Visa Denied

[Gene & Susan 1]

My fiancee is from Kenya. We got approved for K-1 visa, Vermont Service Center. Filed late October, got approved in February, she went for her interview last week, was told to come back today with more evidence. I sent both FedEx and PDF documents for her to print out there in Kenya 190 pages of proof of continuing relationship since we got engaged. She just got out of second interview today 1 pm. VISA DENIED. The interviewer was saying her story and my story didn't match up. WHAT TO DO. I AM AT WITS END. We love each other.

[DedicatedWife 4]

So sorry to hear this. Don't give up. VJ is full of advice and experiences...I'm sure someone will come along and can tell you exactly what they went through in a similar situation. I'm sure its not the end for you. Best of luck to you and yours.

[Bernie C 24]

You need to find out what the issues were so you can address them.

Need to know exactly what form she was given and exactly what it says.

Have you discussd the interview with her, what questions were asked, how she answered? It would appear that there must have been discrepancies in the information and how she responded but that is only speculation.

If the visa application was denied and the petition is being sent back to USCIS the process can be very lengthy with no gaurantees.

May be time to consider getting married and filing for CR-1.

I dont have any experience with appeals and the process but others here should be able to give you some better info based on their experiences.

[TracyTN 237]

Moving thread from K1 process forum to consular forum - hopefully will receive better answers there.

[NigeriaorBust 4,087]

Something was "wrong" in her answers. Have her write down everything she was asked and how she answered it and see if she either contradicted herself of said something out of line with what you presented. There is something that made them reject it and it was probably between what she said at the interview(s) and what you submitted.

You can file a new K1 and address they embassy's doubts you just have to identify them

[HeatDeath 430]

Many consulates have an unspoken rule that says "It doesn't matter what documentation we see, or even what documentation we ask for. if the USC isn't present at the interview, we will find an excuse to deny. And no, we are not telling them this in advance." Whatever you end up doing, I would recommend in the strongest possible terms that you be present in Kenya at the next interview.

Edited April 6, 2010 by HeatDeath

[Gene & Susan 1]

I just can't see how something could be "wrong" in her answers. Maybe my fiancee was nervous, or something, I just don't know, but the form they gave her had the box checked "Failure to establish a bona-fide relationship" Which I just can't see with all the 190 pages of documentation I sent her, plus the romantic cards, moneygram receipts, portraits of me, album of photos of her and me. I was approved here in the USA, dang it. I love her. She loves me. She can tell you the names of my parents, (who are deceased) the names of my adult children, the address where I live, my age, birthdate, etc. from memory...I just can't see what they want that she can't provide.

A previous response above said that some Embassys have an unspoken rule that the USC has to be present for visa to be approved. Well my fiancees sister and best friend were approved in the last few years at the same embassy without their USC fiance being present.

I just wonder if it is because I have done this before, back in 2002, then married, and then eventually she divorced me (in 2009) but she was never out of status, and eventually became a citizen a couple of years before she left me. I know legally I could apply, and it had been long enough to not have to request an exception...and I WAS approved.

Edited April 6, 2010 by gene mccluney

[sachinky 464]

What were the questions asked?

What were the answers given?

Are there any red flags in your case? Prior marriages, short online courtship? Large age difference?

Seems like something didn't add up with the documentation provided and the answers given.

What does the denial slip say?

How to proceed will depend on your service center.

Edited April 6, 2010 by sachinky

[Gene & Susan 1]

What were the questions asked?

What were the answers given?

Are there any red flags in your case? Prior marriages, short online courtship? Large age difference?

Seems like something didn't add up with the documentation provided and the answers given.

What does the denial slip say?

How to proceed will depend on your service center.

I don't know what the questions were, I am having my fiancee try to remember them and send to me in an email.

I have had 3 prior marriages, I provided certified divorce decrees..my fiancee and I started communicating

in August of 2009, I went to Kenya mid-October of 2009, got engaged then, came back and filed for K 1, which

was approved.

See my previous post for content of denial slip.

