Why a K-1 visa was revoked after being issued

[elya 17]

Well, some of you may remember this story from what feels like forever ago. I have debated back and forth whether or not to post this but for the benefit of anyone else reading my prior topics and posts I figure it’s worth stating what ACTUALLY happened.

Brief review: In early Feb 2009, about 2-3 weeks after my fiancé received his K-1 visa in the mail, the embassy called to get it back for a “correction”. This was followed by a hellish 7 months of administrative review and investigation and finally a recommendation to revoke being sent back to USCIS. Followed by more panicked research and then a re-filing of a new I-129F with of course the requisite extra 6 months of background checks since we’re now super-flagged.

Now we never got any NOID or expiration notice from USCIS on the old I-129F – they state they never received it. However, at the new interview (October 2011) we did find out what happened.

Spoiler alert: It was NOT the address we forgot to list on the G-325A. It was NOT the fact that I accidentally implied my ex-husband had not been a foreigner sponsored by me also and that I omitted him from the financial packet. Yep, believe it or not that didn’t bother them in the least.

The story of the interview: We arrived about 7:45 for his 8 a.m. appointment and got in line. They didn’t let me in, so I headed across the road to wait in the coffee shop. After 2 hours sipping 3 500-ruble lattes, I figure he must be done soon and proceed to head back to stand outside the door and wait for him with the umbrella (since it’s raining a little).

I wait and wait and wait – start to get concerned. The crowd thins out. People come out, some happy, some sad. 4 hours after his appointment time I ask the security officers to let me in again. Explain why I’m waiting and how long. They are surprised, but can’t let me in. 6 hours later same story. EIGHT hours later they are going home – I ask the woman when the embassy closes? She says it won’t close until the last interviewee is done. Says she can’t believe I am still waiting, that she feels sorry for me – looks like she’s about to go back in and look for him when finally, finally, he comes through the door exhausted beyond belief, but smiling. We got it.

His experience: He went it, waited about 90 minutes for his turn. Interviewer takes his papers, looks through, says everything seems to be here but your case is special, you need to wait to talk to the investigator. Sit there. Points to the window. My fiancé can see the investigator has a huge stack of file folders sitting in front of him, two of them are red – one average-size, one three times the size. My fiancé, sitting there 8 hours without food or cigarettes (this for a guy with a pack-a-day habit!), watches the investigator progress through his stack. He gets to the huge red one in the middle, opens it, glances at it, sets it aside. Waits until the very end of the day when all other files are gone to go back to it – yes, that’s our file. My fiancé goes up to him and sees the word “WARNING” printed across the front page in big letters…

Starts grilling him about various details. Asks why his visa was cancelled. My fiancé says I would like to know that also! Investigator starts asking questions about his ex-wife. More grilling, more details about his and her relationship, timeline of divorce and our relationship, more questions about me – he asks where I am, seems confused about the fact that I was living together with him in Moscow for a year up to the time of his first interview – did you tell the previous interviewer that? YES!!! Hmm… they should have noted this.

Finally says – well you know it was very suspicious, you and your ex-wife filing for fiancé visas AT THE SAME TIME.

Anyway… over an hour of grilling later we’re approved. Interviewer wonders aloud why they didn’t call him in for another interview before sending the file back to USCIS… YEAH ME TOO!!!

Anyway, hope that answers questions for anyone wanting to be sure they avoid what we went through. There is nothing you can do, but the likelihood of that happening again is pretty much zero!

[Miss smarty pants 84]

Wow!

[eekee 182]

Glad everything worked out for you guys this time.

[Brad and Vika 129]

That is one wild tale. I hope the rest of the journey goes better for you

[2 N 1 for life 3]

Well, some of you may remember this story from what feels like forever ago. I have debated back and forth whether or not to post this but for the benefit of anyone else reading my prior topics and posts I figure it’s worth stating what ACTUALLY happened.

Brief review: In early Feb 2009, about 2-3 weeks after my fiancé received his K-1 visa in the mail, the embassy called to get it back for a “correction”. This was followed by a hellish 7 months of administrative review and investigation and finally a recommendation to revoke being sent back to USCIS. Followed by more panicked research and then a re-filing of a new I-129F with of course the requisite extra 6 months of background checks since we’re now super-flagged.

