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Help...Passport kept after interview (told "not eligible for K-1") - New Delhi

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Filed: K-1 Visa Country: India
Timeline

My fiance just had his k1 visa interview at New Delhi. He had a really weird experience. BTW, he was interviewed by a chinese man..Interview lasted less than 5 minutes.

He was asked the following questions:

1. How do you communicate with her?

2. Where does she work?

3. How did you meet?

4. Who is her fiance?

Then my fiance was told, "you are not eligible for the k1 visa" .

My fiance was shocked and he asked if he would get his passport back and was told he would receive it in 2-3 days..

The consular officer did not even look at the additional photos, emails, and letter from me that he had with him.

He was not given any slips at all. Do they give you a slip or just give you a verbal denial?

Does anyone know what to do next?

We called VFS and we both were told not to worry that they only keep the passport if the visa has been approved.

But it was such a strange interview...

We both assumed there would be red flags for the following reasons:

- i am 37 and he is 28

- He was hindu but converted to christianity for me

- He is indian and i am native american

- his family does not know he is marrying me.

- we did not have an engagement ceremony and he hasn't yet bought me the ring (financial reasons).

As proof of our relationship - (we met on bharatmatrimony.com)

I had sent him a letter from my mom stating her approval and also an email from my pastor stating he would marry us but would require us to do premarital counseling. He also included about 100 emails, tons of phone bills and skype phone bills, photos etc.

We met Nov. 2009 and I met him in May 2010 in India.

ANY SUGGESTIONS ON THIS? HAS ANYONE EVER BEEN DENIED WHO HAD THEIR PASSPORT KEPT BY THE CONSULAR OFFICER??

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Filed: K-3 Visa Country: Nigeria
Timeline

Hi. Yeah it appears very odd, but they only keep your passport if they have considered to approve it. Just wait to see if you get passport in 2-3 days before you panic, if nothing then after 5 days you should have a visa. Good Luck!

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Filed: K-1 Visa Country: Philippines
Timeline

I am sure your fiance answered all the questions correctly?

3.gif

"The perfection/respect/credibility of a man decreases by the number of marriages he has had and by the number of kids he has outside his current marriage. ", Quote by Bite YourDust
  • Met on yahoo chat through a friend.
  • April 2010 - Decided to meet in person
  • 06.01.2010 - She flew from Dubai to Philippines for vacationing
  • 06.21.2010 - We met in Philippines
  • 06.24.2010 - Engaged
  • 06.28.2010 - Came back to USA
  • 07.05.2010 - She flew back to Dubai (work)
  • 08.02.2010 - Mailed I129F to VSC
  • 08.03.2010 - Delivered to VSC. Signed by D RENAUD.
  • 08.09.2010 - Check cashed
  • 08.14.2010 - NOA1 (Dated 08/06/2010)!!!!!!!!
  • 08.19.2010 - Touched!
  • 08.27.2010 - Received snail mail that typographical error was fixed.
  • 10.03.2010 - Touched!
  • 11.21.2010 - Visited her for a week in Dubai!
  • 02.14.2011 - NOA2 Approved on St. Valentine day!!!!!!!
  • 02.17.2011 - Packet left from NVC to ABU DHABI (Dubai)
  • 02.19.2011 - NOA2 hard copy received
  • 02.22.2011 - Packet reached ABU DHABI's consulate
  • 03.02.2011 - packet 3 & 4 received by email
  • 03.02.2011 - Confirmation of Interview on 04.14.2011 -
  • 03.07.2011 - Fiancee passed medical exam.
  • 04.14.2011 - K1-Visa Approved!!!!!!!!!!!!!!!!!!!
  • 04.21.2011 - Picked up Visa !!!!!!!!!!!!!!!!!!!
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Filed: K-1 Visa Country: Philippines
Timeline

I am sure everything will be fine.like the previous post said, they only keep your Passport its my understanding if they Approve it!

Sent NOA1 April 30th 2011

received May 2nd 2011

NOA1 Notice Date:May 4th 2011

NOA 2 txt/ email on july 18th 2011

NOA 2 received in Mail July 20th dated July 18th 2011

NOA2 in "74" days!

NO RFE

Personal issue in the Philippines

Medical Exam: March 22nd 2012

Medical Cleared on March 23rd 2012

Interview Date:April 16th, 2012......PASSED

Arrival Los Angeles California: July 7th 2012.

