Fiance Visa Denied::can T Believe This!
Sep 23rd 2003, 10:39 am
#91
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Re: Fiance Visa Denied::can T Believe This!
Kate this is for you. Why have I not gotten a receipt from Miami for
my AOS I am waiti now 5 weeks. Reply [email protected]
ERWIN
my AOS I am waiti now 5 weeks. Reply [email protected]
ERWIN
Sep 23rd 2003, 10:47 am
#92
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Re: Fiance Visa Denied::can T Believe This!
davewilliams wrote:
> Just a thought - Cutenurse, is it possible you two can meet up in
> Canada and get married there to start the I-130/K3 route which can
> often be quicker?
>
>
>
> Correct me if I'm wrong, but I think a USC can visit Canada with just
> his driving licence instead of a passport?
>
He would need some proof of citizenship
> Just a thought - Cutenurse, is it possible you two can meet up in
> Canada and get married there to start the I-130/K3 route which can
> often be quicker?
>
>
>
> Correct me if I'm wrong, but I think a USC can visit Canada with just
> his driving licence instead of a passport?
>
He would need some proof of citizenship
Sep 23rd 2003, 11:21 am
#93
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Re: Fiance Visa Denied::can T Believe This!
Matthew Udall wrote:
> Originally posted by Andrew Defaria
>> I would also report him to ALIA.
> The attorney may or may not be a member of the American Immigration
> Lawyers Association,
Understood. If he wasn't an ALIA member then that'd be a big clue right
there that they didn't select the lawyer wisely.
> but even if he or she is, what is it that you think AILA can or will do?
> Attorney discipline is handled by the State Bar Associations.
A couple of things I would think that AILA would do to AILA members.
One, as they do referals, I would expect them to not consider giving a
referal to this lawyer or at least lower his "rating" or whatever.
Secondly I would expect them to report such things to the State Bar.
Thirdly, if enough reports are collected to revoke AILA membership.
===
Obligatory witty line: How do blind people know when they are done wiping?
> Originally posted by Andrew Defaria
>> I would also report him to ALIA.
> The attorney may or may not be a member of the American Immigration
> Lawyers Association,
Understood. If he wasn't an ALIA member then that'd be a big clue right
there that they didn't select the lawyer wisely.
> but even if he or she is, what is it that you think AILA can or will do?
> Attorney discipline is handled by the State Bar Associations.
A couple of things I would think that AILA would do to AILA members.
One, as they do referals, I would expect them to not consider giving a
referal to this lawyer or at least lower his "rating" or whatever.
Secondly I would expect them to report such things to the State Bar.
Thirdly, if enough reports are collected to revoke AILA membership.
===
Obligatory witty line: How do blind people know when they are done wiping?
Sep 23rd 2003, 1:32 pm
#94
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Joined: Sep 2002
Posts: 16,266
Originally posted by Matthew Udall
Hi Dave,
I don’t know where cutenurse is located on the planet, but if its not Canada than the idea of her going to Canada, marrying and filing for a K-3 might not work out for her.
First, I’ve not been called upon to do a K-3 before, however I was contacted by someone a week or two ago about “possibly� representing a couple in a K-3 case. The international spouse lives in a country other than Canada. She and hubby married in Canada, and since the K-3 must be processed at a U.S. Consulate in the country where the marriage took place, that would mean Canada.
I contacted the U.S. Consulate in Vancouver to confirm whether or not the bride could process her K-3 at the post. Vancouver said that yes, they process K-3, “however� they will “not� mail their packets to a non-Canadian address. They actually had the nerve to say if she did not have a Canadian address, than she would have to simply wait out the I-130 in her home country. Needless to say, I think their policy in this regard stinks (Vancouver’s mail room policy thwarts the intent of Congress… the reason Congress brought about the K-3 in the first place).
This is a situation that I think should be changed, and is a cause worth fighting for while moving up the chain of command at the U.S. Consulate in Vancouver.
M.U.
Hi Dave,
I don’t know where cutenurse is located on the planet, but if its not Canada than the idea of her going to Canada, marrying and filing for a K-3 might not work out for her.
First, I’ve not been called upon to do a K-3 before, however I was contacted by someone a week or two ago about “possibly� representing a couple in a K-3 case. The international spouse lives in a country other than Canada. She and hubby married in Canada, and since the K-3 must be processed at a U.S. Consulate in the country where the marriage took place, that would mean Canada.
I contacted the U.S. Consulate in Vancouver to confirm whether or not the bride could process her K-3 at the post. Vancouver said that yes, they process K-3, “however� they will “not� mail their packets to a non-Canadian address. They actually had the nerve to say if she did not have a Canadian address, than she would have to simply wait out the I-130 in her home country. Needless to say, I think their policy in this regard stinks (Vancouver’s mail room policy thwarts the intent of Congress… the reason Congress brought about the K-3 in the first place).
This is a situation that I think should be changed, and is a cause worth fighting for while moving up the chain of command at the U.S. Consulate in Vancouver.
M.U.
I think this is one of those times you can actually sue the department of state.
Sep 24th 2003, 5:07 am
#95
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Joined: Jul 2003
Location: Austria/Boston
Posts: 371
DENIED
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!
Thanks everybody for your support and good luck all!
Sep 24th 2003, 6:02 am
#96
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Posts: 6
Re: DENIED
Originally posted by cutenurse300
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!
