Category: Denied !!

What to do if Visa is Denied

What can you do if your Fiancee or Spousal Visa is denied?

Two to three times each week I get calls from distraught Americans, who are reeling in shock and disappointment after hearing from their heartbroken fiancee or spouse their visa petition was denied. I am sorry for their distress, but glad to say they were not VisaCoach clients. They attempted this process alone, or used a cheap online form filling service or used an unseasoned attorney or consultant. And now, after disaster, finally are calling VisaCoach. Too bad they did not find me sooner.

 

“The consular officer treated my partner rudely and unfairly”

“Can we sue the consulate? Can we appeal? “

Yes, all those actions CAN be taken. Unfortunately, none will bring your lover closer to reunion with you in the USA.

What can be done, that is USEFUL?

Don’t get Denied in the first place. The first time you apply should be the ONLY time.

In most cases winning or losing the visa occurs not at the interview, but in what is done before the application is actually submitted and how complete the application is.

The requirements for approval at each consulate are based upon the local culture and societal norms of the country where the consulate is based. Each has their own “sub rosa” (meaning secret and unpublished) guidelines for what a bona fide couple is expected to have done during their courtship and what proofs and evidences they should reasonably have. Some consulates require a formal engagement, multiple trips, a long courtship. Some consulates are hyper suspicious regarding red flags, such as significant age difference, multiple prior marriages, english fluency, how the couple met. A different consulates may not consider these as issues at all.

This is where the higher VisaCoach standard, for crafting “front loaded presentations” wins the day. The consular officer always reviews the case file before the interview starts. To the cursory review, he brings a blank pad of paper, where he plans to list areas that appear suspicious, so he can drill down on those issues during the interview.

The VisaCoach method is to start by advising you on what you should do to satisfy your consulates expectations on what makes a bona fide couple, and showing you how to document what you should do, and finally to include those evidences by “front loading” them into your visa application. I help you write a letter to describe your courtship, relationship and plans for a future together. And if there are any red flags the consulate may be concerned with we explain why they should be ignored.

The final result is that the consular officer during his review of the application, immediately before the interview begins, finds many good reasons why he should be comfortable to say yes, and approve the visa. When we convince him during his quiet review and deliberations that he should say “yes”, and have mentally prepared him to say “yes”, we have prepared the way for a short and friendly interview that ends with “Welcome to the USA”

What REALISTICALLY should be done If Denied?

Answer: Start Over

On denial, USCIS advises “you may appeal the decision”. In practice, appeals are rarely successful, as you must prove that the consular officer made a mistake in procedure, not that his intuition was wrong. Appeals typically take about 6 to 12 months waiting to get the final answer, which is most likely “no”. Filing the appeal costs $630, compared to $340 to refile for Fiance or $420 to refile for Spouse.

Once denied, in general your effective option is to start over, repeating the ENTIRE process again.

This time do a better job with VisaCoach’s help.

On the plus side, you now have hired VisaCoach to keep you on course, avoid mistakes, and to powerfully present your evidences.

What went wrong?

When working to resubmit a denied case, the first thing VisaCoach does is find out what went wrong. I review the evidences and documents that were submitted, the denial letter from the consulate and a detailed account and transcript of the interview.

Upon review of the evidences and interview I usually have a good idea on what was “on the consular officers mind”, and especially important for future success: what his suspicions were. Then I suggest an action plan for you to follow, on what you should do to develop additional evidences, proofs and timeline so that we can win your case.

The issues we can solve by action, we solve. The issues we can’t solve, I help you explain why they are not relevant and should be ignored.

VisaCoach Front Loaded Presentation

Once past mistakes have been corrected, we assemble, a compelling petition much stronger, and more believable than what the consular officer previously based his decision on. This time by telling your improved story in a logical and convincing manner and backing it up with well chosen evidences and proofs, your chances of success are greatly improved.

