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any experience with The Gambian Consulate

any experience with The Gambian Consulate

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Old Sep 16th 2001, 4:12 am
  #1  
Emilandshannon
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My Gambian fiance and I are just beginning the K-1 process. The Gambia is one of the
smallest countries in Africa..as such, (non-immigrant) visa interviews tend to be
granted fairly quickly (within 1-2 weeks of submission for an F-1 student visa, for
example...this is fast compared to most other places in West Africa). Most everyone
who legitimately applies is denied, however. It seems to be a situation where it's
all about who you know...who you've talked to in advance..politics, etc. etc. (and
you know what else $$). We are turning to this process after 2 failed attempts at an
F-1-- both of which my fiance had a full scholarship to study computer science at a
community college near the town where I reside in the US (and there was a 1-yr
waiting period between applications). Each time he's been given an invalid (bogus)
reason for the denial--the latest reason was because "the US was no longer granting
visa to foreign students attending community college" (of course that's not
true...FYI, 53 other students were interviewing at the embassy that day, and all
were denied).

We have known each other for about 18 mo., and got engaged over the summer-- about
one month before his latest denial. Over the course of that time, we've been blessed
with the opportunity to spend 2-3 weeks with each other (in The Gambia and traveling
throughout West Africa) every three months, and we spent 2 1/2 months together this
past summer. We have set a wedding date for June 1st (2002).

At this point, given the Embassy's reputation, I am very nervous about the whole K-1
process. I am also concerned that we will be penalized because he has had two
previous visa applications denied (this was not an attempt at fraud...he has been
trying to further his education by getting his Microsoft Certification(MCSE)). Any
insight and information would be helpful.

Shan
 
Old Sep 16th 2001, 4:28 am
  #2  
R Haney
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Shan, According to what I've read from immigration attorneys, a US citizen can NOT
have a K-1 visa request denied on the basis of prior denials. (Regardless of the type
of previous request.) Each K-1 filing must be considered of its own merit. Whether or
not this is the reality, I don't know. But, if your fiance has no criminal record, I
think your chances are good. In my case, I believe SATURATING the INS with proof of
relationship (photos, receipts, phone bills, etc.), and making sure every aspect of
the application process was correct provided successful results; rather quickly, too.
I wish you the best, and God be with us all now.

~Ralph Haney MCSE
 
Old Sep 16th 2001, 4:45 am
  #3  
Onigiri
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Read www.k1faq.com completely. You will find that all previous non-immigrant visa
refusals are irrelevant. Having met your fiancee within the last two years ( being
able to prove that ) and having sufficient income to sponsor your fiancee's migration
to the US are the two key factors.

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Old Sep 16th 2001, 4:46 am
  #4  
Michael Voight
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emilandshannon wrote:

.he has been trying to further his education by
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They probably felt that once in the US, he may want to leave. It isn't much different
than the many people that are denied tourist visas. Being denied tourist visas
doesn't affect their ability to get a K-1.

They can not deny him the K-1 simply be cause his F-1 was denied. After all, with
the K-1, they expect you to enter the US and stay, so there is no concern about
him staying.
 
Old Sep 16th 2001, 10:25 am
  #5  
Alvena Ferreira
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emilandshannon wrote:
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It may help if you attend the interview also, as a show of support for your fiance.
Even if they do not let you into the interview, his being able to say that you are
waiting outside may be a deciding factor, as it has been at other consulates. I say,
make your presence known on that day, and it may make a difference. It appears to be
easier to deny a fiance who waits alone than one who waits with the US fiance at
his/her side, based on experiences at other consulates.

Someone posted that the consulate asked the interviewing fiance when was the last
time she saw her fiance....when she replied, "just a few minutes ago, he is out in
the waiting room," the visa was granted immediately. (I think this was in India,
by the way)

I recommend that if there is any way possible, you be there, and your fiance
advise the consulate during the interview, in a subtle manner of course, that you
are waiting directly outside. This may tip the scales in your favor if there is
any doubt.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/ Doc
Steen's Marriage Visa Information Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
 
Old Sep 16th 2001, 1:44 pm
  #6  
Emilandshannon
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Thanks for the info Ralph (and others). This is encouraging news.

OK..I am actually heading for Gambia in one week. During my visit I am going collect
all of my fiance's forms and supporting doc's (we've had trouble finding someone to
do the photos correctly...he needs to sign his biographical form...I would also like
a copy of his birth certificate...and the mail is slow and unreliable). As soon as I
return I am going to file the I-129. I already have everything for the I-134.

Questions:

1. Do you think I should stop by the Embassy while I am there to clarify their
procedures and requirements for the K-1? If so, what other questions should I ask
(DCF?...cabling/provisional files? anything else?).

2. Should I try to make an appointment, or visit during the hours for American
Citizen services?...or simply inquire at the window (I've never visited the
Embassy in The Gambia). Should I bring my fiance along...or go by myself?

3. Should I leave the I-129 with my fiance when I leave (or send it later via DHL)?

Final question: I was reading Jamerican's website and he mentioned returning to
Jamaica with his I-797 and showing up at the Embassy to collect the packet 3/4? Is
this only possible if they accept cabled petitions? (Since the mail is so unreliable
locally, it would shave off lots of time for us...could this be an option for us?).

Again, The Gambia is so small (only 1M people) it is possible that they don't
routinely process alot of K-1's. If so, I would guess that it's been special cases
where the USC was a peace corp volunteer, NGO worker, etc. (there's alot more
activity at the British High Commission...lots of expatriates marrying Gambians). The
Embassy doesn't respond to questions via email (although I hear that they have email
access), so many of these questions can only be answered in country. So, I want to
take advantage of the opportunity to gain as much info as I can from the Embassy
while I am there.

Any insight that anyone has regarding the questions above will be helpful.

Shan R Haney" <[email protected]>
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