k1 visa petition expired and retured back to nvc us

[rimisharma 0]

hi all

my petition got approved on june 6th 2011, and us embassy delhi gave me an interview date on 25th october 2011. i went for the interview, the guy who was taking the interview told me submit couple of papers at vfs center new delhi and i did that. i got an email on 18th nov that i can collect my passport for vfs. when i went there i got a letter from us embassy that my petition was expired because it was valid for 4 months and the consular officer did not find the information that i submitted at the vfs conclusive and officer did not revalidate the petition. and returned the petition to the nvc. what do i do???? i dont know whether my visa is rejected or approved or what????

pls help

[catknit 144]

You were not approved. Delhi can be a tough consulate - do some searches for threads about Delhi and their history of denials. If I had to guess they asked for the "laundry list" after your interview? Letters from the parents, receipts/guests lists from the engagement party, voter card, etc etc etc????

For whatever reason, the CO involved does not believe you had a bona fide relationship OR that your trying to circumvent immigration laws. Does your relationship have any red flags? Divorces? Mixed culture/religion/race? Big age difference? Have you been engaged forever and an outsider would think you'd be married by now??? All of these things can tip a CO into thinking something not quite kosher is going on and they will choose not to approve you. You really need to figure out what it is - as you'll need to address the issue to get the visa down the road.

What happens next - your petition is being sent back to the US where one of two things will happen. It will return to your service center [Vermont or California] and there it will be either expired or re adjudicated. I haven't read about any K1s being re adjudicated lately. Chances are very good it will just expire out. USCIS will send you a letter both stating the petition has returned to the service center and what the disposition is.

You can try using your US Senator or Congressman to try and stop this process at the embassy. BUT, it is extremely rare for that to happen. I think I've seen in twice in the 3 years I've been on VJ [and Delhi is NOTORIOUS for letting files expire, lengthy AP, and/or refusals on K1s].

So what should you be doing now? Wait and try to fix whatever the issue was that led to the refusal - did you visit infrequently? Was your engagement party so deluxe that from the outside it looked like a wedding? Think like someone how doesn't know you personally and how the info presented looks...or let us know and we'll help you figure it out! Your two choices then will be re-file the K1 or marry and file a CR1. Keep in mind that your will need to plan accordingly within Indian laws for the marriage there [if you're mixed faith the special marriage act depending on area may need both of you to sign the papers - and then there is a 30 day wait - if you're both Hindu, you are good to go right away!].

Do not despair - my husband and I went thru all of this, it took longer and it really ticked us off to go through the extra stuff but in the end we got it worked out and have been in the US for 2 years...

[rimisharma 0]

well because i did not submit the documents earlier that might be the reason CO wanted me to deposit the papers at the vfs. one more thing my fiance is a divorcee, do u think that could be the reason ?????????

can i marry him and apply for spouse visa???? i dont think i can because my passport does not show the denial status....what do i do?????????????

[catknit 144]

How quickly you returned the papers probably didn't influence anything as long as it was within a year of the interview [that's what is listed on the form given at the interview called a 221g]. Did you hand in any papers at vfs to help support your case?

Are both you and your fiance from a similar background?

Is your fiance the USC? If so, what were the circumstances of the divorce??? Did he get his US citizenship from the marriage or was he a US citizen before? Do you have a large age difference?

Yes, you can get married - no need for visa denial information to get married. He will need to provide proof of his divorce when trying to register the marriage [proof that he was free to marry].

Once married, you can apply for the marriage visa.

[Dave and Kinnari 31]

If it were me in your shoes. I would get married and file for a spouse visa. Totally bypassing the fiancee visa

Fiancee visa's have a 1 year validity and IR-1/CR-1 visa's NEVER expire.

If you are going to get married eventually, why not just do it in India and have a party/reception in the USA.

Best of luck to you!

[sherryandyashpal 7]

hi all

my petition got approved on june 6th 2011, and us embassy delhi gave me an interview date on 25th october 2011. i went for the interview, the guy who was taking the interview told me submit couple of papers at vfs center new delhi and i did that. i got an email on 18th nov that i can collect my passport for vfs. when i went there i got a letter from us embassy that my petition was expired because it was valid for 4 months and the consular officer did not find the information that i submitted at the vfs conclusive and officer did not revalidate the petition. and returned the petition to the nvc. what do i do???? i dont know whether my visa is rejected or approved or what????

pls help

OMG!!! this is EXACTLY what happened to us saturday morning.. its a rejection without a doubt.. I am sorry to say. i swear this must be rejection week. as they are sending the same letter to so many people.

Sherry

[rimisharma 0]

OMG!!! this is EXACTLY what happened to us saturday morning.. its a rejection without a doubt.. I am sorry to say. i swear this must be rejection week. as they are sending the same letter to so many people.

Sherry

hey sherry

what r u thinking to do now?????????????? because i m very upset with this, i dont know what to do....

