refused for no valid relationship

[RobbyUSA 26]

just bad luck.... remember.... there is the human factor.

now you have to pay the piper and get a lawyer.... good luck.

[bigdog 376]

Maybe an immigration lawyer can help, age difference is a biggie to them obviously along with time together.

[LSnBigBear 61]

My thoughts on this from living in the Philippines on work Visa for 5 years as well as my first visit in 1998. Things are changing there in terms of visitors to the Philippines. I noticed a lot more Middle Easterners there just as late as last year when I came back to USA. Just to be clear you state you and your fiancee had a bank account there and you lived there as well. In your profile the country you're from is India. There could be a corelation that you are not living in your home country. I also know and please there is no disrespect going from me to you, but the Philippines is known to have terrorist go through there, live and build there. Some are known with the Abu Sayif others are setting or trying to set there (I have a friend working in southern Philippines for our Government). So you maybe flagged for some odd reason. I would take others advice and re-file as from what you are stating you and your financee have been together and had an active relationship for 5 years. Age descrepency would only be if your fiancee is in her 60's and your just age 20 I would think. My friend just recently got his K1 approved and he is 59 to his now wife being 32.

Good luck

[Laser1 63]

Dear VJ friends, i need your help and please help me as soon as possible.

well i interviewed on march 5 in New Delhi, US Embassy, the interviewer ask me few question about me and my fiancee, and i answer his all question, after 5 or 10 minutes he give me a 221g letter and told me to submit all the documents to the vfs center, on march 16, i submit all the the documents required in 221g letter and today on April 3 they give me a letter in which it says

What questions did he ask you and your fiancee? What were your answers? Your answers, and how you looked answering them, were probably more important than the evidence you sent.

[jaycali 415]

Are you from India or the Philippines?

Your flag says India, but it says you live/lived in the Philippines? What did you do in the Philippines?

How much older is your fiance? If she is much older, this is a big red flag to the CO. Also, is your fiance of Indian decent? Or is she from a very different background/culture? If so, that could also be a big red flag to the CO.

Third, were there any questions in particular that the CO pushed you on? If so, please let us know.

The more information you provide about the interview, the better able we are to help you.

Edited April 3, 2012 by jaejayC

[catknit 144]

An immigration attorney will not help in this matter - unless you and your fiancee feel that you can't correctly re-file or file for the CR1 [after marriage], there really isn't anything an attorney would "do" given the information provided.

I completely concur that you need to read through the post R&S linked earlier in this topic. Read it and see if there is anything about either you or your fiancee that rings true. You'll need to be able to overcome whatever hesitations the CO felt...is your soon-to-be-wife no longer of childbearing age? Was she recently divorced when you met? Did she divorce her ex during your relationship? Have there been sizable and/or frequent deposits into the shared bank account from only one party?

As shocking as this turn of events is for you, please keep in mind that this is survivable [my husband and I can attest to this]. Chances are the case will go back to USCIS and be expired out. At that point, you may refile either for another K1 or a CR1 [if married]. Delhi is notorious for being harder on mixed couples applying for a K1. I would suggest marriage and CR1 as the path going forward. You, of course, need to overcome what the "problem" was with the first case. In many cases, additional time in person helps the case immensely.

Oh, and if you are a mixed couple going through Delhi - have the USC there for the interveiw - that alone solves a lot of the "what ifs" in the COs minds. I think there is a couple on vj that even stated their 221g was thrown out since the USC was there [maybe Bec_Dipu????].

[Bec_Dipu 103]

Oh, and if you are a mixed couple going through Delhi - have the USC there for the interveiw - that alone solves a lot of the "what ifs" in the COs minds. I think there is a couple on vj that even stated their 221g was thrown out since the USC was there [maybe Bec_Dipu????].

That was me

I agree with everything you have stated. At this point, it may be faster for you to just get married and go the CR1 route. I can't recall any married couples that were denied at Delhi, but you'll want to check yourself by reading through the past few years of embassy reviews for India.

