Jump to content
Sign in to follow this  
Dajj

Please Help K-1 visa trouble

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: India
Timeline

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!!!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline
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


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

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!


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: India
Timeline

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???

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
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 by estadia

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline
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


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...