K1 visa refused after 2 months from interview

[upgrade2012 3]

Hi guys I am really depressed after hearing from the Consulate after 2 months from the interview that we cannot proceed with the case and its going back to USCIS for review. I haven't received letter from them yet so don't know the exact reason why refused.

I had an interview scheduled on 1 November 2012 at 9:30am at Auckland Consulate General, NZ. Arrived around 9:15am and after crossing the security guards, a very lovely and friendly lady collected all my documents from me and she also told me few more documents that she needed from me. After that she asked me to pay the visa fee and wait for the officer to call me for an interview.

Paid visa fee at 9:40am

10am - still waiting

10:30am - still waiting

Applicants walking in, are getting interviewed and they are leaving the building.

11:30 - everybody left, only me in the office and the staff.

11:40 - officer called my name

FINALLY!! I was walking to the window and interview started. He started with simple questions like my fiancee's name, how we met, when we got engaged and all. Then there was pause for a while and officer started asking me questions like have you got a girl friend here in NZ or has she got a bf in States. I was like WT****!!! I said no no way. He then asked me if I was dating someone in the past and if she was dating?

Then all of sudden questions came up from my bebo page which I created few years back(Teenage) and never used. Questions were like, who's this girl ? I was just standing and thinking, then I said yeah old friend, she used to work with me long time back. Then more questions about few other people who were on bebo came up!

Finally I was asked some more questions about my family, my job and my qualification. Though we came to an end but no then questions about my fiancee started again. What colour does she like? Her favourite kind of music and what side of the bed she sleeps? I was like "SORRY"?? Officer repeated I mean how does she like to sleep, on her back or..?

This wasn't the end, I was asked few more awkward questions like Why will I marry her in next few months and why my job is not relevant to my studies. Also, questions like have I ever been to Germany and all!

At the same time officer was also going through all the documents and was giving me a funny look as if it was all joke.

Next minute, he chuck my passport out through the window(he literally did) and said that my case is still pending and waiting for the documents. And he handed over me the refusal letter with list of required documents.

I was shocked and literally in tears nd ask officer slowly, is it a refusal? He said no bring these! said see you and left.

And this interview took about an hour.

12:45pm - Interview Finished

(I FELT LIKE I WAS BULLIED AND TREATED IN AN EXTREMELY BAD MANNER)

This wasn't all, after a week (7th Nov 2012) I went with the list of the documents that they asked for and the lady said that I need one more document!! After about 3 weeks (29th Nov 2012) I went with that last document and case officer(Lovely lady) said that I am not sure if that's all but I will give you a ring in the evening if we need any more documents or not! She noted my number and I left. No body called me that day, next day i couldnt wait and on top of that my lady was forcing me from US to call her and ask, how's it?.

(4th December)When I called her she said I think thats all the documents that we need and now she will email me after officer tells her something, hopefully today or tomorrow. No communication again. I called on 7th December and I was informed that officer is going on leave till 17th December and I will be informed after that. 28th December in the morning I was informed that my application had been Denied and is going back to USCIS for review!!

Me and my fiancee were heart broken and were really disappointed.

I really dont know what to do now! Should we do appeal or should we just get married and apply for K3 visa.

Please guys, I really need your assistance.

[Andie 147]

I'm confused about this... you're from India (Citizenship) and living in NZ and your fiancee is a US citizen ?

Have either of you applied for a K1 previously?

[upgrade2012 3]

Hi, Yes I am Indian citizen but residing in New Zealand and my Fiancee is US citzen and never filed any petition for anyone before.

[Pitaya 2,576]

I'm confused about this... you're from India (Citizenship) and living in NZ and your fiancee is a US citizen ?

Have either of you applied for a K1 previously?

Me too…

OP:

Welcome to the forum.

BTW: The K-3 is obsolete. If you go that route you should file for IR-1/CR-1 spousal visa.

Good luck.

[Cathi 5,609]

if you get married you file I-130 for CR-1 visa. the k-3 is obsolete and rarely, if ever granted. you would go the CR-1 route. best if you studied the guides at the top of the page.

