Forum	Title	Content	Member	Sex	Country	Date/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)	221(g) at Delhi Embassy	The consular officer has the ability to extend the expiration date. It is at their discretion. For a simple paperwork issue like this, the date is usually extended. Because you had missing vital information [the birth certificate] they can not at this time process the visa. The good news is that this should be easy to fix! Once you have the affidavit fixed, drop what is asked on the 221(g) at VFS. It appears the usual turn around time is a few weeks to get the visa once that occurs. He was given a "soft" denial for something that you CAN fix. They will be able to give him the visa after they get the birth affidavit. As long as the birth certificate is the only issue, they will not need him to go back to the consulate. They will just confirm the affidavit, print the visa, and send his passport back via bluedart.	catknit	Female	India	2012-02-08 09:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Withdrawal of K1	This is exactly the type of information that will help the people of vj give you the advice you need! Thanks for sharing - I know you probably didn't want to get into the nitty-gritty of your past but it is important! This is my personal opinion of what may happen in some South Asian consulates - the COs are trained what a "typical" marriage would look like, same age or younger woman of similar class or background, similar education [or the man could be better educated, very rarely the woman would be better educated], no former marriages [unless the man was previously married and even then the preference would be a "new" virgin bride]. It is well known that there is a form of racist/shade-ism seen in South Asia too. For some families having a "wheatish" spouse or a "fair" spouse is seen as a premium - given the choice, a family may say no to a darker potential spouse. Sadly, this is true for some families. If you and your fiance have a large gap in complexion - this may be an issue to the CO because it doesn't fit the norm. [I know to a lot of people that would sound crazy, backward, racist, etc - however before flaming me about it, please do some research on marriages in South Asia - specifically Pakistan, Bangladesh, and India - for some families this is very important and the COs will be trained to notice it]. Now, looking at your case - you have an even higher hoop to jump through given your background [getting USC through a relationship], being divorced with kids... Again, it isn't that you have an illegitimate relationship. For the record, I completely believe you as I can hear the pain in your posts. It's about what is in your case that is setting off red flags to the consulate. Quick side note - I know what you are going through - we were somewhat accused of fraud. We went on AP, sent additional relationship proof, got put BACK of AP with a 221g asking for my work history from the age of 16 and a list of my now-husband's relatives that lived in the US including a list of everywhere they have lived and worked. The CO was trying [unsuccessfully] to prove that we had a "business" relationship and that I had been propositioned by a family member to bring him over. The problem with this CO's theory was simple, he had NO family in the US. But, as requested, I sent a 7 page list of ALL my employment from 16 to present day. He was denied the visa anyway and the case was sent back to USCIS. I was beyond mad at the veiled accusation. [I fully admit that this is my version of what the CO was trying to prove - but, seriously, what else COULD it have been]. Now back to your case - have you taken your kids over? Have other members of your family been involved in this relationship, celebrations? If it looks like just you are involved in this relationship it wouldn't be a huge leap for a CO to think maybe this is a business relationship [again, the CO, not me!]. You really need to look at the proof that you have from a outside perspective. It's all about how someone with knowledge of the local traditions would see your relationship based on the proof you submit.	catknit	Female	India	2012-02-24 15:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Withdrawal of K1	If you've had success with one attorney and they know the in and outs of your background, why would you look for someone new? If you are asking if you must have an attorney to go forward, it would depend on the specifics of your case. You mentioned having this existing attorney - did you become a USC through a marriage prior to this relationship? That could have contributed to the embassy returning your case to USCIS. A long standing practice that is seen as using relationship visas fraudulently is to marry to become a USC, divorce, return home to bring your "real" spouse. I am NOT saying you are trying to do this, but this is something COs are on the look out for. If you were a student here, did your OPT, got a job, H1B, green card, waited out the 5 years and then became a citizen - a relationship visa would be looked at completely differently than scenario #1. If you came on a derivative visa [child of a married sibling, etc] - again, a relationship visa would be looked at differently. So, the attorney involved needs to have a clear picture of your background. If you don't feel comfortable compiling a new case that will help refute the reason of the possible revocation, then, by all means use an attorney. If you feel like you can handle that - I personally know of at least one couple who went through Delhi getting a visa through the CR1 route after a denial/expiration of the K1 [they did not get a NOID/NOIR as CSC opted to expire out the case instead] - then start compiling evidence again heavily showcasing evidence that refutes the COs reason to send the case back to the service center. Please keep in mind you may never get a NOID/NOIR. You may just get a letter stating the case was expired out.	catknit	Female	India	2012-02-24 13:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	What next after USCIS reaffirmed the petition (Embassy Delhi)	There will most definitely be a second interview. Any forms/medical/pcc/police certs that you had first sent may have expired and new ones will need to be collected. Did they do a home visit the first time? Was your case sent into the fraud unit? Were you placed on AP? These things may happen, or may happen again depending on what happened the