear the air. I will tell you this-after that call everything moved so fast we burned out two sets of track shoes in getting everything together-like ten days. For what it's worth your senator's influence is about 100 times better than that of a congresspersons.

"SIC FRIATUR CRUSTUM DULCE. OBESA CANTAVIT."

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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divina22 says on Jul 19, 2006, 05:34:

OK so here's the deal I wrote two letters to the Supervisory Consular Officer....... after waiting yestedray for a return phone call form a very respected immigration attorney here in Miami (which never came), I decided it's time to call the Consulate. So, my fiance called, spoke to a girl there, explained the situation, told her that the case was denied because of lack of evidence by the CO, but he didn't give him any piece of paper or anything. So, she gave him another appointment. Does this sound right? Has anyone heard of this happening? So, naturally, the time ran out on his pin, so I called, with him on the line. I spoke to another guy, told him what had just happened, he confirmed that the appointment was scheduled and explained that we need to bring in everything that he brought in at the original interview, plus more evidence and that we would have our case reviewed again and if approved he will get his visa the next afternoon. So, the first girl told him his case would be reviewed, the second guythat I spoke to saidf it was like a review but also like a second chance and taht's why we need to bring all of our evidence, plus I asked him if he thought I shoudlbe tehre he said yes, it woudl help. Has anyone heard of this before????? Is this our second opportunity? I'm not sure if it was the letters to teh Supervisor or if they realized that his inetrview was sort of incomplete because no one gave him any paperwork......... anyone?

Winners have simply formed the habit of doing things losers don't like to do.......

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Gator says on Jul 19, 2006, 06:53:

Sounds Like.... you might be "on your way." I would review the links I posted to make sure all the "t's" are crossed and the "i's" dotted. Usually, if an additional interview is granted, there was nothing in the original interview that would exclude him by federal law.

What they do really does not make any since at times. Example: Several of the wife's sisters and a 16-year-old niece applied for B tourist visas. Two of the sisters and the niece were given visas. One sister was refused (this was the same day) because she was "two young." She is 54.

Good luck and let us know.
"SIC FRIATUR CRUSTUM DULCE. OBESA CANTAVIT."

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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divina22 says on Jul 20, 2006, 05:09:

Thanks Gator! I did review all of your information... good stuff! I will definitely be prepared this time (1000+ e-mails,50+ photos and more phone records......) sooooooooooooooooooooooooooo, wish me luck! I'll let you know how it goes!!!!! Thanks again! ;)

Winners have simply formed the habit of doing things losers don't like to do.......

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crazi4cali says on Jul 20, 2006, 17:31:

Sorry Divina! I read your story and wanna say "I'm shocked" but, I am not. They did the same thing to my wife but, her second interview went better and she was granted the visa. All she had was about 10 more pictures in addition to the stuff from the day before - but, I guess it was enough.

I called the embassy on the day of her second interview and spoke to a supervisor... she said there are a lot of cases of fraud so, they are very critical of people.

They act like the gatekeepers and I agree that the system needs some improvements! I don't know what the answer is but, I will say a prayer for you both!

If you can go down, I would... I bet it would help your case!

Crazi4Cali

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divina22 says on Jul 21, 2006, 04:56:

Thanks Crazi! I know you were going through the same thing, but the crazy thing is that they gave him no paperwork, he just left, so it was unclear to me what had really happened. All he said was that they said there was not enough evidence and I left. Which made me go even more crazy cause I know if that's the case, he has an opportunity to go back, so he flew back to Medellin that evening and we spent all weekend trying to understand why until I made a move on Monday to send letters, then follow up with a call. I believe they didn't follow through with him on letting him know what the next steps were so when we called they gave him an appointment right away. So, yes, I will be going down there I will bring 93 more pictures and about 1,800 e-mails, plus this month's phone records, and with myself being there, I would hope that they will see that this is not a fraudulant case....... thanks for the prayers, I will take all I can get!!!!!! :) I'll keep you all posted on what goes down!

Winners have simply formed the habit of doing things losers don't like to do.......

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msddaytona says on Jul 24, 2006, 13:29:

Sorry to hear of your interview tragedy. Why if you were down there a week before the interview just not stay for the interview. I am a gringo and went to the interview with my Colmbianita and we had no problems. TRY AGAIN. If and when you get reunited it wil be the best thing that ever happens to you.

Also if you want a good lawyer...The one I used was great. Her name is Antoinette. Respond to me and I can give you here number.

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divina22 says on Jul 24, 2006, 16:38:

Thanks daytona... I'll let you know if I'll need one... hopefully this time around will be much better than the first. I think with me being there and the amount of evidence we are going to bring, it should be MUCH better! I couldn't stay another week due to my responsibilities at work. I thought about it, but with the expense to change flights, more hotels, not just for me but for my son as well, I just couldn't do it........ butI'll let you know how it goes..... keep your fingers crossed for me!! :)

Winners have simply formed the habit of doing things losers don't like to do.......

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