[thelastpetitioner 218]

i did show many thing, even i show that our photos together, photos with family and friend, i even give them our joint bank account with passbook, i even give them our chat history, our photo while we are chating, phone bill record from 2008 to March 15, because i submit my documents on march 16, even i give them our apartment contract under my fiance name. the cable bills, internet bills, our package, all the records i keep, i give them, hotel bills, boarding pass, etc... but i have doubt that they did not check my documents, because at the time i submit it in vfs, they return me in same condition, like never opened or checked....

All those things are basic evidence anyone would need for an interview specially in middle east and south east Asia embassies. I suggest you go through what happened at the interview one more time, and see if anything went wrong or was answered differently than stated in your paperwork. Even if you do get married and make the same mistake twice you're going to get denied again

[Sahil Kumar 0]

You are right. My documents seemed untouched while I did that in 2010. Even the pics were in the same order.

that is really sucks, i provide alots of proof and all the documents, that they required in 221g letter, but it feel so bad, they even did not check your document.

[Sahil Kumar 0]

Are you from India or the Philippines?

Your flag says India, but it says you live/lived in the Philippines? What did you do in the Philippines?

How much older is your fiance? If she is much older, this is a big red flag to the CO. Also, is your fiance of Indian decent? Or is she from a very different background/culture? If so, that could also be a big red flag to the CO.

Third, were there any questions in particular that the CO pushed you on? If so, please let us know.

The more information you provide about the interview, the better able we are to help you.

yes i am from india, i went to philippines because of my fiancee she want to me live there, so i can learn about her culture and also know about her family and friends and we rent a appartment there, we live there for 1 and half month and than she went back to the usa. yes she is older than me and she is born in philippines but she is a usa citizen from a long time.

CO ask me one question, which i do not understand so i tell him i dont know. because i am honest to him and i did not lie anything.

even i give the police clerance certificate from philippines also.

[R.&S. 2]

OP, People will only be able to give you better advice if they understand relationship background.

Please provide answer to below questions.

Visa type: K1

Consulate: New Delhi

Visa issued (if applicable)NO

221 g issued YES

Gender of beneficiary: Male

Religious difference?

Religious background of beneficiary:?

Age of beneficiary?

Age of petitioner?

Method of meeting (online, in person, etc):?

Engagement Ceremony?

Has beneficiary ever been to the US?

Does beneficiary have relatives in the US?

How did beneficiary acquired US Citizenship?

Family approval in India?

Notarized letters provided?

Co-Sponsor required?

How much time has petitioner spent with beneficiary in person?

Has the petitioner or beneficiary ever been married?

Having child from previous relationship/marriage if any?

Did the petitioner attend the interview:?

yes i am from india, i went to philippines because of my fiancee she want to me live there, so i can learn about her culture and also know about her family and friends and we rent a appartment there, we live there for 1 and half month and than she went back to the usa. yes she is older than me and she is born in philippines but she is a usa citizen from a long time.

CO ask me one question, which i do not understand so i tell him i dont know. because i am honest to him and i did not lie anything.

even i give the police clerance certificate from philippines also.

Edited April 4, 2012 by R.&S.

[Sahil Kumar 0]

OP, People will only be able to give you better advice if they understand relationship background.

Please provide answer to below questions.

Visa type: K1

Consulate: New Delhi

Visa issued (if applicable)NO

221 g issued YES

Gender of beneficiary: Male

Religious difference?

Religious background of beneficiary:?

Age of beneficiary?

Age of petitioner?

Method of meeting (online, in person, etc):?

Engagement Ceremony?

Has beneficiary ever been to the US?

Does beneficiary have relatives in the US?

How did beneficiary acquired US Citizenship?

Family approval in India?

Notarized letters provided?

Co-Sponsor required?

How much time has petitioner spent with beneficiary in person?

Has the petitioner or beneficiary ever been married?

Having child from previous relationship/marriage if any?

Did the petitioner attend the interview:?

Visa type: K1

Consulate: New Delhi

Visa issued (if applicable)NO

221 g issued YES

Gender of beneficiary: Male

Religious difference? I am Hindu and she is christian, but we have no problem with the religion and she is willing to accept the hindu religion also.