first time around. In general, a re-affirmation is a good thing, you "won" this round. Typically, it is just a second [rather basic/simple] interview. Two things to be sure of - if you are now past your second wedding anniversary, make sure that they [the consulate or at POE] "upgrade" the case to an IR-1. Also, if the beneficiary is a male Muslim do NOT be alarmed if he is placed into AP for name checks. This is very typical for India and specifically for New Delhi - name checks take at least 6 weeks, sometimes more.	catknit	Female	India	2012-03-05 21:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	refused for no valid relationship	For what it's worth - there was a couple on here years ago where the woman was significantly older than her fiance. Maybe 20 years. And at an age where child bearing would be incredibly hard. She and her fiance had no problems getting the visa and if I remember correctly, it was through the Kolkata consulate??? BUT, and this is a big but, she had been living in India in a village for those 20 years and had pretty much just integrated into society. They had a long history together, etc. I don't think a CO is necessarily concerned with doing things differently if that's your choice - why would they care? They are taught markers for fraud and sometimes those markers are EXACTLY what valid yet "real" couple do.... Also, it happens with some regularity in India that an elderly woman has a baby through IVF. And, it gets splashed all over the news. For Sahil, I'm sure this gives him a glimmer of hope. The medical system is different there - if you have the money, you get the procedure - no ethics boards or hemming and hawing, it just gets done. Oh, and the money is typically a fraction of what you would pay here. About appealing a K1 decision with an attorney, truly it would be a waste of time and money. You'll be getting into the thousands of dollars in legal fees and it will result in nothing. Either refile or marry and try CR1. In your case, if you want to go forward with everything, it would probably be better to marry, settle in India, wait 2-5 years, then file DCF.	catknit	Female	India	2012-04-06 07:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	refused for no valid relationship	Bec_Dipu speaks the truth...you have a MASSIVE mountain to climb on this one. Also, if your fiancee got her citizenship through her marriage - even if it was years ago - you just added another MASSIVE mountain. In no way am I judging your relationship - you two may be soul-mates who will spend many lovely years together. But, from an outside perspective your relationship seems so non-traditional, so against the grain, so different that it would lead a CO to think fraud. I would actively be looking for a plan B if I were you - living in India, living in the Philipines [she may have some issues marrying there though, the Philipines forum here is a good place to research that]....	catknit	Female	India	2012-04-04 08:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	refused for no valid relationship	An immigration attorney will not help in this matter - unless you and your fiancee feel that you can't correctly re-file or file for the CR1 [after marriage], there really isn't anything an attorney would "do" given the information provided. I completely concur that you need to read through the post R&S linked earlier in this topic. Read it and see if there is anything about either you or your fiancee that rings true. You'll need to be able to overcome whatever hesitations the CO felt...is your soon-to-be-wife no longer of childbearing age? Was she recently divorced when you met? Did she divorce her ex during your relationship? Have there been sizable and/or frequent deposits into the shared bank account from only one party? As shocking as this turn of events is for you, please keep in mind that this is survivable [my husband and I can attest to this]. Chances are the case will go back to USCIS and be expired out. At that point, you may refile either for another K1 or a CR1 [if married]. Delhi is notorious for being harder on mixed couples applying for a K1. I would suggest marriage and CR1 as the path going forward. You, of course, need to overcome what the "problem" was with the first case. In many cases, additional time in person helps the case immensely. Oh, and if you are a mixed couple going through Delhi - have the USC there for the interveiw - that alone solves a lot of the "what ifs" in the COs minds. I think there is a couple on vj that even stated their 221g was thrown out since the USC was there [maybe Bec_Dipu????].	catknit	Female	India	2012-04-03 13:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I need urgent advice	I think they are ok in California...it's on the list of states that ok 1st cousin marriage. I'm not sure how that works though, as it is illegal in some states too. So, in this type of case, does the case just stay in limbo [ap] forever? Is the wife a USC from birth or did she get her citizenship somehow else?	catknit	Female	India	2012-04-11 18:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I need urgent advice	Ok - well that's good then! You stated something about "she is of my family" - is she a first or second degree cousin? Again, state laws may have issues...	catknit	Female	India	2012-04-11 17:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I need urgent advice	If you married her over 4 years ago and she's 20 now - THAT would be the problem....I'm guessing there could be state law issues with consent and all that. What were your ages when you married????	catknit	Female	India	2012-04-11 17:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I need urgent advice	Writs of Mandamus still do come through with respect to immigration ocassionally. The case needs to be strong [ie been on AP for many years NOT many weeks]. It is cases like samadkhan that this legal option exists....Almost always the writ just forces the State Department to rule and the cases almost never make it to a judge. Samad, is there anything "strange" about your case??? Is your wife age appropriate? Is she the same religion? Was it an arranged marriage? Did your wife get her US Citizenship through naturalization? If so, how exactly? If everything is above board - no red flags - I would strongly suggest your wife [and her family, if need be] start calling immigration attorneys [AILA registered preferably]. Find an attorney who has filed a writ before. This is not the time to hire someone who just got out of law school or just passed the bar. Many immigration attorneys will take cases that are not local [so if your wife is in Illinois and the attorney is in Alaska - it's usually no big deal]. Make sure you and your wife tell the attorney EVERYTHING about your relationship, your marriage, your families, where you and your family are located in PK....the whole thing. The last thing you want to do is have a last minute "oh I forgot to tell you..." moment with the attorney. The writ is pretty much your last shot to get this case straight. Have you been in touch with the consulate over the last 4 years? Did they do a field investigation? In general, the State Department, I believe, needs to rule within 90 days of receiving the writ or it goes to court...