K1 Visa approved - Consulate 221g interview- (cry)

[cherylwasim 1]

My fiancé's visa interview was in Mumbai on May 30th, 2014. We were so excited. This was 15 months, 2 trips, dozens of photos, 14-16 hours a day communicating through Skype, Viber, and whatsapp texting in the making. We were delusional to think that I as a citizen of the USA had any rights whatsoever if I wanted to bring my love here to live with me in the USA and get married if we follow the laws, procedures, and show clearly of our love.

I'll tell you... it is difficult to do everything after spending time with your loved one, and then have to work through long periods of separation, but in the end you have the hope that you can be together. That is correct for some.... but not all.

Our case went quickly through the USCIS and NVC as I had provided 3 times the information they requested. (ie: proof of citizen, income, relationship, etc)

I had been married before, and this was his first marriage. I am older, and he is younger with age difference. But our love was so strong and real. I see so often on the sites that "if it is a real relationship you don't have to worry So wrong they are.

When he went to the interview the Consul said that "they do not believe this is bonafide and would be sent back to the USCIS... it wasn't denied but would be sent back for re-verification) it was put on administrative hold.... we cried for a couple days (the weekend) and then I was angry (ie: how could they accuse me of visa fraud which is basically not believing a bona fide relationship. This was real!!!! We showed so much proof!! Do we need to spend more thousands of dollars with more trips and marriage to prove??)

After I calmed down, I contacted everyone I knew. Luckily there was a direct connection to a Congress person from our state, and after reviewing all our facts of the case, personally started backing it and assigned a staff member to work on it fulltime. (after only 5 days) I have seen where they can assist and also where basically the consul interviewer basically thinks he is God above law and procedures and doesn't care and will decide the future outcome of the visa without batting an eye.

10 days after the interview and with the visa expiration of August 15th fast approaching, we are lost, so so devastated and not sure what to do. What do I do more when I have the approval from USCIS but consulate denies my happiness with no reasons? So... Soo confused..... is there any advice someone has???

I found a reference to the law online (attached).... not sure if this reflects the law or only a suggestion. What do USA citizens have to protect us and grant us justice when the relationship is truly bona fide???

Basically the reference says the AAO ruled that the law allows for approval when a petitioner submits evidence to establish that he/she and the beneficiary have me within the two-year period preceding the filing, have a bona fide intention to marry and are legally able and willing to marry within the 90 days" that's all.

bona fide_txt.txt

Edited June 9, 2014 by cherylwasim

[dakalti 4]

I am neither an attorney nor a consulate officer. But its not hard to see where he is coming from. Below are some of the questions that are not answered and might have run thro the Consul's mind too. Just fyi. Not trying to beat up the petition but trying to close the gaps if any for future interviews. Take it or leave it.

Was the petitioners previous marriage through a K1 visa?

Did the marriage end when the beneficiary obtained the Green Card? Hint: Divorce date and Green card dates are a clue

I see that the Petitioner got his passport just before the I-129F was filed. Does this matter?

Under what circumstances did the couple meet?

I see that the Beneficiary and the Petitioner met once before the I-129F was filed. How long was this meet for? From the timeline, it looks like 6-7 days. Is that sufficient?

The age difference (i know, i know, people say it doesnt matter. It doesnt matter. but it could matter, who knows for sure?)

Petitioners responses in the interview - did they give an indication to the Consul that it might have been a "arranged" relationship.

"Why K1 and not the spouse visa?" - (i know, i know, its ridiculous, but its never stopped the USCIS/Consulates from being ridiculous)

there are more than the above list. I am sure others can chime in.

Good luck with the administrative processing and/or appeal. For the benefit of many more true couples like you''ll please come back to visa journey to post about everything turned out.

[NigeriaorBust 4,087]

The basic thing on the visa journey is ####### happens and you suffer

We hit a snag during our first journey when the CO decided that knowing the company I work for and the job description isn't enough that the proof of bonafide is exact details on what I am working on. So down petition 1 went in flames. ( held by Lagos until expired then returned as expired ) You get angry , you recover and go at it again. The second petition fully covered the rejection and how it was against policy and it flew through the system and other than a rude comment by the new CO we had a visa in record time for the period. ( however after when we should have been reunited ) Some CO's are on a power trip, and have issues if you don't fit their idea of the "correct" couple.