[Andie 147]

Hi, Yes I am Indian citizen but residing in New Zealand and my Fiancee is US citzen and never filed any petition for anyone before.

Ok.. I think an appeal is probably going to be a lengthy process and no guarantees that the result will be any different.

Whatever their reasoning, it will be difficult to change in view of what happened at the embassy. Getting married and filing for a CR-1 is the better option. yes, and follow the guides so you know in advance what is required for the visa process.

[Janelle2002 3,865]

Find out why they denied you. And just a suggestion, but maybe you should deactivate your social media until after you finish this process. Even if you take down the pictures you have with your female friends if they tag you it can still show up. We deactivated everything we have. We dont want them mistaking anyone for a girlfriend or boyfriend and they are not. I am really sorry and I wish you luck with your marriage.

[Penguin_ie 5,984]

I agree with Janelle- before you appeal or marry and file a CR-1, you need to find out why exactly they denied you so you can remove that problem.

These are very strange questions for a CO to ask, they suspected something before you went to interview. Could a jeallous ex have called the consulate and said something? I have never heard of them asking about CURRENT girlfriends/ boyfriends before. You mentioned no previous filings, but are there any other red flags such as recent divorce, big difference in age or religion, only short/ few visits etc?

[Darnell 8,478]

perhaps they found you on an indian matrimonial web site? Look, I know parents get involved with this stuff, so you might want to check in with your parents and ask them if they ever made profiles for you to find suitable (to them) spouses for you.

[bigdog 376]

Me too…

OP:

Welcome to the forum.

BTW: The K-3 is obsolete. If you go that route you should file for IR-1/CR-1 spousal visa.

Good luck.

:thumbs:yep, no k-3 if you file it will be converted. It is on the books but not used.

[d and c 2]

Hope you'll hear betternews after the uscis review. just keep praying.

[Cathi 5,609]

Ok.. I think an appeal is probably going to be a lengthy process and no guarantees that the result will be any different.

Whatever their reasoning, it will be difficult to change in view of what happened at the embassy. Getting married and filing for a CR-1 is the better option. yes, and follow the guides so you know in advance what is required for the visa process.

Getting married will not help him overcome the reason for the denial. First he needs to find out the reason for the denial, address those issues, then get married and file an I-130 for CR-1. If the underlying issues from the denial are not taken care of, he will have the same problem with another petition and visa.

[aamirpearl 47]

Thats is weird how the hell they found out about ur past ??

[catknit 144]

perhaps they found you on an indian matrimonial web site? Look, I know parents get involved with this stuff, so you might want to check in with your parents and ask them if they ever made profiles for you to find suitable (to them) spouses for you.

That would explain a lot and I *totally* could see a family doing that on the sly.

To the OP - oldest trick in the scammer's book - woo an unsuspecting American with words of undying love, get the GC, get the citizenship, drop her like a hot potato and then sponsor your desi girl. Look, I'm not saying that is what you are doing. BUT, part of your job in presenting your relationship/case to the consulate is to convince the CO that this is all on the up and up. Old profiles showing anything remotely questionable gets your case sent back to USCIS thanks in large part to all those Indian guys that did [and continue] to scam. You're paying for their past sins - sad but true.

Anyway, start looking at your relationship and case with the eyes of cynical CO. You'll see the phrase "red flag" used a lot - age differences, religion differences, divorces, kids from prior relationships, looking like an oddball match [for example, you're a PhD with a tenure track lecture position and she's a high school drop out with 2 kids working at the local fast food joint], anything like that???

Did you spend a decent amount of time together? Did you follow any cultural traditions for the engagement? What about family meetings??? COs familiar with South Asian traditions may look at a case presented to them lacking those features as "questionable".

You need to try and get to the bottom of why your case was sent back. You will never get a hard and fast answer - but start thinking about it. Short of a posting on shaadi.com from your busybody aunt - something will most likely stand out to you. Then, you need to work on trying to fix that problem.

[upgrade2012 3]

Thanks there,

I guess red flag in our case could be short visit. Me and my fiancee were together for about a month in the last 12 months.