marriage visa denied in india

My
husband had an interview there a year ago and unfortunately was
denied a visa to the U.S. last Oct. 2002. We were devastated
and we have been writing and writing to anyone who will respond
asking for an appeal.... I finally got a response yesterday and
was welcomed to speak to someone in the Fraud dept. but was
told that they consider the case closed.

. Our case is very unique due to the fact that we are both older and have married for a second time. My husband has two children from his previous marriage and I have two children from my previous marriage. My husband has travelled to the U.S. previously on a business visa, we met briefly, and were only aquaintances, but several years later via the internet became very close. My husband had been divorced 5 years prior to our marriage. He decided to come to the U.S. to look into potential business opportunities and came to stay with me...we decided to marry...during that visit....and began the application procedure to bring his two children over as well.... but his daughter wasn't happy being separated from her papa and he was suffering emotionally too. So while we had received approval for all three to immigrate from the INS my husband and I decided to have him go back , obtain custody of the children and return to the U.S. His son is in need of adult supervision as he suffers from mild cerebral palsy and is retarded (mental age of a 5 year old child) .... his son is 17 now.....so his circumstances are quite unique and it looks to the embassy that he has married me to gain access to the U.S. But I know this man through and through and stand firm that this is not the case. Our finances are very poor and so before his leaving India he turned his apartment over to his ex-wife as the living environment was better for the kids....so when he returned of course she was present in this house....he used and uses his sister's flat as his sister lives in Kenya now. So when the embassy people came to visit he told them the truth that his wife was present in the apartment that day (she was in the restroom) and without them seeing her for themselves once inside the apt. they simple replied to him, we see how it is Mr. you have two wifes, the one in India and other in the U.S..... he tried to explain, but they were unwilling to listen and left.... and so denied him a visa based upon material misrepresentation 212 (a) (6) (1)....fraudulent marriage. Our lives have been turned upside down.... it has put a great financial burden as well upon us. Neither one of us can afford to hire a lawyer. I have been to seek advice and have been told it is impossible to overturn a decision by the Consulate....the law allows them complete authority and as unjust as it is no one can challenge them. We both have written asking for appeals last Nov. , but only dead silence until this week.... the hope seems faint but I am going to give it my best effort and intend to come to India so that my husband and I can go to the Consulate in person. I think this is our only chance so that they can see that our marriage is valid. I can not leave my husband and I know that is what they would love to see happen. If worst comes to worst we will try to immigrate to another country. I can not believe this all happened and believe me if I succeed I plan to become involved in politics somehow to change these unfair laws. I have contacted the ACLU and they can not help me, but what I would love to do is start an advocacy and to seek a class action lawsuit against the government for unfair practices, but again the law allows them to wield their power in such manner. They should have to come under the same scruntity as the INS and American law should not make them exempt in giving due process to the citizens of the U.S.. or any other nation. I know I am not the only one suffering but sincerely would like to see justice brought forward. Certainly there is fraud in some cases, but I contend that the fraud thrives within the embassies and that is where is it incubated with bribes , etc. People in glass houses should not be the first to cast stones. The other premise that disturbs me is that the consulates take on the perspective that you are guilty until proven innocent and the burden of proof rests upon the applicant.... generally the U.S. Constitution says that our citizens are innocent until proven guilty.... I am so upset with my government and so disappointed to see the reality of its practices and so disheartened that in some ways maybe I would be better off leaving my homeland and seek another country....but in reality how am I ever to find such a perfect place? It doesn't exist unless I leave this earth plane and return to the spirit world. So that is where I am and I will not give up and will work with this small opportunity hoping they will reconsider our case with me present....but they say that our case is closed and that the decision is final.... thanks for listening

My
husband had an interview there a year ago and unfortunately was
denied a visa to the U.S. last Oct. 2002. We were devastated
and we have been writing and writing to anyone who will respond
asking for an appeal.... I finally got a response yesterday and
was welcomed to speak to someone in the Fraud dept. but was
told that they consider the case closed.