Religious background of beneficiary:? Hindu

Age of beneficiary? 28

Age of petitioner? 60

Method of meeting (online, in person, etc):? first we meet online but we also meet in person for 3 times

Engagement Ceremony? no just a private proposoal

Has beneficiary ever been to the US? NO

Does beneficiary have relatives in the US? NO

How did beneficiary acquired US Citizenship?

Family approval in India? Yes

Notarized letters provided? Yes

Co-Sponsor required? NO

How much time has petitioner spent with beneficiary in person? 1st time we meet in person we spend 6 days, 2nd time we meet we spend 1 month and 22 days, and third time we meet we spend, 1 and half month.

Has the petitioner or beneficiary ever been married? Petitioner Yes

Having child from previous relationship/marriage if any? Yes she have 3 kids

Did the petitioner attend the interview:? NO

if you know any immgration lawyer also, please help me... is there is anything that i can appeal ?

[R.&S. 2]

Sahil,

Nothing can be done now as your petition has been returned to USCIS, as per my advice you get married and apply for spouse visa.

Two more questions:

When did the divorce finalize ?

How did beneficiary acquired US Citizenship and when?

Good Luck.

Visa type: K1

Consulate: New Delhi

Visa issued (if applicable)NO

221 g issued YES

Gender of beneficiary: Male

Religious difference? I am Hindu and she is christian, but we have no problem with the religion and she is willing to accept the hindu religion also.

Religious background of beneficiary:? Hindu

Age of beneficiary? 28

Age of petitioner? 60

Method of meeting (online, in person, etc):? first we meet online but we also meet in person for 3 times

Engagement Ceremony? no just a private proposoal

Has beneficiary ever been to the US? NO

Does beneficiary have relatives in the US? NO

How did beneficiary acquired US Citizenship?

Family approval in India? Yes

Notarized letters provided? Yes

Co-Sponsor required? NO

How much time has petitioner spent with beneficiary in person? 1st time we meet in person we spend 6 days, 2nd time we meet we spend 1 month and 22 days, and third time we meet we spend, 1 and half month.

Has the petitioner or beneficiary ever been married? Petitioner Yes

Having child from previous relationship/marriage if any? Yes she have 3 kids

Did the petitioner attend the interview:? NO

if you know any immgration lawyer also, please help me... is there is anything that i can appeal ?

[Bec_Dipu 103]

Age of beneficiary? 28

Age of petitioner? 60

Method of meeting (online, in person, etc):? first we meet online but we also meet in person for 3 times

if you know any immgration lawyer also, please help me... is there is anything that i can appeal ?

There is no way in heck a CO at an Indian embassy is ever going to approve you on a K1. That age difference is MASSIVE. The fact that your fiance is no longer a child-bearing age weighs heavily against you. There are plenty of cases on VJ with this large of an age difference, but hardly ever with the female that much older. If you had any hope at all, she should have spent time in India with you and your family and she should have attended the interview.

It is doubtful an immigration lawyer can help you. If you want to stay on the K1, then your fiance needs to contact her US Senator and get his/her involvement ASAP in keeping the file at the embassy and having a second interview.If you get a second interview, she needs to attend and you should be prepared for difficult questions.

If you choose to attempt the CR1, you should realize that you may still get denied. I haven't seen denials from India on a CR1 when they processed after a K1 denial but the few cases you can look to as an example don't have such a large age difference. If you go the CR1 route, have a backup plan if you get denied there too - e.g. find another place besides the US to live or dissolve the marriage.

I'm not an immigration specialist, so everything I've said may be refuted by others. My response is based on my interactions with others going through the process in India and reading every embassy review for India since 2008. Good luck with your journey.

[catknit 144]

Bec_Dipu speaks the truth...you have a MASSIVE mountain to climb on this one.

Also, if your fiancee got her citizenship through her marriage - even if it was years ago - you just added another MASSIVE mountain.

In no way am I judging your relationship - you two may be soul-mates who will spend many lovely years together. But, from an outside perspective your relationship seems so non-traditional, so against the grain, so different that it would lead a CO to think fraud.

I would actively be looking for a plan B if I were you - living in India, living in the Philipines [she may have some issues marrying there though, the Philipines forum here is a good place to research that]....