Visa Petitioner....

[frank1538]

I once did a quick search of the appeals from K-1 petition denials. The search revealed only a handful of cases that went up to the Administrative Appeals Unit - maybe 20 or so. I just went back an pulled my notes.

 

Most of the cases dealt with the two year rule and possible hardship waivers for not having met the fiance(e). A couple of the cases dealt with the ability to marry (whether the parties were properly divorced). One dealt with legal capacity (the fiancee was under age 16, the legal age in the petitioner's state). One dealt with the bona fide intent to marry (the Service Center thought the evidence was scant).

 

None of the cases dealt with whether the petitioner was a criminal, etc.

[david_dawei]

frank,

 

didn't someone post a link to a report about this.. was that the same you are referring to? I could not find that post/link...

[frank1538]

frank,

 

didn't someone post a link to a report about this.. was that the same you are referring to?  I could not find that post/link...

156449[/snapback]

Jesse posted a link to the decisions: http://candleforlove.com/forums/index.php?...topic=12848&hl=

 

My notes related to those cases that were actually appealed to the next level.

[HanLi]

Doesn't appear any precedents have been set regarding your original post. Nothing like that as far as questions on any of the documents I have filled out inquired as to any issues you specified.

[Guest ShaQuaNew]

I just find this incredibly interesting. We have some wonderful minds and experience here on this site and yet there seems to be little known about the topic.

 

I've searched high and low using the most popular search engines using all manner and sort or word combinations and variations but have yet to find ONE single case spoken of, requested, quoted, etc., where there was an American citizen denied the priviledge of being a visa sponsor after a background check.

[Randy W]

I just find this incredibly interesting. We have some wonderful minds and experience here on this site and yet there seems to be little known about the topic.

 

I've searched high and low using the most popular search engines using all manner and sort or word combinations and variations but have yet to find ONE single case spoken of, requested, quoted, etc., where there was an American citizen denied the priviledge of being a visa sponsor after a background check.

156455[/snapback]

 

 

Well, I think you found the answer there, Jesse - that there IS no such restriction, especially considering the case of the child molester. There is no reason why a restriction from being placed on the USC, but I doubt that there is any interest in Washington for doing so.

 

But I think we all agree that a convicted child molester should not be allowed to take advantage of the process.

[Trigg]

I'm just guessing but IF they do a background check on the USC, they will do it BEFORE it gets past NVC. If the petition is denied at this point it may not be showing up on some of the stats. For example, Frank checked stats on visa denied and then appealed. Serious criminals may not appeal it and if it is NOT approved in an early stage it may not even be considered a valid pettition thus skewing the stats. This is just all conjucture on my part--but hell, maybe!

 

Then again it may be much like any marriage--there are no checks. The exception here is that the SO is from another country and Immigrating. Why check the USC as he is already a citizen and his marriage would not make him more of a danger/burden on the USA regardless of his background. Also, our gov doen't feel as though it is their job to protect the Chinese SO.

[Guest ShaQuaNew]

I'm just guessing but IF they do a background check on the USC, they will do it BEFORE it gets past NVC. If the petition is denied at this point it may not be showing up on some of the stats. For example, Frank checked stats on visa denied and then appealed.  Serious criminals may not appeal it and if it is NOT approved in an early stage it may not even be considered a valid pettition thus skewing the stats. This is just all conjucture on my part--but hell, maybe!

 

Then again it may be much like any marriage--there are no checks. The exception here is that the SO is from another country and Immigrating. Why check the USC as he is already a citizen and his marriage would not make him more of a danger/burden on the USA regardless of his background. Also, our gov doen't feel as though it is their job to protect the Chinese SO.

156460[/snapback]

That's a good point Trigg, and I considered that may occur, but you must remember that when any Visa petion is denied that the petitioner is provided an explanation and the ability, if any to overcome.

 

You will find Visa petitions denied everyday for a beneficiary that had a problem from the list that Frank left i.e., prior arrest etc. That beneficiary is given the option of filing the I-601 for the purpose of presenting overcome evidence. No such document or form exists for the petioner.

