ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresTypical start up time for new House of Rep office?
I wish I could but he's the one not returning any calls, emails, faxes - I've been in contact more than 10 times in 3 months with no response.
catknitFemaleIndia2009-01-07 18:25:00
K-1 Fiance(e) Visa Process & ProceduresTypical start up time for new House of Rep office?
In my never ending quest to show the Consulate how vested I am in this process I would like to get my new congressman on the case - requesting status etc etc.

Unfortuately, the guy who was in office during our interview refused to take on new cases - no amount of begging would change his mind since he was not running for re-election.

The new guy was a senator at the state level, I sort of know him - used to shop freqeuntly in the florist where I worked. Doubt he could come up with my name in a pinch, but he should recogonize in person.

Since the election it's been impossible to track him down - his state offices - phones go unanswered, state website - no return of email, thru the H of R website - he isn't listed yet...I get that they are most finalizing his offices now and a curious if anyone has been in a similar situation. At this point I'm betting he may not even have an immigration liason. I have no idea - but advise would be greatly appreciated [I did get in touch with his fundraising committee too, asking when constituent services may be available].

I've already gone down the Seantor route - one is helpful, the other doesn't return calls/emails/or faxes.

Thanks!

PS: if there is a better place for this, mods/organizers please move!
catknitFemaleIndia2009-01-07 18:16:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa - Immigrant or Non Immigrant
Their email is ivnd@state.gov - make sure you put the case number in the subject line of the email.
catknitFemaleIndia2009-01-23 16:10:00
K-1 Fiance(e) Visa Process & ProceduresWhat information do I need to include in my letter to cancel the I-129F?
Vintage - That describes it to a T...too bad it's our futures that they are playing with here.

What does your fiancee do? I don't get how it applies to a relationship based visa. Has she been to the US and overstayed a work visa?

I would try posting here:

http://www.visajourn...p?showforum=113

Ok some more fuel for the fire....

http://www.ilw.com/a...0323-ellis.shtm

Read that - it's scary as all get out - I know.

Also get in touch with your senators/congress person to get a real feel for what went on with your case. Right now holding steady to figure out what is happening/had happened is probably in your best interest. A couple weeks to figure out a strategy may save you a lot of heartache down the road...




catknitFemaleIndia2009-04-08 19:38:00
K-1 Fiance(e) Visa Process & ProceduresWhat information do I need to include in my letter to cancel the I-129F?
Haole - many of us with returned petitions have had more than one attorney state that if you plan to go forward with your lives together and at a later date will still pursue a visa do NOT cancel the returned petition. It can be seen as a de facto agreement that the CO's conclusions/reccomendations were correct and that if you try to refile you can get slapped with a misrepresentation...

Additionally, to any K1 filer with a returned petition, DOS has a memo from last May stating that the service centers should expire denied K1 cases. There shouldn't be anything to cancel.

http://www.dhs.gov/x..._2008-05-23.pdf

To the OP - if you are going forward with your relationship and want some info on what you can try to do, who to contact, etc...there is a sticky thread in MENA about returned petitions. Many people there have been dealing with a 221g denial - not sure if you're in the same boat. If the denial can be resolved with a waiver [should be on the paperwork], there is a forum here that deals with that too with some really great helpful people.

My heart goes out to you, having a denial is absolutely heart wrenching... rose.gif

catknitFemaleIndia2009-04-07 17:12:00
K-1 Fiance(e) Visa Process & ProceduresI am now TOTALLY convinced
Number 1 rule of dealing with Delhi in my opinion - USC should be present!!!

I spent days in the consulate during 2009 trying to get stuff resolved and I would watch the interviews [since there is nothing else to do while sitting there and waiting] - having the USC [even if they are also of desi extraction] makes things a thousand times easier. Because of the fraud issues the COs are very suspicious. Questions can be answered, interaction between the couple can be seen, and the fact that the USC made the trip speaks volumes.
catknitFemaleIndia2011-11-21 11:53:00
K-1 Fiance(e) Visa Process & ProceduresI am now TOTALLY convinced
I'm so sorry to see you going through all of this - it's a royal pain [been there, done that]...

About Jamaica [trust me when I say I've looked in the past at EVERY available way for Indian nationals to get somewhere even remotely close to North America] make sure you have all in-transit visa stuff worked out. Once upon a time [at least a year ago] you would need transit visas to just pass through airports even with ongoing itineraries in the US [at least at EWR you HAVE to pass through immigration even for connecting flights]. I looked at going through Dubai, US, Canada, Europe, the whole thing...and couldn't figure out a way to travel only with visa-on-arrival schemes. At that time there were no non-stop flights to Canada [thinking a transit visa to Canada would be easier than a transit visa in the US] - then taking a flight to Jamaica [or any of the islands]. I'm hoping things have changed...
catknitFemaleIndia2011-11-21 11:40:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa petition expired and retured back to nvc us
I was curious about the ages because sometimes Delhi has issues with big age differences.

It's good that you are both Hindu because it can be seen as a red flag if you are mixed religions when going through Delhi. Also, it will make the process of getting married in India less time consuming. If it had been a mixed faith relationship there is a 30 day waiting period to have the wedding.

The K1 petition expires after 1 year - the petition can "die" after 1 year. A CR1/IR1 petition can never expire. One thing that can happen is a K1 will be denied and it is left to die. If you are denied a visa using a CR1/IR1 petition, your case will go back to the service center and will be re-adjudicated. This does not happen typically with a K1 due to the expiration date.

Yes, you must start from the beginning with a new petition if you do get married. New fees, new waiting for a NOA2, plus additional wait times at NVC as additional information is provided at that step. The bonus of all of this is you end up with the green card once you arrive, there is no adjusting of status.

