Petition Refused: How to proceed next?

January 11th, 2012 by Matchmaker | 3 Comments | Filed in Denied visa, Fiancee Visas, Spousal Visas

I receive telephone calls from other people, (other people for they were not my clients, they prepared their applications themselves, or used a lawyer), who call to talk about their shock and disappointment after talking with their heartbroken girlfriend their petition was refused.

They request: Are we able to sue the consulate? Are we able to appeal? Can my Congressman help?

Yes, to any or all these questions. But heading down that path is usually an unsatisfactory waste of time and cash, as none of those actions brings your companion nearer to reunion along with you in the united states.

What you can do, that’s Helpful?

Short answer: Do not get Refused to begin with. The very first time are applying ought to be the ONLY time you have to apply. Seek information, understand why the consulate declined couples previously, then avoid repeating exactly the same mistakes. When the consulate needs a proper engagement, or multiple outings, or perhaps a lengthy courtship …. do precisely what it takes before you decide to submit your petition. And make certain you provide abundant and credible proof that that there’s no fraud, that you’re a pure, genuine, ‘bone fide’ couple planning for a future existence together.

Even though it is certainly affordable to organize all of the documents yourself, I suggest you hire me to personally assist you to. My record is 100% approval.

Lengthy answer: Begin Again.

If refused, your main effective choice is to begin again, repeating the whole process again. You have to perform a better job this time around. Around the plus side: you’ve more durability inside your relationship, you’ve more evidences, and also the fact you’re persisting and seeking again contributes to your credibility.

Study your mistakes. Sometimes, the consulate supplies a letter, explaining at length why the petition was refused. This ought to be analyzed carefully and action come to correct what you could. What cannot be directly remedied, could be generally overcome because of the truth that your relationship presently has a lot more durability (a minimum of annually) the 2nd time are applying.

Frequently however, the vague reason given for denial is ‘the couple wasn’t found bone fide’. Essentially this means that the consular officer’s intuition told him to deny. You haven’t any real solid details to take. It is important to try your very best to determine what went wrong. Request your girlfriend to explain the job interview at length:  What questions were requested, what comments were created, what body gestures happened? Try to determine which maybe it was the consulate officer was worried about, found suspicious or responded adversely to?

Did he request lots of questions regarding your boyfriend or girlfriend-wife? particulars concerning the marriage proposal? wanted to understand about finances? Who introduced you and also why? Said around the courtship happening prior to the divorce was final? Whatever appeared to visit wrong, that’s something you’ll have to correct and address, for the following time. Use additional evidence to best advantage: You ought to have done a complete job in supplying evidences of the relationship whenever you filed your original petition.

Quite a few the phone callers mention they provided the ‘rookie’ mistake of not supplying sufficient supporting evidences of the relationship. If you didn’t do this job well the very first time, now’s the time to get it done properly. Or request in my help. I strongly believe the most crucial part of the papers are evidence from the ‘bone fides’ of the relationship, this is where I spend probably the most effort and time whenever using clients. Helping these to tell their story inside a logical and convincing manner. As the relationship reaches least annually older then at that time it you initially applied, you have a whole years price of additional evidences to increase your petition.

Enlist Support of the Congressman

You can request your Congressman to assist have an explanation of the reason why you were refused.  I’ve come across this done, truly without any useful results. Usually the answer acquired is ‘they weren’t thought to become bone fide’, full stop.  A much better utilization of your Congressman would be to contact him when your fiancee’s second interview is scheduled, simply tell him the particulars of the situation, let you know that sincere and bone fide your relationship is, and request for his help. This usually leads to an e-mail from his office towards the consulate a couple of days prior to the interview, counseling the Congressman is personally thinking about your situation, and asking the consulate to advise the outcomes following the interview.

This isn’t a note in the Congressman promoting your situation. However it serves to place the consular looking at officer on observe that if the situation be refused, he’ll be likely to report a good, recorded reason. Most cases are declined based on the ‘intuition’ from the looking at officer. The expectation that detailed written documentation is going to be needed just in case of denial has a tendency to influence the consular officer to locate a solid reason behind denial, and when he’s not able to do this, then to approve.

Request Waiver

The current IMBRA laws and regulations restrict using K1 visas by American sponsors. Two limitations are that the American is restricted to 2 K1 visa applications in the lifetime, and they are unable to be posted within 2 yrs of one another. Then when using immediately, the 2nd time, for the K1your petition will have to incorporate a request waiver from a minimum of one of those IMBRA limitations, despite the fact that you’re using for the SAME girlfriend.

K1 or Spousal Visa Either visa needs the equivalent evidences. If you’re living together, marriage does look much better than only remaining engaged. If however the connection is lengthy distance, marriage but nonetheless living far apart only marginally makes your relationship appear more sincere. The spouse visa takes about twelve to fourteen several weeks to process as the K1 visa takes only 5- 7 several weeks to process. Generally I suggest couples whose K1 Visa continues to be refused, to try to get the K1 visa again because it is faster.


No photo of Meeting: How to proceed?

