K3 Denial because no pics of a specific thing in custom ceremony
Hi,
My wife is in India and I filed the I-130 followed by the K-3 Visa. She just had her interview and we had all the paperwork including: - Marriage Certificate - Wedding Pictures - Our community marriage declaration - Our community magazine publication announcing our marriage - Letters and email exchanges - Her passport with our last name on it - Tax Papers - All the necessary forms - etc However, the Visa got rejected because we didn't have pictures of us circling around fire (as part of a Hindu ceremony). We didn't perform all of the Indian Ceremony because my Grandmother was sick and wanted to see us married. My grandmother passed away 10 days later and now these folks won't give a visa because they say that this cicling around the fire ceremony pictures don't exist. They claim that we are not married, but rather engaged even though I have a legally binding marriage certficate issued by the city of Mumbai, India. What do I do now? Please help. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Well, the first thing for you should be to try and understand the other
side. The consular officer's job is to prevent people from getting a visa through fraud. A perfectly legally valid marriage can still be fraudulent if it is entered into for the sole purpose of securing immigration. For instance, a K-3 based on a US marriage could well also get denied if you can't show pictures of the couple at the altar (and your culture considers that an important part of a wedding). What you would have to do to overcome this is show that despite this problem, the marriage is genuine. Affidavits from family members, evidence that you have courted her well before the wedding (or in the alternate, evidence that your parents arranged the marriage), and so on. The claim that you are engaged rather than married is a bit absurd, though. Apart from the documentation that you provided, it also doesn't make sense. If you really were engaged, then you would still be eligible for a visa, albeit a K-1 rather than a K-3. I think that this is a case of a junior officer making a decision without really understanding the situation. It happens from time to time, unfortunately. Often, the easiest remedy in such a case is to simply reapply, writing a polite letter explaining why the decision was wrong. However, before you do that, I would strongly recommend you consult with a lawyer, or at least somebody experienced, to make sure that this really was a wrong decision. Sometimes, there can be subtle things that as a layperson don't seem to mean much, but may have justified the conclusion. On Tue, 11 Nov 2003 20:47:08 -0800, Hitesh wrote: > Hi, > > My wife is in India and I filed the I-130 followed by the K-3 Visa. She > just had her interview and we had all the paperwork including: - > Marriage Certificate > - Wedding Pictures > - Our community marriage declaration > - Our community magazine publication announcing our marriage - Letters > and email exchanges > - Her passport with our last name on it - Tax Papers > - All the necessary forms > - etc > > However, the Visa got rejected because we didn't have pictures of us > circling > around fire (as part of a Hindu ceremony). > > We didn't perform all of the Indian Ceremony because my Grandmother was > sick and wanted to see us married. My grandmother passed away 10 days > later and now these folks won't give a visa because they say that this > cicling around the fire ceremony pictures don't exist. They claim that > we are not married, but rather engaged even though I have a legally > binding marriage certficate issued by the city of Mumbai, India. > > What do I do now? Please help. -- Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please support H.R. 539, H.R. 832 and S. 1510. More information at http://www.kkeane.com/lobbyspousal-faq.shtml Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for spam protection. See my Web site for information on how to contact me. Please feel free to enjoy some of my photographs at my Web site http://www.ingopakleppa.com ! Comments are welcome. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Hitesh,
I understand that you are very upset now but in any case you should disregard posts by trolls like Thewanderer and other idiots. Ignoring trolls is the only way to deal with them. Now to your question, I concur to what Ingo just said that more than likely a well written appeal is all it is needed. You do not need a lawyer but you need a couple of days to write it well so that it is convincing and brief (two full pages is too big). I wrote several of them myself. The first two appeals I wrote on behalf of the people whom I invited to visit me in the US and who got 214(b) denials. I also wrote two or three for the friends in similar situations and it worked so far (knock on wood). The written appeals are reviewed by a higher level officer then first applications. Also, there are far less appeals than applications and I suspect, they actually read them before making their judgement which is not often the case t the interviews. OTOH, at the interviews they often interrupt you and render the denial. In your situation, all you need is to be truthful and write it well. Good luck, tgv