Marriage September 7th 2012 at San Bernardino County Hall of Records

Preparing for AOS

"I Wholly disapprove of what you say, But I will defend to the death, Your RIGHT to say it"

" _ Volitaire- "

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Filed: K-1 Visa Country: Ireland
Timeline

I think it's strange to have kept the passport if the embassy intended to deny it. You mentioned that the officer was Chinese, and your fiance is Indian. Is it possible that there was a language barrier? Could your fiance have misunderstood?

Edited by C Med

December 2nd, 2011 - AOS Packet sent

December 8th, 2011 - Received electronic NOA1

January 3rd, 2012 - Received notification that case has been transferred to CSC

January 4th, 2012 - Biometrics

February 11th, 2012 - Employment Authorization Card received

February 25th, 2012 - Social Security Card received

August 24th, 2012 - Green Card Received

August, 2014 - I-751 sent

August 2014 (two weeks later) - NOA1 Received

March 2015 - RFE Received

May 2015 - RFE Packet Sent

July 28th - Letter received for interview

August 13th - Interview (GC Pending)

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Filed: K-1 Visa Country: India
Timeline

I think it's strange to have kept the passport if the embassy intended to deny it. You mentioned that the officer was Chinese, and your fiance is Indian. Is it possible that there was a language barrier? Could your fiance have misunderstood?

No language barrier..My fiance said the guy was speaking Hindi to him. And my fiance is fluent in english so there shouldn't have been any problems if the interview was in english.

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Filed: Timeline

No language barrier..My fiance said the guy was speaking Hindi to him. And my fiance is fluent in english so there shouldn't have been any problems if the interview was in english.

I am sorry for your denial. Same Chinese young guy was there at my interview, Denied!!

Your red flags:

No ceremony means no family involvement( They need this!!!)

Do not give up

Good luck

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Filed: K-1 Visa Country: India
Timeline

I am sorry for your denial. Same Chinese young guy was there at my interview, Denied!!

Your red flags:

No ceremony means no family involvement( They need this!!!)

Do not give up

Good luck

So what happened at the end of the interview?Did he keep the passport with him or returned it to you? Would be great if you can tell us about your experience .

Thanks in advance

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Filed: AOS (apr) Country: India
Timeline

I am sorry for your denial. Same Chinese young guy was there at my interview, Denied!!

Your red flags:

No ceremony means no family involvement( They need this!!!)

Do not give up

Good luck

My fiance and I didn't have an engagement ceremony either. I am not Indian (which I guess you can tell from my picture lol) and this is not a common practice in my family. My fiance is Muslim and it is not a common practice for Muslims in his part of the country and no one in his family has ever had one.

Do you think they apply this standard to all relationships based on what they think a traditional Indian relationship should be like or do they show sensitivity to the fact that what they see every day isn't necessarily the norm for everyone?

I'm very nervous about being judged against cultural standards which are alien to me and do not necessarily apply to minorities such as my fiance. I keep reading horror stories about this Chinese man denying people left and right because he doesn't think their relationships are real. The rest of the denials seem to come from a tiny woman. So I guess I'll just pray that our CO is neither a Hindi speaking Chinese man or a tiny woman :rofl:

Bec & Dipu

Service Center : California Service Center

Consulate : New Delhi, India

I-129F Sent : 2010-11-22

I-129F NOA1 : 2010-12-01

I-129F NOA2 : 2011-04-21

NVC Received : 2011-04-27

NVC Left : 2011-05-05

Embassy Rcvd : 2011-05-08

Pack 3 Rcvd : 2011-05-11

Pack 3 Sent : 2011-06-23

Pack 4 Rcvd : 2011-07-08

Interview : 2011-08-03

Visa Received : 2011-11-09

POE : 2012-01-13

Marriage : 2012-01-21

AOS/EAD Sent : 2012-02-13

NOA1 : 2012-02-22

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Filed: K-1 Visa Country: India
Timeline

My fiance and I didn't have an engagement ceremony either. I am not Indian (which I guess you can tell from my picture lol) and this is not a common practice in my family. My fiance is Muslim and it is not a common practice for Muslims in his part of the country and no one in his family has ever had one.

Do you think they apply this standard to all relationships based on what they think a traditional Indian relationship should be like or do they show sensitivity to the fact that what they see every day isn't necessarily the norm for everyone?

I'm very nervous about being judged against cultural standards which are alien to me and do not necessarily apply to minorities such as my fiance. I keep reading horror stories about this Chinese man denying people left and right because he doesn't think their relationships are real. The rest of the denials seem to come from a tiny woman. So I guess I'll just pray that our CO is neither a Hindi speaking Chinese man or a tiny woman :rofl:

BAD NEWS...PETITION IS BEING SENT BACK TO NVC :((((..

