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VERY SAD Administrative Review at Mumbai consulate

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VERY SAD Administrative Review at Mumbai consulate

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Old Aug 6th 2002, 2:20 pm
  #1  
Amy
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Default VERY SAD Administrative Review at Mumbai consulate

Hello everyone,

I am totally devastated that my fiance received administrative review recently. I am
so sad and don't understand why. My hopes and dreams are shattered. We had all the
paperwork they needed, with a few things missing but were not to important, cause
they never gave us 221g form. His police clearance and medical report were perfect.
We even had a lawyer on the case to make sure things go smoothly and we never had
congressman involved or even beg for the visa. The only thing that I gathered is that
i am white and that i have children and they can't believe that he loves me. He was
never married.

I am so worried cause of this administrative review, i am scared they will deny all
together and i will never be with him. I can't leave my country cause my children are
young and fathers is in the states. Right now i can't even function, i am so upset,
crying all the time. I am so amazed by all this, I thought i would be with him middle
of this month. My hopes and dreams of marrying him are being shattered and I hate to
face the world now. Its so hard to wake up in the morning knowing that he won't be
with me soon, its painful living now and never know what the final outcome would be.
We are so much in love with each other and surprised what had happened.

Sorry that i am telling my sadness but i am at a lost here

I know that many of the long timers on this forum had this problem and got through
eventually.

thanks so much for reading

amy
 
Old Aug 6th 2002, 2:43 pm
  #2  
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Amy

Take Heart. You didn't get a 221(g) and from the board you can see that everyone is getting administrative reviews for the last two or three weeks in countries throughout the world. Most long timers believe it is the IBIS name check which is what is being reviewed. In Russia although they are told they are approved they still are given "administrative review" and are told they will heard in four to eight weeks.

Now stop crying and restructure your dream. So it won't be the middle of August but it might be mid-September or early October. Will a matter of a few weeks or a month mean the end of the world? You waited this long, you can wait a while longer.

Rete
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Old Aug 6th 2002, 2:46 pm
  #3  
Mdudall
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Default Re: VERY SAD Administrative Review at Mumbai consulate

Sounds familiar, as I just had one of my fiancée beneficiary's leave his K-1 visa
interview in New Delhi without his visa. According to report from my beneficiary, it
is not administrative review, but they are going to "investigate" his story. But they
did tell him to come back to their office in late September for another appointment.

The person who interviewed him made some rather uncalled for statements (in my
opinion) about the fact that his U.S. citizen fiancée had been married before and has
2 kids, that she is 5 years older than he, and that they have different religious
backgrounds (but not really as she is not that tied down to any particular religion).
Of course, none of those things even remotely relate to the fact that they have met
within the past 2 years, are both legally free to marry, and that we provided ample
evidence to demonstrate their loving relationship. The interviewer said my
beneficiary was "lying" to him, and that by extension I (the attorney) was lying to
him, and that it was not possible for this couple to be in love (he said that in his
opinion, they did not make a good couple, and that the beneficiary can find a nice
Indian girl to marry in an arranged marriage).

OK, this is war and I'm revving up for the fight. I've already gathered some
statements from the petitioner and beneficiary, a statement from the beneficiary's
brother and Mother concerning their knowledge and affection for the petitioner, etc.
(plus a few other items).

I've talked to another attorney friend of mine who has been practicing longer than
I, and he said the disparaging remarks made by a Consular staffer about an attorney
is a subject that has been litigated in the past (disparaging remarks made by
Consulate staff about other attorneys) and that the DOS takes that very seriously
and comes down hard on Consulate staff that make such comments (as they are totally
uncalled for).

That gives me an "in" to complain about this to the higher authorities in Washington
DC, which I am going to do. I'm sending a package of information, my write up, my
client's write ups about what was said, etc. to the visa office's Indian Desk and
watch as the heads roll.

I'm also sending a letter to the head of that post to alert him or her to what his or
her staff is doing, and asking the status of the case (what are they doing, what do
they want, what are their concerns), plus all of the statements by those involved
reiterating their story about their love developing, which also address the concerns
expressed by the rogue Consular officer during his meeting with my beneficiary.

Of course, since I charge a flat rate fee, the client won't have to pay anything more
for this additional follow up work that I'll be doing in her case.

Hopefully, that will do the trick. We'll see.

Good luck with your case.

