K-1 Fiance Visa Refusal Next Steps

[@usa 0]

Hi Everyone!

Today has been an emotionally day for me and my fiancé. I'm seeking for some advice on what my next steps are.

My fiancé and I met when he came to the US on a visiting visa and we fell in love. He went back home, Tanzania, at the end of his stay. A few months after he left we knew we couldn’t live without each other and decided to tie the knot. All of our paperwork went fine with USCIS and on time as expected. The real issue started at his interview with the US embassy. My fiancé is divorced and was never married legally (through the court), only religiously, without any proper documentation. The embassy requested for marriage and divorce papers which my fiancé was able to provide and also translated copy. He also took an oath which was signed and notarized. After providing additional documents that US embassy requested for they sent him a refusal letter for the following reason today:

"We are returning the petition to USCIS for consideration of possible revocation given that the relationship appears to exist solely to derive immigration benefits. You will receive instructions from USCIS after they have reviewed the petition."

I need your help. What can I expect from USCIS to help me prepare for what’s next? Will I be able to appeal the case? How long will this take? We’re ready to be married and have a family. I am ready to go there and have our wedding there with his family and friends there and we will have one here later once he is here with my family and friends. Will it help my case if I go now and be married to him? I don’t know what direction to take; any advice would be much appreciated.

[NigeriaorBust 4,096]

What are your red flags ? When did he divorce? Is there a gap in age/education/religion ? How many times have you visited each other ?

Edited March 5, 2014 by NigeriaorBust

[Mike-eeh and Odie 193]

Unfortunately, the USE obviously thinks you both do not have a bonafide relationship. I would review the evidence you submitted and go over each question they asked your fiance.

I am not certain if you can appeal a K-1, but in any case, you may wish to speak with an immigration lawyer for advice on your next step.

[@usa 0]

He's been divorce for over 10 years. He's only 3 years older than me. The only thing I can think of is the status. When we came to the US he field as "divorced" but when we filed with our attorney she told us to file as "single" since he was not legally married. She failed to prepare us for what documents he need to prepare for hence the additional documents they requested. We have only seen each other during the time period he was here visiting. That does not justify for the refusal. We provided them lots and lots of evidence of our relationship.

[dwheels76 5,488]

You can expect your petition to go back to USCIS (I gather CSC since that’s where it was to start) and it will sit and expire.

You next move instead of waiting for USCIS is get married and file a IR1/CR1. With him not really marrying you say than not marrying you it looks suspect to them.

Get married refile. Sorry CR1/IR1 are taking quite awhile you are looking at 12 to 16 months start to finish.

Really sorry for your delays

And know Facetime is the #1 evidence you can ever have.

Edited March 5, 2014 by dwheels76

[Girl from Celebes 588]

Hi Everyone!

Today has been an emotionally day for me and my fiancé. I'm seeking for some advice on what my next steps are.

My fiancé and I met when he came to the US on a visiting visa and we fell in love. He went back home, Tanzania, at the end of his stay. A few months after he left we knew we couldn’t live without each other and decided to tie the knot. All of our paperwork went fine with USCIS and on time as expected. The real issue started at his interview with the US embassy. My fiancé is divorced and was never married legally (through the court), only religiously, without any proper documentation. The embassy requested for marriage and divorce papers which my fiancé was able to provide and also translated copy. He also took an oath which was signed and notarized. After providing additional documents that US embassy requested for they sent him a refusal letter for the following reason today:

"We are returning the petition to USCIS for consideration of possible revocation given that the relationship appears to exist solely to derive immigration benefits. You will receive instructions from USCIS after they have reviewed the petition."

I need your help. What can I expect from USCIS to help me prepare for what’s next? Will I be able to appeal the case? How long will this take? We’re ready to be married and have a family. I am ready to go there and have our wedding there with his family and friends there and we will have one here later once he is here with my family and friends. Will it help my case if I go now and be married to him? I don’t know what direction to take; any advice would be much appreciated.

If he mentioned to the CO that both of you will have a wedding in his country and later on in the US, I think you are not qualify for K-1 visa anymore since K-1 visa purpose is a non-immigrant get married to a USC in the US soil. Instead, you have to filed a spousal visa to bring him to the US.

[@usa 0]

@Girl from Celebes: No, he did not say that. At his interview he told them we will have our wedding in the US once he is here.

I mentioned that we would get marry there if that proves anything since I have no direction on what to do next. That was not in our plans for me to go there and marry and then have another celebration here.

Edited March 5, 2014 by y3rh@roon

[Girl from Celebes 588]

@Girl from Celebes: No, he did not say that. At his interview he told them we will have our wedding in the US once he is here.

I mentioned that we would get marry there if that proves anything since I have no direction on what to do next. That was not in our plans for me to go there and marry and then have another celebration here.