Rahul and i kept calling and emailing VFSDelhi. he often was told the visa is being approved cuz they kept the passport. he got an email last nite stating the petition was in administrative processing per 221g. About 3 hrs later I received an email stating the consular officer did not think we had a valid relationship and was sending our petition back to NVS and DHS and to contact DHS for further inquiries.

I' completely stunned and so angry that they judged our relationship only based on the cultural standards of India. Not everyone conforms to society rules. I had written my senator last week and called today but they said they just received my email..I called and faxed docs to my congressman, senator, and tribal president. lady at senator's office said they have probably already placed the petition in the diplomatic pouch mail by now but I can send my request anyhow.

Any other ideas on what to do?

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Filed: Timeline

So what happened at the end of the interview?Did he keep the passport with him or returned it to you? Would be great if you can tell us about your experience .

Thanks in advance

I am sorry to hear that your petition is also being sent back. Unlike you they did not kept my passport for admin. process.

You can have basic idea about my case in these two threads.

http://www.visajourney.com/forums/topic/278140-k1-visa-refusal-at-new-delhi-221gwhite-slip/

http://www.visajourney.com/forums/topic/283728-should-i-do-somthing-now-would-you-help-me-here/page__p__4302189#entry4302189

Wishes for speedy process.

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Filed: Timeline

My fiance and I didn't have an engagement ceremony either. I am not Indian (which I guess you can tell from my picture lol) and this is not a common practice in my family. My fiance is Muslim and it is not a common practice for Muslims in his part of the country and no one in his family has ever had one.

Do you think they apply this standard to all relationships based on what they think a traditional Indian relationship should be like or do they show sensitivity to the fact that what they see every day isn't necessarily the norm for everyone?

I'm very nervous about being judged against cultural standards which are alien to me and do not necessarily apply to minorities such as my fiance. I keep reading horror stories about this Chinese man denying people left and right because he doesn't think their relationships are real. The rest of the denials seem to come from a tiny woman. So I guess I'll just pray that our CO is neither a Hindi speaking Chinese man or a tiny woman :rofl:

Engagement ceremony is not a common process for my Fiancee either and we both explained about it in a letter already but I do not think they even were bothered to read this because they already have decided at the time of interview. I could say it because of my experience that they want family involvement and approval(which is very strange) I mean come on we are not kid anymore!!!!

As per their view( which I guess), anyone engaged with an Indian means a lot of traditional/cultural functions and family involvement. We were also different because we did not have any pic. with my family and no engagement ceremony( A lot of questions in interview were about family and engagement ceremony). Rest we sent a lot of chat,phone logs and 10 letters from family members.Nothing mattered.

I am sorry I think these are the two people who sit there for Immi. visa interview.

Are you joining him at the time of interview?

Good Luck!

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Filed: K-1 Visa Country: India
Timeline

NEW UPDATE - R called VFS helpdesk today and was told we were sent email about denial by mistake. He was told our case is still pending. Not sure what to think, but we spent the weekend faxing, calling, emailing officials of all kinds. I even asked for inquiry into delhi embassy practices and gave evidence from visa statistics etc.. pray for favor and good outcome for us..thanks everyone!!!

Engagement ceremony is not a common process for my Fiancee either and we both explained about it in a letter already but I do not think they even were bothered to read this because they already have decided at the time of interview. I could say it because of my experience that they want family involvement and approval(which is very strange) I mean come on we are not kid anymore!!!!

As per their view( which I guess), anyone engaged with an Indian means a lot of traditional/cultural functions and family involvement. We were also different because we did not have any pic. with my family and no engagement ceremony( A lot of questions in interview were about family and engagement ceremony). Rest we sent a lot of chat,phone logs and 10 letters from family members.Nothing mattered.

I am sorry I think these are the two people who sit there for Immi. visa interview.

Are you joining him at the time of interview?

Good Luck!

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Filed: Timeline

NEW UPDATE - R called VFS helpdesk today and was told we were sent email about denial by mistake. He was told our case is still pending. Not sure what to think, but we spent the weekend faxing, calling, emailing officials of all kinds. I even asked for inquiry into delhi embassy practices and gave evidence from visa statistics etc.. pray for favor and good outcome for us..thanks everyone!!!

I would certainly say that you still have hope then..

I will pray for you

Good Luck

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