Regards, Matthew Udall Attorney
 
Old Aug 6th 2002, 4:18 pm
  #4  
Mrs_blackross
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Default Re: VERY SAD Administrative Review at Mumbai consulate

you go for it Matt. it is so heartbreaking to see people treated with such obvious
prejudice in this day and age. I am so glad I did not have to deal with any of the
"admin review" or "221g"-happy consulates, I would probably have taken legal actions
against them for some of the comments I have heard. It is none of their damned
business what religion, previous marriages, or # of children a person has as far as
whether or not they qualify for a visa. Keep us updated please. It will be
interesting to see if there are any changes when the cages get rattled.

"MDUdall" <[email protected]> wrote in message news:[email protected]...
    > Sounds familiar, as I just had one of my fiancée beneficiary's leave his
K-1
    > visa interview in New Delhi without his visa. According to report from my
    > beneficiary, it is not administrative review, but they are going to "investigate"
    > his story. But they did tell him to come back to their
office in
    > late September for another appointment.
    > The person who interviewed him made some rather uncalled for statements
(in my
    > opinion) about the fact that his U.S. citizen fiancée had been married
before
    > and has 2 kids, that she is 5 years older than he, and that they have
different
    > religious backgrounds (but not really as she is not that tied down to any
    > particular religion). Of course, none of those things even remotely relate
to
    > the fact that they have met within the past 2 years, are both legally free
to
    > marry, and that we provided ample evidence to demonstrate their loving
    > relationship. The interviewer said my beneficiary was "lying" to him, and
that
    > by extension I (the attorney) was lying to him, and that it was not
possible
    > for this couple to be in love (he said that in his opinion, they did not
make a
    > good couple, and that the beneficiary can find a nice Indian girl to marry
in
    > an arranged marriage).
    > OK, this is war and I'm revving up for the fight. I've already gathered
some
    > statements from the petitioner and beneficiary, a statement from the beneficiary's
    > brother and Mother concerning their knowledge and affection
for
    > the petitioner, etc. (plus a few other items).
    > I've talked to another attorney friend of mine who has been practicing
longer
    > than I, and he said the disparaging remarks made by a Consular staffer
about an
    > attorney is a subject that has been litigated in the past (disparaging
remarks
    > made by Consulate staff about other attorneys) and that the DOS takes that
very
    > seriously and comes down hard on Consulate staff that make such comments
(as
    > they are totally uncalled for).
    > That gives me an "in" to complain about this to the higher authorities in
    > Washington DC, which I am going to do. I'm sending a package of
information, my
    > write up, my client's write ups about what was said, etc. to the visa
office's
    > Indian Desk and watch as the heads roll.
    > I'm also sending a letter to the head of that post to alert him or her to
what
    > his or her staff is doing, and asking the status of the case (what are
they
    > doing, what do they want, what are their concerns), plus all of the
statements
    > by those involved reiterating their story about their love developing,
which
    > also address the concerns expressed by the rogue Consular officer during
his
    > meeting with my beneficiary.
    > Of course, since I charge a flat rate fee, the client won't have to pay anything
    > more for this additional follow up work that I'll be doing in her case.
    > Hopefully, that will do the trick. We'll see.
    > Good luck with your case.
    > Regards, Matthew Udall Attorney
 
Old Aug 6th 2002, 5:30 pm
  #5  
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This is a new one Amy. The 221(g) cases you have read here all reported that it WAS noted not only on the OF-94 (the paper he was given after his interview), but ALSO in the passport.
So you could be caught in what may be the "new way" to perofrm the IBIS check.

Since you have an attorney, he should be able to find out what is going on. We will appreciate your posting what you find out also.

So have your fiance check his passport and see if it is marked in there.

Best Wishes,
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Old Aug 6th 2002, 6:35 pm
  #6  
Amy
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Default Re: VERY SAD Administrative Review at Mumbai consulate

Yes my lawyer is very surprise by all this. My finace was not told to come back that
they will contact him. They made very rude remarks, I hate to mention it here. They
sayed our relationship is ridiculos. We were both hurt by this deeply, the cruel
remarks they sayed. They basically saying we are lying about everything, hence the
lawyer is lying. My lawyer mentioned to me to do the same things you are doing, to
have sign/notarized statements about our relationship and our bonafide intentions of
getting married. They also sayed out of a billion people he could of chose someone
else besides me, a person who has two children.