P.S. Thewanderer, don't bother to respond. Better yet, go to the polotics and religion groups. Originally posted by Ingo Pakleppa - See Web Site For Email Well, the first thing for you should be to try and understand the other side. The consular officer's job is to prevent people from getting a visa through fraud. A perfectly legally valid marriage can still be fraudulent if it is entered into for the sole purpose of securing immigration. For instance, a K-3 based on a US marriage could well also get denied if you can't show pictures of the couple at the altar (and your culture considers that an important part of a wedding). What you would have to do to overcome this is show that despite this problem, the marriage is genuine. Affidavits from family members, evidence that you have courted her well before the wedding (or in the alternate, evidence that your parents arranged the marriage), and so on. The claim that you are engaged rather than married is a bit absurd, though. Apart from the documentation that you provided, it also doesn't make sense. If you really were engaged, then you would still be eligible for a visa, albeit a K-1 rather than a K-3. I think that this is a case of a junior officer making a decision without really understanding the situation. It happens from time to time, unfortunately. Often, the easiest remedy in such a case is to simply reapply, writing a polite letter explaining why the decision was wrong. However, before you do that, I would strongly recommend you consult with a lawyer, or at least somebody experienced, to make sure that this really was a wrong decision. Sometimes, there can be subtle things that as a layperson don't seem to mean much, but may have justified the conclusion. On Tue, 11 Nov 2003 20:47:08 -0800, Hitesh wrote: > Hi, > > My wife is in India and I filed the I-130 followed by the K-3 Visa. She > just had her interview and we had all the paperwork including: - > Marriage Certificate > - Wedding Pictures > - Our community marriage declaration > - Our community magazine publication announcing our marriage - Letters > and email exchanges > - Her passport with our last name on it - Tax Papers > - All the necessary forms > - etc > > However, the Visa got rejected because we didn't have pictures of us > circling > around fire (as part of a Hindu ceremony). > > We didn't perform all of the Indian Ceremony because my Grandmother was > sick and wanted to see us married. My grandmother passed away 10 days > later and now these folks won't give a visa because they say that this > cicling around the fire ceremony pictures don't exist. They claim that > we are not married, but rather engaged even though I have a legally > binding marriage certficate issued by the city of Mumbai, India. > > What do I do now? Please help. -- Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please support H.R. 539, H.R. 832 and S. 1510. More information at http://www.kkeane.com/lobbyspousal-faq.shtml Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for spam protection. See my Web site for information on how to contact me. Please feel free to enjoy some of my photographs at my Web site http://www.ingopakleppa.com ! Comments are welcome. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
On 11 Nov 2003 20:47:08 -0800, [email protected] (Hitesh) wrote:
>Hi, >My wife is in India and I filed the I-130 followed by the K-3 Visa. >She just had her interview and we had all the paperwork including: >- Marriage Certificate >- Wedding Pictures >- Our community marriage declaration >- Our community magazine publication announcing our marriage >- Letters and email exchanges >- Her passport with our last name on it >- Tax Papers >- All the necessary forms >- etc >However, the Visa got rejected because we didn't have pictures of us >circling >around fire (as part of a Hindu ceremony). >We didn't perform all of the Indian Ceremony because my Grandmother >was sick and wanted to see us married. My grandmother passed away 10 >days later and now these folks won't give a visa because they say >that this cicling around the fire ceremony pictures don't exist. They >claim that we are not married, but rather engaged even though I have a >legally binding marriage certficate issued by the city of Mumbai, >India. >What do I do now? Please help. You could live in India and therefore we won't have to put up with another Indian moving to our country. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Hitesh, really sorry to hear this. Can you tell me exactly what they
