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Sannybel

K-1 VISA denied.. Next steps??

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I had a horrible experience with the consulate. they were extremely judgemental of my relationship and kept sayin our relationship started to fast. They interrogated ME as if I was a criminal. THe funny thing is their hard questions were with me they were nice to my fiancee. SO now I have to wait for this letter in order to appeal. Does anyone had any recommendations? Has anybody went troughthis process? I felt offended and humiliated by the wya they treated me. I was an AMERICAN in the US Embassy. I am thinking of writing to the US AMbassador and to my senators office. They cant do anything at this point about the denial but I can at least lodge a complaint. I am very upset. Any info would be appreciated.

Elizabeth


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Sorry to hear about your bad experience. On what basis were you denied?


K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

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Wow! That right there is my single biggest fear. I want to start making plans for my Fiancee arrival, like wedding plans and such, but am afraid that the CO will do what he did to you.

What questions did he ask?

How long have you known your Fiance?

Did you have an attitude with him?

Relationship starting too fast sounds pretty hokey to me. By the time the I-129F even gets approved, you have been together for at least several months.

Something else that doesn't sit right with me(and hopefully doesn't come to fruition) but how can the USCIS say "Yes, it is a valid relationship" only for the Consulate to to say "No, it is not a valid relationship"?

So sorry, Don't give up though! It will work out. Just need to find out exactly why it was denied, fix it, and try again.


June 16, 2011........ NOA1 Received

August 4, 2011....... Expedite requested by Phone

August 5, 2011....... On August 5, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E) (NOA2)

August 9, 2011....... NVC case number!

August 15, 2011...... Consulate Rcvd

October 25, 2011..... Interview Scheduled

December 04, 2011.... Fiance Arrived in Portland OR, Via NYC

December 14, 2011.... Married!! Yeah

February 17, 2011.... USCIS RCVD I-485 and I-765

March ............... Recieved RFE for financial support

May 21, 2012......... Work Permit shows up.

January 15, 2013......Green Card Received Done!!!!

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They said they determines my relationship was for immigration purposes. They also crossed off on the sheet they

gave us that we provided false evidence when they only looked at a few pictures adn they did not look at any of the backup documentation. We have been together since February of last year. THey ask you all types of personal questions eg..

1.when was the first time you had sexual intercourse, where?

2. When was the last time you had sexual intercourse?

3. They asked him if I was using birth control while in the US.

4. Also they asked if I had given birth to my daughter (from my previous relationship) naturally or by C-section

5. Where was he on Nerw years, Did you dpeak? WHo called who?

6. Name of his parents and mine.


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Actually I have seen posts from people who contacted their congress person etc about the interview going really bad and they were actually able to have thos people get them a second review and interview on their case. So you may want to try that before they send the case out of the embassy.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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They said they determines my relationship was for immigration purposes. They also crossed off on the sheet they gave us that we provided false evidence when they only looked at a few pictures adn they did not look at any of the backup documentation. We have been together since February of last year. THey ask you all types of personal questions eg..

1.when was the first time you had sexual intercourse, where?

2. When was the last time you had sexual intercourse?

3. They asked him if I was using birth control while in the US.

4. Also they asked if I had given birth to my daughter (from my previous relationship) naturally or by C-section

5. Where was he on Nerw years, Did you dpeak? WHo called who?

6. Name of his parents and mine.

This smacks 100% of a Stokes interview. Was this your first interview, or a second one, with your presence demanded by the consulate after an unsuccessful first one? Did they interrogate you separately? Do you have a large difference in age between you? What red flags accompanied your I-129F petition? Please provide all relevant details and history.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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What is a stoked interview? In Dominican Republic they usually require you to asssit or they will not provide the fiancee with a visa. This was our first interview adn there were no red flags that we knew off.I had previously submitted a petition for a former fiancee but I withdrew it adn I stated that in all the original paperwork. I am 3 years older than him. He also has a daughter who is 2yrs and 4 months adn that seemed to set off bells at the interview. They interrogated us seperately and questioned the the short amoutn of time it took for us to have intercourse and formalize our relationship. I am not sure what other details you would want. I need to know what the best way to proceed is..

This smacks 100% of a Stokes interview. Was this your first interview, or a second one, with your presence demanded by the consulate after an unsuccessful first one? Did they interrogate you separately? Do you have a large difference in age between you? What red flags accompanied your I-129F petition? Please provide all relevant details and history.


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They said they determines my relationship was for immigration purposes. They also crossed off on the sheet they

gave us that we provided false evidence when they only looked at a few pictures adn they did not look at any of the backup documentation. We have been together since February of last year. THey ask you all types of personal questions eg..

1.when was the first time you had sexual intercourse, where?

