Denied K-1 in Egypt

[sweetlymystic 19]

I apologize for the delay in posting our experience but I was in shock---Sadly we were denied. The consular never looked at any evidence Amr had with him. Asked a few questions which Amr answered correctly about us. Consular insisted that Amr knew me when married to his first wife(they divorced March 2010) We only began talking March 2011. Consular said I deny your visa on his feeling. Even after Amr told him I never knew Melissa until a year after my divorce.

I want to thank so many on here for their advice,kind hearts and prayers.Without them this would even be a worse situation. I know we will persevere ..God has giving us the most powerful ally which is Love. And with that we most be fearless and not let any man stand in our way.

Prayers are stronger than words written"denied" I love my God and I know he will carry us thru this.

I have emailed the consular countless times only to receive the same response"your case will be sent to USCIS for review and readjudication". I pray we will get an appeal in our favor...but as of now, I do not know what else we can do. Any suggestions I am open arms to them.

Thank you again ...

[Ning 619]

I apologize for the delay in posting our experience but I was in shock---Sadly we were denied. The consular never looked at any evidence Amr had with him. Asked a few questions which Amr answered correctly about us. Consular insisted that Amr knew me when married to his first wife(they divorced March 2010) We only began talking March 2011. Consular said I deny your visa on his feeling. Even after Amr told him I never knew Melissa until a year after my divorce.

I want to thank so many on here for their advice,kind hearts and prayers.Without them this would even be a worse situation. I know we will persevere ..God has giving us the most powerful ally which is Love. And with that we most be fearless and not let any man stand in our way.

Prayers are stronger than words written"denied" I love my God and I know he will carry us thru this.

I have emailed the consular countless times only to receive the same response"your case will be sent to USCIS for review and readjudication". I pray we will get an appeal in our favor...but as of now, I do not know what else we can do. Any suggestions I am open arms to them.

Thank you again ...

I dont understand the conflict here. You should be simply waiting now for your god to determine what is to happen. There is nothing left to do which is why this is so simple.

The U S govt has denied your K 1 visa because they dont believe your story. That isnt going to change unless you change the story. Do that by getting married and filing for a C R 1 visa. It isnt a man that stands in your way its a govt.

[NigeriaorBust 4,087]

Some people would be trying for a second joint interview before the petition is sent back , but those are normally where they doubt the relationship. Knowing people while you are married isn't illegal, do you mean that you started a relationship in a polyamous manner ( you aren't married so that is also not possible ) Most people with a denied K1 will rush off and marry and submit the I130 based on marriage thinking that is the solution. The real solution is showing that the consulate was wrong in their denial. We went for a seond K1,as we didn't need to wait and you actually need more proof of a wedded relationship than a fiance one. The choice is yours. Have Amr write down everything that happened that day and go over it to see if anything else bothered the CO. Decide what you want to do next. You can try to involve your representive but that would be a waste if you are switching to a CR1. With a K1 there is a chance that it will be declared expired ( happens more often in CSC) instead of reaffirmed of NOIR'd

[sweetlymystic 19]

Yes ..Amr and I never knew each other beginning March 2011----his divorce was finalized March 2010(1 year prior). We have reviewed everything and every question asked by the consular...the only remark he made was"I believe you knew Melissa when you were married...and I have experience in my field..Sorry No Visa" ------This is all he said. With last remark.."I will also tell USA the same"

I hope to receive advice from anyone who has had their visa denied and sent back to USCIS and waited to see if they were re-affirmed.

I do not want to fly and marry there and have to re-apply and wait another year-- only to come back and find that USCIS did not agree with consulars decision and is sending back for another interview.I have requested a joint interview and also emailed my congressman.I feel his decision was very unjust ,especially with his comment for the denial.Maybe it is quite possible the consular needed a new pair of glasses to see the difference between 2010 and 2011.

