ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionK2 Visa Denied...Family in Distress We need help!
This is so horrible! I have been on these boards for two and a half years because of my own (K-1) visa rejected by an incompenetent CO for a flimsy "reason" and have seen it happen again and again. The first thing to do is relax and realize that you are completely helpless. Okay, now, keep calling the Embassy and talking to whomever will talk to you. This probably won't work but you never know. Do try to demand a 221g which is a letter explaining the refusal. I would also talk to my lawyer about reapplying. You may dread the idea thinking about the long wait but you also don't want to waste time hoping for some thing that just isn't going to happen with this petition. When you do reapply you can spell out what happened in detail in the application and when/if it is approved by the USCIS, hopefully the consulate will have a really hard time denying a petition that has been approved twice by the USCIS. You also don't want your stepdaughter to turn 21 before this nightmare ends!

Most of all, take care of your new wife and daughters. I can't imagine the pain they are feeling being seperated from their daughter and sister.

Best of luck!!!
sakurasamaFemale02007-09-09 07:44:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNOA1 on 31st July 2006 ... 199 Days
Lucy,
I am so sorry to hear what you are going through. I won't lay out my whole story but I have been waiting two years to get my boyfriend here and I have suffered through the same, "Why me?!!!" that you are going through. There is no answer! The USCIS has seemed to be the most arbitrary institution I have ever dealt with in my life and if you try to understand it it will only make you crazy. Just know that you are not the only one because I know sometimes I feel like I am the only one left behind.

Being apart, appealing, figuring out your next step can either take a toll on your relationship or build up a lot of trust and commitment. After our first petition was denied my boyfriend and I had a serious talk and decided that we were going to stick it out, no matter what. That has really held us together and one thing I have defintely gained through all of this is a great trust in my fiance. So many people have told me that they could never wait as long as I have or go through all the hell and I always think, "wow, am I glad I am not marrying you" and I appreciate again what a great guy I have found that is willing to stay with me when the going gets rough.

Good luck and I really really wish you the best.
sakurasamaFemale02007-03-08 20:39:00
K-1 Fiance(e) Visa Process & ProceduresMy case expired?! Now what?
Desert Fox, I am a woman.

My NOV2 was set to expire in September. Since my fiance's interview was scheduled for August by the Embassy and at the interview they requested additional documents I was worried then that my case was set to expire. I asked an immigration lawyer and she said I should go by what the Embassy tells me which makes sense as the Embassy schedules your interview and could do so after your NOV2 expiration date.

As for my document being sufficient, they made no mention of it. They simply said my case had expired. I think I can assume if considered my document would have been sufficient as I was told via email that they would accept my 2005 tax return instead of a cosponsor. The letter says my case has been returned to the NVC and my fiance told me that the person he spoke with at the mbassy told me that they sent the case back after they received his passport and our final paperwork.

It just seems kind of arbitrary. I was very careful with all of our paperwork. My fiance and I have been together for two years and have a bona fide relationship which I think I adequately demonstrated.

Any other suggestions for what I should do next?
sakurasamaFemale02006-05-12 16:30:00
K-1 Fiance(e) Visa Process & ProceduresMy case expired?! Now what?
I have made an appointment to meet with my congressperson! That was one of my friend's suggestion too. Do you think they could actually help?

I never received any letters, nor did my fiance, warning us that our case might expire. I would think continually haranging the Embassy via email might be evidence enough that we still intend to marry! Would writing letter to the Embassy help at this point? Can they recall our petition?

