Denied K-1 Reaffirmed??

[lital 0]

My fiance had his K-1 interview on March 1, 2013, in Delhi, with the outcome being denial 212(a)(5)(a).

Well I've been in India since April, but we haven't gotten married yet... And randomly today, I got 2 emails from USCIS. My case was set to expire in April, so honestly I though I'd never hear from them again after getting denied in March.

The first email:

Your Case Status: Post Decision Activity


On June 13, 2013, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

The second email (received 2 hrs after first one):

On June 13, 2013, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

I'm so confused now. Does this mean the K-1 was reaffirmed? Is it at a USCIS office or being sent to DOS??

I called DOS, and they told me the case is in Administrative Processing. hmmmm. Any ideas what this means? I'm staying put in India anyway, so if there is a second interview I'll definitely be there. Would the Delhi embassy know anything more than DOS?

Any insight greatly appreciated

[Trina & Bhupi 1]

I am so sorry to hear about your denial but, am hopeful for you that your fiance will get another interview. Would you mind sharing with me the reason for your denial? My fiance is interviewing at the New Delhi embassy as well and from what I've read they can be very tough over there. Thanks so much!! Try to stay positive

[Jarun 1]

Wish that was more positive after the denial, but we received the same two emails April 26 - 30 minutes apart, as well as another VJ member. After being happy about reaffirmed, we were told to "disregard" the reaffrirmed email - the relevant one is it is under review at USCIS. Wish it was the opposite for all of us. We called NVC every week and they had not received the petition back so it is still "under review" at USCIS.. USCIS says to wait your turn, etc - they have up to 180 days from receipt to complete. We are filing another K-1 in the meantime. Either way it is six months at least. Also received an email from NVC after inquiring and they said the validity periods would expire which did not preclude us from filing another petition. So here we go!

[lital 0]

Thanks for the info... I'll keep calling and see what I can find out. I'm not getting my hopes up too much, and do not expect anything to go quickly anyway.

[TBoneTX 43,043]

Or, set an InfoPass appointment and get an answer while looking someone right in the eye.

[lital 0]

Or, set an InfoPass appointment and get an answer while looking someone right in the eye.

InfoPass at Delhi embassy? Would they know anything more or be able to do anything? I'm in India, so worth doing?

[catknit 144]

Well - it is VSC, so there is at least a chance for a re-affirmation.

I tried to look for other topics that you've started to see if there is more info about your case other than your timeline, but I don't see much.

With the 212(a)(5)(a) - it could darn well be anything - that's sort of a catch all to refuse a visa.

Going to the embassy won't really do much for you given your current situation. If you were on AP or if you knew the re-affirmation was granted, I would say go to the embassy to followup as your schedule allows [that's what I did with our re-affirmation and I know we got into the interview queue a good month ahead of 2 other couples in the exact same boat with the exact same reaffirmation date].

If you're in India and have the means to stay longer term [X visa, PIO, OCI] and find that giving up on this K1 makes the most sense - I'm not saying it does, just if you weigh all the options, etc and getting married now makes more sense - look at the possibility of DCF.

Unless you really, really, really want to get married in the US, getting married in India and filing the CR1 or DCF seems to be a safer bet especially when the Delhi consulate starts one of their "refuse K1s!!!" benders [it happens every now and again if you look through the history here].

[sherryandyashpal 7]

My husband and i had the same sort of correspondence in 2011 when we tried the k-1, we also went through delhi... for us it meant nothing and in 6 months they sent another letter saying we were welcome to reapply or to get married and go for CR-1... hopefully your means something more positive.. wish you the best

[lital 0]

I've got a PIO card, so prior to getting the confusing emails, the plan was to get married in India, stay, and try for DCF. So will probably stick to that. Don't want to risk living apart and getting hit with the same 'lack of proof of valid relationship' at interview.