Here is our situation:

I am a US citizen and my fiancee is from India. She had a K1 interview last week and was handed a 221g and asked to come back two months later.

The reason for 221g:

We got engaged in Mar 2005.
She had applied for a student Visa (F1) around June 2005. On her DS 156 form at that time she did not mention that she had a fiancee in US. Her F1 was denied due to 'lack of funds' at that time.

Question:

1. Why was she asked to come back after 2 months? What kind of investigation do they carry out meanwhile?
2. Should we get married and apply for spousal visa? Can US refuse visa to a spouse of US citizen?
3. Do we need an Attorney? Can anyone suggest a good one?

Please help!

On the 221(g), there should be something checked, or indicated to show the reason why they gave you a 221(g). Can you ask your fiancé what's on that?

I am looking at the 221g right now and nothing is checked on it. Just new interview date written in blue pen.

zdnh,

Yes, a visa can be refused to the spouse of a US citizen.

A consultation with an immigration attorney is always a good investment, best done before the stuff hits the fan but will still help clean the stuff off the wall if done after.

Yodrak

Why would you have her file a student visa, if she's already engaged to you... ?

That was a mistake... I was a Green card holder at that time and had over a year before I could become a citizen.

So then you were planning to use a student visa for your fiancé because at that point you could not sponsor her?

No the plan was she could study and we could be together at the same time...

But you see.. if you were engaged BEFORE she filed for the student visa, it makes it look like you were using the student visa as a way to get around having to file the fiance visa...

The proper way to do it for your situation is to file for a fiancé visa because you were engaged, and then allow her to study once she is here..

But if you weren't able to do that... USCIS knows... and that's why they're looking into your case.

I understand that (a little too late...), but what happens now! Does anyone know if this is a strong case for denial of visa. If K1 is denied, will the same problem arise during spousal visa?

Well.. about whether it will be denied or not... I am not a consular office nor do I work for USCIS... so I dont want to tell you that... perhaps there is someone else on VJ who has had this or a similiar experience. Please keep us updated on your situation.

I wonder what proof of engagement do they want? Why do you have to say, why did you say that you got engaged in march? Maybe if you said that you got engaged in july or whenever, any time AFTER she applied for student visa, you would not have so much troubles now. Do you really, all of the couples here, have an engagement party and a ring??? In our situation, we met online, we fell in love, we decided to be together because we love each other and we found this K1 visa, we met in person and submitted the petition. No ring, no engagement party, and I dont even know what should I answer when they ask me- WHEN DID YOU BOTH GET ENGAGED?

I had an engagement party as well, that is customary in my fiancés country... however... there's no way that we are going to show those pictures at the interview.. because they will suspect that we got married.

Perhaps there is a way for your fiancé to get a certificate of non-marriage? Was your fiance required to have that before the interview ?

Sorry, iceyspots, what is a certificate of non-marriage and what is it needed for?

When you file a K-1 petition... it depends on your fiancés country of origin... they will recieve a letter in their packet 3 ... with instructions on a list of documents that the beneficiary must attain... included in ours was a certificate of non-marriage (showing that the beneficiary is free to marry).. in french it's called Certificat de célibat... and very easy to attain..

zdnh,

Hope everything will work out for you. I think you should consult an attorney.

May I also ask you to update your timeline

Good luck!

Following up on my earlier posting:

1. Is 'Not mentioning' Fiancee in US on F1 considered to be a serious enough offense to be 'barred for life' for any other Visa?
2. Will getting married now and applying for spouse visa complicate things further?

Your case if she was given a time to come back that is 30 mins to one hour before the embassy opening is for a second interview and will more than likely be with more than one person in attendance. I know of another from Mubai that had this happen. I will say to go in and be honest. Also if you marry now you will complicate matters more. I would await the two months out and see if you have the visa. But any type of visa can be denied if they consider it fradulent no matter the length of marriage or length time you have to shown your being involved.



Not sure of this matter it will depend on what the CO decides and how they issue a ruling.


Good luck,
Mary

Though I am not sure whats involved, you could try asking your question here http://www.lawyers.com/lawyers/A~1001906~L...IANCE+VISA.html
They seem to have lawyers that answer immigration related questions - so you are more likely to get a straight answer - on Visa Journey most people do not understand the complexities of situations like yours and may not be able to help you.
Good luck