K-1 visa rejected.. feeling awful :-(

[Tim/Mav 305]

I am so very sorry to hear this. So you are saying that the two of you have not met in person since 2009? That is the problem if that is the situation. You must have met in person within the previous two years....I am almost certain this is correct.

Good luck and GOD Bless

Aloha Ke Akua

I have to disagree with this. A K-1 Visa Petiton requires you have met in person within 2 years before filing the 129-F. Each Consulate is different but still a US Embassy. The requirement is not you seen eachother in 2 years. It may make it hard but they want to see proof of continuing relationship and still free to marry for a K-1. If you can state that wrong let me know.

[dwheels76 5,459]

My fiance had his interview today. And he was given below letter. We both feel awful. After waiting for 13 months and putting so much time and effort into this process, we got this letter. Does anyone know what we need to do next?

Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination.

I am truly sorry to hear of your denial. And return of your petition.

There's really nothing you can do. You hav eno timeline so have no idea what service center. If it goes back to CSC they will more than likely just let it expire.

If VSC probably same. If you search this site you will find very very few folks who were reaffirms on a K1. So most marry and refile using I-130.

However I caution you to find out exactly what the denial was about. Go over every question asked and the focus of the CO. Usually they are focused on a certain thing.

Look at all your red flags and how it looks with your culture. Also why not a consultation with a lawyer get some tips and direction.

[David & Diana R 1,005]

I have to disagree with this. A K-1 Visa Petiton requires you have met in person within 2 years before filing the 129-F. Each Consulate is different but still a US Embassy. The requirement is not you seen eachother in 2 years. It may make it hard but they want to see proof of continuing relationship and still free to marry for a K-1. If you can state that wrong let me know.

Edited August 19, 2013 by David & Zoila

[Tim/Mav 305]

Isn't that exactly what I said? Acording to what they wrote they have not met in person since 2009. That's way over two years... You disagree with that? You think they don't have to meet within two years? I am confused now. Of course there could be other reasons but they have been denied but the last meeting in person in 2009 stands out to me.

Aloha Ke Akua

That depends. It is unclear. Did they File less than 2 years after meeting. If not then its a dead case. In 2009 did they meet and file?

[David & Diana R 1,005]

That depends. It is unclear. Did they File less than 2 years after meeting. If not then its a dead case. In 2009 did they meet and file?

I was responding to Sutherland here.....

That depends. It is unclear. Did they File less than 2 years after meeting. If not then its a dead case. In 2009 did they meet and file?

I was responding to another poster here....Sutherlan. She made it pretty clear that they had met back in 2009 if you read her post.

[Tim/Mav 305]

Sutherland shoud start a separate post/topic.

[David & Diana R 1,005]

Sutherland shoud start a separate post/topic.

I know and I agree. It got confusing for me also. I apologize if I also confused you too. Anyways God Bless and Aloha

Aloha Ke Akua

Edited August 20, 2013 by David & Zoila

[Tim/Mav 305]

I know and I agree. It got cunfusing for me also. I apologize if I also confused you too. Anyways God Bless and loha

Aloha Ke Akua

I agree also. We just try and help. We don't know everything. We only know what we think we know. I'm Guilty of that too.

Sometimes my advise is OK and sometimes ??? Well, you know what I mean. I want you to know. Your Input is what is asked for and opinions my alway differ. But it gives the OP a chance to look and help make decisions. Any member who has been here awhile knows I will say/state anything. Gets me Banned sometimes as well. Never stop giving input and post.

[Ebunoluwa 6,136]

My fiance had his interview today. And he was given below letter. We both feel awful. After waiting for 13 months and putting so much time and effort into this process, we got this letter. Does anyone know what we need to do next?

Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination.

Your service center will not review it but will let it expire. Look for a USCIS letter stating that you can refile, the letter usually gets send in 6 months or so after they receive your returned case.

Sounds like they discovered something they didn't like after your 13 months AP, unless they also use this wording for the blanket "for immigration purposes only" refusal, check in your regional forum if "blanket" refusals contain the same wording.