Edited February 24, 2013 by sweetlymystic

[NY_BX 397]

I apologize for the delay in posting our experience but I was in shock---Sadly we were denied. The consular never looked at any evidence Amr had with him. Asked a few questions which Amr answered correctly about us. Consular insisted that Amr knew me when married to his first wife(they divorced March 2010) We only began talking March 2011. Consular said I deny your visa on his feeling. Even after Amr told him I never knew Melissa until a year after my divorce.

I want to thank so many on here for their advice,kind hearts and prayers.Without them this would even be a worse situation. I know we will persevere ..God has giving us the most powerful ally which is Love. And with that we most be fearless and not let any man stand in our way.

Prayers are stronger than words written"denied" I love my God and I know he will carry us thru this.

I have emailed the consular countless times only to receive the same response"your case will be sent to USCIS for review and readjudication". I pray we will get an appeal in our favor...but as of now, I do not know what else we can do. Any suggestions I am open arms to them.

Thank you again ...

In order for us to help you, I think you should list any red flags you may have.

If your timeline is correct, the Consular used his prior marriage as an excuse. Just to clarify they DO look at the evidence. If you sent it with your K-1 packet, they take time to read it. I went to my fiance's interview and I can assure you they do. I saw many things written in several pages. The first thing they see are the tax returns. Then they scan through all the evidence. Something was off, including his prior marriage.

For us to help you we'll need more information- if you're able to provide it.

Age difference?

religion difference?

were there pictures with you and his friends/ family?

How many visits?

Any children?

Divorces?

[sweetlymystic 19]

In order for us to help you, I think you should list any red flags you may have.

If your timeline is correct, the Consular used his prior marriage as an excuse. Just to clarify they DO look at the evidence. If you sent it with your K-1 packet, they take time to read it. I went to my fiance's interview and I can assure you they do. I saw many things written in several pages. The first thing they see are the tax returns. Then they scan through all the evidence. Something was off, including his prior marriage.

For us to help you we'll need more information- if you're able to provide it.

Also we did not front-load only the basics with about 10 pictures ...He had all the evidence with him including more pictures 2 large binders with chats and screenshots of him and his family and mine conversing(but none was looked at)

Age difference?10 years he is 31 -I am 41

religion difference?He is Muslim -I am Christain

were there pictures with you and his friends/ family?Alot of pictures of me with his family-He looked at them and just handed them back

How many visits?1

Any children?I have 4

Divorces?1 divorce for him(no children) and I divorce for me(4 children) I have been divorce since July 1999

[NY_BX 397]

Also we did not front-load only the basics with about 10 pictures ...He had all the evidence with him including more pictures 2 large binders with chats and screenshots of him and his family and mine conversing(but none was looked at)

Age difference?10 years he is 31 -I am 41

religion difference?He is Muslim -I am Christain

were there pictures with you and his friends/ family?Alot of pictures of me with his family-He looked at them and just handed them back

How many visits?1

Any children?I have 4

Divorces?1 divorce for him(no children) and I divorce for me(4 children) I have been divorce since July 1999

Too many red flags:

He is 31 and you're 41. 10 year difference is not bad, but you may be outside of child bearing age, especially when you already have 4 kids. That's a HUGE red flag given the cultural practices of the region.

He did see the pictures, good.

1 visit is also a red flag. How long did you stay? It always recommended to see each other more than once. At my interview they asked ME point blank how many times I've visited and how long did I stay in each visit.

The biggest issue you have is you did NOT front load the petition after only 1 visit. That was your biggest mistake. You can't rely on bringing all the evidence at a high fraud country. That's a BIG problem.

With this little information I can see how they had made up their mind before he even did his interview. They truly believe this is a scam. Are you sending him money? If you are, did he show receipts? That could've been the last nail.

This is NOT my personal opinion. Remember, this is what the Consular may have perceived.

[sweetlymystic 19]

I have never sent him money and he has never asked for any. I was hoping they would tell him(he sent an email) requesting the reason for his denial so we can see what code they placed it under. As I said before, The Consular just said he felt (Amr) knew me when he was still married and could not grant the visa.