[it may be 60 days and I'm too lazy to look it up right now]. Good luck. Edited by catknit, 11 April 2012 - 02:03 PM.	catknit	Female	India	2012-04-11 13:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Could 2nd (muslim) marriage ceremony and signing 2nd marriage document affect our case?	I don't think there would be any harm in contacting the embassy. Thankfully, you're not pursuing a K1 and trying to "sneak" in a religious ceremony. That would be a huge NO-NO. As you're already married, this 2nd ceremony shouldn't hold any legal weight. From the religious side, depending on a whole host of ummm, things, your religious marriage should be fine. Just as a warning though, the following things may rear their ugly heads: #1 - Are you "of the book" - meaning, do you consider yourself Christian or Jewish or through family-line/history are you either? There are Muslim rules that dictate that if you are "of the book" you can marry a Muslim guy. #2 - Are you "chaste and of the book" - meaning the same as above and also have no sexual history. Some imams/sheikhs/mullahs go there with the questioning. Some imams/sheikhs/mullahs don't care or ask. They come over, they do their thing, contracts get signed and then there's really good food. The ceremony may not be much of a ceremony also - go to MENA and ask around. In essence, it could and may be as simple as saying yes three times and signing your name. You may not even be in the same room depending on tradition in his area. Ask around, the ladies on the MENA board know an awful lot about the ins-and-outs in Morocco. You may ask him for a run down on etiquette around his family also. Depending on area and family rules, you may need to reign in some american behaviors. For example, I now never extend my hand or try to hug any man in my hubby's family without the man making the first move - not knowing how orthodox they are about touching women, I don't want to cause them grief. I wouldn't have thought about it otherwise, I always hug extended family on my side - but, it was something to learn.	catknit	Female	India	2012-05-07 16:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Could 2nd (muslim) marriage ceremony and signing 2nd marriage document affect our case?	As you are currently legally married in the eyes of the US govt as well as in the queue for a CR1 visa, there should be no ramifications from an additional marriage ceremony. AP is miserable and this may be a nice little distraction for awhile! From what I can gather from your other posts, it appears that you may have slipped into a name check quagmire. From a personal standpoint, here is a very fair and balanced marriage contract I stumbled upon that is a bit more western-lifestyle friendly [heck, it even has listed a check for STDs]. It's a good starting point to discuss the Islamic side of your marriage. It is in your best interest to be as well informed about anyone's [his, his family's, his community's - even if he was born/raised in the UK] expectations. http://www.hijabman....abManDotCom.pdf	catknit	Female	India	2012-05-07 12:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	passport not yet received	I'm not following what you are saying. Is this what happened... The consulate had your passport in their possession. The consulate then asked for a new medical report and explained that they are sending back your passport so you can have the new medical done. The consulate and DOS claim the passport was sent out on 3rd April 2012. VFS claims that between 3rd April 2012 and today, they have never had your passport????? If this is the case, you need to send a detailed email to VFS and the consulate containing your name, date of birth, your case number, any of your petitioner's information and spell out this exact scenario asking them to revert to you the details of your passport's current location, tracking number if sent via bluedart, or confirmation of delivery as you have not received your passport back in hand. The sad truth of the matter is that things can get lost, misplaced, or sent to the wrong person. It doesn't happen frequently, but it can happen. Continue to follow up by email or phone every few days until you get this resolved. Best of luck!	catknit	Female	India	2012-05-09 20:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	three times in Ap	Have your wife check in with the DOS line every Friday. Since you've been put on AP frequently, you know the deal - they aren't giving you the visa until they are done with AP. It could be weeks or months, sometimes even longer. Also, if you have a name that is giving hits on any of the databases do not be surprised if this takes awhile. And, don't be surprised if you get extra questions in secondary inspection when you finally use the visa. Or, anytime you go through the border. My husband goes to secondary EVERY SINGLE TIME. Evidently, there is a suspicious guy with the same name who spends a lot of time in Somalia [we are guessing this part as the questions usually revolve around whether or not my husband has traveled to/from Somalia].	