L S Jones

I'm very sad to report that my fiancee was denied her K1 visa
on Valentines day. The emotions that this has caused are almost
unendurable.

We did the whole thing ourselves in the belief that our application
would be successful. Now that we have failed we are lost and do
not know what to do, or if there IS anything we can do to get her
a visa.

If anyone knows anything about what can be done I'd be grateful
to hear about it. I'm looking for something other than "contact a
lawyer", please.

Thank You
L S Jones

K

Did they give a reason for the denial?

Im really sorry to hear that.

hazelize

Im sorry to hear that as well! My heart goes out to both of you. I can't even imagine the pain you both must be in. I will keep you both in my thoughts and prayers and hope that there is a way to work this situation out and have a happy ending....

I too am interested in what their reason for the denial was? Did they give you the option of filing a waiver at all?

It may be an option to file a motion for reconsideration?

Maybe one of the lawyers that frequent this message board will see this message and make some remarks or suggestions of where to look next.

Good luck to you two.... let us know how it goes

Caro

I am very sorry to hear that. I do not think that people can give you information if you do not post more on your situation (where is she from, does she have any criminal record, was she refused entry in the US before, has she been illegally in the US,... well you get the idea) and the reasons given for denial. With that, we can probably help you.

Caroline

L S Jones

My Fiancee is from Cambodia. All Cambodian visas are processed
in Bangkok Thailand. By chance I'm in Bangkok on business and
we went to the Embassy last week together. She was denied at
that time because a lack of documantation as to her nationality.
She has a Cambodian passport but her birth certificate lists
her adopted family not her birth parents who were both lost
in the war. The Immigration agent told her to come back with
an affidavit detailing her history and her national ID card (which
has been in process for 4 months) and an expired passport that
she thought she could find.

Yesterday she went back, alone, (I had to work) with the affidavit
and the ID card but the expired passport could not be located.
She told me that 3 Thai women took her back to a private room
and interogated her for over an hour, making the most bizzare
accusations that she was a trans-sexual from Burma and telling
her she had to go for an additional medical exam. I guess she
lost it at that point and she was told she was denied, they
photographed her and said the paperwork was being sent to
Washington. That is the story as best as I could get it from a
totally devestated woman who after a lifetime of hardship has
just seen her brite future taken away. There is more detail to
the story but that is the essence of it. I believe she was found
to be ineligible due to insufficient documentation regarding her
background but I have not seen anything offical yet.

LSJ

beyness

I am so sorry! This is absolutely awful and it probably has a bit to do with the Thai/Cambodia relatinship not being at it's best right now since "the incident" a couple weeks back. I hope you can get an appeal or contact someone who can help you. I am not familiar with the procedures. Have you searched the web for other Cambodia/Thai immigration links or help?

claudia13839

That is absoutely awful!!! The way they mistreated your fiance, that is so unacceptable!!! I hope everything turns out fine, I deeply feel your pain.

~Claudia

L S Jones

Putting Thais in charge of issuing Cambodian visas is a lot like
the foxes guarding the hen house.

It's looking like the truama of the whole ordeal is taking it's toll on
her. She is heartbroken and giving up on the visa. I posted here
looking for some hope. For her and myself. I'd like to know if there
is any chance or if we are out of luck with the visa.

ScarlettHill

Surely there has to be a way through this mess. If your application is legitimate I can't see how they could deny indefinitely. There must be a way to appeal. I think you should get your congressman/woman involved and anyone else you can. This sounds so very wrong.

Wishing you all the very best. Don't give up and keep us informed.

Regards
-=-
Scarlett

donahso

If you are there now, maybe you can make a visit to the IV Unit at the consulate. You would need to contact the consulate on their policy. I know that GZ visa officers (China) are available to USCs during a limited time slot.

I have read about a half-dozen or so situations with that consulate where the visa was not approved pending additional submission of documents. Outright denials are pretty rare. Anyway, most of these cases were resolved with an approval, although one couple gave up, married and filed for a spousal visa (which was successful). In a few cases, the petitioner flew there from the US to make the visit. If you are there now, and lucky enough to speak with a visa officer, you might be able to pull this one out of the hat.

Best of luck to you and yours.

Rete

There is always hope. First off, I am not an attorney. You really and truly do require one. If you can't afford it, take a loan, borrow from a friend, but get the funds to hire a good immigration attorney who specializes in this type of damage control.

Now you did not say what the US Consulate wrote in her passport as the reason for the denial. What did they write there, i.e. Section 245(g) or whatever. Usually if it goes to Washington or to the INS it goes because it is under administrative review and has not been out and out denied.

Have you gone to the US Consulate yourself since you are there in Bangkok after your fiancee's second visit. Have you called them and asked to speak to someone in authority to discover the truth behind her "denial". Second I don't think "Thai" women can interrogate her and make any charges. All interviewing has to be done at least in the presence of a US Consulate personnel who is a US citizen. Personnel in the US Consulate who are citizens of the country the Consulate is in are used for office positions and perhaps interpreters not interrogators.

Something here does not sound right and sounds much like the procedures fiancees go through at the Mumbai U.S. Consulate in India. Their petitions are put under review and ultimately approved.

Seek help. Now is not the time to be cost conscious.

Rete

L S Jones

Rete,

Thanks for the practical advise. I spoke to my fiancee again on the phone and some more of the story came out. I'm can hardly believe it myself.

She went in to the Visa Unit, on Friday, one day after getting out of the hospital for being treated with a severe kidney infection and suffering several days of an very high fever. So she was pretty shakey to start with but she wanted to give me the best Valentine present she could. When she got there the officer who told her to collect the additional evidence and report back was not in. She was told to wait which she did, for for 4 hours. Then she was called back to a room with 3 Thai women who badgered he in a rapid fire non-stop fashion for nearly two hours. I asked her twice if there was an American present and she said no, they were all Thai. In the end they wore her down and convinced her to write out and sign a statement. The statement seems to have been some kind of admission that she had had a sex change operation. She can not remember the the exact wording of the statement now, because the words were not hers and she was completely stressed out. All she can remember is that the last sentence said that she made this statement of her own free will. Then the American officer shows up and tells her that she won't be getting a visa and photographs her and makes some kind of demand that she submit herself to a medical exam with a doctor whos information they give to her. I asked about what they put in her passport and she said they just stamped it with something that said that had received her application. I haven't seen that yet so I'm not sure what it says. She also told me that they took from her the paper which they gave her after the first visit. That one said that she was denied and had an attachment listing the additionl evidence they required. She was sent away with nothing to indicate the actual status of our case.

I have not called the visa unit yet because all this occured on a Friday and it's a 3 day weekend here.

My fiancee is totally crushed and lacks the will to persue it further.
I can't really belive any of this is happening. Both of our lives are pretty well wrecked.

I'll be contacting the visa unit and depending on what happens there, looking for an attorney. I'm not real sure how to shop for one. Should it be one from Thailand, Cambodia or the US ? I avoided the whole lawyer route not because of the money exactly, I've just been ripped off by a bad one and really don't like dealing with them. I think I need a very good one now.

Thanks for the support and advice of everyone here.

LSJ

jstott1

a

donahso

I fully understand your response, but you may not be allowed to be present at the interveiw. It depends on the consulate. I do know that at some consulates, the USC is required to stand outside in the rain during the interveiw. The advantage of being there is that if something wierd like this does happen, you can demand to see someone in authority as a USC - after the fact.

Being nearby at interview time will reassure your spouse/fiancee and also serve as an ace-in-the-hole if something goes wrong. Maybe it can pull a rabbit out of the hat and save the day. Being there, however, does not guarantee success.

jstott1

a