I believe CR1s take close to a year???

The reason I asked if your fiance got his citizenship through his first marriage - Delhi is considered high fraud. Though there are justifiable divorces, bad matches, people who cheat, etc, if he got his citizenship via marriage, there may be additional scrutiny. One of the things the COs see a lot of is a guy marries a US gori, waits out the time to get citizenship, divorces the gori, petitions the desi girl his family wanted him to marry all along...COs don't like this. They may try to find proof that this was the plan all along...
catknitFemaleIndia2011-11-22 09:47:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa petition expired and retured back to nvc us
How quickly you returned the papers probably didn't influence anything as long as it was within a year of the interview [that's what is listed on the form given at the interview called a 221g]. Did you hand in any papers at vfs to help support your case?

Are both you and your fiance from a similar background?

Is your fiance the USC? If so, what were the circumstances of the divorce??? Did he get his US citizenship from the marriage or was he a US citizen before? Do you have a large age difference?

Yes, you can get married - no need for visa denial information to get married. He will need to provide proof of his divorce when trying to register the marriage [proof that he was free to marry].

Once married, you can apply for the marriage visa.
catknitFemaleIndia2011-11-21 09:36:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa petition expired and retured back to nvc us
You were not approved. Delhi can be a tough consulate - do some searches for threads about Delhi and their history of denials. If I had to guess they asked for the "laundry list" after your interview? Letters from the parents, receipts/guests lists from the engagement party, voter card, etc etc etc????

For whatever reason, the CO involved does not believe you had a bona fide relationship OR that your trying to circumvent immigration laws. Does your relationship have any red flags? Divorces? Mixed culture/religion/race? Big age difference? Have you been engaged forever and an outsider would think you'd be married by now??? All of these things can tip a CO into thinking something not quite kosher is going on and they will choose not to approve you. You really need to figure out what it is - as you'll need to address the issue to get the visa down the road.

What happens next - your petition is being sent back to the US where one of two things will happen. It will return to your service center [Vermont or California] and there it will be either expired or re adjudicated. I haven't read about any K1s being re adjudicated lately. Chances are very good it will just expire out. USCIS will send you a letter both stating the petition has returned to the service center and what the disposition is.

You can try using your US Senator or Congressman to try and stop this process at the embassy. BUT, it is extremely rare for that to happen. I think I've seen in twice in the 3 years I've been on VJ [and Delhi is NOTORIOUS for letting files expire, lengthy AP, and/or refusals on K1s].

So what should you be doing now? Wait and try to fix whatever the issue was that led to the refusal - did you visit infrequently? Was your engagement party so deluxe that from the outside it looked like a wedding? Think like someone how doesn't know you personally and how the info presented looks...or let us know and we'll help you figure it out! Your two choices then will be re-file the K1 or marry and file a CR1. Keep in mind that your will need to plan accordingly within Indian laws for the marriage there [if you're mixed faith the special marriage act depending on area may need both of you to sign the papers - and then there is a 30 day wait - if you're both Hindu, you are good to go right away!].

Do not despair - my husband and I went thru all of this, it took longer and it really ticked us off to go through the extra stuff but in the end we got it worked out and have been in the US for 2 years...
catknitFemaleIndia2011-11-21 09:18:00
K-1 Fiance(e) Visa Process & ProceduresK1 Evidence for the Delhi Consulate
Your engagement "ceremony" does NOT need to be religious. I'd highly highly highly suggest there be no imam or sheikh or mullah within 3 miles of your engagement ceremony, if you even have one. Depending on where she is from in India and what the traditions are there, de-religify the ceremony. As Sara has pointed out, anything that could at anytime be construed as a marriage or nikkah will burn you at the consulate.

My hubby and family are Muslim and for my husband's brother's engagement, there was only a dinner out with a ring exchange. For us, we didn't do anything at all. For the other brother-in-law, as is customary in their neck of the woods - our family [without the groom-to-be] went to her family's house and gave gifts. Notice in this tradition, the couple wasn't even in the same building let alone the same neighborhood.

So, the engagement ceremony is a #######-shoot - in the Hindu tradition [which is the religious majority] it may be more anticipated. And, many couples do make it through without the engagement ceremony.

Family statements are important but they can be seen as contrived if the family is "in on it" [thinking it is green card fraud].

Do you get along with her family? Is her family "progressive"? Do they approve of this marriage? These are items that the CO will be trying to figure out while he is assessing your relationship.

Pictures can be great secondary evidence. If you and her family get along, family pictures will hold weight.

Keep your receipts, boarding passes, etc.

In general, it appears that sponsoring a woman as opposed to a man is easier. I don't know why - some may argue that men seem to perpetuate more scams and are screened harder than women.

Mixed race/religion couples can get more scrutiny also. They may question how/why she's marrying a Christian man - as Sara pointed out, for many Muslims that's seen as forbidden [though Christian/Jewish women may marry Muslim men]. This is where the progressive family link may come into play. If she's from a Muslim family that is very progressive, world traveled, highly educated, wealthy etc etc etc a mixed marriage could be seen as just another part of their lifestyle. If she's from an orthodox family located in a small village and didn't pass out of her year 10 - well, that would be a much harder sell.

Keep in mind that you also want to be at the interview when the time comes [especially for Delhi - if you are going through Mumbai, I don't believe you can go in with her but she can make it known that you are outside waiting if the CO would like to speak with you also].

Get over to the India subforum also - there is good information there!

Best of luck!
catknitFemaleIndia2012-04-23 10:28:00
K-1 Fiance(e) Visa Process & ProceduresVisiting my fiancee(beneficiary) while waiting 4 NOA2
Just a quick note on something stated in the OP:

"I read some topics on VJ, saying that's ok to visit their fiancee during the K-1 Visa process."