I hope your lawyer messes it up again. I also think your man is lying to you.
Sep 24th 2003, 6:23 am
#97
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Joined: Feb 2003
Posts: 1,350
Re: DENIED
Originally posted by cutenurse300
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!
The lawyer made our package ready again..he s gona appeal and refile the case...so probably by next week back in the game!
Thanks everybody for your support and good luck all!
What is the basis for an "appeal"?
An appeal generally lies from misapplication of existing law to a particular set of facts. In other words, because the adjudicating agency got something wrong.
I have never heard of an "appeal" when it is clear that the error does not belong to the government, but to the person seeking relief. Even if the error did belong to the government (in terms of, for example, advice rendered by a government employee on the phone), 95% of the time you still have no appellate relief.
Perhaps you mean an application for a special exception of some kind in your case?
I ask this question in sincerity, since as you have described everything I for the life of me cannot imagine the basis for an appeal. The government did everything right on this one. As hard as that is to swallow. And I wonder if you guys are just wasting time filing "appeals" instead of starting all over.
Again, the question is asked in all sincerity, and if the immigration gurus can educate me on this one if my gut is wrong, I'd be in their debt.
Sep 24th 2003, 7:00 am
#98
Joined: Nov 2002
Posts: 1,816
Re: DENIED
Originally posted by JH's cat
I hope your lawyer messes it up again. I also think your man is lying to you.
I hope your lawyer messes it up again. I also think your man is lying to you.
Kate.
Sep 24th 2003, 9:28 am
#99
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Re: Fiance Visa Denied::can T Believe This!
JH's cat wrote:
>
> I hope your lawyer messes it up again. I also think your man is
> lying to you.
>
I must have missed something. All I know so far is that they filed
before the divorce was final. Why do you think he is lying?
>
> I hope your lawyer messes it up again. I also think your man is
> lying to you.
>
I must have missed something. All I know so far is that they filed
before the divorce was final. Why do you think he is lying?
Sep 24th 2003, 9:55 pm
#100
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Joined: May 2003
Location: London
Posts: 139
Surely you should have know that you can't file until you have the final decree document in your hand. You HAVE to send a copy of that with all the documents you send to the BCIS. You should have known that (especially from reading stuff here and from the BCIS website) and your lawyer should have known it. Do you have a copy of it yet to send off???
Sep 24th 2003, 10:14 pm
#101
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Re: Fiance Visa Denied::can T Believe This!
Cutenurse. Let me know you want to do it and I will send you my email
address and you can send me back your fiances name and location. I will run
a complete background check on him for free. I know you think he is okay, I
am not attacking you. I will run a background check for free and also can do
more that cant be posted here.
"katesuiter1" <member6776@british_expats.com> wrote in message
news:[email protected]...
> Originally posted by JH's cat
> > I hope your lawyer messes it up again. I also think your man is lying
> > to you.
> No-one cares what you think anymore......YAWN.
> Kate.
> --
> Posted via http://britishexpats.com
address and you can send me back your fiances name and location. I will run
a complete background check on him for free. I know you think he is okay, I
am not attacking you. I will run a background check for free and also can do
more that cant be posted here.
"katesuiter1" <member6776@british_expats.com> wrote in message
news:[email protected]...
> Originally posted by JH's cat
> > I hope your lawyer messes it up again. I also think your man is lying
> > to you.
> No-one cares what you think anymore......YAWN.
> Kate.
> --
> Posted via http://britishexpats.com
Sep 25th 2003, 2:22 am
#102
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The divorce came final allready since the end of june..so ofcourse we sended that already in before.Good luck all!
Sep 25th 2003, 3:16 am
#103
Forum Regular
Joined: May 2003
Location: London
Posts: 139
Well if that is when his divorce was final that is not the reason for your being denied. So he submitted a copy of the final divorce decree did he? You have contradicted yourself several times here.
Last edited by catswhiskers; Sep 25th 2003 at 3:23 am.
Sep 25th 2003, 3:20 am
#104
Guest
Posts: n/a
Its too bad they did not accept the divorce decree that you sent in. I am just guessing they dont allow that because they dont want to handle all the extra paperwork from divorces filed after the fact.
It would be nice if they would have just accepted it, so you could go on.
good luck from this point on.
My USC has a lawyer, and now we are double checking everything he has done lol
It would be nice if they would have just accepted it, so you could go on.
good luck from this point on.
My USC has a lawyer, and now we are double checking everything he has done lol
Sep 25th 2003, 3:41 am
#105
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Joined: Feb 2003
Posts: 1,350
Originally posted by tupperwareparty
Its too bad they did not accept the divorce decree that you sent in. I am just guessing they dont allow that because they dont want to handle all the extra paperwork from divorces filed after the fact.
Its too bad they did not accept the divorce decree that you sent in. I am just guessing they dont allow that because they dont want to handle all the extra paperwork from divorces filed after the fact.
BCIS didn't accept it because that decree makes no difference to the application that was rejected. The OP was not fully, finally and completely single on the day the I-129F was filed. An after-acquired divorce is not good enough - the law is clear that one must be single on the day the application is filed.
Now that they have what is required to file, I assume their lawyer will in fact re-file (I"m still trying to sort what basis for an appeal there is in this situation, but I'm just a regular old lawyer and not an immigration lawyer /shrug).