[rimisharma 0]

How quickly you returned the papers probably didn't influence anything as long as it was within a year of the interview [that's what is listed on the form given at the interview called a 221g]. Did you hand in any papers at vfs to help support your case?

Are both you and your fiance from a similar background?

Is your fiance the USC? If so, what were the circumstances of the divorce??? Did he get his US citizenship from the marriage or was he a US citizen before? Do you have a large age difference?

Yes, you can get married - no need for visa denial information to get married. He will need to provide proof of his divorce when trying to register the marriage [proof that he was free to marry].

Once married, you can apply for the marriage visa.

hi

yes we both are hindus, no large age difference.

he is 30 i m 29. i m so scared what do i do now???? do u hav any idea how much time it will take if i get married and apply for spouse visa?????

i hate doing it now, because after providing so much of proofs they denied my visa, who knows what will they do in case of spouse visa???

moreover even if he is divorced or if he got his citizenship because of that marriage , i guess they should not be concerned.... i am helpless

[rimisharma 0]

If it were me in your shoes. I would get married and file for a spouse visa. Totally bypassing the fiancee visa

Fiancee visa's have a 1 year validity and IR-1/CR-1 visa's NEVER expire.

If you are going to get married eventually, why not just do it in India and have a party/reception in the USA.

Best of luck to you!

hi what do u think how much time it will take for spouse visa???? do i have to start from the scratch....OMG

and when u say k1 visa expire in 1 year ,what do u mean by this?????

[catknit 144]

I was curious about the ages because sometimes Delhi has issues with big age differences.

It's good that you are both Hindu because it can be seen as a red flag if you are mixed religions when going through Delhi. Also, it will make the process of getting married in India less time consuming. If it had been a mixed faith relationship there is a 30 day waiting period to have the wedding.

The K1 petition expires after 1 year - the petition can "die" after 1 year. A CR1/IR1 petition can never expire. One thing that can happen is a K1 will be denied and it is left to die. If you are denied a visa using a CR1/IR1 petition, your case will go back to the service center and will be re-adjudicated. This does not happen typically with a K1 due to the expiration date.

Yes, you must start from the beginning with a new petition if you do get married. New fees, new waiting for a NOA2, plus additional wait times at NVC as additional information is provided at that step. The bonus of all of this is you end up with the green card once you arrive, there is no adjusting of status.

I believe CR1s take close to a year???

The reason I asked if your fiance got his citizenship through his first marriage - Delhi is considered high fraud. Though there are justifiable divorces, bad matches, people who cheat, etc, if he got his citizenship via marriage, there may be additional scrutiny. One of the things the COs see a lot of is a guy marries a US gori, waits out the time to get citizenship, divorces the gori, petitions the desi girl his family wanted him to marry all along...COs don't like this. They may try to find proof that this was the plan all along...

[Dave and Kinnari 31]

hi what do u think how much time it will take for spouse visa???? do i have to start from the scratch....OMG

and when u say k1 visa expire in 1 year ,what do u mean by this?????

Catknit answered your question above.

We got through pretty quick with the IR-1/CR-1 visa. It took a little more than 7 months. I am quite shocked how fast it went thru compared to the other timelines I have seen.

Plan for a year at least if you re-file.

[rimisharma 0]

Catknit answered your question above.

We got through pretty quick with the IR-1/CR-1 visa. It took a little more than 7 months. I am quite shocked how fast it went thru compared to the other timelines I have seen.

Plan for a year at least if you re-file.

hi

OMG 1 year...how would i spend one year

i m so upset.....

I was curious about the ages because sometimes Delhi has issues with big age differences.

It's good that you are both Hindu because it can be seen as a red flag if you are mixed religions when going through Delhi. Also, it will make the process of getting married in India less time consuming. If it had been a mixed faith relationship there is a 30 day waiting period to have the wedding.

The K1 petition expires after 1 year - the petition can "die" after 1 year. A CR1/IR1 petition can never expire. One thing that can happen is a K1 will be denied and it is left to die. If you are denied a visa using a CR1/IR1 petition, your case will go back to the service center and will be re-adjudicated. This does not happen typically with a K1 due to the expiration date.

Yes, you must start from the beginning with a new petition if you do get married. New fees, new waiting for a NOA2, plus additional wait times at NVC as additional information is provided at that step. The bonus of all of this is you end up with the green card once you arrive, there is no adjusting of status.

I believe CR1s take close to a year???

The reason I asked if your fiance got his citizenship through his first marriage - Delhi is considered high fraud. Though there are justifiable divorces, bad matches, people who cheat, etc, if he got his citizenship via marriage, there may be additional scrutiny. One of the things the COs see a lot of is a guy marries a US gori, waits out the time to get citizenship, divorces the gori, petitions the desi girl his family wanted him to marry all along...COs don't like this. They may try to find proof that this was the plan all along...

hi

thank you so much for the valuable information.....

[rimisharma 0]

hi

what if i am already pregnant before marriage???? what can be the best solution in this case...