At anytime, as long as you [the USC] have the proper paperwork to visit the beneficiary, the only outcome will be positive - it shows you have an on-going relationship!

As stated in the OP it alludes to the thinking that somehow the beneficiary's country may an issue with the visit??? Not true. They are not privy to any paperwork you have submitted to USCIS.

From the other side - if the beneficiary has the proper means to visit [B1/B2, VWP, etc] the sponsor in the US - there can occasionally be issues with border patrol refusing the beneficiary [not enough ties to return after the visit, suspicious cbp, etc etc etc]. With a country like India, there is just about no chance a fiance/e will get a B1/B2 with a K1 petition in the works...

GuruSikh - you heading out to India to spend time and get stuff straight for the wedding is totally fine and will only bolster your case!

The only thing you really need to think about pre-NOA2/packet 3 is doing the homework to get the forms that will be requested. Find out which offices you'll need to visit, find out the locations and hours of the medical, etc. as you may get grief trying to get all the forms worked out ahead of time as you don't have the interview letter yet. Plus, a handful of the forms can expire like the medical and the pcc. You don't want to but the cart before the horse, as they say. On the US side - you can go ahead order your tax transcript from the IRS.

I know it's exciting to try and get all this stuff done and get the ball rolling - and it's great your doing your homework on this process - but some of it should only be done when the time comes.

Best of luck!
catknitFemaleIndia2012-05-25 10:00:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about K1 status for school
Ron,

I think it means a copy of her visa - "the student's visa" - not "a student visa". Just confirm with the school.

Best of luck!
catknitFemaleIndia2012-06-01 06:37:00
K-1 Fiance(e) Visa Process & ProceduresNo Voter ID for 221(G) - Need Help
Getting this 221g isn't the end of the world - it's just that the CO wants to see the whole picture.

VFS's emailing responses are some times super slow.

It's good that you don't have some of the typical "red flags" - that should be in your favor. But, an alarm went off with the CO, so you aren't out of the woods, yet.
catknitFemaleIndia2012-06-14 06:48:00
K-1 Fiance(e) Visa Process & ProceduresNo Voter ID for 221(G) - Need Help
Well VSJ, you got the "laundry list" 221g out of Delhi. The CO is on the fence with your case. I'd bet you have some red flags [she's older, someone was divorced, there are kids from a previous relationship, or something is suspicious about the "arrangement" in your arranged marriage...].

Get everything you can. There is no way for you to get the lists if you didn't vote or weren't registered. Simple as that. So, don't worry yourself over it but mention that in your cover letter when you bundle up the evidence to take to VFS.

Historically, I've seen cases approved after the "laundry list" about 30-40% of the time. Not the best percentages, but some definitely get through after submitting all of this info. Just in case, start working on back-up plans with your fiancee.

Also, don't be surprised if it takes weeks for them to get back to you.

Chin up - hopefully all will go well after this speed bump!
catknitFemaleIndia2012-06-13 06:44:00
K-1 Fiance(e) Visa Process & ProceduresRevoked k-1 reaffirmed but got married
So, if I got this straight - you were denied at your interview on day X and 10 days later USCIS reaffirmed the case? Between the date of the reaffirmation and the day you got the notice that it was re-affirmed, your fiancee traveled to Pakistan and married you? You didn't wait for any follow up information from VSC? Did you call to see what they were doing with your case? I know all of this is water under the bridge - but it sounds like you really kicked it into high gear as soon as you were denied.

A time line would be helpful to see what all went down for those who may end up in the same boat.

I know with our reaffirmation, we didn't get a NOIR/NOID, we were just reaffirmed about 5.5 months later. I received the new NOA2 out of the blue one day. I had other friends in the same boat with VSC who heard absolutely nothing ever again, no notices, no revocation paperwork, nothing. Those from CSC typically would get an expiration letter. I later learned of 1 other person with the same consulate who did get a reaffirmation the same week we did. Since then, at least with the portals I usually check [MENA and India] I haven't seen another K1 reaffirmation come thru since [about 3 years].

I would think the reaffirmed petition would help if questions about the validity of your relationship were raised the first go around. Otherwise, I would be curious about the reason for the denial and what the CO chose not to see....
catknitFemaleIndia2012-06-16 19:34:00
K-1 Fiance(e) Visa Process & ProceduresRevoked k-1 reaffirmed but got married
Your marriage cancelled your ability to use the K1 petition.

It is EXCEEDINGLY rare to get a K1 reaffirmation. I think this is the first one I've seen on vj in 3 years.

Please look at the silver lining of your scenario -

#1 - You are already married.
#2 - Your K1 petition was reaffirmed, this holds weight with respect to the validity of your relationship
#3 - Because you filed for the CR-1, there will be no need to adjust status once arriving in the US. This will save time and money as well as allow you to immediately look for work or travel. You will get your green card in weeks instead of months. Also, you avoid the need to possibly sit for another interview here in the US.

You made the best decision with the information you had at the time. Continue with your current CR1 path, there is no other choice at this time.

Best of Luck!
catknitFemaleIndia2012-06-15 14:37:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Interview
Sounds like they are looking for some additional $$$.

If - and that's a huge if - some passport official was arrested, it would more than likely be in the news. Go ahead and search the dailies online. If there is an article, print that off and take it with you to Delhi.

Your goal at the embassy is to establish with the VO that you aren't nuts and haven't had the wool pulled over your eyes. Now, if that is truly the case and you are being used [again, not saying you are] it will come out in the wash.
catknitFemaleIndia2012-04-21 18:46:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Interview
If you are currently in Delhi just go to the embassy! It really is simple. Walk up to the table, flash your US passport and tell them you want to talk to a VO about a K1. Have his interview letter with you. Then go to the check in area in the visa section. Tell the same thing to the person handing out tickets. They will route you to the right part of the consulate.