. Our case is very unique due to the fact that we are both older and have married for a second time. My husband has two children from his previous marriage and I have two children from my previous marriage. My husband has travelled to the U.S. previously on a business visa, we met briefly, and were only aquaintances, but several years later via the internet became very close. My husband had been divorced 5 years prior to our marriage. He decided to come to the U.S. to look into potential business opportunities and came to stay with me...we decided to marry...during that visit....and began the application procedure to bring his two children over as well.... but his daughter wasn't happy being separated from her papa and he was suffering emotionally too. So while we had received approval for all three to immigrate from the INS my husband and I decided to have him go back , obtain custody of the children and return to the U.S. His son is in need of adult supervision as he suffers from mild cerebral palsy and is retarded (mental age of a 5 year old child) .... his son is 17 now.....so his circumstances are quite unique and it looks to the embassy that he has married me to gain access to the U.S. But I know this man through and through and stand firm that this is not the case. Our finances are very poor and so before his leaving India he turned his apartment over to his ex-wife as the living environment was better for the kids....so when he returned of course she was present in this house....he used and uses his sister's flat as his sister lives in Kenya now. So when the embassy people came to visit he told them the truth that his wife was present in the apartment that day (she was in the restroom) and without them seeing her for themselves once inside the apt. they simple replied to him, we see how it is Mr. you have two wifes, the one in India and other in the U.S..... he tried to explain, but they were unwilling to listen and left.... and so denied him a visa based upon material misrepresentation 212 (a) (6) (1)....fraudulent marriage. Our lives have been turned upside down.... it has put a great financial burden as well upon us. Neither one of us can afford to hire a lawyer. I have been to seek advice and have been told it is impossible to overturn a decision by the Consulate....the law allows them complete authority and as unjust as it is no one can challenge them. We both have written asking for appeals last Nov. , but only dead silence until this week.... the hope seems faint but I am going to give it my best effort and intend to come to India so that my husband and I can go to the Consulate in person. I think this is our only chance so that they can see that our marriage is valid. I can not leave my husband and I know that is what they would love to see happen. If worst comes to worst we will try to immigrate to another country. I can not believe this all happened and believe me if I succeed I plan to become involved in politics somehow to change these unfair laws. I have contacted the ACLU and they can not help me, but what I would love to do is start an advocacy and to seek a class action lawsuit against the government for unfair practices, but again the law allows them to wield their power in such manner. They should have to come under the same scruntity as the INS and American law should not make them exempt in giving due process to the citizens of the U.S.. or any other nation. I know I am not the only one suffering but sincerely would like to see justice brought forward. Certainly there is fraud in some cases, but I contend that the fraud thrives within the embassies and that is where is it incubated with bribes , etc. People in glass houses should not be the first to cast stones. The other premise that disturbs me is that the consulates take on the perspective that you are guilty until proven innocent and the burden of proof rests upon the applicant.... generally the U.S. Constitution says that our citizens are innocent until proven guilty.... I am so upset with my government and so disappointed to see the reality of its practices and so disheartened that in some ways maybe I would be better off leaving my homeland and seek another country....but in reality how am I ever to find such a perfect place? It doesn't exist unless I leave this earth plane and return to the spirit world. So that is where I am and I will not give up and will work with this small opportunity hoping they will reconsider our case with me present....but they say that our case is closed and that the decision is final.... thanks for listening

That is quite a long post and apologies that I didn't have the patience to read it all through, but from as far as I got, I'd advise to you that you re-apply and gather all evidence necessary to prove that he is a monogamous person and that he's divorced now and the relationship to his former wife is on routine business only (if all that, in fact, is the situation!).

As a petitioner for immigration benefits, the burden of proof lies upon you. Foreign nationals, especially if they're out of U.S. juristiction have no right to appeal. Depending on from which country he originates or religious or cultural background he is, it may be a very difficult case to prove. Good luck!