Yes, after the interview, they gave him a paper requesting additional documents
sakurasamaFemale02006-05-12 15:19:00
K-1 Fiance(e) Visa Process & ProceduresMy case expired?! Now what?
I started my fiance visa process in April '05. The process went along. My fiance had his interview in August '05 and was not issued a visa because I did not meet the income requirements for the previous three years. The earlier two years and the current year was fine but for tax year '04 I was in India (where I met my fiance!) doing volunteer work and not income producing. On the paper they gave him it seemed to suggest that we had one year to submit the extra paperwork. They requested a cosponsor but I didn't have one and so I talked to an immigration lawyer and emailed the Embassy various other options, like showing assets hoping I could use this in lieu of a cosponsor. The Embassy replied to possibly one out of every 10 emails I sent and rarely with any meaningful information (usually with only a reinteration of facts I already knew) and calling the Embassy resulted in getting disconnected or sent to the wrong person or put on perpetual hold. Finally, finally finally in March of this year the Embassy replied to one of my emails saying that I could use my 2005 taxes and W-2 and if the income was sufficient I would not need a cosponsor. I was jubilant and sent the papers to my fiance right away who brought them right to the Embassy with his passport. The person at the Embassy accepted his passport and the papers and said he would receive his visa in 10 days. Three weeks passed and we start calling and emailing. Finally my fiance gets his passport returned with a letter saying our case has expired and the Consular Officer has decided not to renew it and has sent it back to the National Visa Center. My Fiance went to the Embassy and they said there is nothing more to do, the case expired four months ago. I am utterly baffled. There doesn't seem to be anything in any paperwork that I can find an expiration date, except for the letter from the interview which says that if the papers are not submitted in 12 months our case is cancelled. I have contacted the Embassy numerous times in the last four months, my fiance has been at the Embassy in person to ask about the case at least twice in the last four months; is it possible that no one bothered to mention that our case was expired?

Do I have any recourse? Any good ideas? If it has expired am I just supposed to reapply? but if I reapply won't I have the same income snafus? My fiance and I have talked and we are completely commited to each other no matter what happens but after a year of visa hell my mental heath is just about to give out.

I am so desperate.
sakurasamaFemale02006-05-12 14:43:00
K-1 Fiance(e) Visa Process & Proceduresneed advice about going to my Senator
Okay, I will try and hope for the best and expect nothing! If there is one thing I have learned through this visa process, I have learned that and patience. Oh, and that antidepressants really do work. My fiance is a Tibetan refugee and we started our application in April 2005 and still have not come close to getting a visa. At every turn we have met obstacles, most of them seemingly arbitrary but hope sprngs eternal.
sakurasamaFemale02006-05-25 12:47:00
K-1 Fiance(e) Visa Process & Proceduresneed advice about going to my Senator
Okay, well, back to my original question: are two Senators better than one? And are Representatives useful as well?
sakurasamaFemale02006-05-24 16:14:00
K-1 Fiance(e) Visa Process & Proceduresneed advice about going to my Senator
My petition is being returned from the Embassy back to NVC. After repeatedly contacting NVC and them telling me that they have not received it yet THEY told me to contact my Senator as Senators have a direct way to contact Embassys that they don't have. So I am neither "threatening" USCIS or making a fool of myself, thanks.
sakurasamaFemale02006-05-24 13:19:00
K-1 Fiance(e) Visa Process & Proceduresneed advice about going to my Senator
Hi, My petition has been lost somewhere between the Embassy and NVC. I am going to contact my Senator to help me find it. Should I try to use both my state Senators or is that overkill? Should I go whole hog and try to contact my Representatives too hedging my bets that I will find one person that is interested in my case? What about using local politicians? Are only national level politicians able to help ith these issues?

Thanks!
sakurasamaFemale02006-05-24 12:44:00
K-1 Fiance(e) Visa Process & ProceduresPetition sent back to DHS, has anyone been through this?
My fiance visa petition expired while I was getting the additional paperwork ready (despite my contacting the Embassy numerous times trying unsucessfully to get answers to questions I had about the paperwork and asking for an extension!!). The consular officer "was not convinced of the relationship" (I honestly think it is embassy laziness; my fiance and I have lived together for eight months and have been dating for two and a half years!!!!!) and so didn't opt to extend the visa even though we had submitted all of our paperwork. Our petition has been sent back to the National Visa center who is sending it to the Department of Homeland Security who is giving it to the California Service Center who first approved it and according to the officer I spoke with at Homeland Security I will be sent a letter saying they intend to revoke my petition and giving me 30 days to prove the Embassy made a mistake. As I do have a bona fide relationship I was going to send about a hundred photos of us together, a few hundred emails, pages and pages of love letters, and letters from our friends and family attesting to the veracity of our relationship. Is this what they want? Has anyone been through something similiar? At least every immigration official I have talked to in America has been a lot easier to deal with than anyone at the New Delhi Embassy.