You can typically go straight into the inner waiting area without sitting in the outdoor holding area since your a USC.

Wait for your number to be called and explain your situation to the Indian screener and ask specifically to speak to a VO. Then repeat it all to the VO including your concerns about not be present for a rescheduled interview. They should reschedule it right there and then including giving you a new interview letter.

If you aren't in Delhi currently -in your shoes - I 'd rearrange my schedule to do this. You do NOT need an appointment with them to go there...
catknitFemaleIndia2012-04-20 22:42:00
K-1 Fiance(e) Visa Process & Proceduresmuch older woman/younger man
I totally understand the thought of taking any advice online with a grain of salt however specific consulates/embassies have specific issues. In no way, shape, or form would I ever discount this type of advice for the Indian consulates coming from people who have had issues at that specific consulate.

I wouldn't go telling some couple going through Casablanca it's all gonna be coming up roses nor couples going through HCMC that it will be a walk in the park and not to be scared.

One just needs to search posts about specific consulates to start to see red flags that surface frequently. My opinion is that certain practices are typical for certain consulates - the specific cultural norms are taught and wavering from those norms leads to additional scrutiny. One should be able to have insight into what a CO thinks based on this...

Should people be running scared? No. But they should be informed. They shouldn't be completely blind sided that they may have a denial or AP or any myriad of issues....knowing what is "typical and customary" for that specific consulate. That is why questions like the OP's and the responses of those going through Indian consulates is so important.
catknitFemaleIndia2011-11-29 17:06:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa for my Indian Fiance
I would spend a good deal of time reading as much as you can about K1 visas and how the consulates in India handle your type of relationship. There are many great topics that can be found in the India sub-forum.

In general please keep in mind that India is considered a high fraud post. Certain "red flags" will lead to additional scrutiny. Cultural norms are very well known by the COs and not following those norms can lead to delays and denials. I would highly suggest that you find out what the norms are for your significant other's area/religion/caste/whatever so you can have those bases covered - engagement ceremony, henna party, family photos etc etc etc. Just having met within the last 2 years can lead to a world of hurt at the interveiw. More visits = stronger evidence too.

Also, it is up to the discretion of the CO if they will accept a co-sponsor for the K1. There are cases here on Vj where a co-sponsor has not been accepted - most recently I think it was a couple through Italy? Anyway, just wanted to mention that too. It isn't always a slam dunk to have a co-sponsor...
catknitFemaleIndia2012-12-27 08:27:00
K-1 Fiance(e) Visa Process & ProceduresDenied... now what?

Right now you have gone to an interview and presented fake documents as part of an effort to get a visa ( I don't mean this in a bad way just facts ) They seem like they understood and may not have hit you with a material misrepresentation.


I completely concur with this - hitting you with a misrep, which she [CO] could have done in a heartbeat with fake documents, would just have made your case harder. Instead, it appears she opted to go with a more surmountable "this may be a relationship of convenience" which I'm sure still hurts to hear. But, it should be easier to go forward with this than a material misrep....

One of your comments in your OP is about moving to Haiti after you finish school anyway - what does that time line look like? This should be a part of decision making. If you believe you'd be in Haiti in the next couple of years, maybe pursuing the visa at this time just doesn't make sense. As it stands, you need to start from the beginning as well as deal with a way to fix the issue in Haiti. So, let's say your fiance needs to divorce and it takes 6-8 months, then you marry there [say 1 month more to get the paperwork to start a new petition], then another 8-10 months until the new CR1 interview....you're almost at 2 years right there.

That said, make sure if you do marry [even if you decide to move to Haiti long term] don't set yourself up with more issues. Make sure the divorce or proper death certificates are 100% signed, sealed, delivered...
catknitFemaleIndia2013-01-18 10:06:00
K-1 Fiance(e) Visa Process & ProceduresI129F PETITION approved but visa denied at the interview!!!!

It will be sent back to USCIS for review. USCIS will reaffirm it and send it back to the consulate for another interview OR will determine that it was approved in error and give you the reason why.

Correct the reason and re-file if that is the case.



The representative from Leahy's office was told returned k-1 petitions are considered closed cases at VSC, I waited for a year after I received a letter from USCIS to wait while it was being reviewed. So, that was one whole year down the tube of waiting and wondering for something that wasn't going to happen. So from my experience its better to find out the reason in his case and refile.
Maybe this is something that should be complained to an ombudsman about for future petitioners, they shouldn't say its being reviewed if its a closed case!! In fact , that was in 2010 and you know what? Its still showing as under review. LOL I called and spoke to USCIS about it and even sent a letter to remove it, but alas its still there . I could probably check 20yrs from now and it still will be under review. It's sad to think many people wait for a long time for this review when it just isn't going to happen.
Do you think getting an ombudsman involved to have them stop telling people its in review when its never going to be?


The procedure may be to readjudicate returned cases but this is hardly ever the case as destiny64 has stated. At least with CSC, they have historically sent out notices claiming the cases to be expired and that the petitioner was able to refile. VSC appears to readjudicate in fits and starts that don't seem to have any rhyme or reason. CR1/IR1 do get readjudicated in a timely fashion from research here on vj.