Oh okay. Most of people always suggested to file a spousal visa after K-1 visa refusal. But I guess you have to overcome "the divorce paper problem" first and resolved it since seems it is the main problem of refusal. The reason why I said about what he answered or question during the interview because when I had mine, the CO asked me where I will going to get married. Some people caught saying they will going to get married in their own countries instead in the US.

The other thing that concern me though that when you filed for I-129F, your attorney put as " a single" and later on at the US embassy, they found out that he was married before even though it was not legally one. The CO probably thought you were trying to conceal the information and it can fall into "misrepresented documents".

Edited March 5, 2014 by Girl from Celebes

[baron555 934]

He's been divorce for over 10 years. He's only 3 years older than me. The only thing I can think of is the status. When we came to the US he field as "divorced" but when we filed with our attorney she told us to file as "single" since he was not legally married. She failed to prepare us for what documents he need to prepare for hence the additional documents they requested. We have only seen each other during the time period he was here visiting. That does not justify for the refusal. We provided them lots and lots of evidence of our relationship.

Nope, I don't believe the divorce has anything to do with the denial. They don't think you have a legitimate relationship, regardless of the lots and lots of evidence.

It's all about it's content and not the quantity.

[dwheels76 5,488]

He's been divorce for over 10 years. He's only 3 years older than me. The only thing I can think of is the status. When we came to the US he field as "divorced" but when we filed with our attorney she told us to file as "single" since he was not legally married. She failed to prepare us for what documents he need to prepare for hence the additional documents they requested. We have only seen each other during the time period he was here visiting. That does not justify for the refusal. We provided them lots and lots of evidence of our relationship.

When you say lots of evidence what did you submit with your petition?

How long did you spend together in person when you meet?

And you say that's was your only meet?

Has he ever petitioned anyone before?

Have you ever been petitioned before?

[OuVisaJourney2012 4]

He's been divorce for over 10 years. He's only 3 years older than me. The only thing I can think of is the status. When we came to the US he field as "divorced" but when we filed with our attorney she told us to file as "single" since he was not legally married. She failed to prepare us for what documents he need to prepare for hence the additional documents they requested. We have only seen each other during the time period he was here visiting. That does not justify for the refusal. We provided them lots and lots of evidence of our relationship.

It's not the quantity of evidence that matters, it's the quality/content.

[christeen 966]

At the very least, you need to go for another visit and meet his family since it seems the only time you met was here in the USA? I also do, not think that the divorce is an issue, it is an issue of not enough time together and/or evidence of real relationship... Wich you will need to address... If you list what evidence you provided, perhaps we can get an idea of where you are lacking?

[Ketsuban 1,035]

Although you satisfied the meeting-within-2-years requirement, the embassies and USCIS have a wide berth as to the reasons they can deny. Technically, they can deny people if they don't like their shoes (though hopefully that has never happened!). Even though you have met, they are suspicious as to how it can be a real relationship if you only met once, in the US, and then decided to marry. To them, it looks like your fiancé went to America, loved it, and decided he wanted to come back via marriage to the first American woman he could find. That is essentially the "easiest" way into America as a permanent resident.

I would recommend you visit each other more, and build up a portfolio of ongoing evidence of your relationship. Photos, chat logs, gift receipts on Amazon, texts, phone calls etc over a long period of time. You will probably find he will have difficulty getting a B-2 tourist visa to the US now since he has displayed prior immigrant intent, so you should make plans for multiple visits to his country.

[Stangs18 0]

Hi Everyone!

Today has been an emotionally day for me and my fiancé. I'm seeking for some advice on what my next steps are.

My fiancé and I met when he came to the US on a visiting visa and we fell in love. He went back home, Tanzania, at the end of his stay. A few months after he left we knew we couldn’t live without each other and decided to tie the knot. All of our paperwork went fine with USCIS and on time as expected. The real issue started at his interview with the US embassy. My fiancé is divorced and was never married legally (through the court), only religiously, without any proper documentation. The embassy requested for marriage and divorce papers which my fiancé was able to provide and also translated copy. He also took an oath which was signed and notarized. After providing additional documents that US embassy requested for they sent him a refusal letter for the following reason today:

"We are returning the petition to USCIS for consideration of possible revocation given that the relationship appears to exist solely to derive immigration benefits. You will receive instructions from USCIS after they have reviewed the petition."

I need your help. What can I expect from USCIS to help me prepare for what’s next? Will I be able to appeal the case? How long will this take? We’re ready to be married and have a family. I am ready to go there and have our wedding there with his family and friends there and we will have one here later once he is here with my family and friends. Will it help my case if I go now and be married to him? I don’t know what direction to take; any advice would be much appreciated.

You can talk to the admins here:

https://www.facebook.com/groups/61405522650/

Maybe they can help you out.. Stayu positive and strong..