In other words they do not believe you have a genuine relationship.

However given this letter the way it is written I would advice filing a FOIA to find out what they consider new information.

Try to get your senator to inquire what exactly the reason for refusal was, they may or may not let him know.

Email the embassy, see what they say. Call if they answer.

Post your entire letter here (with personal info such as name and case number deleted)so we can go over it with a fine tooth comb and perhaps see something you are not seeing.

At this time I don't feel comfortable to advice you to marry and refile until more light is shed on the reason they refused to approve,

the specific wording of the letter concerns me. If you marry and refile you may face the same hurdle again whatever that may be.

If they don't believe you are a bona fide couple and that is the only obstacle, marrying with a damn good front loaded petition

will help overcome that. It goes beyond saying and it is understood that you have the evidence to back your bona fide relationship up.

If perhaps your fiance has applied for a previous B2 or other visa type and this was not disclosed on the forms of your current petition (or

other info pertaining to it) and they found out by cross checking data then that will be a problem.

So...the question here to contemplate is : What info did they find that was not known to USCIS ? That is step number one for you to search out.

[MGAF 1]

Your service center will not review it but will let it expire. Look for a USCIS letter stating that you can refile, the letter usually gets send in 6 months or so after they receive your returned case.

Sounds like they discovered something they didn't like after your 13 months AP, unless they also use this wording for the blanket "for immigration purposes only" refusal, check in your regional forum if "blanket" refusals contain the same wording.

In other words they do not believe you have a genuine relationship.

However given this letter the way it is written I would advice filing a FOIA to find out what they consider new information.

Try to get your senator to inquire what exactly the reason for refusal was, they may or may not let him know.

Email the embassy, see what they say. Call if they answer.

Post your entire letter here (with personal info such as name and case number deleted)so we can go over it with a fine tooth comb and perhaps see something you are not seeing.

At this time I don't feel comfortable to advice you to marry and refile until more light is shed on the reason they refused to approve,

the specific wording of the letter concerns me. If you marry and refile you may face the same hurdle again whatever that may be.

If they don't believe you are a bona fide couple and that is the only obstacle, marrying with a damn good front loaded petition

will help overcome that. It goes beyond saying and it is understood that you have the evidence to back your bona fide relationship up.

If perhaps your fiance has applied for a previous B2 or other visa type and this was not disclosed on the forms of your current petition (or

other info pertaining to it) and they found out by cross checking data then that will be a problem.

So...the question here to contemplate is : What info did they find that was not known to USCIS ? That is step number one for you to search out.

Here is the letter that was given to my fiance.

Edited August 20, 2013 by MGAF

[mounir412 101]

Sorry to hear that

[Shirley& Dan2 9]

Sorry to hear that OP. Were there any red flags in your case (age difference, religious difference, recent divorce, family does not approve etc)? Did they concentrate on any particular aspect of your relationship at the interview? You can fight the denial, or you can withdraw the app and try again (possibly getting married first and do a spousal visa), but it depends on why you were actually d

my husband and i applying for cr 1 visa,im confused if the divorce can affect the approval..we met august but that time he 3 years separated to his wife..but they are not yet divorce becuase his reason is his he dont want to pay for the divorce becuase his wife is the one who make messed..so they are legally separated..he visited me two times then third visit thats the time we got married..but he just got his divorce decree last november then we got married january..?you think it can affect for our aplication?thank you very much..

[Joaozinho 15]

I think there are one or two posters here who should make their own topic. It gets really confusing. Also, it will help you more to do so.

Sutherland and Shirley& Dan2.

However to the OP, I suggest you contact your senator or representative to see if they can inquire about your denial. From what I've read on VJ, the service centers will surely let it expire, so act fast and I sincerely wish you the best!

[del-2-5-2014 1,339]

It's a sucky feeling for sure.

Good luck on your next steps.

[Boiler 43,401]

As Toyah said:

Its a Mystery