told you? I know you said that the Visa got rejected, but did they give you options? Did they say, that you need to just do the fire ceremony now and provide those pics, and that they'll give her the Visa then? Or did they say that they'll just back in touch with you.....how did they leave it with your wife? Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. .. > Well, the first thing for you should be to try and understand the other > side. The consular officer's job is to prevent people from getting a visa > through fraud. A perfectly legally valid marriage can still be fraudulent > if it is entered into for the sole purpose of securing immigration. > > For instance, a K-3 based on a US marriage could well also get denied if > you can't show pictures of the couple at the altar (and your culture > considers that an important part of a wedding). > > What you would have to do to overcome this is show that despite this > problem, the marriage is genuine. Affidavits from family members, evidence > that you have courted her well before the wedding (or in the alternate, > evidence that your parents arranged the marriage), and so on. > > The claim that you are engaged rather than married is a bit absurd, > though. Apart from the documentation that you provided, it also doesn't > make sense. If you really were engaged, then you would still be eligible > for a visa, albeit a K-1 rather than a K-3. > > I think that this is a case of a junior officer making a decision without > really understanding the situation. It happens from time to time, > unfortunately. Often, the easiest remedy in such a case is to simply > reapply, writing a polite letter explaining why the decision was wrong. > > However, before you do that, I would strongly recommend you consult with a > lawyer, or at least somebody experienced, to make sure that this really > was a wrong decision. Sometimes, there can be subtle things that as a > layperson don't seem to mean much, but may have justified the conclusion. > > On Tue, 11 Nov 2003 20:47:08 -0800, Hitesh wrote: > > > Hi, > > > > My wife is in India and I filed the I-130 followed by the K-3 Visa. She > > just had her interview and we had all the paperwork including: - > > Marriage Certificate > > - Wedding Pictures > > - Our community marriage declaration > > - Our community magazine publication announcing our marriage - Letters > > and email exchanges > > - Her passport with our last name on it - Tax Papers > > - All the necessary forms > > - etc > > > > However, the Visa got rejected because we didn't have pictures of us > > circling > > around fire (as part of a Hindu ceremony). > > > > We didn't perform all of the Indian Ceremony because my Grandmother was > > sick and wanted to see us married. My grandmother passed away 10 days > > later and now these folks won't give a visa because they say that this > > cicling around the fire ceremony pictures don't exist. They claim that > > we are not married, but rather engaged even though I have a legally > > binding marriage certficate issued by the city of Mumbai, India. > > > > What do I do now? Please help. > > -- > Remember, I am strictly a layperson without any legal training. I encourage > everybody to seek competent legal counsel rather than relying on usenet > newsgroups. > > Please support H.R. 539, H.R. 832 and S. 1510. More information at > http://www.kkeane.com/lobbyspousal-faq.shtml > > Please visit my new FAQ at http://www.kkeane.com (always under construction) > > My email address in usenet posts is now invalid for spam protection. See > my Web site for information on how to contact me. > > Please feel free to enjoy some of my photographs at my Web site > http://www.ingopakleppa.com ! Comments are welcome. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
The quickest way around it might be to quickly have an Arya Samaj
wedding and both videotape and photagraph the whole thing. Hitesh wrote: > Hi, > > My wife is in India and I filed the I-130 followed by the K-3 Visa. > She just had her interview and we had all the paperwork including: > - Marriage Certificate > - Wedding Pictures > - Our community marriage declaration > - Our community magazine publication announcing our marriage > - Letters and email exchanges > - Her passport with our last name on it > - Tax Papers > - All the necessary forms > - etc > > However, the Visa got rejected because we didn't have pictures of us > circling > around fire (as part of a Hindu ceremony). > > We didn't perform all of the Indian Ceremony because my Grandmother > was sick and wanted to see us married. My grandmother passed away 10 > days later and now these folks won't give a visa because they say > that this cicling around the fire ceremony pictures don't exist. They > claim that we are not married, but rather engaged even though I have a > legally binding marriage certficate issued by the city of Mumbai, > India. > > What do I do now? Please help. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
> You could live in India and therefore we won't have to put up with
> another Indian moving to our country. Oh, so I take it you are an American Indian then. If not, why don't u go back to where u came from immigrant, if you want to start calling the USA your country u tosspot. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
M. Ranjit Mathews wrote:
> The quickest way around it might be to quickly have an Arya Samaj > wedding and both videotape and photagraph the whole thing. > Wouldn't they think that is indicating the original wedding was fake? |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Originally posted by Mrtravel M. Ranjit Mathews wrote: > The quickest way around it might be to quickly have an Arya Samaj > wedding and both videotape and photagraph the whole thing. > Wouldn't they think that is indicating the original wedding was fake? |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Originally posted by Hitesh I have a legally binding marriage certficate issued by the city of Mumbai, India. What do I do now? Please help. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
