K-1 visa denied under Sec 212 A 5a

[ntb 0]

My fiance's visa was declined under Sec 212 A 5 a. Her interview was at Mumbai in Jan. The CO asked her a few basic questions and when he looked at one of the engagement photos he mentioned to her that it looks like we are getting married. In the end he handed her a 212 g letter which stated that at he moment they needed more paperwork. Since Mumbai is like a 2 night train ride/or a 12 plus hour flight including 4 hr initial harrowing taxi ride from the himalayan foothills and transit stops, we opted to have paperwork delivered at a consulate designated dropoff/ pickup location in Kolkata( which is an overnite train trip). After about 40 plus days since she delivered the necessary documents, she went back yesteday only to be handed the denial letter. According to my online research Sec212 A 5 a is used in cases when they feel the relationship is not legit, even though it falls under work related category. Also during the interview the CO asked my fiance if she was aware that i was previously married and that i had a daughter. I'm surprised as we had also submitted a notarized letter from my ex wife satating her support best wishes for me and my fiance. After the initial I 129 F filing USCIS asked for more evidence.ie 1: marriage termination 2: intent to marry 3: form G325A. 4: requirement that petioner and benefiaciary have met in person.5:Violation of customs. After submitting a ton of documents, receipts, photos, witness letters etc the uscis approved the I 129 F and forwarded it to NVC. I am shocked at this outcome . I don't kknow what i should do. Should i get a lawyer and fight this or should i just get married and file as a spouse. Our lives are on hold.Please HELP!!!

[duraaraa 203]

Try to get in touch with the embassy as soon as possible, before they return it to USCIS. If that fails, it's not going to be easy, unfortunately. India is notorious as one of the hardest countries to have K-1s approved. Get in touch with them ASAP, and plead your case. It's possible they will reconsider (I have seen it in the past) so long as the application was not returned to USCIS already.

[ntb 0]

Try to get in touch with the embassy as soon as possible, before they return it to USCIS. If that fails, it's not going to be easy, unfortunately. India is notorious as one of the hardest countries to have K-1s approved. Get in touch with them ASAP, and plead your case. It's possible they will reconsider (I have seen it in the past) so long as the application was not returned to USCIS already.

Thank you for your reply. Are you familiar with such cases. I will definitely call.What are the chances of our case being reconsidered and on what grounds wil they reconsider?

[learningus 6]

I am no expert, however, if your denial was based on lack of bonafide relationship, then getting married and figuring out what went wrong the first time around would help with your next petition. My K1 was denied too in 2011, we married and file 130, no RFE and approved at 10 months. You can check my timeline as we are now at the NVC stage and waiting for a case completion. I am sorry for your denial, but I understand because I have been there. Go get marry after you figure out what went wrong with the first petition. It will just be sent back and will likely expire. Good luck.

[ntb 0]

I am no expert, however, if your denial was based on lack of bonafide relationship, then getting married and figuring out what went wrong the first time around would help with your next petition. My K1 was denied too in 2011, we married and file 130, no RFE and approved at 10 months. You can check my timeline as we are now at the NVC stage and waiting for a case completion. I am sorry for your denial, but I understand because I have been there. Go get marry after you figure out what went wrong with the first petition. It will just be sent back and will likely expire. Good luck.

THank u for your reply. Do u have to go for an interview even after 130 approval? i'm asking because our I 129 was also approved but the consulate denied the visa. Also do i ask the consulate the details of what was insufficent or do i call USCIS??

[duraaraa 203]

Try to get in touch with the embassy as soon as possible, before they return it to USCIS. If that fails, it's not going to be easy, unfortunately. India is notorious as one of the hardest countries to have K-1s approved. Get in touch with them ASAP, and plead your case. It's possible they will reconsider (I have seen it in the past) so long as the application was not returned to USCIS already.

Thank you for your reply. Are you familiar with such cases. I will definitely call.What are the chances of our case being reconsidered and on what grounds wil they reconsider?

You will have to call and keep calling as much as you can until you get through to someone with control over this situation.

I am not personally familiar with this situation, but I have read about them. For example, someone was denied, but their fiance in the US called the embassy and managed to negotiate a second interview, in which an approval was given.

My personal plan for my fiancee's interview is that if it does not go well, call and beg until I get a second chance.

Edited March 21, 2013 by duraaraa

[duraaraa 203]

I should add that this is a matter with emergency timing. If you wait too long, they will have sent the case back to USCIS with a recommendation to revoke, and it will be too late for you to get any consideration from the embassy. Call them today, as much as possible, and don't give up until you're sure there's nothing you can do.

