Re: American System of Injustic
Here is a fine Immigration lawyer:
Possible problems ** The K-1 visa is a highly reliable visa if done correctly**. Nonetheless, about half of fiancees fail to receive their visa on the day of interview (our firm has a 97% success rate for first day issuance, and 100% eventual success). Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays (we have to go through it every once in a while ourselves, and, believe us, it is not pleasant), and possible denial or return of the petition to the USCIS for “administrative review” and possible revocation. Some of the more common issues that can lead, alone or in combination with other problems, to a denial/failure to issue are: 1. Missing documents
2. Incorrect paperwork
3. Insufficient income/savings of the U.S. citizen sponsor
4. Very large age difference between the couple
5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country
6. Poor English skills of fiancee
7. Couple hasn’t spent enough time together in person
8. Couple lacks sufficient evidence of recent day-to-day contact
9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen
10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making
11. Fiancee was previously in the U.S. and overstayed the visa
12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status
13. Fiancee has a criminal record
14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)
15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)
16. Petition includes a document that is deemed to be fraudulent As a general question, the first five problems listed above will result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the USCIS. Delays in such cases typically are measured in weeks rather than in months. Problems 6 through 10 above, which controvert the genuineness of the relationship between the couple, are typically sent back to the USCIS for administrative review/revocation or are sent to the Embassy’s Anti-Fraud Unit, which will assign an investigator to go to the fiancee’s home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceed six months.
Problems 11 through 16 above involve issues that render the beneficiary excludible from the U.S. as a matter of law. In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible (we have done this, for example, with clients that had a criminal conviction that we were able to convince the Embassy was not a crime of “moral turpitude” as defined by the U.S. Immigration and Nationality Act). If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is usually available, although such waivers can be difficult to obtain. The typical I-601 Application for an “extreme hardship” waiver takes four to six months to process.
The bold sections are mine, but according to this lawyers legal advertisement, the Fiance Visa application is a highly reliable process unless you screw up the paperwork. Hmmmm…
On the other hand, they do seem to try to screen out bogus relationships, criminals, liars, and those who previously overstayed Visas. Is this an injustice? Hardly. Given the fact that you actually met the woman only twice, it sure sounds like there might be some suspicion that the marriage was simply to get citizenship, rather than an emotional bond. So remind me again, which one of the 16 problems above was your problem?
but, we live in a world where no one ever assumes any responsibility, and everyone needs something, or someone to blame. Presumably you researched the Fiance Visa process ahead of time, or did you just think that your agency would help you when the time came? And of course, none of this problem could be because you screwed up the paperwork, right? So much easier to be posting on “Concentration Camps” and systemic injustice than to admit the problem may not have been an evil government, but well, your fault.