Fiancee just got Denied

[WokTheDog 17]

I just talked with my Fiancee, she just had her interview (daughter was there too) and the guy that was interviewing was very judgmental and rude.   He accused her in the end of just wanting to come to the USA to get VISA.  Based on that he said he DENIES her.   She also said he was focusing on a picture Me, her, and a few of her friends at the local disco club.   Kept saying what is this?   Like you shouldn't be in a bar or something.  Basically we all went out because I wanted to meet her friends.  He said I also only came once which he said was a problem, even though we talk everyday since December 2016 on Whatsapp.   I had work obligations that kept me from going a second time.  He also said the age difference was to great (her 26 and me 57).   I don't typically date young girls, but what attracted me to her was her humor and maturity.   I love her child too.  We hit it off immediately.    He told her she will need me to fly back and marry her in the Philippines, then refile as married for a visa.   The thing that really gets me is how rude she said the guy was (in front of her child too).   I never thought they would judge us on how they felt, but more if we satisfied all the criteria.   I'm very disappointed, because I'm thinking This whole thing could take another year, since the K1 took almost a year.   Any thoughts?  

 

Bob

[Unlockable 7,306]

3 minutes ago, WokTheDog said:

I just talked with my Fiancee, she just had her interview (daughter was there too) and the guy that was interviewing was very judgmental and rude.   He accused her in the end of just wanting to come to the USA to get VISA.  Based on that he said he DENIES her.   She also said he was focusing on a picture Me, her, and a few of her friends at the local disco club.   Kept saying what is this?   Like you shouldn't be in a bar or something.  Basically we all went out because I wanted to meet her friends.  He said I also only came once which he said was a problem, even though we talk everyday since December 2016 on Whatsapp.   I had work obligations that kept me from going a second time.  He also said the age difference was to great (her 26 and me 57).   I don't typically date young girls, but what attracted me to her was her humor and maturity.   I love her child too.  We hit it off immediately.    He told her she will need me to fly back and marry her in the Philippines, then refile as married for a visa.   The thing that really gets me is how rude she said the guy was (in front of her child too).   I never thought they would judge us on how they felt, but more if we satisfied all the criteria.   I'm very disappointed, because I'm thinking This whole thing could take another year, since the K1 took almost a year.   Any thoughts?  

 

Bob

I am sorry to hear about the denial. But the above in bold is the mistake you made. Perception of your relationship makes up a large percentage of the decision of an officer. Meeting criteria doesn't tell the whole story. I speak to my coworker everyday so I can say we talk all the time. It does not mean we are best friends.

 

You say you only met once... how long was it for? How long ago was it? 

 

It may be time to invest in more time to visit her. It will be beneficial for the both of you in the long run. She also has a child so that is even more reason to have more in person meetings. Especially since are very protective of how minors who are are about to immigrate. You say you love her child, but it is best to be sure that her child has some sort of feelings for you also. You can then decide what path you would like to take. You can reapply for a K1 or you can eventually get married and file for a CR1.

[WokTheDog 17]

I see what you are saying.   I visited her back in August of 2017 and stayed for 3 weeks.   I wanted to visit again, but projects at work kept me from going.   I am still amazed how rude the guy was.  why couldn't he just say, "I just don't see evidence of a real relationship"   and leave it at that?   My fiancee's child has been crying non stop since the interview.   

 

It looks more and more like I will just have to go back and marry her.    I'm just sick to know that this whole process will take another 10-12 months.

[WokTheDog 17]

I just read somewhere where you can go to the embassy to ask for a review of your case by the embassy's consulate general or a supervisory officer.   Has anyone ever had any luck with that? or wasting my time?

 

Bob

[Boiler 43,628]

22 minutes ago, WokTheDog said:

I just read somewhere where you can go to the embassy to ask for a review of your case by the embassy's consulate general or a supervisory officer.   Has anyone ever had any luck with that? or wasting my time?

 

Bob

Where did you read this?

 

Link?

[WokTheDog 17]

This is where I saw that

 

https://www.marriagevisaattorney.com/k1-fiance-visa-denied-2/

[WokTheDog 17]

She went back to the Embassy and was told to send an email.  Unfortunately it gets routed to the same consular officer that reviewed the case.   hopeless

[Roel 7,191]

Just go there, get married and file for cr1. Can't do anything about that denied k1 right now. 

 

Work or not, spend more time together and provide evidences.  

