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Can this possibly work? Fresh approach or mistake?!

Can this possibly work? Fresh approach or mistake?!

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Old Dec 6th 2003, 10:09 pm
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Default Can this possibly work? Fresh approach or mistake?!

All -

Preface
I have to say that it is a bit unlike me to ask for advice on something like this, I am ordinarily a very self-confident sort, BUT, I value the input of members of this community of individuals who share common problems concerning marriage based immigration issues. Further, I am losing some of my self-confidence when it comes to these matters.

Background
For those of you who just tuned in, a bit of background: My wife and I embarked on this journey on October 2, 2002, when we were married in Denver. I filed our I-130 petition in late November, 2002 and our I-129F petition in late December, 2002. Our I-129F petition was approved March 12, 2003 and our package was sent from the NVC to the Moscow Consulate on October 1, 2003. My wife's interview was on November 26, 2003. She was told, after a difficult interview that she would not be receiving her visa because she had not provided proof of US health insurance. I sent the required proof the day of her interview via DHL Express and the package was received by the consulate on November 28, 2003. The consulate has yet to acknowledge receipt of the package.

Analysis
After many interesting conversations with a wide variety of friends and acquaintances, I have arrived at the conclusion that the requirement that we provide proof of US health insurance was merely a stalling tactic to give the consulate time to come up with a reason to deny the visa, if they can find such a reason, or grant the visa if they can't. As Mr. Folinskyinla said so clearly (and I am paraphrasing here), "Denial is the default response". I believe that because of the fact that not all applicants are required to provide proof of US health insurance, only those who the consulate has flagged as being possible problems. Had we provided such proof at the interview, they would have come up with another requirement to buy the time they need.

So here are the questions:
Since we are sort of left dangling by the Consular Officer's actions and it is possible that they could hold up approval of my wife's visa for several days to several months, I am wondering if it makes sense for me to just sit down a write an email to send to the consulate email address, asking that it be forwarded to the Consular Officer in charge of our case. The message would contain several things; a.) acknowledgement of the necessity for screening applicants in an aggressive manner when fraud is suspected; b.) acknowledgement that it is a difficult job with few rewards; c.) an explanation of how my wife and I met, dated, fell in love, agreed to marry, were married and how we have followed the rules as we have understood them every step of the way; d.) emphasizing the fact that, despite many offers of financial assistance on my part, she has never accepted a dime from me up until the time of the interview when I paid her expenses for the trip to Moscow; e.) a request that our case be reviewed in a positive light.

At this juncture, do you think a message as described above could/would be misconstrued? Is the laundry list of topics to be covered too long/too short?

As I see hope of my wife and stepdaughter being here for Christmas slipping away, I am wondering, what do I have to lose? Could such a letter have a positive impact/negative impact? Has anyone ever heard of anyone doing something like this before? What were the results? I am maintaining a positive attitude about this whole process, but now I am beginning to question whether I am foolish to be so positive, given the facts. Am I missing something here?

Your feedback and discussion points are welcome. Thanks in advance for your input.

Richard III
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Old Dec 6th 2003, 10:54 pm
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Default Re: Can this possibly work? Fresh approach or mistake?!

Richard,

I wish I had an answer for you, but right now I just have more questions. Truth is, I think your wife just got stuck with a mean ConOff. I recall that you had said that several others who had gone thru that ConOff were stalled for the same reasons (health insurance). I'm kind of worried because it seems the consulate in Cairo also has one such vindicative officer among its staff. I wonder, is the decision to deny or approve a case entirely up to the ConOff who interviews the applicant? Can an unfavorable decision be appealed? Can an applicant request a different ConOff?
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Old Dec 7th 2003, 1:11 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Hi Richard,

I think emailing something to the consulate is a good idea. However, I would be extremely careful in wording. I would try to keep it very positive thought-wise. Saying how you and your wife met, fell in love, married, and followed all the rules to a tee, are all very good. However, if it starts sounding like complaining or telling the Consulars how to do their job, I'd rewrite or leave out that part. You don't want to anger anyone, and we've been told time and again in the NG how ConOffs hate someone telling them how to do their job. I'd try to keep it sounding like you are completely expecting to receive the visa, and you are simply backing that up with this email.

Hope my thoughts help somewhat, and I wish you all the very best.

Rene
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Old Dec 7th 2003, 1:51 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Heba -

The way I understood it, the ConOffs have the ultimate authority and cannot be over-ridden. I don't know about requesting a different ConOff, but it seems doubtful to me.

That is what worries me.

