ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a
Hello all
Thank you all for your advice. The consulate sent me the following email after my constant phone calls and emails. We have decided to get married. What do i need to do so that my application for the marriage visa to get approved. Its such a drag and i feel that all this was so unfair. My fiance was nervous and intimidated during the interview and now our lives are on hold. Here's the letter from the consulate:

Case Reason: Hold case/221 G & Refusals/214B
Public Response: Based on the information provided by Ms. XXXXXX at the time of her interview, she was determined to be ineligible for a fiancé visa as she could not present sufficient evidence of a credible relationship with the petitioner. Therefore, Ms. XXXXXXX’s petition was returned to the National Visa Center (NVC) Once NVC receives the petition, it will return the petition to the approving office of the United States Citizenship and Immigration Service (USCIS). K-petitions (I-129F), unless they are revalidated by the consular officer, are only valid for four months from the date of USCIS action. When USCIS receives an expired I-129F, they will not look into the basis for the return, but will allow it to remain expired and will not reaffirm or reopen the petition. Please direct all future inquiries regarding this case to the approving USCIS office: www.uscis.gov
ntbNot TellingIndia2013-03-25 20:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a
Thank you for your advice. I spoke with a lawyer who has given me three options.
1 wait for the reply and fight it. Can take anywhere from 6 to 12 months. And could still be denied
2 file another k1 app and start it all over again
3 withdraw the k1 and get married and file which he mentioned was the best option.
However I'll call the consulate again tonight and try to get precise reasons why the visa was denied
ntbNot TellingIndia2013-03-21 14:35:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a

THank u. My fiance received the letter yesterday. I will call them tonight as its morning out there. Hope its not too late.


I called the embassy but the operator couldn't get me anyone involved in the case . I sent them an email. This morning i receive the following reply. I really dont understand what it means.ie; the case of applicant and is still in the process of being reviewed...?????


Case Reason: Hold case/221 G & Refusals/214B
Public Response: Dear Applicant,

Thank you for writing to the U.S. Visa Service Desk.

With regards to your query, the case of applicant has already been escalated and is still in the process of being reviewed. We will contact you as soon as we recieve a response, alternatively, you may contact us again at a later date.

For your reference:Case-xxxxxxxxxxxxxxxxxxx

We hope this answers your queries.

Have a pleasant day!

Yours sincerely,
U.S. Visa Service Desk
ntbNot TellingIndia2013-03-21 10:11:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a
Thank u all for your advice. I just called the Mumbai Consulate.The operator couldn't get me anyone on the phone to address my issue and kept saying it was at the consulate discretion to approve or deny a K1 visa. He could not tell me why it was denied. I have also sent them an email literally pleading for them to reconsider our case. Please pray for us guys.
ntbNot TellingIndia2013-03-21 00:32:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a

This is not entirely true since you still have to go thru the interview again and possibility of denial exists. I read somewhere that most often such cases are put on AP by IO and they let the application expire and make the applicants resubmit medical s, pcc etc, dont know why.
In your case, I recommend to beg for reconsideration at consulate and also visit her and collect more evidence...family pix, functions, parties plays huge role in indian consulates...more the better.Good luck!

Thank u for your advice. I had submitted loads of photos, receipts etc to the uscis too. Does the uscis share all this with the consulate? i'm asking coz the CO asked my fiance for the same documents that had been previously been submitted. We submitted everything again.
ntbNot TellingIndia2013-03-20 22:59:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a

I should add that this is a matter with emergency timing. If you wait too long, they will have sent the case back to USCIS with a recommendation to revoke, and it will be too late for you to get any consideration from the embassy. Call them today, as much as possible, and don't give up until you're sure there's nothing you can do.


THank u. My fiance received the letter yesterday. I will call them tonight as its morning out there. Hope its not too late.
ntbNot TellingIndia2013-03-20 20:01:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a

I am no expert, however, if your denial was based on lack of bonafide relationship, then getting married and figuring out what went wrong the first time around would help with your next petition. My K1 was denied too in 2011, we married and file 130, no RFE and approved at 10 months. You can check my timeline as we are now at the NVC stage and waiting for a case completion. I am sorry for your denial, but I understand because I have been there. Go get marry after you figure out what went wrong with the first petition. It will just be sent back and will likely expire. Good luck.