The age difference is 25 years, she is 34, I am 59 and this is quite normal in Kenya, women prefer older men,

and in fact her sister married an older US citizen, with the same age spread, and her best friend married a

US citizen with a 29 year age spread. No, I don't think age is it.

[pushbrk 12,115]

My fiancee is from Kenya. We got approved for K-1 visa, Vermont Service Center. Filed late October, got approved in February, she went for her interview last week, was told to come back today with more evidence. I sent both FedEx and PDF documents for her to print out there in Kenya 190 pages of proof of continuing relationship since we got engaged. She just got out of second interview today 1 pm. VISA DENIED. The interviewer was saying her story and my story didn't match up. WHAT TO DO. I AM AT WITS END. We love each other.

What is it about your stories that didn't match up and why?

[Gene & Susan 1]

What is it about your stories that didn't match up and why?

I don't have a clue yet. She will be emailing me. There is no reason to think there would

be anything that wouldn't match up.

[DanielParul 50]

I don't know what the questions were, I am having my fiancee try to remember them and send to me in an email.

I have had 3 prior marriages, I provided certified divorce decrees..my fiancee and I started communicating

in August of 2009, I went to Kenya mid-October of 2009, got engaged then, came back and filed for K 1, which

was approved.

See my previous post for content of denial slip.

The age difference is 25 years, she is 34, I am 59 and this is quite normal in Kenya, women prefer older men,

and in fact her sister married an older US citizen, with the same age spread, and her best friend married a

US citizen with a 29 year age spread. No, I don't think age is it.

Depending on the Country, 3 prior marriages can be a redflag (not saying, it was in your case, would be considered in India, for example). Were any prior marriages to non USCs?

Another could be your timeline - as recent as met in august 2009 and 1 visit only, again depends on the Consulate.

The approval of your petition at USCIS has nothing to do with the interview approval. As long as you meet criteria of having met each other once in past 2 yrs, both of you are legally free to marry, USCIS will approve, provided there are no other reasons to deny.

Its at the interview stage that the COs check for bonafides and ongoing relationship. Right now, we are all speculating. We need to know the questions and answers and where she faltered.

[lib2008 0]

I am sorry to hear about your denial.

get a good immigration lawyer before the case is sent back to the USCIS and find out exactly whey they denied you.

if the lawyer is good they might be able to get you a second interview.

once the case is sent back, you will have to wait along time before USCIS contacts you and gives a chance to prove your case again. my wife had her interview in Nairobi,kenya on 8/18/08 and the case was sent back to US and we didn't hear from USCIS until March of 2009.

good luck

[SunDrop 59]

At at guess, I would say your quick courtship and engagement is possibly the issue. Add to that fact you have a previous immigrant marriage.

What is culturally the norm in Kenya when it comes to evolution of relationship? Fine, age difference isn't an issue, but would they expect several visits, family approval? Do they, as they do in Nigeria, ever do home visits, interview neighbours, etc.

Knowing your deceased parents' and children's names isn't proof of anything, except that she has a good memory, unfortunately.

Technically, the visa wasn't approved in October, your petition was. Petition approval does not mean visa approval. All it means is that you met the criteria for the petition you applied for, in your case a K-1. The only requirements for this is that you have met in person in the past 2 years and that you are both legally free to marry.

Until you get that interview account, you're really guessing about what it was that gave them grounds to deny.n Keep us updated, as I'm sure you will.

[katie & sifa 25]

Not much to add as to what to do about the denial, just wanted to say sorry that this happened to you. I have a feeling they must have been suspicious before she ever walked in the door because at my fiance's interview in Nairobi the CO asked to see pictures of us together and that was the only evidence of relationship that was looked at. I would guess that everyone else's speculation is probably the root of the problem (probably the short courtship, but difficult to say with certainty of course.)

As a side note, when she does go back for another interview I highly recommend going along if at all possible. I got to go right up to the window with my fiance & I think it really helped. Good luck - I hope you can get it sorted & get to be with her soon!