Now we never got any NOID or expiration notice from USCIS on the old I-129F – they state they never received it. However, at the new interview (October 2011) we did find out what happened.

Spoiler alert: It was NOT the address we forgot to list on the G-325A. It was NOT the fact that I accidentally implied my ex-husband had not been a foreigner sponsored by me also and that I omitted him from the financial packet. Yep, believe it or not that didn’t bother them in the least.

The story of the interview: We arrived about 7:45 for his 8 a.m. appointment and got in line. They didn’t let me in, so I headed across the road to wait in the coffee shop. After 2 hours sipping 3 500-ruble lattes, I figure he must be done soon and proceed to head back to stand outside the door and wait for him with the umbrella (since it’s raining a little).

I wait and wait and wait – start to get concerned. The crowd thins out. People come out, some happy, some sad. 4 hours after his appointment time I ask the security officers to let me in again. Explain why I’m waiting and how long. They are surprised, but can’t let me in. 6 hours later same story. EIGHT hours later they are going home – I ask the woman when the embassy closes? She says it won’t close until the last interviewee is done. Says she can’t believe I am still waiting, that she feels sorry for me – looks like she’s about to go back in and look for him when finally, finally, he comes through the door exhausted beyond belief, but smiling. We got it.

His experience: He went it, waited about 90 minutes for his turn. Interviewer takes his papers, looks through, says everything seems to be here but your case is special, you need to wait to talk to the investigator. Sit there. Points to the window. My fiancé can see the investigator has a huge stack of file folders sitting in front of him, two of them are red – one average-size, one three times the size. My fiancé, sitting there 8 hours without food or cigarettes (this for a guy with a pack-a-day habit!), watches the investigator progress through his stack. He gets to the huge red one in the middle, opens it, glances at it, sets it aside. Waits until the very end of the day when all other files are gone to go back to it – yes, that’s our file. My fiancé goes up to him and sees the word “WARNING” printed across the front page in big letters…

Starts grilling him about various details. Asks why his visa was cancelled. My fiancé says I would like to know that also! Investigator starts asking questions about his ex-wife. More grilling, more details about his and her relationship, timeline of divorce and our relationship, more questions about me – he asks where I am, seems confused about the fact that I was living together with him in Moscow for a year up to the time of his first interview – did you tell the previous interviewer that? YES!!! Hmm… they should have noted this.

Finally says – well you know it was very suspicious, you and your ex-wife filing for fiancé visas AT THE SAME TIME.

Anyway… over an hour of grilling later we’re approved. Interviewer wonders aloud why they didn’t call him in for another interview before sending the file back to USCIS… YEAH ME TOO!!!

Anyway, hope that answers questions for anyone wanting to be sure they avoid what we went through. There is nothing you can do, but the likelihood of that happening again is pretty much zero!

This is my first time seeing this post... spechless* so glad u were given another opportunity

[Gary and Alla 3,694]

Wow! Glad you got it. Who would have guessed?

[jojolicious 38]

Wow! Congrats!

[sea-monkey 13]

What a strange conicidence indeed. Can't blame the govt for being suspicious.

[elya 17]

The good news is now he's here and my husband :-) Bizarro delays and all.

[JAPrincess 27]

Thank you for sharing your story.

Congratulations!

[1HappyGuy 45]

A very bizarre story. So, was his ex-wife also dragged along for this incredible long ride too. I'm sure from the point of view of the embassy, this was a case of a married couple doing an end run on the immigration laws. They probably figured they would both come the America, get married, get green cards, divorce later and re-marry. Such would the the thoughts of the government officials.

At least you had a happy ending, despite the government screw-ups. :dance:

[Girl from Celebes 588]

Congrats.. I am seeing outline of story that could be going to John Grisham's latest novel.

[Inna & Brian 11]

Wow is right. What a strange tale.

Congrats and best wishes.

[Enigma11561 336]

Congrats. A long and painful process but it all worked out in the end. Best of luck to both of you.

[visaveteran1 33]

I don't remember this story but maybe I was not paying attention. Not sure what good your posting is for others. What's the lesson? Don't file for a K-1 visa at the same time as your ex wife (husband)? Well, DUH!

Or is the lesson our agents are looking for dubious and "red flag" filings and doing their job?

I always wonder about "out of the blue" postings.

Whatever...