K1-Visa sent back to USCIS after Interview

[needvisainfo 0]

All,

My fiance in India went for her K-1 visa interview and after the interview she received a letter from the CO. The letter was not a G221 letter or a denial letter instead it said something below.
Based on the interview, we have returned the petition to USCIS for further review and possible revocation. If CO receives information during the interview process that was not received by the adjudication USCIS officer at the time the petition was approved and such information indicates that the beneficiary is not entitiled to the accorded status then the petition must be returned to USCIS for re-examination. This petition is sent back to USCIS as the beneficiary failed to convince the CO with sufficient evidence that establishes a required and valid relationship.or the petition was invalid for another legal reason.

USCIS will contact the petitioner with regards to the same.

When the application was filed we failed to provide pictures of our engagement as I was running short of time for my initial trip to India. Thus our K1 package that was sent to USCIS didn't have many pictures of our engagement. Eventually, when i got some time from work, I went back to India, and took many pictures which was done after the initial package was sent to USCIS . The beneficiary took those pictures with her to the interview to prove that we are indeed in genuine relationship. The beneficiary and I are indeed in a very strong, true and genuine and bonafide relationship. She wants to spend the rest of her life with me and so do I.

I am in AP status presently. The CO returned the pictures and passport. Also, the beneficiary status shows that the passport is with US consulate.

Questions:

What does this letter mean? Has anyone received a similar letter? What was the outcome? Has my K-1 visa denied? What other information would they require? Shall i get married to her in India and file a D-130? Has anyone received a letter like this? How long would the review take? Shall i hire an attorney?

Please any help will be greatly appreciated.

Edited February 7, 2016 by needvisainfo

[Ebunoluwa 6,136]

Your petition has been or will be returned as indicated.

USCIS will NOT review the petition and will let it expire and send you a letter after 6-8 months that you can re file.

No attorney needed, he can't change anything, save your money and either re file a K1 or marry and file CR1.

Front load your next petition with quality evidence to convince the CO that you are a bona fide couple. That burden of proof rests on you

and should never be taken lightly. USCIS won't care about a front loaded petition but the CO will have seen all evidence in your file before

you even step in for your interview.

Do you have any red flags, previous filed petitions (petitioner or beneficiary) ? DV or B2 applications ?

What were the questions they harped on and what exactly word for word was said during the interview ?
Fix what they didn't like.
Good luck for the next round.

[needvisainfo 0]

Your petition has been or will be returned as indicated.

USCIS will NOT review the petition and will let it expire and send you a letter after 6-8 months that you can re file.

No attorney needed, he can't change anything, save your money and either re file a K1 or marry and file CR1.

Front load your next petition with quality evidence to convince the CO that you are a bona fide couple. That burden of proof rests on you

and should never be taken lightly. USCIS won't care about a front loaded petition but the CO will have seen all evidence in your file before

you even step in for your interview.

Do you have any red flags, previous filed petitions (petitioner or beneficiary) ? DV or B2 applications ?

What were the questions they harped on and what exactly word for word was said during the interview ?

Fix what they didn't like.

Good luck for the next round.

The CO asked more about violence against women questions and other questions that specifically included weather the fiance spent the night with me. She responded yes we travelled around in the country and we spent the night toegether. Next question was are your parents cool about it.. she said yes.. The CO went back and returned in 10 mins and gave that letter. The beneficiary asked what shall she do next.. The CO replied something R1.. the beneficiary didnt hear her clearly and then said consult an attorney. I do not have any previous red flags or any previous filed petitions (petition or beneficiary) or any DV or B2 applications. Can i reapply while i am in AP status? Shall i go to India and get married to her using CR1? Please advise.

Edited February 8, 2016 by needvisainfo

[Ebunoluwa 6,136]

Any domestic violence charges in your history ?

If you are 100% certain that your petition was returned ( you can get a senator to confirm that for you, have him request the diplomatic pouch number

it was returned in which would confirm it) then yes you can go and get married and file your CR1 as the CO suggested.

If the petition has been returned then the online ceac AP status may change to refused / returned or remain as AP.
There are different kinds of AP. AP for security and background checks while your case is still active and AP for the process of returning a petition, it's all administrative processing.

So again confirm it has been returned with pouch number and date then marry and file.

[needvisainfo 0]

Any domestic violence charges in your history ?

If you are 100% certain that your petition was returned ( you can get a senator to confirm that for you, have him request the diplomatic pouch number

it was returned in which would confirm it) then yes you can go and get married and file your CR1 as the CO suggested.

If the petition has been returned then the online ceac AP status may change to refused / returned or remain as AP.

There are different kinds of AP. AP for security and background checks while your case is still active and AP for the process of returning a petition, it's all administrative processing.

So again confirm it has been returned with pouch number and date then marry and file.

My past record is absolutely clean. I do not have any domestic violence charges in my past history or anything of that sort. The AP that shows currently is as follows. I will reach out to a senator to confirm. Does this AP give any indication? Is it more generic? Please advise?

Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days. Under the U.S. Immigration and Nationality Act, Immigrant Visas for "Diversity Visas" cannot be issued after September 30th of the year in which you were selected to apply for a Diversity Visa. For example, entrants into the Diversity Visa Program in Fall of 2011 were selected for Diversity Visa 2012 Program, and selectees MUST apply and receive their visa prior to September 30, 2012 otherwise they lose eligibility to receive a Diversity Immigrant Visa, regardless of additional administrative processing. In addition, please note that some immigrant visas may not be able to be issued if the annual numerical limit for that category has been reached.

[Ebunoluwa 6,136]

It is generic if you were told they refused the visa and are returning it. That's why it's important to confirm the return. In rare instances a CO would say he is returning it but then change his mind and do AP for security and background checks and then of course you want to wait out the process and not marry and re file. From what you posted I am sure it is being returned so confirm that and then you know what AP they were talking about in hind sight.

[tomyka81 95]

Is it culturally acceptable for an unmarried woman to spend the night with any man who is not her father or brother in India?

[Ebunoluwa 6,136]

Is it culturally acceptable for an unmarried woman to spend the night with any man who is not her father or brother in India?

While a lot of customs are relevant to the immigration process,that does not concern the consulate. What concerns them is the other way around, if cultural custom prevents them from being in the same house, then that needs to be proven by the applicant.

[needvisainfo 0]

First of I am not just any man... I am her fiance that concludes the beginning of a binafide relationship. To answer your question.. India is indeed a Democratic country with democratic principles and values thus it is at the discretion of a woman to choose to spend the night with a man as long as both agree to it culturally as well as traditionally with consent.once we had the blessings of our parents we were free to live like a couple. We are not married and neither we have any intent to commit fraud of any sort not am I inviting my fiance just with the sole purpose of coming to USA. We have plans on a proper marriage in USA within 90 days or arrival and plan on spending the rest of our lives together. Hope that answers the question.

[tomyka81 95]

While a lot of customs are relevant to the immigration process,that does not concern the consulate. What concerns them is the other way around, if cultural custom prevents them from being in the same house, then that needs to be proven by the applicant.

I think we are saying the same thing just differently. I asked it as a question. Is it acceptable for him and her to spend the night together as a generalized norm.