To the OP: Delhi can be a tough consulate. My #1 piece of advice to anyone going through Delhi is to have the petitioner at the interview. Sadly, they see a lot of fraud cases walk thru their doors. The fact of the matter is you have a divorce under your belt [red flag #1], you already sponsored one woman as a fiancee to the US [red flag #2], and it appears you had 1 trip 2 years ago for the engagement [red flag #3]. The consulate does not care that it is expensive to travel to India nor do they care that getting time off from work can be hard, etc, etc, etc. Delhi likes to see face-to-face time. They also like to see traditions being upheld [formal engagement parties, bangles on wives, mehendi ceremony pics, etc etc etc]. 2 years with no visit was probably the final nail in the coffin.

What you can do going forward - you can wait and see if you get re-adjudicated. It could happen. Heck, it happened to us in 2010 - but that was the last time I saw someone from Delhi with a returned K1/221(g) get a re-affirmation [there were about 5 of us who were all re-affirmed the same day]. You could wait it out and use your congressperson/Senators' liaisons to see where your case stands. It may be in your best interest to go ahead with the marriage, withdraw your K1 [just a letter to the service center unless CSC sent you a letter that stated the case was expired out], and start on the CR-1 path.
catknitFemaleIndia2013-01-22 09:36:00
K-1 Fiance(e) Visa Process & ProceduresTo have Fiance for the Visa Interview or Not?
Yes, the USC is permitted to attend the interview with the applicant.

I would always, always, always recommend the USC attend the interview, even in "simple" cases. Any additional processing that may need to be done based on general relationship questions can take weeks, if not months. If you are present to address those questions head one, you may eliminate the need for the additional processing saving yourself some heart ache and grief.

If you look through the 221g subforum you'll see an AP thread for Mumbai - I think there are some Delhi people there too who are waiting on a visa due to a missing paper, a question of ongoing relationship, etc. Some people have been waiting since October to have it resolved. So, if being there may save you a little heart ache and you can swing it - why not?
catknitFemaleIndia2013-02-05 09:10:00
K-1 Fiance(e) Visa Process & ProceduresTHESE TWO THINGS ARE IMPORTANT FOR ANYBODY CONSIDERING K1 VISA!! MUST READ

Please give an example of "some countries or embassies" that "demand proof that the wedding has been planned". Just curious because all I've seen and read is that NVC as well as consular officers will tell you it's ill advised to make concrete plans or for the beneficiary to quit their jobs/sell their houses and belongings, etc. before they have the visa in hand.


Sara was put through the wringer by USCIS, NVC, DOS, and the embassy a few years back - her story was truly a nightmare of epic proportions and though not a "typical" case, it is a great illustration of the mess that can happen. She spent over 2 years waiting on her NOA2 alone. She is one of vjs most battered veterans and I would take any experience she can share as a great nugget to file away for the "worst case scenario". The kicker is she still comes and supports those of us on this journey and I know she spends time praying for tough cases just like hers.... :luv: :luv: :luv:

A few years back both New Delhi and Mumbai would ask for weird things at K1 interviews including receipts for pre-payment of wedding reception food, potential guest lists, etc. Typically, this was just a way to buy time with a 221g to do more AP and usually could be seen as a "bad sign". If they are asking for food receipts, they ain't believing your love story. I haven't seen this request recently but keep in mind COs switch consulates and old methods seem to recycle as good ideas every now and then. It's good to think of this as something in the repertoire of questions/requests that may come up...especially at high fraud posts.
catknitFemaleIndia2013-02-12 20:35:00
K-1 Fiance(e) Visa Process & Proceduresdenied k1 visa

i visited him once after the earthquake, i was there for like 2 weeks, couldnt stay longer coz of my job....but he came to see me last september on his work visa.... now i was wondering, do i have to go to haiti to marry him, or can i have him come in the states and we can get marry here????


no not one thing...


This may have something to do with it...what does his immigration history to the US look like? You'll get the best advice if you start from the very beginning and give a rundown of his travels/visas to the US and the timeline of your relationship. Since nothing really seemed to have happened at the interview to cause people here to say "aha, that would be the problem" knowing the full story will help.

Also, any info on family or extended family here in the US??????
catknitFemaleIndia2013-02-19 22:07:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial
There is no harm in face to face time but in India if the OP had a traditional arranged marriage it will not necessarily help. Arranged marriages are, in essence, business transactions [I don't mean that with a negative connotation in the least - there are some very happy and content arranged couples]. But, the reality is at the end of the day, for some young Indians, there comes a day when the prospective bride/groom gets a parade of potential suitors based on caste, class, education, dowry-ability, immigration status within some "1st world" nations, and astrological charts. Just google Indian matrimonials - you could spend HOURS reading them and think at the end "How is this different from trying to buy a house, a car, etc, etc, etc?".

If this is a love marriage - then they need to have significant face to face time - without a doubt.

Anyway - my point - if the OP is in a traditional arranged marriage the red flag here is not having a "traditional" engagement. It could look like his or her family was "hiding" the engagement by not having the whole grand thing. [Then the CO's mind starts turning - why would they hide the engagement? Is this merely a pay-for-green-card scheme? Will we see both these people in 5 years with "new" spouses? blah, blah, blah]. They had a legit claim if a cousin had just passed to not go all out - but that's really besides the point because once again an Indian consulate is holding up the known-tradition as the gold standard [which in some circles is to go ALL out - hundreds of people, formal portraits, 2-3 days worth of events, etc]. And, honestly, I can't easily blame the COs of going with a gut-feel "something isn't right here" feeling. Within such a large population there are so, so, so many micro-populations with a whole range of "traditions". If you go back and look at all the different people who've had problems with the Indian consulates, some are based of the COs trying to place the wrong tradition on the wrong population [mistaking an engagement ceremony for a wedding, questioning the lack of bangles on a married woman, speaking to people from some areas with dialects that don't match their dialect]. And, with time, usually the case resolves - maybe with a NOIR/NOID or with a new case - but usually, it gets resolved.