2. When was the last time you had sexual intercourse?

3. They asked him if I was using birth control while in the US.

4. Also they asked if I had given birth to my daughter (from my previous relationship) naturally or by C-section

5. Where was he on Nerw years, Did you dpeak? WHo called who?

6. Name of his parents and mine.

:angry::wow:

They have NO business asking about your sexual relations. No one's friggin business but yours and his. If they ask my Fiancee that, I guarantee I will have to try to bail her out of Jail. If this is true, write it all down exactly as you remember it while it is still fresh, Get the CO name who interview you, the denial letter, and maybe even other witnesses, or people interviewed by same person that day if possible, then Fax and Mail it to your congressman's office, and call them too.

Please tell me this guy was not an American?? :unsure:

The other questions though like 5 and 6 I would say are expected. People like that should not be representing the US.


June 16, 2011........ NOA1 Received

August 4, 2011....... Expedite requested by Phone

August 5, 2011....... On August 5, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E) (NOA2)

August 9, 2011....... NVC case number!

August 15, 2011...... Consulate Rcvd

October 25, 2011..... Interview Scheduled

December 04, 2011.... Fiance Arrived in Portland OR, Via NYC

December 14, 2011.... Married!! Yeah

February 17, 2011.... USCIS RCVD I-485 and I-765

March ............... Recieved RFE for financial support

May 21, 2012......... Work Permit shows up.

January 15, 2013......Green Card Received Done!!!!

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:angry::wow:

They have NO business asking about your sexual relations. No one's friggin business but yours and his. If they ask my Fiancee that, I guarantee I will have to try to bail her out of Jail. If this is true, write it all down exactly as you remember it while it is still fresh, Get the CO name who interview you, the denial letter, and maybe even other witnesses, or people interviewed by same person that day if possible, then Fax and Mail it to your congressman's office, and call them too.

Please tell me this guy was not an American?? :unsure:

The other questions though like 5 and 6 I would say are expected. People like that should not be representing the US.

They are normal questions for a stokes interview which this person had. Also generally interviewers for visas are USC. Other staffers there may not be USC but the interview people are.

"in a marriage based adjustment of status application a stokes interview or ‘marriage fraud interview’ is a second interview where an immigration officer questions the husband and wife separately, and compare their answers to decide whether the marriage is a good faith marriage or a sham marriage."


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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They are normal questions for a stokes interview which this person had. Also generally interviewers for visas are USC. Other staffers there may not be USC but the interview people are.

"in a marriage based adjustment of status application a stokes interview or ‘marriage fraud interview’ is a second interview where an immigration officer questions the husband and wife separately, and compare their answers to decide whether the marriage is a good faith marriage or a sham marriage."

That is not "normal questions", they is preverse and inappropriate questions. There is no reason for this when there is a thousand other questions they could ask.

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Actually I have seen posts from people who contacted their congress person etc about the interview going really bad and they were actually able to have thos people get them a second review and interview on their case. So you may want to try that before they send the case out of the embassy.

That's true! :thumbs: I read one story of Russian fiancee who got very rude and offencive interview in Algeria (she was an Algeria permanent resident at the petition time), and her visa was denied - officer even didn't want to look any proof of relationship. But her US fiance made official letters with complains about offencive behaviour of this consular officer who was interviewer, explaining how conversation was rude, and that they can show a lot of proof of their relationship, and this fiancee got 2nd interview! She wrote that second interview was much more nice and calm, another officer watched documents she brought, and her visa finally was approved, now she is in USA and waiting AOS. :) [it's Victor (Russian fiance) writing]

Edited by Amy_and_Victor

Our timlines K1 visa - Citizenship (06.28.2011 - 08.01.2016)

K1 Visa Timeline (06.28.2011 - 04.07.2012)

  • 06-28-2011: I-129F sent to Dallas
  • 07-05-2011: NOA1 (CSC)
  • 01-05-2012: NOA2 (184 days since NOA1)
  • 01-13-2012: NVC passed
  • 01-19-2012: Embassy received our case
  • 02-14-2012: Interview PASSED! :D K-1 Visa Approved! :D
  • 03-08-2012: POE
  • 04-07-2012: Wedding!

AOS/EAD Timeline (04.26.2012 - 12.13.2012)

  • 04-26-2012: I-485 and I-765 sent to Chicago Lockbox
  • 05-02-2012: NOA1 (both I-485 and I-765)
  • 05-23-2012: Biometrics taken
  • 07-02-2012: Employment Authorization Issued (07-09-2012 - received in the mail)
  • 12-03-2012: Made Service Request for I-485, because case is beyond processing time
  • 12-07-2012: I-485 APPROVED! 219 days since NOA1. No interview/RFE
  • 12-13-2012: GreenCard in the mailbox, done with AOS!

Lifting of conditions Timeline (09.04.2014 - 01.14.2015)

  • 09-04-2014: I-751 sent to CSC
  • 09-08-2014: NOA1
  • 11-10-2014: Biometrics taken
  • 01-07-2015: Approved! Only 122 days since NOA1. No interview/RFE
  • 01-14-2015: GreenCard in the mailbox

Citizenship Timeline (09.03.2015 - 01.08.2016)

- 09-03-2015: N-400 sent to Phoenix

- 09-10-2015: NOA1

- 10-08-2015: Biometrics taken

- 10-28-2015: Case is in line for an interview

- 11-02-2015: Letter with Naturalization Interview Appointment

- 12-07-2015: Interview passed

- 01-08-2016: Naturalization Oath Ceremony, I'm a US citizen now!

tTM3p3.png

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Unbelievable :angry: . I'm very sorry that you had to go through this awful experience. I hope there are possibilities to take steps against this decision, and that experienced VJ'ers can help you with their advice.