By Fred Wahl

5 Steps to take after K1 Visa Denial

5 Steps to take after K1 Fiance visa denial

The Fiancee Visa Interview is the final hurdle of the Fiancee Visa petition process. Sometimes, despite being terribly in-Love and ABSOLUTELY CONFIDENT you did EVERYTHING perfectly, and your fiance answered each question perfectly, sometimes, anyway, the answer is “NO !! Visa Denied”

 

A few times each week, I hear from couples who reach out to me, well, AFTER the damage is done. They call after the interview, usually in tears, once the unpleasant words from the consular officer have struck home, and the realization that their plans for reunion, wedding, honeymoon, and starting their lives together soon, have all been crushed. Continue reading “5 Steps to take after K1 Visa Denial”

Denied Entry at US border

Denied entry at US border

Madeleine lives in Canada about 100 miles north of the US border. Joshua her American fiance lives in Buffalo. Because they both live so close to the border they have been able to spend many weekends together. Either she goes down to meet him or he drives up to meet her

Their happy courtship continued this way until one time when Madeleine was stopped at the border and asked by the Customs and Border Patrol (CBP) officer what was the purpose of her trip ? This was after he had checked her computerize record of border crossings and he had noticed she had been making many frequent trips. She told him she has a boyfriend in Buffalo and they were just spending some time together. He said OK go on through. A few weeks later she was at The same border checkpoint embarking on another visit to her fiance, a different officer said You’ve been visiting the US so much its almost like you are living here. That is not the purpose of the visitor waiver you have been using. If you are serious about your relationship and possibly living permanently the USA you will have to apply for a fiancee visa or get married and apply for a spouse visa. Sorry but you cannot enter the USA today . Maybe in a few months later this will change but for now, please turn around go back.

 

The next day Madeleine and Joshua called for their free phone consultation. And the day after we started working on their fiance visa. As of this recording, we got her visa, they married and honeymooned in Orlando, and her adjustment of status for her Green Card has been submitted and is in process..

Continue reading “Denied Entry at US border”

Unfair Consular Decision!!, what can you do?

What can be done when the Consular Decision is Unfair

Is it possible for Consular officers to be unfair ? Absolutely and it can happen at any time. The consular officer is trained to be logical and impartial. However the process in reviewing a petitioner to determine if that applicant is telling the truth is a complicated holistic exercise. The Consular officer often must eschew reason and depend on intuition and gut feelings to base his judgments. As such sometimes it is often impossible to definitively state how his decision was reached, allowing arbitrary decisions to slip in, without any challenge.

 

Recently I helped a couple whose case was perfect. They were young and in love. They had known each other for years and had met more than once. They were evenly matched by age, values and religion. Their petition was spotless and had ample evidences of their bona fides. The American sponsor was even able to accompany his fianc� to the interview to show his support for the petition. After a brief interview where the sponsor was not allowed to join in nor asked any questions before, during or after, the consular officer, denied the case. She did not provide any verbal or written explanation.

The couple was devastated and confused. What could have gone wrong?

A consular officer who exhibits professionalism will state the reasons for denial in writing. And provide this to the rejected applicant immediately, often at the close of the interview itself. You may not agree with the decision, but at least know what it was and then have a starting point for renewed efforts.

All the couple had was the fiancee’s memory of the interview, as she attempted to recall what was said and what the body language was in an attempt to reconstruct what MIGHT have been in the consular officer�s mind.

One thing about the interview stood out. The consular officer had made some, in retrospect, out of context comments about conservative values and a woman’s role in society and home. Those comments seemed strange at the time and the foreign born fianc� had no idea where those comments came from.

What we think happened is that the American sponsor had made public some very outspoken conservative and chauvinistic views that he had posted online at his Facebook page. The comments made by the consular officer seemed to indicate she had read his online statements and apparently was offended by them.

A sponsor’s political views and value system (as long as not immoral) should not have any bearing on the outcome of his visa petition. But, that is EXACTLY what we believe happened in this case. The consular officer, offended by the sponsors political views, arbitrarily punished the couple by denying.

What is the couple�s Recourse: none Unexplained, based on intuition, consular decisions can’t be successfully fought and overturned.

In Conclusion:

1: No matter how strongly you believe immigration should OBVIOUSLY, recognize how much in love, you and your fiance are, and should then easily approve your case, prepare for skepticism, and make BEST EFFORTS to overcome it.