What concerns me the most about the original post is that they have been tagged with the 212(a)(5) and not just a return based on a 221(g). That's why I'm curious if the OP naturalized and if so, how.

To have a case that can be re-adjudicated predictably, they need to be on the I130 bandwagon. Yes, SOP may claim that K1s can be re-adjudicated but it doesn't happen with any known regularity. CR1/IR1s on the other handle seem to get attention at the service centers and one can at least get a NOIR/NOID to respond to. So, in the case that this is a true arranged marriage and not a love marriage, even with the fraud issue, if this couple wants to continue their journey to the US, marrying makes sense. BUT, if this is a love marriage, the CO obviously feels this is a sham relationship. Time together and marrying would probably make the most sense [the advantages of the CR1 would outweigh going the K1 route again].
catknitFemaleIndia2013-02-21 21:56:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial
Was this Delhi or Mumbai? Were you given the chance to provide additional relationship proofs through a 221(g) after the interview?

Is this a love marriage or arranged marriage? Are you a naturalized USC? If so, how did you get your citizenship?

How many times did you visit him? Going on a single trip to India and having a small engagement ceremony when a CO knows that is NOT typical for your area, class, caste, etc will send up red flags.

How long ago did the cousin pass away as of now???? Are you out of the 1 year of no celebrations??? If this is a cut and dry case of the CO seeing your relationship as one of "convenience" [sham for a green card or just too business-like] - going ahead with the marriage may be a very valid next step. But, the COs are VERY aware of what is traditionally expected and done. If you are out of the 1-year mourning window, the expectation will be to have a "regular"/"grand"/"formal" marriage for your area/class/caste. If you are not out of the year mourning period and you go ahead and do all the "grand" things, you may be caught contradicting yourself from the first interview - that is a road you do NOT want to go down if you can avoid it.
catknitFemaleIndia2013-02-21 09:08:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied today!!! HELP!!!!
OP - you've received some great advice!

I know firsthand how heartbreaking a denial can be.

A few other pieces of advice that may help out. Look at this more like a speed bump and less like a final decision. You still have options.

Get in touch with the consulate. On very rare occasions, people have been able to reverse a decision or get a 2nd interview [typically the petitioner is required to be at the interview]. This happens very, very rarely and I've never read of it happening in Haiti but, it has happened elsewhere. Time is of the essence, your case will be returned to NVC very quickly.

Get in touch with your congressperson and senators. Each will have immigration liaison who may be able to get you more information about what happened and what's going on with your case. Neither office can change the CO's decision but you may get a little more info.

What happens next - if you don't get the 2nd interview, etc - the case gets returned to NVC where it is dispatched back to the service center that approved it. If it is returned to CSC, you may get a letter stating the petition has expired. If the petition is returned to VSC you may never hear anything, it will be expired but VSC has not sent out letters confirming that. There is also a small chance the petition may be re-adjudicated [it is SOP for the petition to be re-adjudicated however they are typically just expired out]. This could lead to you receiving a NOIR/NOID. The NOIR/NOID will allow you to send addition evidence to the service center to prove your case. If re-affirmed, the case will go back the consulate and you'll be back in the queue for another interview [an even rarer occurrence is getting a re-affirmation without a NOIR/NOID]. You will find cases here where people have waited for a NOIR/NOID on a K1 from their service center and feel they wasted a year or more because no NOIR/NOID or expiration letter ever showed up - just a warning that for many K1 denials, you never hear anything after the fact.

An option for going forward - get married and file for a CR-1 [I-130]. If you do this, you must prove you have overcome whatever it was that caused the denial. If the CO felt the relationship wasn't bonafide, more face to face time and extended time with family may help persuade the next CO into seeing it is a legit relationship. Two perks to the CR-1: if, god forbid, you are denied a second time, you WILL get a NOIR/NOID in a timely manner and you will not need to adjust status in the US [meaning a green card on arrival - he'll be able to work/drive/travel immediately].

Go ahead and use the search feature here and look at more information about K1 denials - then chart your course of action appropriately!

Good Luck!
catknitFemaleIndia2013-04-19 11:15:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa help - Pakistan consulate
When you say cousin - do you mean 1st degree cousin? As in children of two siblings marrying? Or, is it a larger cousin gap? I'd be darn sure that the US state of residence law about family marriages completely allows 1st degree cousin marriage [if that is what they are].

Otherwise, it sounds like it is a traditional Pakistani relationship :thumbs: . The consulate staff knows that these are the traditions and actually expect relationships to look like this!

A couple of things that may come up - if the family is that traditional, will there be problems with the fiance coming over while not being married??? This is probably more forgiving as it is a man, not a woman [yes, double standard]. Also, if there are skeletons in the closet like prior marriages [divorce not widowhood] or kids - that may warrant a bit of a second look/slow down on an approval.

Please have your friend keep in mind that if everything is otherwise perfect and grand - there will be AP. Islamabad is notorious for looooooong AP times. That doesn't mean that they are questioning the relationship but that name checks, etc are being done.
catknitFemaleIndia2012-03-08 09:33:00
K-1 Fiance(e) Visa Process & ProceduresDenied K-1 Reaffirmed??

Well - it is VSC, so there is at least a chance for a re-affirmation.  

 

I tried to look for other topics that you've started to see if there is more info about your case other than your timeline, but I don't see much.

 

With the 212(a)(5)(a) - it could darn well be anything  - that's sort of a catch all to refuse a visa.

 

Going to the embassy won't really do much for you given your current situation.  If you were on AP or if you knew the re-affirmation was granted, I would say go to the embassy to followup as your schedule allows [that's what I did with our re-affirmation and I know we got into the interview queue a good month ahead of 2 other couples in the exact same boat with the exact same reaffirmation date].

