Forum > Immigration and Visas

Denied- Lesson Learned the hard way

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Fosgate5:
So I've been on this forum for about 4 years now. I did my research, looked out for the traps, scammers and vetted my current fiance pretty hard for the first two months ( and she did the same to me to make sure I wasn't playing her or some human trafficker) and still had my head on a swivel even past when I proposed to her April of 2017. Took a couple months to decide if I wanted to do a K-1 or go get married and do a CR-1. You always think you know someone, but as a lesson learned from my ex-bag-o-guts, there can always be a surprise waiting to be opened. So my fear was as some have mentioned of getting married and found out they were previously married and the chance of getting it annulled was the chance of hitting a $500m Powerball. K-1 seemed so easy, I saw one person post 95% approval rate coming through the Manila Embassy, "they are people too" and understanding and will often get back to you with paperwork you may need. Another thought was about looking at the people on 90 day Fiance, if some of the people that make it through onto that show we have to be a shoe in. Paperwork didn't look so bad, me being in the insurance industry deciphering policy ,writing legal documents, history of doing paperwork in the military and complex paperwork for the ATF. I got this I'm thinking. I worked through the lists, found all the docs and process I needed. Got my Petition approved in February and Embassy Interview on May 15th. I was totally confident and so was she as she downsized her possessions to a suitcase and a carry on. Waiting for the word that she got it, turn in her two weeks notice, attender her "Beware of human trafficker dirty american boyfriend" Class and board a plane. That's what we thought.

Instead, I get a message. She was denied. I was in shock. For what? She sent me a photo of the document she got. All it had checked, "X-It was not established that the beneficiary and petitioner have a bona fide relationship." As in Bona Fide (Sincerly, without intent to deceive) and the consulate officer just signes off "R.O."  I'm going back through what all I sent, Chat logs from Facebook from 2015 and 2017 after we got engaged. Photos from our trip to Coron and Bohol together, photos of her ring with reaction of our friends, receipts from restaurants together, plane and hotel reservation and receipts. The only thing I did not have from the list of suggestions was photos of me with her family. For good reason, her father died a few years back and the family live on Mindanao which is not recommended for travel per advise from the U.S. Embassy. Looking back I should have maybe written a letter in basically love letter form of how we met, how we vetted each other, described our love for each other and put the reason for no family photos. I figured, they didn't ask for it in the documents so if they want it, they'll ask for it or I can talk to them.

I was totally wrong. Denied, no letter has gotten back but it's not good. I wrote that letter and emailed it to the Embassy Visa Section asking for a Consulate Supervisor to please review our case for reconsideration. I contacted my Congressman and forwarded info to a case worker there to contact a supervisor there. I doubt they can do much but it's worth a try. I called the embassy last night and felt so angry after I got off the phone. Spoke to a nice woman named Mary. The general rule is there is a yellow document like we got and a white document like we got. Both look identical but one of them asks for additional information and the other is not...it is just a simple denial. But I am welcome to reapply again as if it's as simple as ordering a pair of shoes. Or I could "simply get married there to satisfy the bona fide relationship...." I was dumbfounded and pissed.

So basically now is wait for the letter and see if by some strange chance that a supervisor actually reviews it before they close it. Once it is closed its a done deal. I'm not going to pay $630 non refundable to appeal it and wait more than a year. I'll simply move forward with going there again, get married and bring her back on the CR-1. Only this time I'm retaining an Immigration Lawyer. This time I'm sure I'll be on their radar and under a scope.

My opinion on the K-1 is this. Just as we form an opinion when we see photos of couples, shows etc and have our own prejudices and beliefs so do the consulates. I work in the world of insurance claims and I quickly form personal opinions of people who try to inflate or falsify their claims through deception and I watch adjusters fall into the trap of trying to become a wall of justice so to speak of right an wrong without solid proof but they are acting on their belief. They are held to a high level of accountability for their mistakes and their actions in "bad faith." and paid on their performance of not trying to pinch pennies, but overall how they work with insureds, agents and the company to pay what is owed and act on the insureds behalf if ambiguous and they would reasonably expect insurance to pay. What standards are the consulates held to? They don't get paid for performance, they can't easily be fired as a govt employee so fear of job loss really doesn't pertain to them. So what is their motivation? It's all personal for them and that's why with nearly every govt agency you get these people who could really give 2 chits about you. I don't know if this guy had a case of the Mondays and being the first 7:30 am interview or what, but we put ourselves at the opinion, prejudices and discretion of an individual that ultimately refused us.