THank u for your reply. Do u have to go for an interview even after 130 approval? i'm asking because our I 129 was also approved but the consulate denied the visa. Also do i ask the consulate the details of what was insufficent or do i call USCIS??


ntbNot TellingIndia2013-03-20 19:41:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a
[quote name='duraaraa' timestamp='1363825042' post='6062170']
Try to get in touch with the embassy as soon as possible, before they return it to USCIS. If that fails, it's not going to be easy, unfortunately. India is notorious as one of the hardest countries to have K-1s approved. Get in touch with them ASAP, and plead your case. It's possible they will reconsider (I have seen it in the past) so long as the application was not returned to USCIS already.


Thank you for your reply. Are you familiar with such cases. I will definitely call.What are the chances of our case being reconsidered and on what grounds wil they reconsider?
ntbNot TellingIndia2013-03-20 19:34:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied under Sec 212 A 5a
My fiance's visa was declined under Sec 212 A 5 a. Her interview was at Mumbai in Jan. The CO asked her a few basic questions and when he looked at one of the engagement photos he mentioned to her that it looks like we are getting married. In the end he handed her a 212 g letter which stated that at he moment they needed more paperwork. Since Mumbai is like a 2 night train ride/or a 12 plus hour flight including 4 hr initial harrowing taxi ride from the himalayan foothills and transit stops, we opted to have paperwork delivered at a consulate designated dropoff/ pickup location in Kolkata( which is an overnite train trip). After about 40 plus days since she delivered the necessary documents, she went back yesteday only to be handed the denial letter. According to my online research Sec212 A 5 a is used in cases when they feel the relationship is not legit, even though it falls under work related category. Also during the interview the CO asked my fiance if she was aware that i was previously married and that i had a daughter. I'm surprised as we had also submitted a notarized letter from my ex wife satating her support best wishes for me and my fiance. After the initial I 129 F filing USCIS asked for more evidence.ie 1: marriage termination 2: intent to marry 3: form G325A. 4: requirement that petioner and benefiaciary have met in person.5:Violation of customs. After submitting a ton of documents, receipts, photos, witness letters etc the uscis approved the I 129 F and forwarded it to NVC. I am shocked at this outcome . I don't kknow what i should do. Should i get a lawyer and fight this or should i just get married and file as a spouse. Our lives are on hold.Please HELP!!!
ntbNot TellingIndia2013-03-20 18:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP: what to do with the consulate, EWI or Misrepresentation?

At the time my wife's misrepresentation was under 18, so it will be treated with less penalty?


anzoastonNot TellingChina2013-06-20 17:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP: what to do with the consulate, EWI or Misrepresentation?

Dear forum members, 

 

  Please suggest me what to do now.  My wife went to the Guangzhou consulate for the CR1 interview 2 weeks ago. Nothing much was asked during the interview, so we assume things are fine. After the interview, the CO gave her a blue slip 221.  Here's her story off record.  She came to the US when she was 17 years old with a passport stating that she was 25 and with some other name. My wife went back to China in 2006 with her real passport.  I guess she might get a 10 year bar for overstay.  But now since the CO couldn't find her entry record, would that be the reason for the AP?  And what should I do now?  I already hired an attorney to do the 601 waiver.  I know I can email the Guangzhou consulate, but what to ask them for?

 

Thanks,


It was a B1/B2 Visa on the fake passport.


anzoastonNot TellingChina2013-06-20 15:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)After interview in Guangzhou, only given 601 waiver, would I need 212 as well?

Dear fellow memebers,

 

  My wife went to the interview at Guangzhou last month.  She was given a white slip checked 212(a)(9)(b) unlawfull present in the United States.  On page 2, it was showing the option for I-212 but it was not checked.  As I know, my wife was given the Voluntary Departure but she left U.S 6 months after the expiration date. So should I file the I-212 even I was not told to do so.  Would we get the visa issued after the 601 waiver is approved?  Or the consulate might ask us to file I-212 after the 601 waiver is approved?

 

Thanks,

 

Anston


anzoastonNot TellingChina2013-09-16 20:41:00