Need help.

[Mel&Lal 12]

Today my fiance had his interview at the Mumbai Consulate. He received a white letter but he said there was no 221g on the letter, but he typed what the letter says. I want to know if this is a full out denial of the visa or are we under AP?

baed on the interview and documents submitted to us consulate general mumabi.

we will be returning the petition to us citizen and immigration service (uscis)for review and possible revocation.

if a consular officer receives information during the interview process that was not available to the adjustment immigration officer at the time of petion aproval and that shows the beneficiary of a petition is not intitlled to the accorded status

then the petition must be returned to uscis for re-examination,because of this requirment,consuler officers will return your petition and additional supporting documents to the national visa centre

us consulate general mumbai will return the petion to uscis within few weeks .

once uscis has received it.

your may address further inquiries on the petion to the uscis natinal customer service canter at -1-800-375-5283

I am thinking this is a denial, but I want to make sure and I need to know what I should do from here.

[me & her 2]

that is a denial and your case is being returned to the USCIS for further processing

I think your fiancé was asked a question and he gave an answer contrary to what they have

that is a denial,am sorry, I think more knowledgeable people in here should tell you what to do!

[Hypnos 6,576]

As stated, his visa has been denied. The embassy will return the petition to USCIS with a recommendation that the petition's prior approval be revoked. USCIS will either (i) agree with the consular officer's decision and revoke the I-129F's approval, (ii) reject the consular office's decision and re-affirm the approval, sending the petition back to the embassy for another interview, or (iii) let the petition expire without making a decision one way or another.

You will have a chance to rebut any potential denial before it comes into effect, if USCIS send you a Notice of Intent to Revoke. You should consult with an experienced immigration attorney urgently.

Edited December 13, 2013 by Hypnos

[Mel&Lal 12]

that is a denial and your case is being returned to the USCIS for further processing

I think your fiancé was asked a question and he gave an answer contrary to what they have

that is a denial,am sorry, I think more knowledgeable people in here should tell you what to do!

They asked alot of questions about my ex husband, like where he lives, does he visit my kids, what he does for a living. My ex husband is in prison now and my fiance was embarrass to tell them this. I wonder if this hurt our visa.

[Mel&Lal 12]

As stated, his visa has been denied. The embassy will return the petition to USCIS with a recommendation that the petition's prior approval be revoked. USCIS will either (i) agree with the consular officer's decision and revoke the I-129F's approval, (ii) reject the consular office's decision and re-affirm the approval, sending the petition back to the embassy for another interview, or (iii) let the petition expire without making a decision one way or another.

You will have a chance to rebut any potential denial before it comes into effect, if USCIS send you a Notice of Intent to Revoke. You should consult with an experienced immigration attorney urgently.

Well we both decided to get married and if this fails I will be moving to India.

[Penguin_ie 5,994]

Yes it is a denial

Your ex being in prison wouldn;t have hurt your case (unless you never properly divorced?), but your fiance lying about it could.

[Mel&Lal 12]

Yes it is a denial

Your ex being in prison wouldn;t have hurt your case (unless you never properly divorced?), but your fiance lying about it could.

My ex went to prison after our divorce, but my fiance is embrass about it and i dont know if Mumbai would know that he is in prison my ex that is.

[Hypnos 6,576]

If you do marry and file an I-130, it's important that you respond to any Notice of Intent to Revoke that USCIS send you regarding the I-129F. If they make allegations, for example, that you do not have a bona fide relationship, or are otherwise misrepresenting yourself as a couple, and you fail to respond to these allegations, they then become findings of fact and will likely lead to the rejection of any future applications you file for that beneficiary.

See http://www.visajourney.com/forums/topic/436685-k-1-visa-denied/#entry6305860

As I said, an attorney is a good idea at this point.

Edited December 13, 2013 by Hypnos

[Mel&Lal 12]

If you do marry and file an I-130, it's important that you respond to any Notice of Intent to Revoke that USCIS send you regarding the I-129F. If they make allegations, for example, that you do not have a bona fide relationship, or are otherwise misrepresenting yourself as a couple, and you fail to respond to these allegations, they then become findings of fact and will likely lead to the rejection of any future applications you file for that beneficiary.

