Please Help K-1 visa trouble

[Dajj 0]

Wow don't even know where I should start.... I'm a US citizen filed the K-1 petition last October for my fiance and since I'm of Indian descent it was arranged between the families of my fiance and I that we should marry (with our consent of course). I filed it without seeing her as it is our tradition and wanted to bring her here so we can have the wedding here in NY because my mom is very sick and can not travel. The USCIS sent it back with an REF asking for more evidence and we sent them letters etc and after seeing the evidence thank God they then APPROVED it. She received her interview date and time in India, went for it with all her documents that she needed and they interviewed (grilled) her for like 4 hours or so and took all her certificates and work documents but not her passport and sent her home saying further investigation. Finally after 3 months or after the interview date and after several emails to the consulate in India(Bangalore) they sent the case back to the USCIS for possible revocation????? It's been about a month since they have sent it back to the US and we haven't heard anything???? We sent many letters from my moms doctors etc church pastor etc ... WHAT should we do please help!!!

[Gary and Alla 3,694]

Wow don't even know where I should start.... I'm a US citizen filed the K-1 petition last October for my fiance and since I'm of Indian descent it was arranged between the families of my fiance and I that we should marry (with our consent of course). I filed it without seeing her as it is our tradition and wanted to bring her here so we can have the wedding here in NY because my mom is very sick and can not travel. The USCIS sent it back with an REF asking for more evidence and we sent them letters etc and after seeing the evidence thank God they then APPROVED it. She received her interview date and time in India, went for it with all her documents that she needed and they interviewed (grilled) her for like 4 hours or so and took all her certificates and work documents but not her passport and sent her home saying further investigation. Finally after 3 months or after the interview date and after several emails to the consulate in India(Bangalore) they sent the case back to the USCIS for possible revocation????? It's been about a month since they have sent it back to the US and we haven't heard anything???? We sent many letters from my moms doctors etc church pastor etc ... WHAT should we do please help!!!

You no doubt are being reviewed for rejection for not having met in person. Seems like USCIS let that one slip by, unless you specifically requested and were granted a waiver (I doubt it) You religion would have to strictly proscribe the couple ever being together in person. This does not mean having sex, this means being in the same palce at the same time, even supervised. Are you saying your religion forbids you from ever seeing your fiancee in person before the wedding?

If this is the case, your visa will be denied. You can go and meet your fiancee, then refile. Or go and marry her and file for a CR-1

[Penguin_ie 5,985]

Normally, you MUST meet within 2 years before filing the K1. You would be able to appeal the revocation on religious grounds, but you'd need very very strong proof that you absolutely cannot meet before the wedding in your culture/ religion. Personally, I only know of one case that has been approved for this exception, so it will be an uphill battle for you. Good luck!

[Dajj 0]

Thanks Guys!! It's really our strict tradition to not meet in person before the wedding. It was done like that with my parents as with their parents. The only thing that puzzles me is that they approved it here in the US and then my fiance had her interview in India and over there they said further investigation.... and then sent it back here. Now we're in Limbo and wasting time waiting to hear from them. They're not even denying it .. we're jus waiting and waiting it's been 1 year and a month since I filed petition. I would even consider going to India and getting married but really wanted it here so my mom could be there as well since she's very sick and can't travel. I mean is that even an option while this is still pending???

[sara..... 371]

Thanks Guys!! It's really our strict tradition to not meet in person before the wedding. It was done like that with my parents as with their parents. The only thing that puzzles me is that they approved it here in the US and then my fiance had her interview in India and over there they said further investigation.... and then sent it back here. Now we're in Limbo and wasting time waiting to hear from them. They're not even denying it .. we're jus waiting and waiting it's been 1 year and a month since I filed petition. I would even consider going to India and getting married but really wanted it here so my mom could be there as well since she's very sick and can't travel. I mean is that even an option while this is still pending???

unfortunately immigration from what i have seen does not accept religion as reason for not meeting in person....we are muslim and met with supervision im pretty sure that most religions will allow even a five minute meeting with supervision.......now if u go over and marry her u then have the burden of proving a on going relationship..........it might be better to fly there and meet with her one time to show proof of meeting it sounds at least to me like that was their issue with the visa application.....getting ur petition passed here in the USA does not mean that the embassy will give a visa to you with out the one requirement that mostly from what i have seen in two years time even bad health can not get u out of

just my opinion

sara

Edited November 2, 2009 by estadia

[Gary and Alla 3,694]

Thanks Guys!! It's really our strict tradition to not meet in person before the wedding. It was done like that with my parents as with their parents. The only thing that puzzles me is that they approved it here in the US and then my fiance had her interview in India and over there they said further investigation.... and then sent it back here. Now we're in Limbo and wasting time waiting to hear from them. They're not even denying it .. we're jus waiting and waiting it's been 1 year and a month since I filed petition. I would even consider going to India and getting married but really wanted it here so my mom could be there as well since she's very sick and can't travel. I mean is that even an option while this is still pending???

USCIS made a mistake, the consualte caught it and sent it back. No mystery. Mistakes do not entitle you to circumvent the rules. Understand this...if you choose to appeal this on religious grounds, you need to have very strong evidence that meeting in person, even for the very brief period required (posing for a photo together would be sufficient, you do not even have to touch her or even look at her, for that matter you could be BLINDFOLDED but it may be difficult to identify you.) is forbidden by your religion and is strictly followed by your family and you. This procedure for an appeal can take months or even years. On the other hand, meeting in person and re-filing would be much faster. You just need to decide. If it is truly your religious conviction not to meet, then you should be willing to subject yourselves to months and months of dealy to prove your case.

Good luck