catknit	Female	India	2012-05-22 13:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	2nd 221g from Mumbai	iwaiting is a nice ray of sunshine in what can be a frustrating and crazy process! Chrystal - your story is heartbreaking! Even if you and your former husband were over in the sense of a relationship/marriage and even if you were fighting or whatever, having him pass must have been truly shocking and destablizing, not just to you but to your children as well. Sometimes things just time out incorrectly. I don't delve much into my former relationship here too frequently but part of the "wreaking-of-fraud" issues we had pertained to timings with my ex. My ex was a controlling, manipulative, abusive man. I could go into to specifics, alas, they would probably be boring to most though some I find down right hilarious now. Anyway, in 2005, I moved out of our common bedroom and went into therapy. Due to a swear of "divorce is not an option", I resigned myself to just live life as a dutiful "roommate"-style wife. With the help of said therapist, I realized I would be miserable living that way and when the ex refused to go to counselling, we separated. Eventually [2006-7], I moved out, I filed for divorce, all was well in the world! It was during the separation that I met my now husband [red flag for fraud]. My divorce attorney had promised a divorce by the end of the year and that didn't happen [court scheduling was a mess]. I was quoted a new date, didn't work out. I was quoted a new "it WILL be this week, pinky swear" date. It was missed. In the midst of all this, I was ready to move on emotionally/relationship-wise and scheduled a trip to India to meet my now-husband 3 months past the most recent scheduled divorce date thinking it HAS to work out in the next 12 weeks. When all was said and done, I ended up divorcing my ex on a Thursday morning and was in Delhi 36 hours later [HUGE red flag]. What didn't matter was the fact that I had been separated more than a year [there was no proof as my state had no legal separation option - you're either married or divorced, I stayed with friends for part of the separation so no lease in my name, etc etc etc]. What was PAINFULLY obvious in the paperwork was Date #1 [divorce date] was exactly 1 day different from Date #2 [date of the flight to meet my new bf, now husband]. Explaining this type of situation takes time and well written narratives on how it ended up the way it ended up - but even then a CO whose ears and brain are trained to sniff out fraud may see something else. An easy conclusion for a CO is a vunerable woman [me] has been smooth talked by a coniving man [my husband] during a stress-ridden part of her life. Not only that, add in the cultural aspects that are on the fence anyway [age, divorced, race, religion] and you have a mess. I totally get why we were denied. Frustrating? Sure. I think what adds to that is under most circumstances, when you are filling out paperwork with the government - you get what is asked for. Renew a driver's license - you get it. Change your voter's ID - you get a new one in the mail. Heck, even your taxes, you fill in the blanks, sign it and a check magically arrives in the mail. These forms look the same, feel same, and even ask some of the same questions - it's easy to fill them out and think "I got this!". But, this type of situation is very, very different. #1 - you have a holy host of emotions playing into this. In some cases, people haven't seen each other in months or over a year. You are in love [which is a hormonal nightmare]. #2 - you need to look at this like a legal case, something that many people have NEVER done before. Primary evidence? Secondary evidence? Bans and bars???? It is messy and stressful and a mere typo can cause huge issues for months if not for years. #3 - You may not know anyone who has had to wrangle with a consulate or USCIS - so you have no gauge on what's going on. I remember a friend re-upping his H1B and he asked me to be "on call" if he needed anything faxed. I was like "What are you talking about, just go get your visa...". I had NO idea how complex and stressful this whole system was before trying to sponsor my husband. Anyway, my point to this long rambling post. Your case could go either way. Since you explained that your relationship is out of the ordinary, I would not be surprised in the consulate is taking more time to look at the details. This is not simply a request to hand in a missing W2 or a better copy of a birth certificate. They are probably looking to see if the relationship "makes sense" on paper. Best case, you get the visa in a week or so. Worst case, you sit in AP for months or years not knowing what in the world in going on. Crappy case, but totally not worst case, is a denial. If that happens, you move on and keep fighting. We'll help you through that!	catknit	Female	India	2012-05-23 14:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	2nd 221g from Mumbai	See - there is a light at the end of the tunnel - be warned, it may be a really long and weird tunnel So, I've been thinking about this a little longer. Did he try for an OPT year? No bites at his skills/cv to offer him work? I think [and this is purely speculation] that maybe the CO might be saying "well, if they are so in love, why didn't he stay on OPT, see the relationship out and then marry and adjust? What's up with the weird going back to India thing???". Again, speculation. Also, any "weirdness" pertaining to your relationship [ie he was an adviser to you, a boss to you, on a committee that was overseeing any of your work]? What the Indian consulates LOVE to see and approve without hesitation is a Desi-Desi love or arranged marriage. The guy should be 2+ years older than the woman. Depending on the consulate, there should be an engagement party or other formal get-together. There should be album after album of those horrendous posed photos that make the Glamour Shots from the malls in the '80s look like Pulitzer Prize winning photos. If going for the CR1, the groom decked out on a white horse or elephant wins CO brownie points... Once you start to move away from that norm, there needs to be realistic stories behind how things happened in the relationship. This story needs to make sense to the "average joe" who hears it. It seems like from your other information, it did make sense. But.... There is a little something that is making them hesitate - whether or not it's surmountable, only time will tell. Was there a discrepancy in his G325? [I think that's the form - with the addresses and such?] It would completely blow if they try to nail him on a misrep for a clerical or interview error....but that's the type of info that they are now requesting. I wish you the best of luck, it seems like Mumbai doesn't sit on cases too long.	catknit	Female	India	2012-05-22 18:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	2nd 221g from Mumbai	We received a 2nd 221g from New Delhi [years ago] requesting my entire job history from the age of 16, each boss' info, the company names/addresses/phones - the whole kit and caboodle as they say. Also, they requested a list of all his relatives in the US and their complete work histories including companies/addresses/phones. We believe they were digging to see if I ever worked with any of his family [who are all in India, mind you, but the rest of our case as presented looked a little too fraudy]. Here's the deal - regardless of what laundry list or flaming hoop they throw in front of you, just do it. Don't waste mental and emotional energy on this, just get EXACTLY what is requested and send it in. Something has them digger deeper - maybe certain things look too convenient or text-book-fraudy. Who knows. But, you won't get any answers or go forward in your case without answering what they ask.	catknit	Female	India	2012-05-22 16:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Speechless!	