K1:

03/03/11 filed for K1

03/08/11 NOA1

06/06/11 NOA2

07/06/11 pack 3

07/22/11 pack 4

08/04/11 interview

08/10/11 visa in mail

AOS:

11/19/11 POE @ Seattle
12/08/11 Wedding heart.gif
01/11/12 filed for AOS/EAD/AP
01/17/12 NOA 1 (hardcopy)
02/08/12 biometrics
03/21/12 EAD/AP combo-card received // applied for SSN
03/22/12 AOS interview - approved! (after 2 month 11 days)
03/26/12 received "Welcome to the United States"-letter and SSN
03/30/12 GC in hands!!!

ROC:

01/04/14 filed for ROC

01/07/14 NOA 1

02/03/14 biometrics

04/17/14 approved

04/23/14 GC in hands

Citizenship:

02/24/15 BBG approved (permit to retain German citizenship)

04/15/15 N-400 filed

04/21/15 check cashed

04/24/15 NOA1 (priority date 04/16)

05/11/15 biometrics (early walk-in 05/04/15)

05/14/15 in-line for interview

10/17/15 interview letter in mail

11/17/15 interview

11/20/15 oath ceremony

I'm a U.S. citizen!

12/04/15 U.S. passport

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That is not "normal questions", they is preverse and inappropriate questions. There is no reason for this when there is a thousand other questions they could ask.

Read the bolded part in what you quoted....they ARE normal questions for the type of interview they had.

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They are normal questions for a stokes interview which this person had.

Do you really think that questions like "When was the last time you had sexual intercourse?" or "they asked if I had given birth to my daughter (from my previous relationship) naturally or by C-section" - normal questions? :huh: I don't think it's OK to ask such a private questions. It's not their deal when and how couple has sex, unless officer is just pervert. [it's Victor (Russian fiance) writing]


Our timlines K1 visa - Citizenship (06.28.2011 - 08.01.2016)

K1 Visa Timeline (06.28.2011 - 04.07.2012)

  • 06-28-2011: I-129F sent to Dallas
  • 07-05-2011: NOA1 (CSC)
  • 01-05-2012: NOA2 (184 days since NOA1)
  • 01-13-2012: NVC passed
  • 01-19-2012: Embassy received our case
  • 02-14-2012: Interview PASSED! :D K-1 Visa Approved! :D
  • 03-08-2012: POE
  • 04-07-2012: Wedding!

AOS/EAD Timeline (04.26.2012 - 12.13.2012)

  • 04-26-2012: I-485 and I-765 sent to Chicago Lockbox
  • 05-02-2012: NOA1 (both I-485 and I-765)
  • 05-23-2012: Biometrics taken
  • 07-02-2012: Employment Authorization Issued (07-09-2012 - received in the mail)
  • 12-03-2012: Made Service Request for I-485, because case is beyond processing time
  • 12-07-2012: I-485 APPROVED! 219 days since NOA1. No interview/RFE
  • 12-13-2012: GreenCard in the mailbox, done with AOS!

Lifting of conditions Timeline (09.04.2014 - 01.14.2015)

  • 09-04-2014: I-751 sent to CSC
  • 09-08-2014: NOA1
  • 11-10-2014: Biometrics taken
  • 01-07-2015: Approved! Only 122 days since NOA1. No interview/RFE
  • 01-14-2015: GreenCard in the mailbox

Citizenship Timeline (09.03.2015 - 01.08.2016)

- 09-03-2015: N-400 sent to Phoenix

- 09-10-2015: NOA1

- 10-08-2015: Biometrics taken

- 10-28-2015: Case is in line for an interview

- 11-02-2015: Letter with Naturalization Interview Appointment

- 12-07-2015: Interview passed

- 01-08-2016: Naturalization Oath Ceremony, I'm a US citizen now!

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By the time the I-129F even gets approved, you have been together for at least several months

Unless you are living together in DR then you may have known each other for several months, but that doesn't have an impact on filing a petition very shortly after you have met.

You say there are no red flags on your case, but for those types of questions, something set off the alarm for the VO. First thing is you need to sit down and look in fine detail at your case and identify anything and everything that could be an issue in the VO's eyes. Then you can proceed with either trying to file an appeal or with getting married and re-filing a CR-1. The biggest problem is the part where the VO said you gave false evidence. What evidence are they referring to? If they are claiming a material misrepresentation case then you have a much bigger issue than appealing or a new petition. If there was some error on the forms that is one thing, but if something was not included to make your case look better then you are going to run in to a brick wall with any type of appeal or new petition.


Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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