I am just asking for advice...If anyone has had a similar situation whether it is best to wait the 3 months to have USCIS to inform the reason for denial and find out if they will allow it to be appeal or would it be better to go and marry(forget about the wedding plans here)use the money to start a spousal visa.

The Consular,s decision I am sure was made before Amr was at the window. He was 2nd there and they called everyone and waited until no one was left to call him to be interviewed.

Edited February 25, 2013 by sweetlymystic

[N-o-l-a 7,167]

I have never sent him money and he has never asked for any. I was hoping they would tell him(he sent an email) requesting the reason for his denial so we can see what code they placed it under. As I said before, The Consular just said he felt (Amr) knew me when he was still married and could not grant the visa.

I am just asking for advice...If anyone has had a similar situation whether it is best to wait the 3 months to have USCIS to inform the reason for denial and find out if they will allow it to be appeal or would it be better to go and marry(forget about the wedding plans here)use the money to start a spousal visa.

The Consular,s decision I am sure was made before Amr was at the window. He was 2nd there and they called everyone and waited until no one was left to call him to be interviewed.

This is from anecdotal evidence and what has happened with my own returned I-129F. The Vermont Service Center tends to just hold the returned I-129F and doesn't re-adjudicate them. I think you can file a FOIA request to see exactly what is in the file, but perhaps by the time you are married and ready to send the I-130 the information will come back. I don't know if I would file the I-130 until I had identified and fixed the issues that led to the initial denial.

[destiny64 222]

From personal experience, your k-1 will just sit when it returns and will not be reviewed. I married and filed again for CR-1. Front loading is the key to applying for any visa, evidence is rarely taken at the interview. K-1 visas are always saved for last at the embassy's it seems, so your case was no different. Judging from what you stated the consular said, its his feeling that your fiance divorced his wife while knowing you , and my intuition tells me he is assuming that once your fiance gets to the states he will leave you and remarry his wife.

Do not wait for your current application to be reviewed , you will wait in vain. I waited nearly a year for ours to be reviewed only to find out from the senators office , k-1s are basically closed when returned. Even now if I look on their system the k-1 is still under review from 2010 .

Reapply for k-1 and give all proof upfront, or get married and then give all evidence up front. Evidence at the interview is too late, they have already made their decision.

Good luck and be strong!

[Dr. A ♥ O 203]

I'm so sorry to hear this news. My only suggestion would be that if you're serious about this relationship, without any doubts or reservations, then forget the K1 visa and go for the civil marriage in his country and file for a marriage based visa, or if you are capable then move to Egypt marry and live there for some time.

[Villanelle 4,121]

I have never sent him money and he has never asked for any. I was hoping they would tell him(he sent an email) requesting the reason for his denial so we can see what code they placed it under. As I said before, The Consular just said he felt (Amr) knew me when he was still married and could not grant the visa.

I am just asking for advice...If anyone has had a similar situation whether it is best to wait the 3 months to have USCIS to inform the reason for denial and find out if they will allow it to be appeal or would it be better to go and marry(forget about the wedding plans here)use the money to start a spousal visa.

The Consular,s decision I am sure was made before Amr was at the window. He was 2nd there and they called everyone and waited until no one was left to call him to be interviewed.

I dont see how knowing the exact denial code is going to make a difference. Any denial code in the category of 'suspected for immigration benefits' or 'failed to establish relationship' can be appealed. It seems if the CO said " (he) knew me when he was still married and could not grant the visa" then its 'suspected for immigration benefits'.

NY_BX tried to address what possibly couldve caused the denial which is something you need to consider because if you dont address the issue, appealing it is only going to cause the same result.

Nola and destiny explained to get the denial code- wait for the file to come back and request FOIA to review it and then subsequently appeal it (if youre sure you can win it) It most likely will take a long time and theres no guarantee of success in the appeal. (it takes a long time to come back and a long time for FOIA)

Most people who are denied refile. Either with another K1 or with the spousal.