Also if my fiance petition is dismissed I plan to go to India to marry my fiance and then apply for a spousal visa. Does this seem likely to work if we have been rejected for a fiance visa? ARGHHHH, all I want to do is marry my boyfriend!!!!!!! This whole thing has made me into a crazy person. I feel like reality doesn't apply anymore.
sakurasamaFemale02006-07-12 10:07:00
K-1 Fiance(e) Visa Process & ProceduresRecommend a good immigration lawyer in Atlanta?
Martindart,

You should be my misery penpal! I am on antidepressants, I periodically yell at people for no reason and my best friend is my dog because she is the only one I want to spend time with anymore. The visa process has made me crazy. And none of my friends or family members really understand what it is like.
sakurasamaFemale02006-07-12 21:42:00
K-1 Fiance(e) Visa Process & ProceduresRecommend a good immigration lawyer in Atlanta?
Martindart-

Any ideas how to "prove" a real relationship? I was going to send about a hundred photos of my fiance and I together, a few hundred emails, pages and pages of love letters, and letters from our friends and family attesting to the veracity of our relationship. Is this what they want? I guess the best thing is to read the report that the Consular officer furnishes and rebut it point by point? I think I do have some naked pictures of my boyfriend- would that be REAL enough for them?!

What have you done or what is your plan?
sakurasamaFemale02006-07-12 21:06:00
K-1 Fiance(e) Visa Process & ProceduresRecommend a good immigration lawyer in Atlanta?
My fiance and I met in April 2004 in Dharamsala India. He is a Tibetan refugee. I spent a year there as a volunteer teaching English. In April 2005 we started our fiance visa process. Everything was going well. He had his interview in August and they requested a financial cosponsor since in tax year 2004 I had no income as I was volunteering and meeting my fiance! The phone connections to India are pretty unreliable and they don't answer their email; I was trying to contact them to ask them what were my other other besides a cosponsor (I am 37 years old!) They finally emailed me and told me that I could use my 2005 tax return instead of a 2004 and when we submitted all our paperwork we were told our petition had expired and the consular officer decided not to grant an extension because she/he was "not convinced of the relationship". (I am not really clear why this is- we do have a bona fide relationship and furnished photos, correspondence, train tickets with our application). So our petition was sent back to the U.S. where for some reason the transit time from the Embassy was so exceptionally long that it just arrived at the California Service Center this month. I need to figure out whether I can recesitate my petition or what to do next.

So anyone who starts feeling sorry for themselves about IMBRA or their few extra months wait, think of me. My fiance visa has hit almost every roadblock imaginable and is going on 15 months! I didn't think I needed a lawyer in the beginning because it all seemed pretty clear cut- I love him, he loves me, let's get married but now I know I need a lawyer!!!!
sakurasamaFemale02006-07-12 15:42:00
K-1 Fiance(e) Visa Process & ProceduresRecommend a good immigration lawyer in Atlanta?
Does anyone know of a good immigration lawyer in Atlanta, Georgia? The Embassy I am dealing with is New Delhi if that matters.
Thanks.
sakurasamaFemale02006-07-12 13:50:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
Martindart- ewww, that is a good one. I lived in India for 8 months but basically wore the same clothes! All my pictures were taken on a digital camera so they are time and date stamped but I would have to bank on a Consular Officer being kind and patient enough to put a CD in his or her computer to check.
sakurasamaFemale02006-07-17 11:47:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
From the thread Aussiewench posted:

Very interesting dynamics. You noted some of the potential red flags that could result in a returned petition would be..
Quoting from your article http://www.ilw.com/a...0323-ellis.shtm