Richard III

Originally posted by Hebapotamus42
Richard,

I wish I had an answer for you, but right now I just have more questions. Truth is, I think your wife just got stuck with a mean ConOff. I recall that you had said that several others who had gone thru that ConOff were stalled for the same reasons (health insurance). I'm kind of worried because it seems the consulate in Cairo also has one such vindicative officer among its staff. I wonder, is the decision to deny or approve a case entirely up to the ConOff who interviews the applicant? Can an unfavorable decision be appealed? Can an applicant request a different ConOff?
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Old Dec 7th 2003, 2:03 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Rene -

I know, I'll have to write, read, edit, sleep on it, re-edit and be super-sensitive and diplomatic. This may be the most important cummunication I write in my lifetime. I will clearly have to do it right. I appreciate your feedback, thank you.

Richard III

Originally posted by Noorah101
Hi Richard,

I think emailing something to the consulate is a good idea. However, I would be extremely careful in wording. I would try to keep it very positive thought-wise. Saying how you and your wife met, fell in love, married, and followed all the rules to a tee, are all very good. However, if it starts sounding like complaining or telling the Consulars how to do their job, I'd rewrite or leave out that part. You don't want to anger anyone, and we've been told time and again in the NG how ConOffs hate someone telling them how to do their job. I'd try to keep it sounding like you are completely expecting to receive the visa, and you are simply backing that up with this email.

Hope my thoughts help somewhat, and I wish you all the very best.

Rene
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Old Dec 7th 2003, 2:03 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

As a native-Russian, i'm impressed by your English and grammar skills. Were you raised elsewhere like the UK?

Anyways. They can't just deny your visa for no reason. They do have the right to take their sweet-ass time, so if you're asking if you can badger them to hurry up -- sometimes it works, usually it doesn't. There's nothing stopping you of course from calling or writing them -- but be careful on all those "we met here and there" type letters. They keep track of all that, and if anything ever doesn't match up in an interview or what have ya -- you could be denied.

And your appeal options are kinda limited being off us-soil. If you get denied, you're denied.

-= nav =-
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Old Dec 7th 2003, 2:21 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

nav -

Thanks, I'm a second-generation Colorado native, but English was always one of my better subjects.

I value your input. I, in no way, want to do anything that antagonizes the ConOff. Further I don't want to rush them, or put on the appearance that I do. My intention would be to provide evidence that I am a genuine human being who loves and cherishes his wife and who is loved and cherished by his wife. I don't want to sit on my hands if doing something would help; on the other hand, I want no part of making things worse.

Life is so short, I just want to spend a little more of it with my wife and stepdaughter. Thank you for your response.

Richard III - wasn't he the crazy one??

Originally posted by supernav
As a native-Russian, i'm impressed by your English and grammar skills. Were you raised elsewhere like the UK?

Anyways. They can't just deny your visa for no reason. They do have the right to take their sweet-ass time, so if you're asking if you can badger them to hurry up -- sometimes it works, usually it doesn't. There's nothing stopping you of course from calling or writing them -- but be careful on all those "we met here and there" type letters. They keep track of all that, and if anything ever doesn't match up in an interview or what have ya -- you could be denied.

And your appeal options are kinda limited being off us-soil. If you get denied, you're denied.

-= nav =-
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Old Dec 7th 2003, 3:22 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Originally posted by Richard III
Thanks, I'm a second-generation Colorado native, but English was always one of my better subjects...
Richard III - wasn't he the crazy one??
Richard,

I just gotta love your sense of humor!
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Old Dec 7th 2003, 3:36 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Richard,
I would think that a short sweet email sent to the consulate would not be bad. Something like asking if they received your insurance documentation, if the ConOff was in receipt of this info, and if there were anything else he needed to adjudicate your fiancees visa in a positive light. Did you not have to submit a letter explaining relationship when you submitted I-130 or the I-129F? We went through the K1/2 route, so I am not sure of what is required for K3/4.

It is pretty tough to go through Moscow, but why do you think they would want to deny her? Was it because she married here on student or tourist visa? I would think that by going back to Russia, that would show she and you wanted to do the right thing!

Did they keep her international passport??

Best of luck to you Richard, and to your fiancee! I hope this is cleared up very soon!
Chris
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Old Dec 7th 2003, 3:46 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Oooopppsss,

Sorry Richard, but I referred to your wife as your fiancee twice! it is tired, and I am late from all this cleaning! Best wishes for you and your wife!
Chris
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Old Dec 7th 2003, 4:17 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Chris -

Of course, I already sent an email asking for acknowledgement of receipt of the package I sent. God, I don't know what I sent with I-130/I-129F - it seems like a lifetime ago. I honestly don't know what the beef is. We saw an immigration attorney to figure out what our options were long before we were married, and took what seemed, at the time, to be the most logical path, following ALL the rules. We were married in the final few days of her tourist visa, but she returned to Russia with no overstay.

