Appeal denial ok K1 visa

[Zedayn 485]

I can post it in French but I don't think you guys would understand it.

I would understand it.

[RP&SP 8]

Or you could just post a copy of the letter here with personal details removed. My French is a little rusty, but I did have many years of it and I'm sure others are more fluent.

I will do that once in front if a computer and fiance is faxing it to me.

I would understand it.

waiting for him to fax it to me. and then I will post

[Harpa Timsah 13,258]

someone asked me what the letter said and I told him I will translate it to post it. I can post it in French but I don't think you guys would understand it. that's why I said I will translate it for him it has nothing to do with the interview. the translation of the letter has nothing to do with the interview itself but with a question that a member asked me.

I would also understand it. But you say it has nothing to do with the interview, yet I thought you said that he got that paper after the interview? Then one has to do with the other, no?

Edited May 30, 2014 by Kathryn41
to remove off topic discussion

[RP&SP 8]

I would also understand it. But you say it has nothing to do with the interview, yet I thought you said that he got that paper after the interview? Then one has to do with the other, no?

I ment the translation.. Here is what was marked

Article 221(g): lequel interdit l'octroi d'un visa à quiconque se marierait ou qui se fiancerait dans le seul but d'obtenir les bénéfices d'immigration

now mind you they had not ask us anything when they sent package four out. and it is a refusal not ap. can someone please explain it better to ms

[N-o-l-a 7,167]

I ment the translation.. Here is what was marked

Article 221(g): lequel interdit l'octroi d'un visa à quiconque se marierait ou qui se fiancerait dans le seul but d'obtenir les bénéfices d'immigration

now mind you they had not ask us anything when they sent package four out. and it is a refusal not ap. can someone please explain it better to ms

Basically they think your fiancé is only marrying you for immigration purposes. This type of case is hard to appeal.

Did the letter ask for more evidence or anything else?

How is trying to get a second interview going?

[Harpa Timsah 13,258]

It means they believe that your relationship is fake for the sole purpose of obtaining an immigration benefit (which is what we were guessing).

Your petition is denied, and it will most likely expire. You can file again with a new petition, or you can marry and pursue a spousal visa.

BUT, the suspicions they have about your relationship need to be identified and addressed if you are going to succeed a second time.

You will need to identify your "red flags" and evaluate your relationship from a "reasonable person standard."

The overlap in your relationship is the least of your worries, really. There must be other things involved. Good luck.

Edited May 28, 2014 by Harpa Timsah

[sweet cakes 326]

I would also understand it. But you say it has nothing to do with the interview, yet I thought you said that he got that paper after the interview? Then one has to do with the other, no?

I ment the translation.. Here is what was marked

Article 221(g): lequel interdit l'octroi d'un visa à quiconque se marierait ou qui se fiancerait dans le seul but d'obtenir les bénéfices d'immigration

now mind you they had not ask us anything when they sent package four out. and it is a refusal not ap. can someone please explain it better to ms

Was your fiance married/divorced before your relationship started? or has he been petitioned before?

[Harpa Timsah 13,258]

Some things I see: You are from the same street and town, and your mothers are friends. That can be good, but also bad. They may believe that you are helping family friends immigrate. if you have known him your whole life what made you start a relationship with him after your divorce?

You say you are a student but you were married before. How old are you? How did long did the marriage last? When did you immigrate to the US?

What is your fiance's history with the US or US visas?

You really need to ask your fiance to remember every single word that was spoken during the interview.

[RP&SP 8]

That's the thing she kept talking about that and like I mention previously that was the onky question she ask. she didn't want to see evidence like pictures or call log or anything else that was it. name phone number engagement date and then the divorce. and what I told you is all I know. this is just to much to handle. the distance and now this...

[RP&SP 8]

Some things I see: You are from the same street and town, and your mothers are friends. That can be good, but also bad. They may believe that you are helping family friends immigrate. if you have known him your whole life what made you start a relationship with him after your divorce?

You say you are a student but you were married before. How old are you? How did long did the marriage last? When did you immigrate to the US?

What is your fiance's history with the US or US visas?

You really need to ask your fiance to remember every single word that was spoken during the interview.[/quote

I'm going to pm you... if it's ok with you

[RP&SP 8]

Some things I see: You are from the same street and town, and your mothers are friends. That can be good, but also bad. They may believe that you are helping family friends immigrate. if you have known him your whole life what made you start a relationship with him after your divorce?

You say you are a student but you were married before. How old are you? How did long did the marriage last? When did you immigrate to the US?

What is your fiance's history with the US or US visas?

You really need to ask your fiance to remember every single word that was spoken during the interview.[/quote

I'm going to pm you... if it's ok with you

[Ebunoluwa 6,136]

I would also understand it. But you say it has nothing to do with the interview, yet I thought you said that he got that paper after the interview? Then one has to do with the other, no?

I ment the translation.. Here is what was marked

Article 221(g): lequel interdit l'octroi d'un visa à quiconque se marierait ou qui se fiancerait dans le seul but d'obtenir les bénéfices d'immigration

now mind you they had not ask us anything when they sent package four out. and it is a refusal not ap. can someone please explain it better to ms

The reason stated on the 221g is under the general reason "for immigration benefits only" which I stated as a possibility several posts ago.

That means the CO does not believe you have bona fide relationship (which I also stated several posts ago)

and in his opinion he is seeking immigration benefits only and is therefore not eligible.

The CO does not like the divorce/marriage timeline among other things but knows it can't be given as a factual reason for denial so he

wrote the "for immigration benefits only." Any other issues the CO did not like we do not know yet.

That would involve asking your fiance what transpired during the interview with a fine tooth comb, what exactly was all

asked and on which points did the CO linger.

For the sake of helping the fiance get another interview you need the senator to intervene and use the verbage

you believe the CO acted in error (whether he did or not) to be even vaguely paid attention to.

You could get a lawyer but don't get bullied into an appeal (ching ching).

If a lawyer is willing to contact the CO immediately for a request for a second interview then go for it.

Keep in mind that the CO does not have to engage with the lawyer but has to give an answer (even if it's a dead end canned

answer) to a senatorial inquiry.

He can simply say no second interview granted if he wishes to and return the petition.

I am not holding out a lot of hope here but it is a slim chance and I have seen it work before when the 'chief consul'

reviewed a refusal issue and a second interview was granted, all though not every time ending with an approval.

[Ebunoluwa 6,136]

If you have to file again make sure you frontload the new petition addressing everything you may think is a red flag in detail.
It takes a while to recover from the shock of refusal and to pull all red flags together when talking to your fiance in detail about the

interview.

A CR1 would have more punch than a repeat K1 but you still have to address the flags with the petition, standing in front of the

CO would be too late so make sure you frontload next time around.

[ashleyphilly 70]

Was your fiance married/divorced before your relationship started? or has he been petitioned before?

. I was going to ask the same thing. Was your fiancee petitioned before?

[sassyseawitch 1]

In my experience as a filer helping with the visa----re-file.

When they got their denial, they appealed, which took an extra 5 months.

The exact reason was, USCIS does not rule on unprecedented cases.

We did re-file and the approval took 45 days.