 

If you're in India and have the means to stay longer term [X visa, PIO, OCI] and find that giving up on this K1 makes the most sense - I'm not saying it does, just if you weigh all the options, etc and getting married now makes more sense - look at the possibility of DCF.

 

Unless you really, really, really want to get married in the US, getting married in India and filing the CR1 or DCF seems to be a safer bet especially when the Delhi consulate starts one of their "refuse K1s!!!" benders [it happens every now and again if you look through the history here].


catknitFemaleIndia2013-06-14 07:22:00
K-1 Fiance(e) Visa Process & ProceduresConfused... denied

Ebunoluwa is right on with her advice!

 

Is there some reason visiting India is off the table?  Obviously he currently has some sort of residency/long-ish term status there [otherwise he would not have been able to interview there].  Truth be told, I don't think any CO would ding you for not hanging out in Iraq given the safety issues there. But, you already have a relatively safe 3rd country option in India.  [Look, I get he may not like it there for numerous reasons, it isn't everyone's cup of chai, but it is considered a somewhat typical place to visit with a decent and well known tourist industry - the more convoluted you make certain aspects of this journey, the harder the sell to the CO - you want this to be straightforward and logical as possible].

 

If you really need another option, Dubai/UAE areas seem to be easier for visas/visits for some people in that area....


catknitFemaleIndia2013-07-02 19:10:00
K-1 Fiance(e) Visa Process & ProceduresConfused... denied

Like sara said - Delhi can be a pain...they are hyper-sensitive about possible fraud.

 

You need to find out what, if anything, your fiance was given at the end of the interview.  Chances are he received a sheet explaining that he was denied based on a 221 or a 212.  Both mean roughly the same thing - the CO didn't believe your relationship.  Look at this as just a speed bump! [If it is anything other than those two things - please let us know!]

 

Delhi likes to see more than one meeting, they don't really like internet romances.

 

Historically, Delhi has allowed the USC to attend the interviews.  Unless there has been a change in the last couple of months, I would make every effort to be at the next interview...

 

So - what happens next:  Your case will be returned to the service that approved it.  USCIS can do one of a few things - let the case expire or re-adjudicate the case.  If the case is re-adjudicated you can get a re-affirmation [meaning USCIS finds you to have a legit relationship and for him to be re-interviewed] or a NOIR/NOID [Notice order with intent to revoke or deny].  You will be able to fight the findings of the NOIR/NOID within 30 days.  Here's the thing though - start researching here on vj and you'll see time and again that USCIS usually expires out the K1s.  Getting a NOIR/NOID or reaffirmation is kinda rare.  You can work with your Senators and Congressperson to try and see what's happening with the case - they may be able to get you a little more info but they can not force another interview or change a decision.

 

In many cases, especially with Delhi, it appears that continuing the relationship and marrying helps eliminate the doubts that cause these denials.  That said, this is not a cure-all fix.  If there were major red flags [namely huge age differences or cultural/educational/class differences - however that doesn't seem to be your issue] marrying will not help.  You must fix whatever issue led to the denial in order for a future case to be approved.

 

Now - this is where it may get messy - I haven't a clue how you two can get married.  Well, I have a clue - I just bet it will be super messy.  He's there as a refugee or asylum seeker?  Or, is he there on business?  I'd guess [just a guess] you two could marry under the Special Marriage Act but again with neither of you being Indian be prepared to pay "fees" of all types.  Costly "fees" as you're a USC.  In your shoes, I'd research destination wedding providers in Goa or another touristy area - the fees may be big but they will actually know what to do.  Make sure you again have lots of documentation of your trip and wedding.  Then file again but for a CR-1 highlighting what was lacking in your first petition/case.  Research front-loading here on vj.  This practice should help your case...Best of luck!


catknitFemaleIndia2013-07-02 09:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Questions & My Situation

In order to sponsor her for a K1 visa you must be "engaged" however that does NOT mean you must have had some elaborate proposal or ornate affair.  One of you must have asked the other about marriage and there must be an agreement that your marrying...that said COs in India are well aware of typical Indian practices.  If she comes from a community/family where an elaborate engagement ceremony is par for the course there will be an expectation that you should follow that practice.  But, keep in mind that both of the consulates in India have actually denied K1s based on the thought that an ornate engagement party was actually a covert wedding...India can be a pain in the backside to get through for some couples.

 

If you are looking for safe, I'd recommend marrying in India and applying for the CR1.  The timing differences aren't huge [maybe an extra 6+ weeks depending on how you navigate NVC - this depends on a lot of factors, could be longer] and you'll have the bonus of a green card on arrival [she can work, study, or travel immediately with the stamp in her passport, the physical card should get to her within a few weeks] as well as a cheaper journey [no adjusting status on this side].

 

A few things you should do - #1 if not familiar with Indian marriage issues, do some research.  If you yourself are Indian and the both of you are Hindu, you can darn near walk off the plane and marry.  If you are both the same religion but not Hindu, there may be a marriage act that covers your marriage and you'll hopefully be able to marry quickly on that trip.  If she is Hindu and you are not, you will fall under the Special Marriage Act that has a 30 day wait in order to post an announcement of the impending marriage.  In some places, the resident Indian [in your case, your soon-to-be wife] can get it posted without issue.  In others, the registrars are crazy and want both of you there to post the announcement which will mean you need to either stay in India over a month OR make two trips.

 

#2 - Familiarized yourself with the reviews of the consulate you'll be going through - Delhi seems to not like giving K1s and is harder on inter-racial couples.  Mumbai doesn't allow the USC to attend the interview...learn about these things.