I would give them 30-45 days - but have the USC [your wife, right?] contact her congressperson and senator[s] so that their immigration liaisons can get the exact same message to the consulate. She will need to fill out permission forms with each office. Once you have responses from those offices and nothing is still happening then pull the trigger with respect to an attorney. To lawyer up for immigration - go ahead and look at this website [she can be doing this homework while waiting for responses to the senators/congressperson's offices]: http://www.aila.org/ You need to ask prospective attorneys some hard questions: #1 - Have they filed a Writ? #2 - How many? Any recently? What were the outcomes? #3 - Have they dealt with the Yemen consulate specifically? Do they have experience with MENA consulates? #4 - Cost structure Yes, I put cost at the end. Something like this is not the time to try and cut costs - every lost year with your family hurts and has an emotional cost could very well be worth more than a few thousand dollars here or a few thousand dollars there. Best of luck!	catknit	Female	India	2012-06-12 17:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	5 Months Ago Still Under AP at New Delhi Embassy	Are you from a smaller area where paperwork may look "less official" than the larger metros' versions of the same documents? You really have been in AP for an extended period of time for Delhi, the exception being name checks which can take longer and typically hit Muslim men. Something hit a nerve with the CO and it appears they are trying to find something out.	catknit	Female	India	2012-05-08 13:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	5 Months Ago Still Under AP at New Delhi Embassy	Sounds like something is up with your relationship - do you have any red flags [older female, mixed race, mixed religion, former marriages, kids out of wedlock, or married within your own family]? I have never seen the phrase "attempting to independently verify certain information presented by you at the time of your interview" ever come out of Delhi.... Did any of your paperwork look dodgy even by Indian standards? What were the questions asked at your interview?	catknit	Female	India	2012-05-08 12:46:00
India	Meeting in India	Some general visiting India advise [I'm sure others will be along with additional info.]: Wow - the golden triangle area in July/August will be HOT. Like 100 in the shade HOT - humid too because of the monsoons. Most likely cooler during the terrential downpours . Look at a hill station if you aren't into heat - Shimla, Munnar, maybe Manali. Coastal areas can be nice too - Goa, Kerala could be options but I don't know how they fair in the monsoons. A great [and can be budget] option for a tour is a driving tour. There are many agencies that do this. You would get a car and driver plus pre-booked hotels for a certain length trip. The budget would be set by the class of hotel chosen. Urdu is helpful but english speakers are pretty easy to find. If you're planning on sharing a hotel room please keep in mind that some hotels maybe very reticent about it. Supposedly, it is against the law in some areas to share quarters [non-married couples]. Some hotel staff may use this to get extra $$$ out of you - some will not allow you to share a room. When my husband and I were first together [and unmarried] I had to assure an innkeeper that I understood my then-fiance would be sharing a room with me. I was asked whether or not I understood the reservation was for only one room. Many eyebrows were raised around the front desk when I said I did understand that we were sharing a room. I wouldn't spend less than 9-10 days [space it over 2 weekends if you can] - the travel time added to the time change make for a rough trip back. You'll have no problems getting the tourist visa assuming you are not of any indo-centric descent [pakistani, bangladeshi, sri lankan, etc], are not a journalist or photojournalist, and are not a religious professional [pastor, nun, etc]. Those seem to be hot button issues with the embassies. I'm not sure how afghanis fair with the indian missions though... Absolute best IMO website for indian travel - indiamike.com. It has it all - itineraries, general "how does this work in India" advice, visa questions, etc. Case is point - some people love the backpacker feel of Pahar Ganj in Delhi. This neighborhood is close to the train station and has super cheap hotels. Sounds like a win-win for someone looking for a good budget area and a quick walk to the station. But, it is noisy and dusty - travelers are coming and going at all hours, it's wall to wall people most of the day, there are tons of touts trying to convince you to buy stuff - it's just not very peaceful. The flip side would be south delhi where you can stay in a more spendy hotel or bed and breakfast [yes, there are a few]. It's pretty residential and not near too many tourist attractions but you'll have access to chain coffee houses, a few malls, etc. Totally different spectrum. My point - indiamike has all this information about just about everywhere in India. If you throw out a question, chances are someone will know the answer. A lot like vj only about India. If you do the golden triangle - some famous tourists attractions: Taj Mahal*** [see it either at day break or sunset for best pics], Fatehpu Sikri*** [agra and surrounding area] Red Fort, Jama Masjid, Humayun's tomb, Qitab Munar***, Bahai Temple*** and Lodi*** Gardens [delhi] Jaipur, Amber Fort*** [you used to be able to ride an elephant up to the fort from the parking here], Jantar Mantar [stone observatory that I likened more to a sculpture garden as we were there during the day]. *** - ones that I liked the best - of course your tastes may be different You'll probably want/need some shots before going too [hep a, hep b, typhoid are all typical] - and depending on where you are you should ask your doc about malaria meds. Ok - this is a lot of info but if you are out to do some homework you'll see this is merely the tip of the iceberg.	catknit	Female	India	2011-05-03 02:57:00