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.
sakurasamaFemale02006-07-17 09:25:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
Aussiewench, Thank you That is a very useful thread.
sakurasamaFemale02006-07-17 09:15:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
No, just anything I wouldn't have thought of. We know they look at income and how well you know your intended but what things do they consider that you might not have?
sakurasamaFemale02006-07-17 08:57:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
Thanks John and Marlene but I am thinking less obvious things. Things one might not think of.
sakurasamaFemale02006-07-17 08:48:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
Reading these posts I have discovered there seems to be some things I wouldn't have thought of that might make it more difficult to get a visa, such as being a woman trying to bring a man into the country, a large age difference between you and your fiance/fiancee, having brought or filed for another immigrant fiance/fiancee or spouse in the past, etc. What other kinds of things make Consular Officers go, "hmmmm"?
sakurasamaFemale02006-07-17 08:40:00
K-1 Fiance(e) Visa Process & ProceduresA- number question
I believe an A-number is a case number, correct? I am filing a K-1 petitition for a second time for the same fiance (short answer: 221(g) at interview. I was emailing and attempting to call the New Delhi Embassy to get more information about exactly what I needed to do and they didn't answer my emails or once answered by writing exactly what was on the 221(g). I asked for an extension multiple times. The Embassy finally emailed the answer I needed, we submitted our paperwork and my fiance's passport and three weeks later got a letter saying our petition had expired and was sent back to DHS. Sigh. I am over being bitter. Oh, then I went to India to get married and we couldn't because it takes 30-45 days because my fiance is not a citizen of India, he is a refugee. I couldn't stay in India that long because I am a teacher. Hence Petition #2)
So, is the A-number his number, my number or both our numbers? Do I put it on his, mine or both of our G325 in the A-number box? And what about the I-129F application- should I wtite it in his side, my side or both?
Thanks!
sakurasamaFemale02006-10-14 06:32:00
K-1 Fiance(e) Visa Process & Proceduresquestion someone please help
The first time my fiance needed it was at the interview. This was New Delhi.
sakurasamaFemale02006-10-14 06:45:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Denial?
You can apply again but you have the extra burden explaining why you are doing it. I am doing the same thing and the Embassy and my immigration lawyer both said I had to be very clear explaining why the second application was needed. In the I129-f application, question 11 asks if you have ever submitted another application. Attach another sheet for the answer explaining all your reasons and supporting evidence and be as convincing as possible. Best of luck!!
sakurasamaFemale02006-10-16 11:28:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regd. Indian birth certificate
Your fiance won't need to send in your birth vertificate unless they request it. She only needs to send in hers to show she is a US citizen.

The Delhi Embassy is where your birth certificate may come into play and they will understand Hindu customs so don't worry.
sakurasamaFemale02006-10-19 08:49:00
K-1 Fiance(e) Visa Process & Procedures1-129 question 11
You should use an extra page for your answer if you need to explain something, for example, if you need to request a waiver because you are seeking a second fiance visa within two years. If everything fits into the space provided you can just fill it in. I sent in my application with a name and place but without an #A and filing date and didn't have a problem but that doesn't mean they won't call you on it as arbitrary as everything seems to be!
sakurasamaFemale02006-10-24 10:11:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
I know, sometime the photograph thing can get silly. I went to visit my fiance and we took photos every chance we got. "Oh look, India Gate! That is recognizable. Let's do one here. Look loving now! And commited and real" All our pictures look exactly the same but in different locations! But, gosh darn, we have pictures!
sakurasamaFemale02006-10-26 09:46:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
I would focus on placing her in India and then proving a relationship afterward. I don't think it is that uncommon that people meet, keep in touch and fall in love. Do you have proof of an ongoing relationship from when she returned to teh US to now?
sakurasamaFemale02006-10-26 09:38:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
Yes, you will have to pay the $170 again.
sakurasamaFemale02006-10-26 09:33:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
If you have email, letters or phone calls after the trip, you can submit that. That will show that you met, especially because the letters or email will most likely mention things about the trip.


Are you good at Photoshop?


I am good but I wonder if I shoud do something that sort of?



NOOOO! He was joking!
sakurasamaFemale02006-10-26 09:15:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
Your fiance can use her visa to India in her passport and if she still has her plane ticket, boarding pass, maybe even credit card bill from the ticket. This merely proves that she was in India at that time and doesn't connect the two of you. Does she have any bus tickets or hotel bills from the city you live in? That would prove you were in the same city but you would still need something else connecting the two of you. If you have email or letters after the trip mentioning the trip or phone records to each other after the trip that would build a stronger case. If she has met your friends or family they can write letters attesting to fact. Photos are irrefutable proof but you can use other things- you just need a little more evidence.
sakurasamaFemale02006-10-26 09:05:00
K-1 Fiance(e) Visa Process & ProceduresHello and a Question
The question they might have is who is going to support your wife when you return to the U.S. I think they may not believe that your friend is willing to support your wife if you don't show some proof of income from the U.S. I believe your assets have to equal 16,500 times a certain number (I think 7, does anyone else know?)

