K-1 Denial

[Morenita203 1]

SO-

As some of my friends on here will know that my fiance and I were denied the K-1 visa. The CO was very upfront about questioning the validity of our relationship. We were even moved into the interrogation room for questioning. We answered all of those questions the same.

CO questioned us after the interrogation and then determined on his own that we could not be in a relationship because I had only visited my fiance for 3 days in the last 2 years.

I explained to him that we had been together for much longer than two years and brought all the evidence to prove that. I also explained that I had lost my job in 2009 and had since started a new job and have been employed for about 2 years now. The circumstances under which we could meet were limited and brief because of both of our jobs. I filed in June and interviewed in Dec. We were given a white slip and he circled the option that said " relationship was for immigration purposes"

What can I do-- I was thinking maybe we could motion or appeal the decision-- but I'm thinking we may have to just get married in the DR and petition him with a CR-1 visa.

Thanks for all you help!!!

[bigdog 377]

You can get married and file http://www.visajourney.com/content/i130guide1

[LIFE'SJOURNEY 970]

The relationship validation will still be the same if you marry. So why not vist more often and appeal the denial. The DR is not a long trip from the US, so why not more longer weekend trips we have many holidays that falls on a Monday. Do you see their point.

[baron555 934]

The relationship validation will still be the same if you marry. So why not vist more often and appeal the denial. The DR is not a long trip from the US, so why not more longer weekend trips we have many holidays that falls on a Monday. Do you see their point.

Yep, international relationships almost always require extraordinary efforts to generate evidence to prove to complete strangers that you have a legitmate relationship....

the consular officers are trained to vet this out....obviously your relationship didn't pass muster......they must have seen something wrong about it.

AND....I'd bet there were more "red flags" they saw besides the only visited for 3 days in the last two years that they told you about.

Edited January 3, 2012 by baron555

[In<3 11]

I am sorry for denial. Since I couldn't travel too much to DR i was advised to get married before filing his papers because this would by me time and give me more of a chance to travel. I would say get marry and try to travel more often, what I do is look for cheap flights and whenever I find a deal I try to go, I know it is not easy to travel often but you have to try to go more often. Good luck on your further process.

Edited January 3, 2012 by In<3

[Samantha78 117]

I'm sorry again, about that denial. I understand the financial pressures of traveling and everything in between....as you know, I just went through it and I'm still going through it. The thing with DR is that, if you don't visit at least 3 times a year....they do not believe the relationship is valid. I see others petitioners with beneficiaries in countries very far away, unable to visit often and it is acceptable. But since DR is so close to the states, they assume we should be able to travel frequently. It's not right, but this is one of their deciding factors. During my husbands interview, they looked at not one piece of evidence....just my passport. And the next words out of her mouth were "he is approved".

I think first, you should decide fast what you want to do - appeal or get married. If you get married, you must visit him at least 2 more times during the process (6-7 months)...if you appeal, you also must visit a few more times.

If there were other red flags, then I'm not sure what to say, but I can somewhat understand why they questioned the relationship if you haven't seen him in 2 years. That's their job...and you and I know how many fakes go in and out of that embassy. It stinks we have to pay for those peoples wrongs......

[Morenita203 1]

In terms of any other red flags-- I'm not sure where there would be any. He has never solicited a visa and we answered all the questions honestly. It really is super hard- but like sam&jensi said, we may need to just travel more. Gather everything up and pray that the next round is easier. I know anything that's this much much has to be worth it- so we will keep going strong, I'm thinking that the marriage route is better only because at least we will legally be together and then worry about the rest later.

Does anyone know how long we have to wait before we get married?

[LIFE'SJOURNEY 970]

In terms of any other red flags-- I'm not sure where there would be any. He has never solicited a visa and we answered all the questions honestly. It really is super hard- but like sam&jensi said, we may need to just travel more. Gather everything up and pray that the next round is easier. I know anything that's this much much has to be worth it- so we will keep going strong, I'm thinking that the marriage route is better only because at least we will legally be together and then worry about the rest later.

Does anyone know how long we have to wait before we get married?

You can get married tomorrow if you wish, but if you do then the K1 is dead. The marriage visa is just as hard to prove a true relationship as the finance. You will be married, so now you must operate as one. Hint Hint

[Oksana & Max 94]

You can get married now. But others mentioned make sure you cover all the red flags. Just getting married doesn't qualify you for visa automatically, so make sure you travel more often. And collect sufficient evidence to show bonafide relationship.

[Morenita203 1]

You are all soooo wonderful. This has really made my day, I was leaning more towards the marriage anyways-- so hopefully we can really get this done right this time.

:blush: :blush:

I honestly love all of your tips. I thought about getting married that same day of the denial- but I think having a nice little ceremony on the beach will suit us just fine.

[san diego 407]

Just make sure that after marriage and during the process of CR1 you travel sufficiently. My wife (back then fiancee) lived in Russia. It took us 9 month of dating to get to filing K1 and 8 months to get K1. almost 2 years. We saw each other every 1.5 months at least 10 days at a time. Yes, it is draining on finances. However, to me it is natural. If I was CO I would make the same conclusion. So, travel frequently while applying! It does not have to be Dom Rep. You can meet in Mexico, etc.

Edited January 3, 2012 by san diego

[Robert&Karen 264]

We visited often but also spend HOURS a day on the phone (Skype and Google Voice are free), sent LOTS of mail back and forth, and had PLENTY of evidence that there was no one else for one another in our lives. It's more than just a visit, it's a life together.

[jamkay 0]

My fiance and i were denied but did not receive a slip of paper. CO just stated we would receive a letter in the mail. Have you heard of that?

SO-

As some of my friends on here will know that my fiance and I were denied the K-1 visa. The CO was very upfront about questioning the validity of our relationship. We were even moved into the interrogation room for questioning. We answered all of those questions the same.

CO questioned us after the interrogation and then determined on his own that we could not be in a relationship because I had only visited my fiance for 3 days in the last 2 years.

I explained to him that we had been together for much longer than two years and brought all the evidence to prove that. I also explained that I had lost my job in 2009 and had since started a new job and have been employed for about 2 years now. The circumstances under which we could meet were limited and brief because of both of our jobs. I filed in June and interviewed in Dec. We were given a white slip and he circled the option that said " relationship was for immigration purposes"

What can I do-- I was thinking maybe we could motion or appeal the decision-- but I'm thinking we may have to just get married in the DR and petition him with a CR-1 visa.

Thanks for all you help!!!

[Gary and Alla 3,694]

The relationship validation will still be the same if you marry. So why not vist more often and appeal the denial. The DR is not a long trip from the US, so why not more longer weekend trips we have many holidays that falls on a Monday. Do you see their point.

Point one is good. Marrying solves nothing. Point two to visit more is good, but rather than appeal, it will be cheaper, faster and easier to file a new petition, visit some more and combine ALL the evidence, including a SECOND petition, for the next interview.

[island girl2010 0]

Point one is good. Marrying solves nothing. Point two to visit more is good, but rather than appeal, it will be cheaper, faster and easier to file a new petition, visit some more and combine ALL the evidence, including a SECOND petition, for the next interview.

Hello Alla! I just want to ask you a question regarding my situation. Filed July 25,2011..got an Rfe then filed an expedite twice and the second time just this recently and I think twas denied. Then we got another RFE this April 18 , they needed 2 passport-style photos of my fiance (petitioner) of which we submitted when we filed our petition. Can you give me a reason why they needed another 2? And on April 27 they received those photos and asked us to wait again for at least 60 days?

Thank you very much for your input. Help me understand this, it has been too long the wait. VSC