On Wed, 12 Nov 2003 16:58:12 +0000 (UTC), "alfie"
<[email protected]> wrote: >> You could live in India and therefore we won't have to put up with >> another Indian moving to our country. >Oh, so I take it you are an American Indian then. If not, why don't u go >back to where u came from immigrant, if you want to start calling the USA >your country u tosspot. Yes, I have Apache blood in me. What about you asshole? |
Re: K3 Denial because no pics of a specific thing in custom ceremony
They basically said that they would need to see the pictures with us
doing the fire ceremony however it's odd because, being born and brought up in the US, whenever my cousins performed a Hindu ceremony, they had to go to the courts to get it registered so that it'd be considered an official marriage however here, it seems to be the opposite. It's beyond my comprehension. The thing that worries me is that they said that they're going to close the file and send it back to the US. Does this mean I have to refile? What about my I-130 processing? Does that mean that too has been closed or only the K3 part? [email protected] (Hero) wrote in message news:<[email protected] om>... > Hitesh, really sorry to hear this. Can you tell me exactly what they > told you? I know you said that the Visa got rejected, but did they > give you options? Did they say, that you need to just do the fire > ceremony now and provide those pics, and that they'll give her the > Visa then? Or did they say that they'll just back in touch with > you.....how did they leave it with your wife? > > > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. .. > > Well, the first thing for you should be to try and understand the other > > side. The consular officer's job is to prevent people from getting a visa > > through fraud. A perfectly legally valid marriage can still be fraudulent > > if it is entered into for the sole purpose of securing immigration. > > > > For instance, a K-3 based on a US marriage could well also get denied if > > you can't show pictures of the couple at the altar (and your culture > > considers that an important part of a wedding). > > > > What you would have to do to overcome this is show that despite this > > problem, the marriage is genuine. Affidavits from family members, evidence > > that you have courted her well before the wedding (or in the alternate, > > evidence that your parents arranged the marriage), and so on. > > > > The claim that you are engaged rather than married is a bit absurd, > > though. Apart from the documentation that you provided, it also doesn't > > make sense. If you really were engaged, then you would still be eligible > > for a visa, albeit a K-1 rather than a K-3. > > > > I think that this is a case of a junior officer making a decision without > > really understanding the situation. It happens from time to time, > > unfortunately. Often, the easiest remedy in such a case is to simply > > reapply, writing a polite letter explaining why the decision was wrong. > > > > However, before you do that, I would strongly recommend you consult with a > > lawyer, or at least somebody experienced, to make sure that this really > > was a wrong decision. Sometimes, there can be subtle things that as a > > layperson don't seem to mean much, but may have justified the conclusion. > > > > On Tue, 11 Nov 2003 20:47:08 -0800, Hitesh wrote: > > > > > Hi, > > > > > > My wife is in India and I filed the I-130 followed by the K-3 Visa. She > > > just had her interview and we had all the paperwork including: - > > > Marriage Certificate > > > - Wedding Pictures > > > - Our community marriage declaration > > > - Our community magazine publication announcing our marriage - Letters > > > and email exchanges > > > - Her passport with our last name on it - Tax Papers > > > - All the necessary forms > > > - etc > > > > > > However, the Visa got rejected because we didn't have pictures of us > > > circling > > > around fire (as part of a Hindu ceremony). > > > > > > We didn't perform all of the Indian Ceremony because my Grandmother was > > > sick and wanted to see us married. My grandmother passed away 10 days > > > later and now these folks won't give a visa because they say that this > > > cicling around the fire ceremony pictures don't exist. They claim that > > > we are not married, but rather engaged even though I have a legally > > > binding marriage certficate issued by the city of Mumbai, India. > > > > > > What do I do now? Please help. > > > > -- > > Remember, I am strictly a layperson without any legal training. I encourage > > everybody to seek competent legal counsel rather than relying on usenet > > newsgroups. > > > > Please support H.R. 539, H.R. 832 and S. 1510. More information at > > http://www.kkeane.com/lobbyspousal-faq.shtml > > > > Please visit my new FAQ at http://www.kkeane.com (always under construction) > > > > My email address in usenet posts is now invalid for spam protection. See > > my Web site for information on how to contact me. > > > > Please feel free to enjoy some of my photographs at my Web site > > http://www.ingopakleppa.com ! Comments are welcome. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Hitesh, if I were you I would immediately hire a good immigration attorney