India	Need help! What are the procedures for the Special Marriage Act?	I didn't intend to make it sound like the 30 day wait goes away with the help of an advocate or agent . It doesn't - that's a hard and true rule. What can sometimes be "fixed" is having both people physically present to sign for the publication. In some states and some towns/villages, the intent can be filed using an advocate or agent where both parties do not need to be present [when that is allowed usually the person in India does go with the advocate to the requisite office(s)]. In some areas, there is no way around having both parties sign. But only an advocate or agent would have the inside scoop for their area - however this can get fishy too because who says you don't stumble upon an advocate or agent that just takes the money and runs, or requests more and more money with no results because they know full well that they can't "fix" it for you.... I'm still astounded that the judge wanted relationship proof. That's just bizarre.	catknit	Female	India	2012-02-22 15:02:00
India	Need help! What are the procedures for the Special Marriage Act?	She wants to marry for real, in person - any non-Hindu marrying a Hindu MUST marry under the Special Marriage Act or any other type of "mixed" marriage where both parties are not the same religion. What they are trying to do is get the 30-day wait period started. Under the Special Marriage Act, a notice is posted stating that the two parties want to marry and that any objections to the marriage can be made. This is NOT a proxy marriage. It's just any marriage for mixed parties. I'd have him ask around and see if there are any agents or advocates that can make this problem go away. Chances are it may with the right amount of money. I have never heard of having proove a relationship to a judge in India...	catknit	Female	India	2012-02-22 08:35:00
India	Registrar of Marriages in Srinagar, Kashmir	I know you sent me a pm on this - I had to ask the hubby [he's the Kashmiri] and as best as he knows there is NOT a Registrar of Marriages available in the state. [We married in the US via K1 so this was never needed in our paperwork]. You provided NVC with an affidavit from the High Court declaring your marriage legal? I would think what you may be able to also provide would be a copy of the nikah [assuming you're Muslim - if Hindu, any certificate from the temple] and copies of any laws pertaining to marriage in Kashmir [and where you are sourcing them from] to explain the lack of a Registrar of Marriage office - there may be an exclusion out there somewhere in J&K's state laws or even from the federal [Indian] law. Best of luck and keep us posted!	catknit	Female	India	2012-03-06 18:46:00
India	Question for Indian immigrants: Did you choose to live in an Indian community after moving to the U.S?	At one point we were thinking of central NJ for our home base as I had been born/raised there. There are definitely some very specific Indian communities with segregation within the communities in the US based on faith, language, and what part of India or South Asian [in some communities] is represented. Most small to medium places wouldn't have these issues as the Indian population may be small and mixed or just a handful of families [who may very well be inter-related] but when you're talking about - say - Edison NJ or Iselin NJ, it's hard to avoid. Having been on the receiving end of some very strong looks and mumbles of "gori" in indo-pak store from older females, I think there is a little something there. Plus, in a neighborhood, there may be innocent talk and given the social structure and how blunt and outspoken [not necessarily in a bad way mind you] elders can be [by virtue of the social structure in India/South Asia] what may be seen as idle chit-chat and stating the obvious to an American can appear to be catty gossip. [Hearing "Gee, you have such large thighs" and not taking that the wrong way as an American White Girl just ain't happening - though in my case it is completely true, I have big thighs - but it wasn't meant in a hurtful, catty way at all - it was more of a declaration of differences that still completely and totally took me aback. And, no, it wasn't just an off the cuff criticism, it was during a clothing fitting - but, I can't imagine that being said by ANYONE in my family/friends or at a store. What I would be accustomed to hearing would be something along the lines of "Let's try another size" or "It's the cut of those pants, let's look at something different"]. I know, from being exposed to the culture for a while now, that some of this [like the example above] is NOT judgmental or hurtful just honest and to the point but it's strange to hear and can cause the non-Desi in the relationship distress. I can see a spouse not wanting to expose their significant other to that - even if it is socially acceptable within the spectrum of that sub-culture.	catknit	Female	India	2012-03-25 18:27:00
India	Question for Indian immigrants: Did you choose to live in an Indian community after moving to the U.S?	Hubby has no want to be involved in any type of Indian community either. Drama and "Keeping up with the Jones'" [guess that should be maybe Patels or Guptas instead ] are what he doesn't want to get tangled up in. Oh, and gossiping aunties. He will occasionally happily go to an Indian restaurant as there are things I don't/can't make at home. But, that's just about it.	catknit	Female	India	2012-03-25 08:41:00