[Trigg]

I'm just guessing but IF they do a background check on the USC, they will do it BEFORE it gets past NVC. If the petition is denied at this point it may not be showing up on some of the stats. For example, Frank checked stats on visa denied and then appealed.  Serious criminals may not appeal it and if it is NOT approved in an early stage it may not even be considered a valid pettition thus skewing the stats. This is just all conjucture on my part--but hell, maybe!

 

Then again it may be much like any marriage--there are no checks. The exception here is that the SO is from another country and Immigrating. Why check the USC as he is already a citizen and his marriage would not make him more of a danger/burden on the USA regardless of his background. Also, our gov doen't feel as though it is their job to protect the Chinese SO.

156460[/snapback]

That's a good point Trigg, and I considered that may occur, but you must remember that when any Visa petion is denied that the petitioner is provided an explanation and the ability, if any to overcome.

 

You will find Visa petitions denied everyday for a beneficiary that had a problem from the list that Frank left i.e., prior arrest etc. That beneficiary is given the option of filing the I-601 for the purpose of presenting overcome evidence. No such document or form exists for the petioner.

156461[/snapback]

Then perhaps the only qualification for the petitioner is that he is single, a USC and can support his SO. Maybe our government really doesn't think past criminal activities indicate a potential visa fraud situation and maybe--just maybe-they don't give a hoot about the non-USC!! So then the only one that really needs qualify is the foriegn SO an not the one who already lives here.

 

Whatcha think??

[Guest ShaQuaNew]

You think? I have heard that the Visa process helps the US locate a huge number of fleeing felons or those otherwise sought by US law enforcement. Yes, there are plenty stupid enough to put down all their personal information and send it in. In a few weeks...KNOCK KNOCK, come with us please....

[Trigg]

You think? I have heard that the Visa process helps the US locate a huge number of fleeing felons or those otherwise sought by US law enforcement. Yes, there are plenty stupid enough to put down all their personal information and send it in. In a few weeks...KNOCK KNOCK, come with us please....

156466[/snapback]

Well they didn't get me!!!!!!!!!

[frank1538]

No such document or form exists for the petioner.

156461[/snapback]

Without getting too technical, such a form exists. It's called an appeal to the Administrative Appeals Office: http://uscis.gov/graphics/howdoi/repealdenial.htm

[tywy_99]

You think? I have heard that the Visa process helps the US locate a huge number of fleeing felons or those otherwise sought by US law enforcement. Yes, there are plenty stupid enough to put down all their personal information and send it in. In a few weeks...KNOCK KNOCK, come with us please....

156466[/snapback]

Well they didn't get me!!!!!!!!!

156467[/snapback]

Well, maybe that's because you're not a convicted felon that's on the lamb (excuse the pun)...........

[Dennis143]

Jesse,

 

In the USCIS site that you posted previously,

http://uscis.gov/graphics/aboutus/repsstudies/Mobappa.htm

the last 3 paragraphs mention this briefly:

Recommendations

Current INS rules and policies seem well intentioned in that they allow U.S. citizens and permanent residents to marry and bring to this country alien spouses while providing some safeguards against abuse and fraud.

The existing problems that appear to require some attention involve abuse. On the one hand, the potential husbands might need to be screened. As Sumiko Hennessy, executive director of the Asian Pacific Development Center (anon., 1996), notes, "What you have are older men, people with three divorces, alcohol problems . . .," some of whom have a history of "domestic abuse or problems with the law." To this end, I would strongly recommend that Uma Narayan (Narayan, 1995) be consulted before any new legislation focused on abuse and/or fraud is considered.

At the very least, alien spouses should be informed of their rights and be given names, addresses, and telephone numbers of agencies they may consult if they face difficulties in the marriage, agencies such as: Legal Aid for Abused Women and Children (703) 820-8393; AYUDA (202) 387-4848; National Coalition Against Trafficking in Women (814) 685-1447; NOW (707) 255-2516; and the Asian Pacific Development Center (303) 220-3398.

[tywy_99]

That avatar looks like the scene from the movie "scanners".