Yes, they kept her international passport, as well as my stepdaughter's. I took that to be a good sign, but I really don't know that it is. I was just looking for things to be positive about ;^).

Thanks for your input, I appreciate it. All the best to you and yours.

Richard III

Originally posted by cafisher03
Richard,
I would think that a short sweet email sent to the consulate would not be bad. Something like asking if they received your insurance documentation, if the ConOff was in receipt of this info, and if there were anything else he needed to adjudicate your fiancees visa in a positive light. Did you not have to submit a letter explaining relationship when you submitted I-130 or the I-129F? We went through the K1/2 route, so I am not sure of what is required for K3/4.

It is pretty tough to go through Moscow, but why do you think they would want to deny her? Was it because she married here on student or tourist visa? I would think that by going back to Russia, that would show she and you wanted to do the right thing!

Did they keep her international passport??

Best of luck to you Richard, and to your fiancee! I hope this is cleared up very soon!
Chris
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Old Dec 7th 2003, 4:22 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Chris -

Think nothing of it. I knew what you meant. I know what you mean about the cleaning. What is comfortable for me, by myself MAY not be okay when my wife and stepdaughter arrive. Maybe I should hire a maid ;^). Naaaaaaaaah.

Take care of yourself -

Richard III

Originally posted by cafisher03
Oooopppsss,

Sorry Richard, but I referred to your wife as your fiancee twice! it is tired, and I am late from all this cleaning! Best wishes for you and your wife!
Chris
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Old Dec 7th 2003, 4:24 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Heba -

You've got to admit, this is really cheap entertainment!! ;^)

Richard III

Originally posted by Hebapotamus42
Richard,

I just gotta love your sense of humor!
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Old Dec 7th 2003, 4:39 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

I can't say with gospel authority, but I take that as a very good sign that they kept the passport. I have heard of others that have had difficulties, such as missing documents, where they were actually given a new interview date and their passport was handed back to them. When Alina had her interview last week, we both felt a lot of pity for one woman that had her police certificate, but it did not contain her maiden name. She was given back her passport and told to come again another day. Sure, I understand that they could send via DHL with no visa, but I have not heard or read of this happening in my short time in this process.
What was response from consulate when you verified receipt? Just "Yes, we have it."
What type of evidence did you submit to prove your relationship? Just the normal requirements for a K1 or K3? Did you submit anything that reflected both your name and your wife's name, ie electric bill, checking account, mortgage? I read you got married at the end of her visa, so you probably did not get a chance to do this. Maybe they just wanted more proof that this was not a marriage of convenience. I guess they think that you would not have her on your insurance if you were just helping her stay in America.
I am sure you will get approval soon. Hope you both see that light at the end of the tunnel very soon!

Chris
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Old Dec 7th 2003, 5:00 am
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Default Re: Can this possibly work? Fresh approach or mistake?!

Richard,

I know exactly how you're feeling right now. I'm agonizing over doing the same thing!

My husband and I have spoken several times now since his interview and the more we speak it seems that the second interview is a maybe - maybe they will and maybe they won't.

So, I'm in the same boat. If all they want is the tax information and the Vindictive Consular Officer (VCO) was just giving him a hard time to test his mettle, do I "rock the boat" by sending in a pleading letter? As one of my colleagues put it, wouldn't that be a bit of overkill? Maybe you should just see what happens and then send letters if you need to. After all, they did make him pay for his courier envelope by which they would send the visa and my husband said she absolutely saw the volume of evidence he was prepared to show her including a photo album 3 inches thick! Therefore, she knows we have tangible proof of our ability to communicate.

On the other hand, if the VCO did have doubts about our ability to communicate, what would it hurt to send in letters from some of my colleagues who recently spent time with my husband while in Bucharest? How could it hurt if I detailed how even when neither of us spoke a lick of Arabic or English, we were very clever about how we communicated - he roped his best friend into chaperoning us on dates, he had his sister translate when he introduced me to his family and I befriended the man in the hotel gift shop to write what I wanted to convey in Arabic.

In my case, the VCO may ignore such letters or, worse, see cynically as attempts to sway the decision in our favor. I suppose they pride themselves on being immune to emotional pleas. Plus, based on her line of questioning, it wasn't just the communication, it was why we took so long to file the I-130 and then the K3. Oh, I just don't know!

I feel so much for your Richard. I know exactly what you're going through. It's like being dangled over a bit abyss! You don't know if the person dangling is going to just let you drop or if they'll rescue you and pull you back in!

To write or not to write...that is the question!

Patty Khadijah
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