with lots of consular experience (10 years would be good) and state department contacts. I think some quick agressive moves are needed here. If they close the file and send it back, I think you are looking at long delays, whatever happens. "Hitesh" <[email protected]> wrote in message news:[email protected]... > They basically said that they would need to see the pictures with us > doing the fire ceremony however it's odd because, being born and > brought up in the US, whenever my cousins performed a Hindu ceremony, > they had to go to the courts to get it registered so that it'd be > considered an official marriage however here, it seems to be the > opposite. It's beyond my comprehension. The thing that worries me is > that they said that they're going to close the file and send it back > to the US. Does this mean I have to refile? What about my I-130 > processing? Does that mean that too has been closed or only the K3 > part? > [email protected] (Hero) wrote in message news:<[email protected] om>... > > Hitesh, really sorry to hear this. Can you tell me exactly what they > > told you? I know you said that the Visa got rejected, but did they > > give you options? Did they say, that you need to just do the fire > > ceremony now and provide those pics, and that they'll give her the > > Visa then? Or did they say that they'll just back in touch with > > you.....how did they leave it with your wife? > > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. .. > > > Well, the first thing for you should be to try and understand the other > > > side. The consular officer's job is to prevent people from getting a visa > > > through fraud. A perfectly legally valid marriage can still be fraudulent > > > if it is entered into for the sole purpose of securing immigration. > > > > > > For instance, a K-3 based on a US marriage could well also get denied if > > > you can't show pictures of the couple at the altar (and your culture > > > considers that an important part of a wedding). > > > > > > What you would have to do to overcome this is show that despite this > > > problem, the marriage is genuine. Affidavits from family members, evidence > > > that you have courted her well before the wedding (or in the alternate, > > > evidence that your parents arranged the marriage), and so on. > > > > > > The claim that you are engaged rather than married is a bit absurd, > > > though. Apart from the documentation that you provided, it also doesn't > > > make sense. If you really were engaged, then you would still be eligible > > > for a visa, albeit a K-1 rather than a K-3. > > > > > > I think that this is a case of a junior officer making a decision without > > > really understanding the situation. It happens from time to time, > > > unfortunately. Often, the easiest remedy in such a case is to simply > > > reapply, writing a polite letter explaining why the decision was wrong. > > > > > > However, before you do that, I would strongly recommend you consult with a > > > lawyer, or at least somebody experienced, to make sure that this really > > > was a wrong decision. Sometimes, there can be subtle things that as a > > > layperson don't seem to mean much, but may have justified the conclusion. > > > On Tue, 11 Nov 2003 20:47:08 -0800, Hitesh wrote: > > > > My wife is in India and I filed the I-130 followed by the K-3 Visa. She > > > > just had her interview and we had all the paperwork including: - > > > > Marriage Certificate > > > > - Wedding Pictures > > > > - Our community marriage declaration > > > > - Our community magazine publication announcing our marriage - Letters > > > > and email exchanges > > > > - Her passport with our last name on it - Tax Papers > > > > - All the necessary forms > > > > - etc > > > > > > > > However, the Visa got rejected because we didn't have pictures of us > > > > circling around fire (as part of a Hindu ceremony). > > > > > > > > We didn't perform all of the Indian Ceremony because my Grandmother was > > > > sick and wanted to see us married. My grandmother passed away 10 days > > > > later and now these folks won't give a visa because they say that this > > > > cicling around the fire ceremony pictures don't exist. They claim that > > > > we are not married, but rather engaged even though I have a legally > > > > binding marriage certficate issued by the city of Mumbai, India. > > > > > > > > What do I do now? Please help. |
Re: K3 Denial because no pics of a specific thing in custom ceremony
>We didn't perform all of the Indian Ceremony because my
>Grandmother was sick and wanted to see us married. What kind of excuse is that? No wonder you got denied. That doesn't make sense. From what i know -- the circling around the fire is the Hindu way of proclaiming marraige. And you didn't do it. So it's not legit. Case closed. You should've spent more time making a real professional by the books ceremony with full pictures and proof -- instead of printing out emails at kinko's. -= nav =- |
Re: K3 Denial because no pics of a specific thing in custom ceremony
Originally posted by supernav Case closed. |
All times are GMT. The time now is 2:27 pm. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.