Fiancee failed her interview (merged)

[Dieseltu 19]

All I know is they asked her about her previous K1. She said Its because of her previous K1. The guy died in the states before he got her here. But she had an interview. We had all the paperwork about it.

I'm so pissed off that I couldn't go to the interview . Work wouldn't let me.

I didn't plan for the interview failure.

Edited August 1, 2013 by Dieseltu

[vegasbound 83]

Sorry to hear that your application was unsuccessful.

Have you decided on your next move?

Perhaps consider marrying in China and then file the I-130.

[amykathleen2005 441]

What were the exact words of the denial? I don't see how a previous K1 from a deceased person would cause a problem. Did she use the visa?

[Dieseltu 19]

I just called her again. She is super sad. She said they asked her all kinds of questions about her previous K1. It's from 5 years ago. He was diabetic and he died here. And they asked little about me. She said they have the information in their computer that he died. And they told her they have to think about it for 3 months . But she is not approved otherwise.

She didn't get a previous visa. She never left the country. She said her previous K1, interview was denied. And the guy died. From diabetes. I talked to his mom. That's true.

Edited August 1, 2013 by Dieseltu

[dwheels76 5,463]

I just called her again. She is super sad. She said they asked her all kinds of questions about her previous K1. It's from 5 years ago. He was diabetic and he died here. And they asked little about me. She said they have the information in their computer that he died. And they told her they have to think about it for 3 months . But she is not approved otherwise.

She didn't get a previous visa. She never left the country. She said her previous K1, interview was denied. And the guy died. From diabetes. I talked to his mom. That's true.

Okay you have said alot right here "She said her previous K1, interview was denied."

Why was that petition denied? That's what you need to find out. Him dying is of no consequence. Why they were denied is key. Do you know why? Have you seen the 221g? has she ever requested through the FOIA the reasons why.

Ya'll need to have a chat. Sorry this has happened.

[Dieseltu 19]

I just talked to my attorney. Ok. First off I don't know why the first petition was denied. Neither does Yuping. She never requested the reason. I don't know what a 221 G is. Furthermore. My attorney speaks much better English so the Story is changed. From what my fiancée told me . I'm sorry about that.

And he has information about the previous K1. Were making educated guesses. The bottom line is. (We are speculating.) They probably think she wants to come here for a green card. They doubted the previous relationship was serious. They are going to do an investigation . (our opinion) of her background , and the previous case. And According to the interview agent . For 3 months to try and determine her intent.) Before they make a decision. She is not denied or approved. He said he knows the interview person. They concentrated on her previous K1. They brought in a translator. And he said ( opinion) the previous might of filed bankruptcy And they don't think he paid for her expenses. Or other reasons. I asked him They don't trust her.. And he says yes. And attorney says the interview agent is serious, An Ameriasian. About making the right decision. And she wants an investigation before committing to it.

The investigation average is about 3 months. It can be more , perhaps 6.

Saying that. Up until now. I did not understand what the previous K1 failure was about. I still don't but I have more pieces. I saw lot of their yahoo messenger chats . His health was really, really, bad. Diabetic. And she told him they ain't getting married. But he kept coming to visit. Somewhere they decided to do a K1. I can speculate why the previous K1 interview failed. If the embassy saw the messages .

[Sam and Fen 41]

Sorry to hear this. Hope for the best, prepare for the worst.

The bottom line is they (GUZ-stapo) did not believe her when the first K1 was filed and they are not going to believe her now. I am not saying they are right but thats how it looks to me.

[TBoneTX 43,284]

*** Thread moved from the Embassy/Consulate forum to the K-1 Case Progress subforum. ***

[Dieseltu 19]

Hello, Fiancce just got home from Guangzhou. I just saw the letter. The letter states the applicant is not eligable under rules 221G. Its because of a previous K1.

[yomi0518 8]

She is under administrative process ...they told you you need to send any documents....221g is not at denial is just more time to have the final decision

[del-2-5-2014 1,339]

Sorry about that news.

Be strong for your Fiance(e) as it's a devastating occasion but seems that you only need to provide additional evidence?

Edited August 3, 2013 by Gowon

[Kysie & Niall 0]

This may be related to IMBRA limits on K1 applications. Apparently under IMBRA which regulates US Immigration of people using marriage brokers including dating websites there is a limit of K1 applications an individual can have in a certain time period. When I applied for my current K1, USCIS informed me about this because they assumed my prior marriage to a Colombian woman was a K1 and through a dating site when, in fact, it was an I-130 spouse and met through mutual acquaintance.

However, the USCIS indicated it is possible to get a waiver for this. See the US State Department link below. May be someone that has gone through this will see your post and provide more details.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#visa

Best of Luck

[Darnell 8,478]

Well, that's the thing she got on interview day - but

read a bit, or read the entire sheet of paper -

is there stuff in there about 'more time needed for administrative processing'

or

'submit death certificate of prior petitioner'

or

other verbiage/wording?

it won't just say '221g' - there will be more letters/numbers in the 9 FAM code reference. If you see more , post them ?

[milimelo 4,231]

Why open a new topic when you have one open already:

Fiancee failed her interview

[Operator 1,925]

OP you need to dig into this if you want to solve it.

What does a visa denial under INA section 221(g) mean?

A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:

• Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.
• Administrative processing - Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

Is there something I can do about a refusal under section 221(g)?

If your application was denied because documentation or information is missing, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be processed to conclusion to determine whether you qualify for a visa. You have one year from the date you were refused a visa to submit the additional information. Otherwise, if you do not provide the required additional information within one year, you must reapply for the visa and pay another application fee.

If your application requires further administrative processing, this takes additional time after your interview. Processing times can vary based on individual circumstances. For more information, review Administrative Processing.

http://travel.state.gov/visa/frvi/denials/denials_1361.html