It may seem like on the surface, well we are denied we can move forward from here and keep the momentum but you cant. You go to the bottom of a very deep hole. It takes a long time to dig your way out. You have to wait to get sent back to the beginning (VSC) and then gather up all kinds of things (FOIA), new evidence, and go through an appeals process.

You can very easily place yourself at the starting line again quickly with out waiting to be sent there, and like destiny said- frontload your petition this time. (If you do do another K1, you will have a somewhat 'appeal' because the CO will see the previous denial so your second K1 interview will be your 'appeal' of the first. Even though its technically not called an appeal, thats what it is- The CO is going to see the reason why you were denied and youre going to be sitting there again with a chance to explain why they were wrong and to prove your relationship is legitimate.)

Whatever visa you pursue- I would request the first K1 records through FOIA, so you are prepared. Because the CO is going to be able to see them, so its only fair that you know what they say as well.

[Sarah Elle-Même 660]

Sorry to hear about your denial, Sweetly. I think NY_BX and Capri gave you some great advice as to how to proceed. Many other people have been in the position you are in now (in fact a few of them replied to you on this thread already) and some have been able to overcome it through perseverance and hard work. Wishing the best of luck to you.

[Lillen Faith 5]

In order for us to help you, I think you should list any red flags you may have.

If your timeline is correct, the Consular used his prior marriage as an excuse. Just to clarify they DO look at the evidence. If you sent it with your K-1 packet, they take time to read it. I went to my fiance's interview and I can assure you they do. I saw many things written in several pages. The first thing they see are the tax returns. Then they scan through all the evidence. Something was off, including his prior marriage.

For us to help you we'll need more information- if you're able to provide it.

Age difference?

religion difference?

were there pictures with you and his friends/ family?

How many visits?

Any children?

Divorces?

What has age difference got to do with anything? If the female's age is 20 and the male's age is 40, I can understand the issue...but if it was like, ex male 50 and female 30 ?

[NY_BX 397]

What has age difference got to do with anything? If the female's age is 20 and the male's age is 40, I can understand the issue...but if it was like, ex male 50 and female 30 ?

In MENA countries that's a big problem, when the female is older, especially if she's outside child bearing age. Cultural practices.

I dont see how knowing the exact denial code is going to make a difference. Any denial code in the category of 'suspected for immigration benefits' or 'failed to establish relationship' can be appealed. It seems if the CO said " (he) knew me when he was still married and could not grant the visa" then its 'suspected for immigration benefits'.

NY_BX tried to address what possibly couldve caused the denial which is something you need to consider because if you dont address the issue, appealing it is only going to cause the same result.

Nola and destiny explained to get the denial code- wait for the file to come back and request FOIA to review it and then subsequently appeal it (if youre sure you can win it) It most likely will take a long time and theres no guarantee of success in the appeal. (it takes a long time to come back and a long time for FOIA)

Most people who are denied refile. Either with another K1 or with the spousal.

It may seem like on the surface, well we are denied we can move forward from here and keep the momentum but you cant. You go to the bottom of a very deep hole. It takes a long time to dig your way out. You have to wait to get sent back to the beginning (VSC) and then gather up all kinds of things (FOIA), new evidence, and go through an appeals process.

You can very easily place yourself at the starting line again quickly with out waiting to be sent there, and like destiny said- frontload your petition this time. (If you do do another K1, you will have a somewhat 'appeal' because the CO will see the previous denial so your second K1 interview will be your 'appeal' of the first. Even though its technically not called an appeal, thats what it is- The CO is going to see the reason why you were denied and youre going to be sitting there again with a chance to explain why they were wrong and to prove your relationship is legitimate.)

Whatever visa you pursue- I would request the first K1 records through FOIA, so you are prepared. Because the CO is going to be able to see them, so its only fair that you know what they say as well.

Great point. If you appeal without addressing the issues I pointed out, you will lose.