Please let me know what happens when you get an answer from the Indian Desk. Maybe I
will have my lawyer do this to. Maybe join in with my lawyer. This is injustice.

amy















[email protected] (MDUdall) wrote in message
news:<[email protected]>...
    > Sounds familiar, as I just had one of my fiancée beneficiary's leave his K-1 visa
    > interview in New Delhi without his visa. According to report from my beneficiary,
    > it is not administrative review, but they are going to "investigate" his story. But
    > they did tell him to come back to their office in late September for another
    > appointment.
    > The person who interviewed him made some rather uncalled for statements (in my
    > opinion) about the fact that his U.S. citizen fiancée had been married before and
    > has 2 kids, that she is 5 years older than he, and that they have different
    > religious backgrounds (but not really as she is not that tied down to any
    > particular religion). Of course, none of those things even remotely relate to the
    > fact that they have met within the past 2 years, are both legally free to marry,
    > and that we provided ample evidence to demonstrate their loving relationship. The
    > interviewer said my beneficiary was "lying" to him, and that by extension I (the
    > attorney) was lying to him, and that it was not possible for this couple to be in
    > love (he said that in his opinion, they did not make a good couple, and that the
    > beneficiary can find a nice Indian girl to marry in an arranged marriage).
    > OK, this is war and I'm revving up for the fight. I've already gathered some
    > statements from the petitioner and beneficiary, a statement from the beneficiary's
    > brother and Mother concerning their knowledge and affection for the petitioner,
    > etc. (plus a few other items).
    > I've talked to another attorney friend of mine who has been practicing longer than
    > I, and he said the disparaging remarks made by a Consular staffer about an attorney
    > is a subject that has been litigated in the past (disparaging remarks made by
    > Consulate staff about other attorneys) and that the DOS takes that very seriously
    > and comes down hard on Consulate staff that make such comments (as they are totally
    > uncalled for).
    > That gives me an "in" to complain about this to the higher authorities in
    > Washington DC, which I am going to do. I'm sending a package of information, my
    > write up, my client's write ups about what was said, etc. to the visa office's
    > Indian Desk and watch as the heads roll.
    > I'm also sending a letter to the head of that post to alert him or her to what his
    > or her staff is doing, and asking the status of the case (what are they doing, what
    > do they want, what are their concerns), plus all of the statements by those
    > involved reiterating their story about their love developing, which also address
    > the concerns expressed by the rogue Consular officer during his meeting with my
    > beneficiary.
    > Of course, since I charge a flat rate fee, the client won't have to pay anything
    > more for this additional follow up work that I'll be doing in her case.
    > Hopefully, that will do the trick. We'll see.
    > Good luck with your case.
    > Regards, Matthew Udall Attorney
 
Old Aug 7th 2002, 1:12 am
  #7  
Karen
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Default Re: VERY SAD Administrative Review at Mumbai consulate

Don't despair Amy!!! My husband and I are in the exact same situation as your are
except i'm older than he is by 10 yrs. The Mumbai Consulate put our K3 case on Admin
Review on April 24, 2002. Yesterday, 2 officers from the embassy traveled 6 hrs by
train to investigate our case! My husband wasn't home at the time but his mother and
sister were there to corroborate our story. When the officers were about to leave my
sister in law asked the status of the case and they just smiled and said he will get
a call in letter. I would suggest to you to be patient, get a congressperson
involved. I believe it did help, the embassy has recieved inquiries on my behalf and
I believe they want to rush our k3 visa through before the I130 gets there so they
don't have to do all the paperwork that the permanent visa involves!! Hang in there,
and you can write me at my email address if I can support you in any way!!

Karen
 
Old Aug 7th 2002, 1:17 am
  #8  
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Default Re: Re: VERY SAD Administrative Review at Mumbai consulate

Hello Mr. Udall,

Welcome to the group. I noticed on your last reply concerning Indian 221(g)'s/administrative reviews, you mentioned you had not had one...yet.

i am a lingering recipient on the board, having gone thru the insults and degredation of Mumbai's Consular Officer. Rude statements were made to us also. Very, very similar to the ones your client received. I understand that fiance's are sensitve to the treatment of their loved one's and may be quick to say they were "mistreated" by a CO, but having watched the 221(g)s roll out of India it seems to be a real problem not a crying game.





Originally posted by Mdudall
["The person who interviewed him made some rather uncalled for statements (in my
opinion) about the fact that his U.S. citizen fiancée had been married before and has
2 kids, that she is 5 years older than he, and that they have different religious
backgrounds (but not really as she is not that tied down to any particular religion).
Of course, none of those things even remotely relate to the fact that they have met
within the past 2 years, are both legally free to marry, and that we provided ample
evidence to demonstrate their loving relationship. The interviewer said my
beneficiary was "lying" to him, and that by extension I (the attorney) was lying to
him, and that it was not possible for this couple to be in love (he said that in his
opinion, they did not make a good couple, and that the beneficiary can find a nice
Indian girl to marry in an arranged marriage)."

