K-1 VISA denied.. Next steps??

[Harpa Timsah 13,258]

I think they might just be referring to some inconsistencies in the interview but when I asked the lady she wouldnt explain.

You had inconsistencies in the interview? Regarding the questions, they are extreme questions, but also a great way to get at fraud. If you had different answers for those questions, then you have a long road ahead. Good luck.

[Fordnut74 1]

I don't care what kind of interview that was- Stokes, Strokes, Or Blokes who Smoke- Those are highly personal questions and having your visa held over your head in lieu of answering them is a violation of basic human rights. It reeks of "Trafficking in Persons" to me. In no way does it represent what the United States of America is about.

If those are in fact "Normal" questions, then this needs brought to the attention of a very high level US official immediately. In fact, I would encourage anyone who this has happened to to speak up.

With that said, I agree with the others- If this official works at the embassy, I would expect him to have at least a minimum level of training and there must have been some red flag that caused the interviewer to cross the line.

There are a million other questions to ask-

Favorite Food

Favorite Color

Children Middle name

Eye color

Favorite locations visited as a couple

Even Birthmarks, tattoos and scars- Even though personal, at least they are not sexual in nature. A C-Section would come out as a "scar", but much less invasive in questioning. And someone who has No scars, tattoos, birthmarks, or other singularities is pretty rare too.

[Harpa Timsah 13,258]

High level US officials are aware that they do this in extreme circumstances. I disagree that the questions are perverse or alarming. They are personal and embarrassing, but should be easily answered by a legitimate couple. Detail is not required. I don't know my husband's favorite color at all (in fact I thought it was blue but then he said it was "burgundy"), but I sure know about our sex life. I don't know his favorite food; I don't think he has one. In the OP's case, she said that it was a fast courtship, so "favorite places visited as a couple" doesn't exist. Regarding C-section, I would hope that someone's SO would know the details of a life-changing event like the birth of a child, the general story of what happened, whether it was difficult, easy, was there a C-section, etc.

There were other factors that caused this line of questioning. A normal couple is not subjected to this. Sorry you're going through this OP.

[Used to be broken 143]

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.

What the penguin said

[xocanin 0]

All the pictures with him his family adn our friends. I also submitted allt he phone log that shows that I talk to him almost every day for an hour or more. I also submitted the copies of the receipts for the money I sent him adn when I recharge the phone card on his cell phone. The weird thing is that they didnt look at any of the new stuff. and USCIS approved the evidence sent in with petition. I am wondering what they claim is false. I have seen cases where they tell you one thign in the consulate adn then the paperwork they send says somethign else so I hope this is the case.

Okay. I'm not trying to pry or anything, I'm asking because I'm also trying to figure out just how on Earth they reached that conclusion. Were the pictures that you submitted dated? Was there evidence that you met in the last couple of years, such as boarding passes and stuff like that?

Also I'm very sorry they asked those very invasive questions.

[Sannybel 1]

Okay. I'm not trying to pry or anything, I'm asking because I'm also trying to figure out just how on Earth they reached that conclusion. Were the pictures that you submitted dated? Was there evidence that you met in the last couple of years, such as boarding passes and stuff like that?

Also I'm very sorry they asked those very invasive questions.

The pictures were not dated but they were from different dates.I was slimmer in some and had a different hair styles. There were some before I received my piercing and some after. I did include boarding passes and copies of my passport with the dates of my entry into the country. It's ok. I dont think anybody is trying to pry I just think everyone is as baffled as I am..I am awaiting the actual decision letter so I can see what they say. I asked her several time what the fraudulant evidence was and she was evasive limited to telling me it was a high fraud post and they were very picky. But others that left the consulate were told why they were denied. She really didnt like me at all.

[bigdog 376]

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

[Sannybel 1]

High level US officials are aware that they do this in extreme circumstances. I disagree that the questions are perverse or alarming. They are personal and embarrassing, but should be easily answered by a legitimate couple. Detail is not required. I don't know my husband's favorite color at all (in fact I thought it was blue but then he said it was "burgundy"), but I sure know about our sex life. I don't know his favorite food; I don't think he has one. In the OP's case, she said that it was a fast courtship, so "favorite places visited as a couple" doesn't exist. Regarding C-section, I would hope that someone's SO would know the details of a life-changing event like the birth of a child, the general story of what happened, whether it was difficult, easy, was there a C-section, etc.