[bad4tatt 168]

9 hours ago, WokTheDog said:

I see what you are saying.   I visited her back in August of 2017 and stayed for 3 weeks.   I wanted to visit again, but projects at work kept me from going.   I am still amazed how rude the guy was.  why couldn't he just say, "I just don't see evidence of a real relationship"   and leave it at that?   My fiancee's child has been crying non stop since the interview.   

 

It looks more and more like I will just have to go back and marry her.    I'm just sick to know that this whole process will take another 10-12 months.

What some may perceive as rude may just be our insecurities. IO's are not there to have social tea and laugh, they are there to grill you and to report if any red flags come up for fraud. Unfortunately your case throws many red flags not just 1 and yes, the length of time to wait is cruel sometimes.  You may want to regroup and take a different approach. Also, K1 Fiance visas that are denied by USCIS can be appealed. Once denied, USCIS will provide you with a written notice of denial and instructions for filing an appeal. If you chose to file an appeal, you will have 30 days to do so. Unfortunately, filing an appeal is expensive.

 

Good luck to you both.

[geowrian 22,336]

6 hours ago, WokTheDog said:

She went back to the Embassy and was told to send an email.  Unfortunately it gets routed to the same consular officer that reviewed the case.   hopeless

Yes, the same CO is responsible for her case. You can't get a different CO.

Every refusal goes through a review before a final determination and the I-129F being sent back (where it will sit to expire).

 

What evidence of a relationship did you provide with the I-129F? What relationship evidence was brought to the interview?

It's pretty uncommon to be denied due to an age difference, only 1 visit, etc. in the Philippines.

[Crazy Cat 39,411]

I'm sorry to see you were denied. I think your K-1 id dead.  I would advise you to go there, marry her, and file a CR-1.  That process takes 12-15 months from filing to visa in hand. Good Luck..

[Boiler 43,628]

K1's in these circumstances are returned and allowed to die.

 

Pretty rare from PI, even very weak cases seem to pass.

[Ben&Zian 4,397]

11 hours ago, WokTheDog said:

I just talked with my Fiancee, she just had her interview (daughter was there too) and the guy that was interviewing was very judgmental and rude.   He accused her in the end of just wanting to come to the USA to get VISA.  Based on that he said he DENIES her.   She also said he was focusing on a picture Me, her, and a few of her friends at the local disco club.   Kept saying what is this?   Like you shouldn't be in a bar or something.  Basically we all went out because I wanted to meet her friends.  He said I also only came once which he said was a problem, even though we talk everyday since December 2016 on Whatsapp.   I had work obligations that kept me from going a second time.  He also said the age difference was to great (her 26 and me 57).   I don't typically date young girls, but what attracted me to her was her humor and maturity.   I love her child too.  We hit it off immediately.    He told her she will need me to fly back and marry her in the Philippines, then refile as married for a visa.   The thing that really gets me is how rude she said the guy was (in front of her child too).   I never thought they would judge us on how they felt, but more if we satisfied all the criteria.   I'm very disappointed, because I'm thinking This whole thing could take another year, since the K1 took almost a year.   Any thoughts?  

 

Bob

 

There's some more to this story or something the CO saw in the petition before hand when they review. Generally off that info alone they can make a decision. What questions did they ask her?

One trip alone doesn't get denials. We had 7-8 days total one time also because like you, had work obligations (rotated to Africa for work every 2-3 months at a time)

Age difference, doubting that is the issue either especially with her being younger and it being the Philippines. Seen larger age gaps get approved on here.

Also even the photo. Seems more curtain/sly/shady talk than the real reason. 

 

Just getting married and filing for CR-1 doesn't mean same issue won't come back up. Have a good conversation and figure out all the details about the questions asked, answers given. Review information that was given to them for "ongoing relationship" stuff. They do really read through even some of the text messages, we got asked about a couple things in them even. Have a really good sit down and figure it out.

[Russ&Caro 1,548]

Is this the first time your fiancee has filed for immigration benefits?

[chi6488 93]

From the inside we personally feel all is well but I have seen pictures of fake arrangements and you can tell there is no love there at all.  Maybe the OP has emotions and feelings but the other person might not show it well in pictures and then add in the age difference and maybe that is why the CO questioned your fiance's integrity

 

The COs do this on a daily basis and question a lot of people.  They have plenty of experience.

Edited June 5, 2018 by chi6488