2: “Freedom of Speech”, doesn’t mean freedom to get your visa. Make sure there are no skeletons in your online closet. Clean or temporarily remove, or make private, potentially controversial aspects of your online and public presence before proceeding.

By Fred Wahl
the VisaCoach

Is it possible for Consular officers to be unfair ? Absolutely and it can happen at any time. The consular officer is trained to be logical and impartial. However the process in reviewing a petitioner to determine if that applicant is telling the truth is a complicated holistic exercise. The Consular officer often must eschew reason and depend on intuition and gut feelings to base his judgments. As such sometimes it is often impossible to definitively state how his decision was reached, allowing arbitrary decisions to slip in, without any challenge.

 

Recently I helped a couple whose case was perfect. They were young and in love. They had known each other for years and had met more than once. They were evenly matched by age, values and religion. Their petition was spotless and had ample evidences of their bona fides. The American sponsor was even able to accompany his fianc� to the interview to show his support for the petition. After a brief interview where the sponsor was not allowed to join in nor asked any questions before, during or after, the consular officer, denied the case. She did not provide any verbal or written explanation.

The couple was devastated and confused. What could have gone wrong?

A consular officer who exhibits professionalism will state the reasons for denial in writing. And provide this to the rejected applicant immediately, often at the close of the interview itself. You may not agree with the decision, but at least know what it was and then have a starting point for renewed efforts.

All the couple had was the fiancee’s memory of the interview, as she attempted to recall what was said and what the body language was in an attempt to reconstruct what MIGHT have been in the consular officer�s mind.

One thing about the interview stood out. The consular officer had made some, in retrospect, out of context comments about conservative values and a woman’s role in society and home. Those comments seemed strange at the time and the foreign born fianc� had no idea where those comments came from.

What we think happened is that the American sponsor had made public some very outspoken conservative and chauvinistic views that he had posted online at his Facebook page. The comments made by the consular officer seemed to indicate she had read his online statements and apparently was offended by them.

A sponsor’s political views and value system (as long as not immoral) should not have any bearing on the outcome of his visa petition. But, that is EXACTLY what we believe happened in this case. The consular officer, offended by the sponsors political views, arbitrarily punished the couple by denying.

What is the couple�s Recourse: none Unexplained, based on intuition, consular decisions can’t be successfully fought and overturned.

In Conclusion:

1: No matter how strongly you believe immigration should OBVIOUSLY, recognize how much in love, you and your fiance are, and should then easily approve your case, prepare for skepticism, and make BEST EFFORTS to overcome it.

2: “Freedom of Speech”, doesn’t mean freedom to get your visa. Make sure there are no skeletons in your online closet. Clean or temporarily remove, or make private, potentially controversial aspects of your online and public presence before proceeding.

By Fred Wahl
the VisaCoach

Is Your Difficult Case Winnable?

Serious Red Flags even Denials: Can you still win your case?

There are plenty of difficult cases out there. That have numerous RED flags, such as significant age differences, criminal histories, short relationships, adultery, too brief face-to-face meetings, previous denials, coming from a country known for visa fraud, and so on. Even with all of this going on, CAN you still win your case?. With VisaCoach’s help I believe the answer is yes.

 

Continue reading “Is Your Difficult Case Winnable?”

How Denied B2 effects K1 Fiance Visa

Denied B-2 Visa: How it affects your K-1 Fiancee Visa Application

“I met this great gal online. She lives on the other side of the world. we haven’t met in-person yet. and I want to meet her face to face.” BUT…… “I am: too busy, afraid of flying, got no time, don’t like travel, don’t travel well, too expensive, It is better that she should come to me, ….”

Unfortunately there is no such thing as a “girlfriend” visa.

The closest alternatives are a B2 Visitor visa (sometimes called a tourist visa) or a K1 Fiance Visa.

But a fiancee visa requires that the couple has already met in-person, and not only that but that they are serious and want to marry. Often the guys most eager to pursue a visitor visa, aren’t quite ready to commit.

This leaves the B-2 Visitor visa.

 

Continue reading “How Denied B2 effects K1 Fiance Visa”