India	Big age difference	First off - I know how much this whole thing sucks. We've been there, we survived, we're now happily settled in the US. Certain things can't be "fixed" per say. Obviously you can't change your age. But, you can look at all the information about your case and see how you can strengthen your case... As to whether or not using an attorney at this point makes sense - in your case, most likely not. The CO wasn't convinced that your relationship was bonafied, an attorney won't be able to fix that. You can get in touch with the immigration liaisons for both your Congressperson and US Senator. These people will only be able to confirm that your case was sent back to USCIS. In some extraordinarily rare cases, files are kept at the embassy and a second interview is scheduled at the request of these liaisons. I can think of only 2 cases in all the years I've been on vj that succeeded in getting a second interview after a denial. But, no harm in trying... When you case returns to USCIS chances are it will be expired out - no further action will be taken on that case. You may get letter stating just that [or you may not - VSC doesn't seem to do that]. Your options going forward would be to file a new K1 or get married and file for the CR1 [I-130]. Delhi seems to give K1 mixed race couples a harder time than CR1 applicants. My recommendation would be to marry and file the I-130 over the K1 route. Total side note - getting married in India is a whole nother mess. You'd probably marry under the special marriage act which has a 30 day posting period. Some regional areas require both parties to register 30 days ahead of time, some regional areas allow the Indian fiance to do this on there own. This means either a long trip to India in some cases! I personally think one of the hardest parts to this whole process is separating yourself from all the warm and fuzzy feelings you see in your relationship and look at it like a legal case. Your goal is to prove to a 3rd party suspicious government employee that this is a real and true relationship. When you have "red flags" you've just upped the ante on that legal burden. You'll most likely want to front load your next petition [do a search here on vj for information]. This will help the second petition immensely. And, again, my #1, numero uno tip for Delhi K1 interviews [or any case that has a messy history - which yours now does]: the USC needs to be at that interview. Be there come hell or high water. It speaks volumes to the CO and chances are you will be interviewed at the same time. Any questions can then be clarified at that time. Interactions between you and your fiance can be seen. Tricky questions about your past can be explored - like if your divorce was a mess due to custody fights...your right there to explain it. Read the R&S's topic in this forum about inter-racial relationships, it will help you see some of the past/present issues some couples have at the Indian consulates. If you have any additional questions - just ask! We're here to help!	catknit	Female	India	2012-04-03 21:18:00
India	Big age difference	Wild guess - your fiance posted the 601/212 forum????? There are a few things that pop right out: #1 Greater than 25 years difference - you're probably on the edge with respect to childbearing age? This will be seen as a red flag. Kids are a big deal in Indian culture - the COs know this. #2 Recently divorced. As in VERY recently divorced. This is also considered a red flag. The CO may be curious as to why you were in a committed relationship since 2008 and only just divorced. There can sometimes be very legitimate reasons, specific divorce laws [some states have/had a 12 month separation rule, etc] or things were tangled up in court for years because of custody disputes/interesting financial situations - but as it's written in your post, it seems sketchy. #3 Joint bank account. Even though this is great proof once married that you are comingling finances, at the "engaged" part of a relationship, this can be seen as a little suspicious. Monetary gifts may make sense to some, but to be already comingling finances would raise some eyebrows. Go check out your fiance's post in the other forum...there is some good info there. Also, check out the interracial relationship topic in this forum.	catknit	Female	India	2012-04-03 15:00:00
India	K1 Visa Denial at Delhi Embassy	You know, re-reading your original post it's rather strange that his 129f is valid through Aug 2012. I thought they were only valid for 120 days after the NOA2 date [or 4 months - can't remember which] - August 1st is 105 days from now...how on earth did they fly thru NVC and scheduling the interveiw????	catknit	Female	India	2012-04-18 17:13:00
India	K1 Visa Denial at Delhi Embassy	If he petitioned through VSC, chances are he will hear nothing ever again about the old K1. Maybe a letter stating it has returned to VSC but no real information. If he petitioned through CSC, chances are he will received a letter stating the case has expired and he is free to applying again. The kicker is, neither option above really matters once he marries. The act of getting married will "kill" the K1. He is no longer legally able to pursue the K1. He needs to have his fiancee find out what the deal is in her area about the NOC. He may not need it. Then again, he may. Whatever mess caused the first denial needs to be cleaned up for the second case - did they have enough face time? Did they have enough family time? Anything "weird" about their case? Did he fly in on a Friday night, meet her and her family, took pics, left Monday and filed the K1 on Tuesday? Anything like that needs to be addressed. Edited by catknit, 18 April 2012 - 05:03 PM.	catknit	Female	India	2012-04-18 17:03:00
India	USC wife in India	Did you convert her visa to an X visa? There was at least one other member here who had to go to the FRRO and get an exit visa even though she was married to an Indian. She had to pay a fine, too. She overstayed by 4 weeks - this was in Delhi though and if there is one thing true about India, the rules change based on the state/airport/bureaucrat closest to you! I'd hate for this couple to get to the airport and be shoo-ed off to go back to the FRRO yet again to try and get something straight.	catknit	Female	India	2012-04-18 17:43:00
India	USC wife in India	If she's on a PIO/OCI or X visa there will be no problems. If she has a Tourist visa that was only good for 6 months - you may have problems. It's good that you went to the FRRO to get her registered but if she entered with only 180 days allowed, she will need an exit permit to leave. You'd get that at the FRRO. Edited by catknit, 18 April 2012 - 05:31 PM.	catknit	Female	India	2012-04-18 17:30:00