I should have known better that the nature of working with govt employees has not changed one iota and if you have a problem they toss you into redundant cleansed, boxed answers and direct you to absurd bureaucratic process and paperwork. You break it down barney style and they will just find a dumber dinosaur to complicate the issue. That process was the waste of over a grand aside from all the anguish we have gone through the last couple days not to mention most importantly 9 months. My advise is not to do the CR-1 route like people often mention here "Because it's easier." Do it because your not subjecting yourself as easily to the sole discretion of one dip [snip] that may have had a bad day and just feels like reciprocating it to you or doesn't like how you look or she looks or how she looks at them in and interview etc. Lawyer up as well...as much as I hate those blood suckers. I think ultimately if you want to save a lot of headache start with one to get a first time pass.

Oh, and R.O. if your reading this. I hope your wife is pulling a train with 3 GI's while your at work.

Elexpatriado:
Really Sorry to hear that.Doesnt seem fair at all.
 
Maybe you should have married a Colombiana. The Bogota US embassy is letting in all the obvious scammers who intend to work illegally as  as strippers and the like, or to scam some American into marrying them for a Green Card (Know of several cases personally).
 
Trumps people must have infiltrated the Manila Embassy already.
 
Another reason to move overseas and not bring a woman back to your home country.
 
Women are enough stress already without having to worry about all that bureaucaratic political crap.

Ray:

Unless they agree to reopen your case, looks like your best option is the CR-1. But even then there is still a chance for denial if you get some butt-head visa interviewer.

If you plan ahead, you should be able to have a simple civil ceremony on a two week trip.

But of course you will need to wait another 9-12 months probably after the wedding.

I generally don't agree that a lawyer is necessary, but in your case it may be a wise choice. Find an immigration attorney who is a member of AILA.

Good luck!

Ray

robert angel:
To deny even in part, because a US Citizen did not dare visit the ARMM region (Autonomous Region of Muslim Mindanao) of Mindanao, is just awful. I know that most sensible NATIVE, non Muslim Filipinos dare not visit there. And that's where Fos's fiance and family lives. Yes, some wonderful Christians somehow manage to live and work there, but again, few non Muslims from within the Philippines dare to go there. They know they're not welcome. It's a damn case of hypocrisy, IMO.

USA govt's own site on the subject:

The Department of State warns U.S. citizens to avoid all non-essential travel to the city of Marawi, Mindanao and the Sulu Archipelago including the southern Sulu Sea, and to exercise extreme caution when traveling to other regions of Mindanao, due to terrorist threats, insurgent activities, and kidnappings.  Similar threats also occurred throughout the Philippines in 2017.  This replaces the Travel Warning dated December 20, 2016.

There is a threat of kidnappings-for-ransom of foreigners, including U.S. citizens, from terrorist and insurgent groups based in the Sulu Archipelago and in the southern Sulu Sea area.  This area stretches from the southern tip of Palawan, along the coast of eastern Sabah, Malaysia and the islands of the Sulu Archipelago, up to Zamboanga City, Mindanao.  The U.S. Embassy requires U.S. government personnel to obtain special authorization before traveling to Mindanao and the Sulu Archipelago."

https://ph.usembassy.gov/security-message-u-s-citizens-security-message-u-s-citizens/

robert angel:

--- Quote from: Elexpatriado on May 16, 2018, 01:42:34 PM ---
 
Maybe you should have married a Colombiana. The Bogota US embassy is letting in all the obvious scammers who intend to work illegally as  as strippers and the like, or to scam some American into marrying them for a Green Card (Know of several cases personally).
 
Women are enough stress already without having to worry about all that bureaucaratic political crap.

--- End quote ---

Well, he's only got four years of his life invested in vetting and really getting to know this woman. I'm sure as you again describe Colombianas, it's soooo appealing to Fos that he's gonna drop her cold and be on the next jet to Medellin, sniffing up some pole dancer to bring home to Mom.

Thanks in advance for another one your astute and valuable contributions.

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