December 9th, 2011 by Matchmaker | No Comments | Filed in Bone Fide Relationship, Evidence of relationship, Fiancee Visas, Ho Chi Minh City, K-1 Visa, K1, Vietnam

I met a girl who had been an excursion guide within the Mekong Delta for the group. I didn’t possess a photo taken of us since i did not intend to bring her right here in those days. Could it be mandatory which i return to The Mekong Delta in Vietnam to possess A number of photos taken people together? This isn’t fraud…just conditions when i would rather spend the environment fare money to create the woman here instead of that i can shuttle myself. Thanks for the great work you need to do. John 91320

The generic response is, you can get those who were in your tour to create affidavits and swear that you simply and her were around the tour together, which they saw you investing time together.  Such affidavits might be used instead of a photograph to convince prove you really met personally.

The particular answer for Vietnam is: Vietnam is easily the most difficult publish to obtain a Fiance visa from. The proof you have to provide to possess any possibility of approval, is a lot more troublesome than simply showing you and also her were in the same location simultaneously.

The HCM consulate officers require that you make several trip, expect a lengthy courtship before an offer of marriage, and expect a proper engagement party, Vietnam style. If you’re seriously interested in getting married to this woman, or any woman from Vietnam you’ll have to place in time, effort and cash. I’m sorry to create not so good news, however i always tell clients “like it truly is”, even when it’s not what they want to hear. Presuming you decide to proceed  (I will help you whether you listen to me more outings or neglected)


Timeline + Costs for K1 Visa

November 11th, 2011 by Matchmaker | No Comments | Filed in Fiancee Visas, I-129F, K-1 Visa


Couple includes a genuine relationship (courtship).

They’ve lately met face-to-face.

Both are ‘free to marry’.

They plan to marry..

The United States Citizen submits the K1 Visa Petition to USCIS (Homeland Security).Fee: $340

USCIS looks at the petition and also the FBI conducts experience check.

Presently USCIS takes three to four several weeks (normally) to accomplish their review and approve the situation .The situation is passed onto the united states Department of State’s National Visa Center, in Vermont (NVC). NVC transmits the united states Citizen notice they’ve absorbed processing, and also have sent it towards the US Consulate nearest the Girlfriend.

It takes approximately 30 days from the moment USCIS grants up until the Consulate receives the situation. Then the Consulate contacts the Girlfriend via mail, telephone, or otherwise whatsoever (sometimes she’s likely to refer to them as first).  She will get additional instructions and much more government forms to complete. Generally, the consulate interview is scheduled one to two several weeks later.

In Philippines the operation is extremely efficient and fast. Interviews could be arranged as quickly as three to five Days after USCIS Homeland Security grants. In Vietnam it might take two to four several weeks later prior to the interview is scheduled. Per week approximately just before the job interview, she attends a medical in a clinic authorized by the Consulate. The clinic costs vary between $150 to $200.

Also, just before the visa interview, she pays the Consulate a visa application fee of $350. This really is typically paid in a local bank, publish office or in the consulate. At the interview she’ll be requested to provide identification documents, forms needed through the consulate, an Affidavit of Support and earnings proof from her US Fiance (showing his earnings is enough) in addition to evidence of her ‘bone fide’ relationship using the sponsor.

The consular officer asks various inquiries to confirm (in the opinion) the relationship is reputable.  The choice on whether or not to grant the visa is generally made ‘on the spot’.

Her passport and visa is came back by courier usually inside a week from the interview.The visa is valid for 6 months. She has to start her journey towards the USA prior to when the 6 months has ended. As soon as she arrives in the United States she has 90 days to marry her Fiance, or go back home.

Following marriage, the ultimate step is to use for Adjustment of Status to become approved for permanent residency. The pair submits another important petition to USCIS (Homeland Security). Filing price is $1,070. Doctor’s overview of her Vaccinations $100 After about 30 days she visits a USCIS office for fingerprinting and photo.Finally, three to six several weeks later, she will get her Green Card which proves she’s permission to stay permanently in the united states.


Petitioning for kids of the Fiancee or Spouse

October 6th, 2011 by Matchmaker | No Comments | Filed in CR-1, Dependent Children, Fiancee Visas

In case your Girlfriend or Spouse has youthful children, the issue always is: Will we make an application for Mother and child simultaneously, or is it more beneficial to allow mom come to the USA first, then apply for him or her later?

It is extra cash to petition for him or her, and new couples want ‘private time’. Petitioning Later, is really a much less attractive process.  What most couples don’t know, is the fact that petitioning for the child later, is really a much SLOWER process. Presently waiting time is three or four years. The time needed,  depends on altering annual immigration quotas. And until lately it had been reduced: 4 to eight years. What it will likely be the coming year is not known.

Don’t separate Mother from Child

As a matchmaker I counsel any new husband who wants a contented marriage,to prevent separating a parent from her children for such lengthy periods. The most crucial factor to understand, is when the kids are qualified, their permission to go in the United States is going to be approved JUST As quickly as your visa qualifies.

If you wait first for  Mom to makes hers way into the United States, the time required for approval for him or her is a lot longer. With respect to the nation they’re originating from, the present delay is all about three or four years, from the moment mom is applicable, that is AFTER she will get her Green Card.