 

#3 - You said you've naturalized - if, by chance, you naturalized via marriage to a USC be prepared for extra scrutiny.

 

#4 - Pictures are considered secondary evidence but they are good to have.  Personally, depending on a lot of factors [like if you became a USC from a prior marriage, etc] I would think it's in your best interest to front load your petition including pictures.


catknitFemaleIndia2013-08-08 12:08:00
K-1 Fiance(e) Visa Process & ProceduresVisa refused after submitting documnets requsted for 221g
That's a great question mp - sadly, I can't help you out with it as the status website is new and I haven't seen a lot of information about.

They could be generating the refusal letter at this point. That letter would be sent out to your fiance.

Inquiring with your congressperson or senators may give you some additional details prior to the receipt of the refusal letter by your fiance.

I know a lot of vj participants in the Islamabad AP tracker in the 221g subforum have been using that site for updates. Maybe head over to that topic and see if anyone there has some info?
catknitFemaleIndia2013-01-04 13:14:00
K-1 Fiance(e) Visa Process & ProceduresVisa refused after submitting documnets requsted for 221g
That list is pretty much SOP for Delhi when they give AP for more relationship evidence. Many of us over the years have had that exact list of information requested. That's why I'm guessing the letter will state relationship validity as the reason behind refusing the visa.
catknitFemaleIndia2013-01-02 21:18:00
K-1 Fiance(e) Visa Process & ProceduresVisa refused after submitting documnets requsted for 221g
You will need to wait and see what the refusal letter shows as the reason for the refusal. An educated guess [and JUST a guess] is that the letter will mention 221(g) and the validity of the relationship. Additionally, it may state that the case has expired. I'm basing this on the fact that they gave you the "laundry list" 221(g) form that is typically used when a CO is not convinced that the relationship is bona fide. Again, just a guess. Once you get the letter [or more accurately, your fiancee gets the letter] it will give you more clarity.

The letter will further explain that the case will be sent back to the USCIS service center that adjudicated the case originally - either Vermont or California.

What you can do at this point is get in contact with the immigration liaisons associated with your Congressperson and/or Senators. You will be asked to fill out a form granting permission to speak to DOS or USCIS about your case. Good immigration liaisons will get you some information but please be warned that no one will come out and give you a blow-by-blow reason as to why you were refused. Figuring that out will take a mix of looking at your own case with CO's eyes and what information you do get from the letter and the immigration liaison.

Again, assuming it's relationship issues, you want to see if there is anything about your case that could be seen as a "red flag". These include anything that doesn't conform to typical Indian traditions - older women, divorces, children out of wedlock, mixed religions. Also on the list are lifestyle/match mismatches - a PhD marrying a high school drop out would raise questions or an MD marrying a rickshawalla. The method of meeting and number/frequency of visits: you met online in a chat room and then spent 5 days together and filed immediately after that - this could be seen as a red flag. Finally, another big red flag is the USC having an immigration past - an example would be someone who immigrated to the US through a marriage, got US citizenship, divorced, and is now trying to sponsor his new love. Sadly, a CO can deny on a "hunch". Maybe nothing I listed pertains to you but for whatever reason the CO thought - huh, just doesn't feel right. S/he would still need to document that something was "amiss" but there is a bit of subjectivity in this process. There is so, so, so much fraud that comes out of India, the COs are looking at cases with a fine-tooth comb mentality.

Depending on a lot of factors, this specific case may not be the way to get your fiancee here. In your shoes [and I've been there], I'd start researching the CR1 as an option once you know what is going on with this case. There is a chance, a small one though, that she could still get the visa from this case. But, start doing homework on how to cover the bases missed with this first case and what next steps you want to take in case this case is closed [expired at CSC, left to "die" at VSC].
catknitFemaleIndia2013-01-02 20:38:00
Middle East and North AfricaIt's that time again!
I'm flip flopping between it'll be ok to holy ####### what will we do.....

GG - thanks for the good thoughts...

A little general advice request please - Direct quote from my SO:

"i asked him what seems to be missing and he said that he is gonna be candid and he feels that we dont have a significant proof of a relationship"

So, I'm writing the affidivit. Like a lot of people, we had some red flags. Ok - a lot of red flags. The big ones I need to address I think are the fact that I only visited once and that it was immediately after my divorce. We consider the official proposal to be when he asked me in person in India to marry him, even though we talked about it for months prior to that. And yes, those conversations were happening after I had separated from my husband but before I had my divorce decree...I want to make this statement sound reasonable and logical but not all schmaltzy, you know. Everytime I try to start and write it I get all teary...I'm such a girl.

Anyone have any ideas about a good mix of pure fact versus and little "it's true love" stuff?
catknitFemaleIndia2008-10-16 18:32:00
Middle East and North AfricaIt's that time again!
Not that I should be surprised by this but...congressmen don't care if they aren't running for re-election.
catknitFemaleIndia2008-10-16 15:47:00
Middle East and North AfricaIt's that time again!
I'm sure I'll forget something off the list but...

#1 An affidavit explaining how we met/our relationship
#2 Notarized letters from both sets of parents saying the approve of the marriage
#3 Engagement ceremony info including where, when, pics, and a list of all attendees including their addresses and phone numbers
#4 general relationship evidence including letters, emails, pics, phone records from before and after the engagement
#5 my SO's voter card and other voter card info

He had #2, #4, and the card from #5 with him at the interveiw but the CO said that he should get the rest and resubmit everything.

We didn't have an engagement ceremony so I'll be collecting even more letters from friends and family stating that they know about our engagement and approve.

So - I'll be busy over the next couple of days. I want to fedex this stuff out as soon as possible.

Lauren
catknitFemaleIndia2008-10-16 08:41:00