[learningus 6]

USCIS does not have your case yet, the consulate will send it back for review. Usually when a K1 is denied at the consular level, unless you are able to get a second interview the case will be returned to USCIS and then it will expire. If your love is genuine and you can prove bonafide relationship per your denial then I would say go to India, get marry and submit your I130 petition with lots of proof, like pictures, email, phone logs, just front load your application and once it approve at the USCIS stage, you will go through the NVC stage and yes have another interview.

[ntb 0]

I should add that this is a matter with emergency timing. If you wait too long, they will have sent the case back to USCIS with a recommendation to revoke, and it will be too late for you to get any consideration from the embassy. Call them today, as much as possible, and don't give up until you're sure there's nothing you can do.

THank u. My fiance received the letter yesterday. I will call them tonight as its morning out there. Hope its not too late.

[RR136 5]

I am no expert, however, if your denial was based on lack of bonafide relationship, then getting married and figuring out what went wrong the first time around would help with your next petition. My K1 was denied too in 2011, we married and file 130, no RFE and approved at 10 months. You can check my timeline as we are now at the NVC stage and waiting for a case completion. I am sorry for your denial, but I understand because I have been there. Go get marry after you figure out what went wrong with the first petition. It will just be sent back and will likely expire. Good luck.

This is not entirely true since you still have to go thru the interview again and possibility of denial exists. I read somewhere that most often such cases are put on AP by IO and they let the application expire and make the applicants resubmit medical s, pcc etc, dont know why.

In your case, I recommend to beg for reconsideration at consulate and also visit her and collect more evidence...family pix, functions, parties plays huge role in indian consulates...more the better.Good luck!

[ntb 0]

This is not entirely true since you still have to go thru the interview again and possibility of denial exists. I read somewhere that most often such cases are put on AP by IO and they let the application expire and make the applicants resubmit medical s, pcc etc, dont know why.

In your case, I recommend to beg for reconsideration at consulate and also visit her and collect more evidence...family pix, functions, parties plays huge role in indian consulates...more the better.Good luck!

Thank u for your advice. I had submitted loads of photos, receipts etc to the uscis too. Does the uscis share all this with the consulate? i'm asking coz the CO asked my fiance for the same documents that had been previously been submitted. We submitted everything again.

[ntb 0]

Thank u all for your advice. I just called the Mumbai Consulate.The operator couldn't get me anyone on the phone to address my issue and kept saying it was at the consulate discretion to approve or deny a K1 visa. He could not tell me why it was denied. I have also sent them an email literally pleading for them to reconsider our case. Please pray for us guys.

[RR136 5]

Thank u for your advice. I had submitted loads of photos, receipts etc to the uscis too. Does the uscis share all this with the consulate? i'm asking coz the CO asked my fiance for the same documents that had been previously been submitted. We submitted everything again.

I would think they share everything, hope your fiancee was able to provide everything as well. Red flag in your case most likely is previous marriage. I'm not sure abt calling DOS might be give u some more details, would try anyway.

[bigdog 376]

I am no expert, however, if your denial was based on lack of bonafide relationship, then getting married and figuring out what went wrong the first time around would help with your next petition. My K1 was denied too in 2011, we married and file 130, no RFE and approved at 10 months. You can check my timeline as we are now at the NVC stage and waiting for a case completion. I am sorry for your denial, but I understand because I have been there. Go get marry after you figure out what went wrong with the first petition. It will just be sent back and will likely expire. Good luck.

:thumbs:seems like a good plan B.

[ntb 0]

THank u. My fiance received the letter yesterday. I will call them tonight as its morning out there. Hope its not too late.

I called the embassy but the operator couldn't get me anyone involved in the case . I sent them an email. This morning i receive the following reply. I really dont understand what it means.ie; the case of applicant and is still in the process of being reviewed...?????

Case Reason: Hold case/221 G & Refusals/214B

Public Response: Dear Applicant,

Thank you for writing to the U.S. Visa Service Desk.

With regards to your query, the case of applicant has already been escalated and is still in the process of being reviewed. We will contact you as soon as we recieve a response, alternatively, you may contact us again at a later date.

For your reference:Case-xxxxxxxxxxxxxxxxxxx

We hope this answers your queries.

Have a pleasant day!

Yours sincerely,

U.S. Visa Service Desk