The main reason Mother and child together are processed considerably faster than Child alone is due to who’s the state sponsor from the petition. If the American citizen sponsors his Girlfriend and her child, or his new Spouse and her child, the federal government stretches towards the US citizen a ‘courtesy’ by speeding up his request. Girlfriend visas presently take 5 to eight several weeks, and Spousal visas take 12 to 14 several weeks. For that couple these appear like lengthy occasions to hold back. But so far as immigration is worried they are quite fast processing occasions. The American citizen whether he values it or otherwise, gets special courtesies by Immigration.

No Expedited Service for Legal Permanent Citizens

Following the mother has joined the united states, marries and receives her Green Card, she’s now a ‘Legal Permanent Resident’. She’s permitted to reside in the USA but she isn’t an American citizen. When the youngsters are requested later, it’s not the US Citizen step-father sponsoring the petition, but it’s Mom who’s the sponsor.  Since she is just a ‘Legal Permanent Resident’, she isn’t titled to ‘expedited treatment’. Her request is lumped in with the other siblings, siblings, parents, cousins, etc from her country who wish to immigrate towards the USA.  Every year quotas are positioned for the number of immigrants from each country are permitted in. Every year the quota changes, and every year the processing delay time varies up or lower.  K1 Visa Petition easily includes Children.The K1 Visa papers are particularly made to easily include dependent children (younger than 21).

There’s no extra charge when filing the I-129F petition to USCIS ($340 without or with children). The kids get approval as rapidly because it takes for that expectant mother approved, only 5 to eight several weeks. The kid doesn’t have to visit immediately using the mother and may join her in the united states up to and including year later.

Spousal Visa isn’t Child Friendly.

The Spousal visa CR-1 is really a request immigration, for just one person only, the spouse of American citizen. If you will find also dependent children to immigrate (younger than 18), the united states sponsor must submit additional I-130 applications,one for each individual (Mother plus each child). The price is $350 to USCIS per individual. The applications if posted together, ought to be processed and approved together, in just 12 to 14 several weeks. The kid has 6 several weeks after issuance from the visa to go in the United States.

I suggest: Includethe kids when you make an application for Mom. Don’t start your marriage off around the ‘wrong foot’ by separating mother from Child.Because of its faster processing time, and it is ease to incorporate the kids, I suggest getting engaged, using for  K1 Visa, then marriage in the United States. If ‘alone time’ is required, the kids can start their visit to reunite using the mother up to and including year after her K1 visa is granted.


Simple forms don’t mean Simple Process

August 23rd, 2011 by Matchmaker | No Comments | Filed in Bone Fide Relationship, Fiancee Visas

Visit The forms there make using for any Fiance or Spouse visa look as easy as using for any driver’s license.  Anybody can fill in his name, address, Mother’s birthdate, pay a charge along with a couple of several weeks later his bride-to-be arrives. Easy-Peasy.

Where most petitioners enter into the issue here is they don’t observe that somewhere in the center of many of these ‘fill within the blank’ questions, is a terribly important ‘essay question’. This should be clarified completely and well. Otherwise done correctly the whole petition may fail.

Provide EVIDENCE you’ve got a genuine relationship

I received a phone call from the guy who had just came back from Vietnam. He’d spent one half year together with his partner, was there for that delivery of the baby. But he didn’t provide enough evidence together with his original petition, and apparently they didn’t believe they have to bring much using the girlfriend towards the consulate interview. His petitition was summarily refused. I’m now dealing with him to submit an effective petition. (he’d done his refused petition themself). I really hope inside a year, his girlfriend and child is going to be reunited with him.

Plus i got a phone call from the woman, a naturalized American initially from India, her girlfriend had been given a blue slip in Mumbai. Nowhere slip requested exactly the same critical question ‘provide evidence you’ve got a genuine relationship’. These were lucky, because they received another opportunity to provide it.

Most couples in similar conditions just get refused.

I assisted her assemble an effective package of evidence, and convinced her to visit to India using the ‘mini petition’ I’d ready to demonstrate by her presence, her truthfulness meant for the petition. It had been approved and she or he and her fiance traveled together to Los Angeles. Petitioners who submit just the fundamental USCIS forms, as well as the ‘usual’ suspects of identity documents, but who don’t records supporting proof of the connection, are putting their petition in risk. Supplying the minimum of documentation, then wishfully thinking, ‘my girlfriend will have the ability to explain everything throughout her interview’, will get couples into trouble. A great petition ‘Prepares the beach’ with ample, well selected, compelling proof, to ensure that the consular officer after he looks at the file just before the meeting, begins the session with ‘a good feeling’ concerning the couple.

If enough good evidence is presented correctly the lady must have a enjoyable ‘soft ball’ interview.  Otherwise, she could leave the consulate in tears. Regardless of what, whether your girlfriend can ‘think on her behalf feet’, whether you assume it’s ‘obvious to anyone’ your relationship is reputable, even when you intend to go to the job interview yourself, make certain you provide abundant and quality evidence inside your petition to show the bona fides of the relationship.