See http://www.visajourney.com/forums/topic/436685-k-1-visa-denied/#entry6305860

As I said, an attorney is a good idea at this point.

Ok, so should I wait and see what they send me on how to address this? My fiance told me that the CO said she was not convinced of our relationship, so i am taking they think its not bonafide. They kept all our pictures, letters from his family and mine and our chat logs.

[Hypnos 6,576]

It may be several months before you receive anything, depending on what exactly USCIS chooses to do with the petition.

You can marry and file the I-130 now if you wish, but just be sure to respond to anything USCIS sends you (such as a Notice of Intent to Revoke). Some people who get denied for a K-1, marry and then apply for a CR-1 just ignore revoke attempts by USCIS on their old K-1 because they figure it doesn't matter now they are married and pursuing a different visa. It actually matters a great deal, so it's something you should bear in mind.

[Mel&Lal 12]

Ok I will do that. Our original plan was to marry in April in the rocky mountains and we decided to stick to the month of April and maybe go to Jamaica to get married, but I am starting to think that maybe it would be best to get married in India with his friends around and with family that approved. I will address with whatever they send my way. I wish I could afford a lawyer but I low on cash due to the fact I just got back from India in November to be with him. Thanks for the advice. I felt completely lost with this decision and had no sleep.

[miriny 0]

Today my fiance had his interview at the Mumbai Consulate. He received a white letter but he said there was no 221g on the letter, but he typed what the letter says. I want to know if this is a full out denial of the visa or are we under AP?

baed on the interview and documents submitted to us consulate general mumabi.

we will be returning the petition to us citizen and immigration service (uscis)for review and possible revocation.

if a consular officer receives information during the interview process that was not available to the adjustment immigration officer at the time of petion aproval and that shows the beneficiary of a petition is not intitlled to the accorded status

then the petition must be returned to uscis for re-examination,because of this requirment,consuler officers will return your petition and additional supporting documents to the national visa centre

us consulate general mumbai will return the petion to uscis within few weeks .

once uscis has received it.

your may address further inquiries on the petion to the uscis natinal customer service canter at -1-800-375-5283

I am thinking this is a denial, but I want to make sure and I need to know what I should do from here.

[miriny 0]

this our exact letter... not written on letter head or given a code.The CO seemed pretty sure of herself giving him back his passport and all the evidence..I called right after his interview and wrote letters to my congresswoman concerning what questions she asked him and her general attitude.She obviously had some prejuduces.Now when the Congress womans office contacted they said it was NOT denied and was not sent back...our interview was in nov. It is under review and processing.So raising hell and being in touch with your elected officials I dont think is a bad Idea.Jamaica doesnt sound bad though! Still going through the spouse visa process is more time and money and waiting and waiting.I was just worried I wouldnt have money to make the trip to see him as often as required.My kids will suffer for this but I guess in the end either way it will be worth it to be together.Good luck to you both.Love will prevail!!And might I add this embassy should be investigated for discriminatory practices.Obviously this is 2013 and mpt 1970 where its unheard of that people fall in love and marry outside their race,religion and culture.These biases must end.Let them go after real fraud... not people in love just wanting a life and home together.

[miriny 0]

Ok, so should I wait and see what they send me on how to address this? My fiance told me that the CO said she was not convinced of our relationship, so i am taking they think its not bonafide. They kept all our pictures, letters from his family and mine and our chat logs.

wonder oif its the same B*** CO.. My fiance said she looked like me a blondish hair and he thought as a woman she should understand love..lol Im wondering what it takes to convince them..when arranged marriages happen sometimes they meet the day of the wedding..and they fall in love..how many months of pictures,visits,chats and hours of phone conversations can convince them...sick.. what do they want?a demonstration??Crazy when al the websites give all what we gave in for evidence as proof of a bonafide relationship.I think they get a bonus for denying..You know My finace said there were entire families sponsered by a family member in the US and they get approved no issue..sorry.. Im still a little burned..Good luck.im praying for you guys!

[Mel&Lal 12]

Yes it sucks being in this position and feeling completely hopeless