Fiace Refused For Reason of "Other"

[Joshua89130 0]

I applied for a fiance visa in January 2010. She was interviewed at the consulate in Casablanca Morocco in April. I went to Casablanca in hopes of bringing my fiance to the United States upon her approval for the fiance visa. After waiting outside the consulate for five hours, she came out and showed me a refusal form the consulate gave her. The refusal form only says the fiance visa was refused for the reason of "Other." I asked my fiance what they had said to her. She said that they never told her why. Because I was in Morocco with her, I went to the font desk at the consulate and asked for an explination as to why they refused it. They gave me the runaround several times. That day I went in and out of the consulate five times. I still never got an answer as to what other was. Two days later, I again appeared at the consulate. Finally I spoke with someone who said he was at the interview. He said that based on the answers she gave at the interveiw that they felt she did not know me well enough. The man at the consulate also suggested that she work on her English skills more. After several months of reflection, neither of these answers seem valid to me.

If I could do it all over, I would have asked a lot more questions at the consulate.

Now it's been over four months since her interview. I still do not have a written reason why the fiance visa was refused. USCIS has the application for the visa. They are saying that they recieved it back from the National Visa Center on July 14th. They say that it will take an average of 180 days from that date for them to reach a decision.

In the last email I recieved from USCIS it reads, "At this time, the I-129F petition is not denied. Currently, the petition is under review and it is estimated that these cases are taking approximately six months for processing; however, an exact timeframe may not be provided, nor may we release the reasons for return by the NVC until a thorough review has been completed. At that time, we will notify your constituent of our findings and what actions are available to them in response, if any. I cannot tell you if a response will definitely be requested from your constituent because this petition is still under review. Until the review has been completed, I cannot provide any more details concerning the reasons for return by the NVC"

What I'm wondering is it a waste of time to wait any longer? Should I just go marry her? Or will they really consider interviewing her again? I want to do whatever it takes to get her into the United States so that I can be with her. What is going to be the best way now? The fiance visa was never denied.

I've asked several people and talked to three immigration lawyers. None of them have any experience with seeing a fiance visa refused for the reason of "Other." Should I just wait and see what USCIS does next? What is the likelyhood that they interview her again and how soon will it be?

Please help,

Joshua

[Hadiza 1]

I think you should go and marry her in my opinion.....

[Lucy NY 1]

If you marry her, you will still have to apply for the K3 visa if she wants to move to the states in which she will have to interviewed again anyway and they will flag up her K1 process I would imagine.

I think your best bet, even as hard as it is ( and very crappy) that you wait to see what USCIS say after they have finished, then make a decision.

Best of luck and hope we hear some good news soon

Lucy x

[sara..... 371]

If you marry her with out understanding what the real objection was to the k-1 visa...you will pretty much be in the dark as to what to do to over come the objection so that it does not come back to bite you in the backside on a marriage visa.

just my opinion

sara

[NigeriaorBust 4,087]

If you have a K1 you are probably toast. Most K1's will sit about for a bit and then they tell you it was expired and you are free to refile. You can file a new K1 right now , state that you assume the first one is expired and front load the new one.

Edited September 1, 2010 by NigeriaorBust

[*julez* 124]

A few years ago there was a member brnidokie (or something like that) who had her fiance's visa denied through Casa. She went and married him and the subsequent marriage based visa was approved. There is no longer a K3 visa, so you have to file for a CR-1, which does take a bit longer, but comes with a 2 year green card, so no AOS would be necessary.

[New Beginnings 32]

A few years ago there was a member brnidokie (or something like that) who had her fiance's visa denied through Casa. She went and married him and the subsequent marriage based visa was approved. There is no longer a K3 visa, so you have to file for a CR-1, which does take a bit longer, but comes with a 2 year green card, so no AOS would be necessary.

That all sounds very easy. But without knowing the reasons for refusal or sending the petition because it's not wise to think that marrying her will fix the problem. If you want to marry her, by all means marry her, but don't expect that to solve the issues.

[baron555 934]

He said that based on the answers she gave at the interveiw that they felt she did not know me well enough. The man at the consulate also suggested that she work on her English skills more

I would definately be working on these "issues" so that if another interview is required she can ace it.

[moroccogirlny 100]

Morocco has a high rate of fraud. They don't have to give you any reason for denial. Try to figure out your red flags. Do you have a large age gap, different religion... are you muslim?, different cultural backgrounds, how long have you known each other, filing after only meeting once, meeting online, meeting her family, her language communication with you...so many possibilities. You can re-file a k1 or get married but you must address the issues of the 1st case.

[Alan-and-Ira 1]

We were in your shoes, friend, and we did decide to get married... But before filing again try to find the reason why the petition was refused. In our case we just compared the only THREE questions I was asked at the interview with our I-129F, and we did find what was supposingly wrong... It was IMBRA and the Qs.18 and 19. Well, The I-130 does not include those very questions, so we just submitted an extract on the ONLY e-mail we got about 221(g) and we did provide them with the number of our previous petition... We just passed the NVC with our I-130 and are currently waiting on the interview date to be assigned. Meantime we are going through all the possible questions we can be asked at our new interview, and I wouldalso like to mention that we never got a NOID or RFE for our new petition... And also I do have to admit that that denial eventually IMPROVED our relationship, and it gave my parents a chance to personally be present at our wedding, which was my dream! Id we had gone the K1 route, my parents would have never had a chance to attend the wedding due to the visa process and some other factor. So, try to find something good in your situation and cheer up - the Sun is still shining and life is good! And you two do love each other! :-) God Bless you!

[thongd4me 69]

I'll have to ask my Italian friend Massimo what "fiace" means but fiancée is a female & fiancé is a male that you intend to marry.

Administrative review is some kind of hell on earth.

Good answers from the VJ members that had been there, done that.

[daghi 0]

Hi everyone ,

iam here asking , refuse as other what does that means ,

if there is some document missed should they ask for it , so to be clear , why they let poeple just in darkness and many question in their head ,

i have been at consulat made interview after many question they asked me for photo album , and i gave them what they asked for , but they gave me back passport and told me we will call you for another interview , after they called me i was there at time , i was thinking i will have another interview then i surprised by refuse paper , i asked why , the answer , because we think you want just to be in us , so i want to be there to marry my fiance that why i was at consulat ,

the refuse was X in other , nothings clear , please , some can help in this , and how much take to answer back , thank you