K-1 visa once approved and now being denied

[Chealse 0]

Hello everyone, As anyone K-1 visa once approved during the interview and being denied after? This is very hurtful!!! My fiancée and I can't get over it after all the stress the consular took us through. Our K-1 visa was once approved during the stroke interview and now being denied. We want to follow up the case and see where it leads. Any constructive advice would be greatly appreciated.

[Harpa Timsah 13,258]

Why do you think it was approved? If it is approved they give it you.

[Ebunoluwa 6,136]

You did not give enough details about the stokes interview and why you had one in the first place.
It sounds like they initially approved you and then reconsidered or found something that changed their minds.

Did they put you in AP after the stokes ?

You did not give a time gap between approval and refusal. The same day ? A months or what ?

What was the reason given on the 221g letter that you have received after the refusal ?

Hard to advice you on your next step without details.

[Chealse 0]

When I had the first interview the consular officer gave me a 221g form requested a joint interview with the petitioner. My fiancée and I attended the second interview and we were interviewed separately. After the stroke interview consular told us that we APPROVED and that I should mail back my passport to them as soon as I returned back to the country of my residence which I did. My fiancée email the consulate about 10days of mailing out my passport to confirm if they received my passport because our case status has not change from "Ready" to nothing. The response we received from the consulate was the visa is in review and they are expect to unable to issue the visa but the final determination as simply yet not been made. And that they realized that the K-1 visa time frame is running out. You will need to petition for your spouse after you married.

[Ebunoluwa 6,136]

Did they tell you that the petition has been returned to USCIS or is it still at the embassy in review ?

A CO can take care of an expiring petition, they can't keep it and say it is expired at the post.

They can return it to USCIS for review where it will expire and then your fiance can re file or you can marry

and file a CR1.
So....where exactly is your case now ? Still at the embassy or has it been returned to USCIS

for "review" ? If it is in review still at the embassy then why would they tell you to marry and file again

that makes no sense unless the review is complete and the answer is no.

Please clarify the last part of your post.

Edited October 11, 2013 by Ebunoluwa

[dwheels76 5,468]

When I had the first interview the consular officer gave me a 221g form requested a joint interview with the petitioner. My fiancée and I attended the second interview and we were interviewed separately. After the stroke interview consular told us that we APPROVED and that I should mail back my passport to them as soon as I returned back to the country of my residence which I did. My fiancée email the consulate about 10days of mailing out my passport to confirm if they received my passport because our case status has not change from "Ready" to nothing. The response we received from the consulate was the visa is in review and they are expect to unable to issue the visa but the final determination as simply yet not been made. And that they realized that the K-1 visa time frame is running out. You will need to petition for your spouse after you married.

Doesn't sound like a denial. Sounds like you are in AP.

[Ebunoluwa 6,136]

Why did they tell you to go back to your country of residence, are you not a permit to be in Barbados ?

Some embassies will not issue a visa if you have no legal permit to be in the country and some overlook it.

Doesn't sound like a denial. Sounds like you are in AP.

That's what I thought until the "it's expired, marry and file again" part.

It also sounds weird that they told him to return to his country of residence, why not issue the visa right there in Barbados.

[dwheels76 5,468]

Why did they tell you to go back to your country of residence, are you not a permit to be in Barbados ?

Some embassies will not issue a visa if you have no legal permit to be in the country and some overlook it.

That's what I thought until the "it's expired, marry and file again" part.

It also sounds weird that they told him to return to his country of residence, why not issue the visa right there in Barbados.

I know thts really weird. Why would they say get married. Hmmm.

[Chealse 0]

They said: I regret to advise that the information has come to light that required that we return the K-1 petition to the national visa center. We will not be able to issue the K1 visa as we had initially indicated.

[Chealse 0]

I don't live in Barbados. I live in other Caribbean Island. US embassy control about 10 or more Islands in the eastern Caribbean.

[Chealse 0]

As far as we know they said they are required to return back the K-1 petition to the National Visa Center. We don't know if they return the petition yet or not. They also mentioned that they will return back my passport which they have not. Our case still shows AP at CEAC website. They keeps saying my fiancée will need to petition her spouse after we get married. They are playing games with our life! That's how I feel.

[Ebunoluwa 6,136]

They said: I regret to advise that the information has come to light that required that we return the K-1 petition to the national visa center. We will not be able to issue the K1 visa as we had initially indicated.

That means the review at post is completed. New information found during the review has changed their mind or they

decided they can't grant a visa due to you being in Barbados without a legal residence permit. Are you ? If you are a student there

did your permit expire ?

Tell your petitioner to contact her senator to make an inquiry for the exact detailed reasons

of the refusal which the embassy may or not tell him. It's worth a try.

After you have found out what exactly the reason is then you can proceed to re file a K1 or as they suggested to marry

and file again.

If you do not know the reason then you may run into the same refusal after you file again.

Reasons are hurdles to overcome ! If you don't know the reason you can't overcome itthe next time.

If they believe your relationship is not genuine due to lack of evidence then marrying usually will overcome that.

You should have received a second 221g with the refusal and reason given why you were refused

but since you were out of the country you did not. Contact the embassy for this second sheet of 221g paper,

it should have the reason written on it.

They will or have already returned your case to VSC.

There is a very minimal chance that Vermont may reaffirm it but I highly doubt it even if they claim USCIS has the

final say in your "review" given all the formalities.

[Ebunoluwa 6,136]

I don't live in Barbados. I live in other Caribbean Island. US embassy control about 10 or more Islands in the eastern Caribbean.

Sorry our posts crossed. So your country interviews in Barbados ?

As far as we know they said they are required to return back the K-1 petition to the National Visa Center. We don't know if they return the petition yet or not. They also mentioned that they will return back my passport which they have not. Our case still shows AP at CEAC website. They keeps saying my fiancée will need to petition her spouse after we get married. They are playing games with our life! That's how I feel.

Have a senatorial inquiry clarify this mess. Sorry, I know how you feel, our case was denied after 16 months in AP.

It sucks !

[Chealse 0]

Due to government shut down senator could not do the inquiry at this time. Thank you for concern and I'm deeply sorry about your denied as well. Actually am Originally from Nigeria living in one of the Eastern Caribbean Island. All the Eastern Caribbean Islands interviews at US consulate in Barbados.

[Ebunoluwa 6,136]

Due to government shut down senator could not do the inquiry at this time. Thank you for concern and I'm deeply sorry about your denied as well. Actually am Originally from Nigeria living in one of the Eastern Caribbean Island. All the Eastern Caribbean Islands interviews at US consulate in Barbados.

Thanks for clarifying. Same here, my fiance is Nigerian. Nigerians are scrutinized closer because of high fraud.

Even if they live somewhere else in low fraud countries, they still get looked at closer and with suspicion and assumptions.

I guess that they think your relationship is not bona fide and for immigration benefits only.

Marrying will overcome it but make sure you know and understand the reason for refusal first.

We are currently getting ready to re file.

Best wishes !