...........................

So close infact that it sounds like a script coming out of India now. If there is divorce, age or religious differences it seems to toss a 221(g) on the case. Then the fiance is snidely told EXACTLY what your client was told..."you are lying....can't you find a good Indian girl. Then told "we do not believe this is a love marriage". Bang. 221(g).
............................
OK, this is war and I'm revving up for the fight. I've already gathered some
statements from the petitioner and beneficiary, a statement from the beneficiary's
brother and Mother concerning their knowledge and affection for the petitioner, etc.
(plus a few other items).

I've talked to another attorney friend of mine who has been practicing longer than
I, and he said the disparaging remarks made by a Consular staffer about an attorney
is a subject that has been litigated in the past (disparaging remarks made by
Consulate staff about other attorneys) and that the DOS takes that very seriously
and comes down hard on Consulate staff that make such comments (as they are totally
uncalled for).
That gives me an "in" to complain about this to the higher authorities in Washington
DC, which I am going to do. I'm sending a package of information, my write up, my
client's write ups about what was said, etc. to the visa office's Indian Desk and
watch as the heads roll.
................................

We are watching! Keep us updated Please.
................................
I'm also sending a letter to the head of that post to alert him or her to what his or
her staff is doing, and asking the status of the case (what are they doing, what do
they want, what are their concerns), plus all of the statements by those involved
reiterating their story about their love developing, which also address the concerns
expressed by the rogue Consular officer during his meeting with my beneficiary.
Of course, since I charge a flat rate fee, the client won't have to pay anything more
for this additional follow up work that I'll be doing in her case.

Hopefully, that will do the trick. We'll see.

Good luck with your case.

Regards, Matthew Udall Attorney


[/B]
................................
This will be the first case here that had a "mad as a hornet" attorney behind them. When you do this for your client, you do this for us all It is your moment of altuism, so inform us.
Also please let us know, for those here who are in this situation without the strength of an Attorney. Is there a person an individual can lodge a complaint with at the DOS. During our wrangle with India i had made contact with Mr. Theodore Andrews, under Christina Rocca, who is head of Bureau of South Asian Affairs. Is this the appropriate person?

Best wishes and thanks
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Old Aug 7th 2002, 3:38 am
  #9  
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Hi Karen,
Good to hear there is some progress on your case!

But like Mr. Udall and Mrs. Blackross said...What does all this "investigation" have to do with the detrmination, if you have provided ample evidence of properly meeting and having a continued relationship and marriage.

Surely your husband is not a "minor" does the Embassy require parental approval? What would have happened if the family was not obliging? i understand the "newness" of intercontinental marriages to very traditional Indian families. If the family was not approving, should or could this have thwarted the visa?

It seems that it should now be reccomended that couples going thru Indian Consulates bring letters from mom and dad? They should also have with them pictures of their previous marriages? This is preposterous.

Best wishes on hearing good news soon and your being reunited. Stay strong.
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Old Aug 7th 2002, 5:39 pm
  #10  
Karen
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Default Re: VERY SAD Administrative Review at Mumbai consulate

    > and marriage.
    > Surely your husband is not a "minor" does the Embassy require parental approval?
    > What would have happened if the family was not obliging? i understand the
    > "newness" of intercontinental marriages to very traditional Indian families. If
    > the family was not approving, should or could this have thwarted the visa?
    > It seems that it should now be reccomended that couples going thru Indian
    > Consulates bring letters from mom and dad? They should also have with them
    > pictures of their previous marriages? This is preposterous.
    > Best wishes on hearing good news soon and your being reunited. Stay strong.


You make some good points Tara. I shudder to think that if my mother and father in
law didn't agree with our marriage...I'm thinking that would be ground enough for
them to deny the visa. The Indian Consulates are going to have to slowly figure out
one of these days soon, that people are increasingly meeting on the internet, the
world is becoming more and more global everyday. Can they give everyone a
221(g) or admin review for much longer without someone taking action? Now I am so
paranoid...my husband's family is doing some construction work on their house
and had to take pictures down from the walls...can they now deny him a visa
because there are no pics of us on the walls at the moment. Just a
joke...maybe it's not a joke though I have to say though that my sister in
law got very courteous treatment from the Indian guy and the American guy.
Hopefully everyone else on Admin Review will eventually get better treatment
in their own homes...these guys maybe realize they can't be pissing people far
away from the "safety" of the consulate!
 

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