Reasons for Denial, Part II

[Dan R]

But it is no surprise to me when I hear the are 'profiling' them at 001..

Heck, from what my SO tells me, the girsl on 001 know just about everything They don't seem to know much about sheep though - guess they don't have time for the real important stuff

Do you have a URL for the 001 group? I'd like to send it to my SO.

 

Thanks!

They have to live in the north or western areas to know sheep or goats. There is a place in Liaoyang, Liaoning and boy do they know how to roast a leg of lamb. rolled in spices and the meat falling off the bone. Mmmmmm Boy is that finger lickin' good. The sign said sheep but the ones I saw grazing along the road were goats. It is actually a new industry for the farmers around there.

[MikeXiao]

Let me add a little fuel to the fire.

 

My wife's interview was March 11. She was told, "you papers appear to be in order." but was given the "blue slip" with a "yellow slip" attached. the Blue slip, said, see attached. The yellow slip, had #8 checked. "We need more time to process your application. We will contact you as to when to return to the consulate."

 

No reason. Just, we need more time. The "American Citizen Hour" question period, was worse. They told me, "if she has not been contacted in 6 months, send us an email." 6 Months? What is this? They had her paperwork for 3 months already.

 

I contacted my senators. The first, received an email from the "Chief" of the Consular Section, referencing an IR-1 visa, and that they are prohibited from "issuing a visa to applicants who have not established their eligibility to receive a visa."

 

Well ours is CR-1. She is eligible. I have sent many emails to the consulate about this. Their response is, "Please be advised that the case is still under the necessary internal

processing."

 

My question. If they cannot state why you will not issue the visa, how can you deny the visa? How can, "we need more time", without a reason, be a cause for denial?

 

By the way, that day, while standing in line for the "American Citizen Hour", I did not see one visa leave the consulate. I only saw denials. I was in the line from 1:45 until 2:30 when they let us into the consulate. One man from San Diego, had his wife denied for proof of a valid relationship. This after being married for 2.5 years. They asked his wife, you have no children, why? He works in a restaurant, doesn't make much money, so his time with his wife is very limited. But he was THERE. After 2.5 years, if this is not proof, I do not know what they are looking for.

 

I have been back in the US for 2 months. My wife is a little discouraged by the process. But we continue to stand by each other.

 

I also did a little checking. Seems the week we were there, a lot of petitions were approved on even numbered days. There were many denials on odd numbered days. Is this consulate playing games? I sent an email to Maura Harty. She responded, "I will ask a member of my team to look into this immediately. MH ". I have not heard another word from her.

 

My nitemare continues. I am standing tall. I am not giving up. I send an email to the consulate, every 2 weeks. I do not want them to think that we have given up. I will not give up. Something is wrong here. Not just with our case, but many cases. Something needs to be done. Who will listen? I am listening. I think an investigation needs to be launched. I can compile, any valid, problems of this type. Lets get something rolling. We are American citizens.

 

I have vented. But I still search for the answer. I am sure I am not the only one.

 

Soooo, How about a denial for no apparant reason?

[david_dawei]

Hi Mike,

 

well, there is no answer.. only [unanswered] questions as you point out. Your right in the sending the re-curring emails... and trying to get anybody to give an answer or intervene.

 

The one item that really bothers me about this denial is that it is more of a denial than the average 'blue slip' case... most are given a second interview to present 'overcome evidence' when it is ready. It sounds like yours simply got pulled out of that process and given the black hole response.

 

It's really hard to know if GUZ was playing games that week.. but the coincidences feel more than just that. Regardless, it is no excuse and the subsequent handling and inability of others to intervene is awful treatment of your case. Like you said, some word would be better than no word.

 

I hope the best for you two.. keep us informed.

[MikeXiao]

My question is this:

 

How can they be able to give the "black hole" response? If the file has passed all of the stateside investigations, how can they give a denial, especially without an excuse? How is that legal?

 

Now she will need to go through a second interview, when they are ready, if they are ever ready. That is like double jeopardy. We do not treat our criminals this way. If the consulate does not have hard evidence for denial, then they should grant the visa. The "we need more time to process your application" excuse, should not be an option. And, if it remains an option, it should be a quick investigation. Not a "if we have not contacted her in 6 months, send us an email", option.

 

At the very least, when they set an interview date, if they decide not to give the visa, they should have a valid, defendable reason. They should not have the option to hide behind an ambigious reason for denial. We need more time? Come on, they invited us to the consulate, because they were ready.

 

Mike

[Dan R]

My question is this:

 

How can they be able to give the "black hole" response?  If the file has passed all of the stateside investigations, how can they give a denial, especially without an excuse?  How is that legal? 

 

Now she will need to go through a second interview, when they are ready, if they are ever ready.  That is like double jeopardy.  We do not treat our criminals this way.  If the consulate does not have hard evidence for denial, then they should grant the visa.  The "we need more time to process your application" excuse, should not be an option.  And, if it remains an option, it should be a quick investigation. Not a "if we have not contacted her in 6 months, send us an email", option. 

 

At the very least, when they set an interview date, if they decide not to give the visa, they should have a valid, defendable reason.  They should not have the option to hide behind an ambigious reason for denial.  We need more time?  Come on, they invited us to the consulate, because they were ready.

 

Mike

This is a big part of the problem. The burden of proof is on us not DOS. This means it is up to us to convince them. I have learned that once we apply to bring someone into the country we no longer have the full protection of the law. We become suspect until we can prove ourselves innocent.

 

Good luck I'll keep fingers crossed for both of us.

[C4Racer]

We become suspect until we can prove ourselves innocent.

 

and to think I thought we lived in America where you are always innocent until proven guilty. My, my... my bad, I'm so mistaken...

 

Somehow we must push to get this changed. At the least, they should be required to fess up to what it was that is holding things up. The USC should have a chance to overcome any problem, no matter what. Mike and Xiao deserve to be together. Some VO who decides to hold things up should be required to answer why. What if it is like Mike suspects, a typo. They happen. Open up, fix the error and move forward. How problematic is that?

[bubbafred10]

MikeXiao - What you wrote shows how ridiculous the VO can be! It is Unbelievable! Without any reason given, and no accountability for the decision. I am tempted to say it's blatant racism and prejudice - the only reasons that cannot be spoken nor explained.

[david_dawei]

MikeXiao - What you wrote shows how ridiculous the VO can be!  It is  Unbelievable! Without any reason given, and no accountability for the decision.  I am tempted to say it's blatant racism and prejudice - the only reasons that cannot be spoken nor explained.

I think it's more the saying of 'power corrupts; absolute power corrupts absolutely'...

 

When someone/group thinks they are (or acts) above the law, you see things like this.. No accountability.

[Inxsfan]

Mikexiao...

have you filed for a K petition before? other than the one for your SO?

 

mike

[david_dawei]

I know that neither one of them were married before... and that his SO did not previously go through any K- proceedings... The I-130 asks this about the beneficiary but not the petitioner...

[MikeXiao]

We were both previously married. What irks me, is that they can put this off to "need more time", without a reason. I only ask this, why do you need more time? What did you see, that warrants, more investigation or processing. Tell us.

[PJ]

Unpinning topic. I would like to make sure that everyone is aware of the site's upcoming closure.