India	Getting nervous for K1 interview in India	There are many inter-racial couples that got there visas approved right away. The issue typically isn't mixed-race - there is actually a topic in this forum on inter-racial relationships. Some sail right through, some have headaches. What it appears COs look for is a "logical" relationship. If any common man on the street were to bump into the two of you together - would he think "oh a couple", "oh friends", or "what in the world?". If someone heard the story of your relationship, would it make sense? The other angle that the COs look at is the "local tradition" angle. This is where a lot of mixed-couples actually do have problems. Divorce is so rare in India, marrying a divorcee is seen as highly suspect. The traditional norms for age comparison is the male being older and the female being younger. A woman with a child out of wedlock would never be chosen by a family to marry their son. Widows don't remarry. Etc, etc, etc. [Yes, there are some people who buck these norms but they are few and far between in the 1.3 billion Indians.] I know it sounds like the 1950s America - but that is where the vast majority of Indian culture still is today. The COs have been trained extensively on all of this... Does any of this doom your case to failure if it doesn't follow the above criteria? NO. Here's the thing, the CO is human and most likely has a pretty good built-in BS meter [I personally thing they hire and place FSOs in the immigrant visa sections based on their innate abilities to read people - yes, the COs are further trained, but I think they need to have a little sparkle of that ahead of time to pass muster]. They will get a feel/vibe of what's going on. Sometimes they can look through all the red flags and see the relationship is genuine, but sometimes they don't. Especially in the consulates in India, they don't have a lot of time to read through the case materials/evidence, etc. The point here is that a LOT of pieces factor into this huge question of "Will I get approved?". The best you can do is prepare your fiance with the best evidence you can gather up. 4 months together in the US is great and hopefully you have some good evidence from that time period! If all heck does break loose and he's denied, there are ways to deal with it. But, you would need to deal with it smartly. As I've stated numerous time all over vj, you need to look at your relationship as a legal case not a warm and fuzzy romantic story - and that can be hard to do because to you it's a warm and fuzzy romantic story .	catknit	Female	India	2012-04-23 09:04:00
India	K1 visa - 221g received for missing PCC	Given it a good 2 weeks. Double check with VFS in a week to make sure everything went through. You can call DOS stateside to see when the visa is actually printed and sent...the number can be found in the 221g forum. If there are any Indian holidays in the next couple of weeks, add a few days on... Barring something weird and out of the ordinary - you should both be fine for June.	catknit	Female	India	2012-04-23 09:13:00
India	India specific question: When to surrender India passport	I take it the time line you have in your signature isn't his???? Just making sure....	catknit	Female	India	2012-05-04 18:37:00
India	new delhi us embassy petitioner is not required to attend	Shouldn't be a problem at all. Just remember your passport to get in! Best of luck!!!	catknit	Female	India	2012-05-27 12:19:00
India	Indian Police certificate for foreign national	The State Department's proclamation should be all you need! Print it and keep it for your interview. Now, if what ever you found through the DOS is no longer applicable then you need to ask yourself these questions: Did you move to Canada before your 16th birthday? Did you "reside" for any length of time over 6 months in India after your 16th birthday? If you answered Yes and then No - you wouldn't need a police certificate anyway. If there is no huge fee or wait time to get the police certificate from the Indian Consulate in Toronto you may want to get it just in case. No harm in being over prepared. But, if your research is correct - you don't need to worry about it.	catknit	Female	India	2012-06-04 11:59:00
India	Evaluate Our Case Please	Just have her be honest and forthright with her answer. Why is she okay with marrying a non-Muslim? Maybe she is extraordinarily liberal minded and strongly feels that the woman marrying out rule is wrong. Maybe she sees religion as a very personal and private thing and has no place to judge others. Maybe she is a "cultural" Muslim and not a religious Muslim [lives the lifestyle but is at best an agnostic]. There really isn't a right or wrong answer to this...but be prepared that it may very well be asked. Also - to follow up with the whole being at the interview thing - I totally missed your last sentence in your OP confirming that she'll be going through Delhi. Yes, I would recommend going there for the interview. Historically, Delhi allows the petitioner in for the interview and usually they are sworn in and questioned at the same time. You just need your passport to get in. It will allow you to clear up any questions the CO may have. And, just some things I've seen over the years, typically women have an easier go at getting the visa. Not sure why, but men seem to get denied or tangled up in AP a whole lot more than women. Given she's Muslim, there is a chance she may get AP but, again, with women it appears that AP is shorter. There is a whole forum dedicated to AP here on vj. You may want to go have a little look-see at that.	catknit	Female	India	2012-07-16 08:36:00
India	Evaluate Our Case Please	The biggest issue I see is that she's Muslim and you are not. The COs know the "traditional" rules when it comes to religion and culture. A huge rule for many [read: almost all] Muslims is that females don't marry out of Islam. There are a some who have [very valid] arguments as to why this rule is false - but for many, many families it is followed. This will completely peak the CO's interest. Be prepared to have her handle this question. ***Extra bonus points if she's from a truly progressive family where many close and intermediate family members have mixed marriages [ie, "Well, my bro married a Sikh, and my first cousin on my dad's side married a Buddhist, etc" - this would concretely show that in her family mixed marriages are accepted.]*** If you're going through Delhi - and I haven't a clue where Lucknow interviews - go to the interview.	catknit	Female	India	2012-07-15 17:12:00