There were other factors that caused this line of questioning. A normal couple is not subjected to this. Sorry you're going through this OP.

I understand were you are coming from but the manner in which the questions were asked were extremely disrepecful. Regardless I know I am saying the truth and have faith that the proof will persevere. I spoke to an immigration attorney adn he actually told me many of his clients have been denied when they are an actual couple. So this seems to be a common theme in the conuslate in DR. Every country is different.

[bigdog 376]

Not normal per questions at our interview, I saw a recommendation to contract a congressman sounds like it can't hurt.

[san diego 407]

I would recommend contacting congressman. However, not in regards to the questions. Those questions are just fine. Would you complain at the physician if he/she would ask you same questions? Consider it similar: interview results are confidential. I would try to contact and make congressman schedule another interview before they send the case back. Good luck!

[xocanin 0]

The pictures were not dated but they were from different dates.I was slimmer in some and had a different hair styles. There were some before I received my piercing and some after. I did include boarding passes and copies of my passport with the dates of my entry into the country. It's ok. I dont think anybody is trying to pry I just think everyone is as baffled as I am..I am awaiting the actual decision letter so I can see what they say. I asked her several time what the fraudulant evidence was and she was evasive limited to telling me it was a high fraud post and they were very picky. But others that left the consulate were told why they were denied. She really didnt like me at all.

Yeah, this is just really bizarre and I'm really sorry you went through that. I wish I could offer some help, but from what you're saying here there doesn't seem to be a logical reason for this to have happened at all.

I hope everything works out for you guys. This must be so heartbreaking.

[GandA5510 4]

Im so scared that this could happen to me, ive been with my boyfriend for 15 months now. Do they base it on how many times we see each other before filling the paper work out?

[Shenzhen 34]

The previous petition is a HUGE RED FLAG I know I went through it. I was interrogated on my 2nd and 3rd trip back from China. She finally had her interview after making us wait 18 months back in May. Last weekend we went to Toronto for the weekend. We both got pulled into Immigration on the return trip where I again was questioned about past fiance visa of which were with drawn back in 07. I was with my wife and she has her green card and passport and they are asking me about previous K-1's. I was like I am with my wife and she arrived here in May on a CR-1 with a greencard. I told them she is a LPR he asked what's an LPR. I said a lawful permanent resident. HE works for immigration and didn't know that. I asked them am I going to be interrogated every time I enter the country? WHAT A bunch of @#$%^@ C.B.P. is. They are directly tied to the USCIS and NVC. He told me that should be the last time I will believe it when I don't get stopped again. Sorry for the rant. The 1st visa is going to hurt you as you already experienced.

Edited August 8, 2011 by Shenzhen

[Ready to do it 101]

I think that given 1) you had previously petitioned for someone else, and 2) the age between your fiance's kids and the two of you meeting is not that far apart (meaning he had a child and then quickly got into a relationship with you) are red flags. Are these reasons to outright deny the visa? Absolutely not. Are they reasons to scrutinze for fraud more closely? Absolutely. Since you weren't told what inconsistencies there were in the answers it is impossible to know exactly which question it was that they feel is inconsistent. Regarding the questions themselves... while personal in nature, I think the questions are very fair. Maybe the last time you had sex is irrelevant, but the first time you had sex, C-section or natural birth, who called who on new years eve, do you use birth control in the US, etc... are all very fair questions in my opinion especially for a couple that they want to scrutinze because of the 2 red flags from the get-go that I mentioned above. Ultimately, they proved what they needed to prove.... that perhaps there is fraud because one or the other doesn't know the intimate details of the relationship. Based on that reason alone, there is no reason for them to even look at pictures, phone logs, etc. It doesn't mean that your fiance won't get a visa. It simply means now you are going to have to jump through a lot of hoops to get it. It sucks, but the red flags were there so the CO did their job and asked intimate questions to prove the relationship and unfortunately you guys didn't pass. Don't give up hope. Just be more prepared next time around.

[jaz00mine 8]

Sorry it went that direction.....pray and keep positive