Well I did read all your post. I am curious which Consulate your husband is being processed at in India. I married my husband in India in April and am currenly going through the K3 process, and he will be processed in Mumbai. I am six years older than my husband and divorced with three kids. I worry they will question the validity of our marriage although we have a perfectly valid marriage. I am daily stressed for the horror stories I have heard. I, too, could not afford an attorney. Am still waiting to hear from Chicago for approval of the K3 petition so it can be forwarded on. I, too, wonder what are my options if his visa is denied in Mumbai? I have heard there are no options if denied. This would mean I also would have to leave this country in order to be with my husband. It's heartbreaking what they are doing to families who desire only to be reunited.

[Umesh Passi]

It is really a sad story but Consulate people are just doing their duty. They visit and investigate only if they have suspicion of a fraud.
Now your husband should get an affidavit from his ex-wife to the facts and a certified copy of Divorce Decree from the Court. In case you, decide to visit there then you must see some higher officers in the Consulate and try to resolve the situation. If they ask you to apply again, you should do it then and there. There is a INS office in Delhi and all processing will be done there. INS there takes about 2 - 3 months for processing.
Good luck.

Thank you for the advice. It is such a gruelling process. I did get some communication from the Consulate but only to be put off again....it seems that all we come up against are brick walls once we think we are getting somewhere. I know the burden of proof is upon us, but no one will give us the opportunity to defend ourselves and submit our proof. There minds and hearts are closed and they absolutely have no care or concern that there is a possibility that they may have made a misjudgment. I realize there is no way that they would ever be willing to admit that it is possible that they were ever wrong about their assessment. As far as they are concerned they smelled a rat and therefore it is a rat. What is so disappointing is that this is not the philosophy that our U.S. Constitution was founded upon.... I realize that it is the law, but the law definitely needs to be changed. But unfortunately that is not going to happen for some time as long as current war climate persists. Everyone is suspect and everyone is capable of fraud. Ok, I accept that.... but where is the "fair trial"? We have been accused and convicted without a fair trial!!! That is what happens in totalitarian societies and not susposed to happen in the U.S. Of course the argument here is that the Consulates are off U.S. soil and do not have to follow the same laws as the INS does inside the U.S.

Anyway, we are still writing letters & requests for an in-person appointment. My husband needs to get as many notorized letters as possible where people can attest to his claims of cohabitating with his ex-wife. The problem is that he has a handicapped son who needs 24/7 supervision . My husband gave her & the kids his residence. He goes there often, but does not sleep there. But, trying to convince the Consulate of this is another thing. They say he is still married to her. So this is the battle we have now. I think it would be easier for us to both immigrate to another country. I would come to India, but I have two sons who could not adapt to the climate or envirnoment easily, particularly in the Gujarat region where the heat is horrible. My husband and I have considered Canada, but he is certain that would propose difficulty too as he has been black listed from the U.S. We haven't seen one another for 3 and 1/2 years and it is becoming intolerable. I do plan to go to India within the next 6 months, but want to coordinate my visit with an appointment to the Consulate. I think maybe to convince the Consulate we might want to marry as well under the the Indian law. So if we do then logically speaking how could my husband be married to two women at the same time. Polygamy is not illegal in India as far as I know. My husband had been under administrative review prior to our denial. It is best that your wife live with you and and if possible your ex stay as far away from your life as possible so that no red flags appear. I wish we had been aware of all this prior to my husband's leaving the U.S. In fact I would not have allowed him to leave. He had approval for a visa here, but wasn't able to stay for the interview and so we redirected it all through the Consulate. I wish I could reverse time. One lawyer even suggested that somehow I get him inside the U.S. even illegally and that we would have a better chance to fight this all. But, my husband refuses to do this and I too agree that it is too risky and that we have more to lose than to gain and that it would be a very foolish thing to do. I will keep you posted on what happens with us