Edited by sakurasama, 26 October 2006 - 11:16 AM.

sakurasamaFemale02006-10-26 11:13:00
K-1 Fiance(e) Visa Process & ProceduresCan I-129F Petition Expire?
Don't assume things. My case was set to expire within a few days after getting a 221(g) [request for more info] after the interview. I emailed the New Delhi Embassy asking questions about exactly what I needed to provide for the 221(g) and asking for an extension as my initial four months was to expire in a few days. They answered my first email with an exact quote off the 221 (g) and without answering any of my questions or acknowledging the extension request. I emailed again and they again didn't answer my questions or request but wrote that they were "processing the case" or something like that. Calling didn't work so I ASSUMED after reading the bottome of the 221(g) that says, : “ WARNING; IF YOU FAIL TO TAKE THE ACTION REQUSTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED” that my petition wouldn't be cancelled for at least a year.

Later when my fiance submitted our papers he was told our petition had expired and the CO chose not to renew it and it had been sent back to DHS. I kept in contact with the Embassy and my fiance visited the Embassy numerous times while getting the paperwork together but during that time no one told us that our case had expired.

It is a pretty unlikely scenario but I learned not to assume anything!!

Edited by sakurasama, 27 October 2006 - 07:20 AM.

sakurasamaFemale02006-10-27 07:19:00
K-1 Fiance(e) Visa Process & ProceduresCan I-129F Petition Expire?
Yes, we go through New Delhi.
sakurasamaFemale02006-10-26 10:19:00
K-1 Fiance(e) Visa Process & ProceduresCan I-129F Petition Expire?
My fiance is not Chinese. He is a refugee who carries citizenship papers from the Tibetan governtment in exile. He lives in India in one of the two areas Nehru gave to the Tibetans in 1959 when the Dalai Lama fled Tibet. And, incidentally, the USCIS and the Embassy both accepted "Tibet" as his country on all forms.

But I appreciate your two cents and your concern for my visa process.
sakurasamaFemale02006-10-26 08:15:00
K-1 Fiance(e) Visa Process & ProceduresCan I-129F Petition Expire?
Aussiewench is absolutely correct. Extensions are not automatic. I am filing a second K-1 petition because the CO decided not to extend our petition. I would request an extension in writing. I did and I am including it in my second K-1 to show that I was on top of things and earnest about getting my fiance here.
sakurasamaFemale02006-10-20 18:58:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone here used a lawyer for k1 visa?
I have a somewhat complicated case and I went the middle route. I found a great lawyer who offers to do all filling out and filing of the paperwork for you for over $1000 or who will look over your papers for you after you fill them out to check for errors for $150. I went for the $150 option and it gives me some piece of mind knowing my paperwork is correct and that I have someone who knows my case to fall back on quickly if something goes wrong. She also answers email questions anytime I need her!
sakurasamaFemale02006-10-26 07:40:00
K-1 Fiance(e) Visa Process & Proceduresplease help me!
I also believe that a waiver is just a term for "letter of explanation". He needs to write a letter explaining about his first relationship, probably pointing out that he entered into it in good faith and then explaining what went wrong and then why he is applying for you. I don't think they are denying you over this, they are probably just asking for a little more paperwork. Maybe it is not time to worry yet.
sakurasamaFemale02006-11-05 10:33:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do (in terms of immigration) when fiancee wants to go home?
I am with you, Meaux. I know you are not asking for marital advice Joe but maybe a little manipulation (inher best interests, of course) could buy you some time. Don't push her but maybe suggest that since she is here she might as well as enjoy her "vacation". And with a little time she might see that freaking out a pretty normal response to a pretty abnormal situation (a long seperation, leaving you home and then <<BOOM>> getting married). Taking the pressure off might be what she needs to see things for herself. I wouldn't suggest it because it would be really unethical but maybe an unethical person could even lie about the avaliablity of flights it being so close to Thanksgiving and all.
sakurasamaFemale02006-11-08 22:50:00
K-1 Fiance(e) Visa Process & ProceduresDenials and Rebutals
Read this:

http://www.visajourn...?showtopic=2687
sakurasamaFemale02006-11-16 15:04:00
K-1 Fiance(e) Visa Process & ProceduresHow much is this all going to cost us?
This link will tell you how much different forms cost to file:

http://www.uscis.gov...00045f3d6a1RCRD

Other costs, such as the cost of the medical exam, flights etc. vary.

Don't worry- you just pay as you go. You don't have to be a millionarire to bring your fiance over.

Edited by sakurasama, 05 December 2006 - 04:18 PM.

sakurasamaFemale02006-12-05 16:17:00