[cherylwasim 1]

I am neither an attorney nor a consulate officer. But its not hard to see where he is coming from. Below are some of the questions that are not answered and might have run thro the Consul's mind too. Just fyi. Not trying to beat up the petition but trying to close the gaps if any for future interviews. Take it or leave it.

1-Was the petitioners previous marriage through a K1 visa?

2-Did the marriage end when the beneficiary obtained the Green Card? Hint: Divorce date and Green card dates are a clue

3-I see that the Petitioner got his passport just before the I-129F was filed. Does this matter?

4-Under what circumstances did the couple meet?

5-I see that the Beneficiary and the Petitioner met once before the I-129F was filed. How long was this meet for? From the timeline, it looks like 6-7 days. Is that sufficient?

6-The age difference (i know, i know, people say it doesnt matter. It doesnt matter. but it could matter, who knows for sure?)

Petitioners responses in the interview - did they give an indication to the Consul that it might have been a "arranged" relationship.

7-"Why K1 and not the spouse visa?" - (i know, i know, its ridiculous, but its never stopped the USCIS/Consulates from being ridiculous)

there are more than the above list. I am sure others can chime in.

Good luck with the administrative processing and/or appeal. For the benefit of many more true couples like you''ll please come back to visa journey to post about everything turned out.

Thank you dakalti for taking the time to answer informatively and direct with an outside perspective. I really appreciate it!!!

Here are some of the answers. Though I agree that some, all or many of the questions may have been influenced his decision, it appears the CO believes he is above the law.

1&2 My (petitioner) marriage was a K3 spouse from Brazil, and the marriage lasted almost 10 years and he wanted to move and live in Brazil and has been there for past 2 years.

3- The beneficiary got his passport right before because he never had intentions to leave India until meeting me, and I decided that I want to continue living in the USA after marriage, so I requested that he come.

4-We met on a dating site and continued talking daily for 10 monte before we met the first time.

5- We met 2nd time before his interview. Unfortunately they denied beneficiary visitor visa to USA, so that leaves me only to visit and here in USA most only get 2 weeks vacation. I have already spent 20 days this year.... much more I could loose my job.

6- The age difference.... This shouldn't matter as this has nothing to do with immigration. The CO must think that he is a psychologist, or a marriage counselor, or preacher with no degree. He has no right.

7- K1 was possible as we only had a little time and the wait period was 30 days. The next step will be me returning and marry, and submitting the spouse visa instead. WE SHOULDN'T HAVE TO DO THAT..... especially since we met the requirements, and by immigration law it was approved.

[cherylwasim 1]

The basic thing on the visa journey is ####### happens and you suffer

You get angry , you recover and go at it again. The second petition fully covered the rejection and how it was against policy and it flew through the system and other than a rude comment by the new CO we had a visa in record time for the period. ( however after when we should have been reunited ) Some CO's are on a power trip, and have issues if you don't fit their idea of the "correct" couple.

So correct. Unfortunately we may need to do this all over again... but this time we will start with the congressional support, and I will fly out to look the CO in the eyes. Amazing how laws and justice means nothing ... even to a consulate.

Thanks for your perspective and feedback.

[tessnsam 2]

Me and my hubby are in the same situation you are in but I went to India Oct 2012 we married in India filed i130 petition in march 2013 had interview may 7 2014 now administrative process for the same exact reasons you gave told our case would go back to USCIS but so far its still in India I am back in the USA working 2 full time jobs to maintain the guideline for income and don't know what to do now about our case

[cherylwasim 1]

The second petition fully covered the rejection and how it was against policy and it flew through the system and other than a rude comment by the new CO we had a visa in record time for the period.

Question: How did you get the exact information as to what was the denial. We were just told "they don't believe is it bona fide relationship" how o we get the information on what to approach and prove 2nd time around? hould we do K1 again, or just go get married and do K1 spouse visa.

[SinghJas 1]

Question: How did you get the exact information as to what was the denial. We were just told "they don't believe is it bona fide relationship" how o we get the information on what to approach and prove 2nd time around? hould we do K1 again, or just go get married and do K1 spouse visa.

Hey Cheryl, Any updates you can provide regarding your case?

My fiance in India recieved the 221g as-well, and I'm so surprised. So frustrating dealing with something that you have no control over, and we had all the paperwork, but still we were refused. Wondering if I should wait to hear back from USCIS, or just re-file all over again.

[cherylwasim 1]

Hey Cheryl, Any updates you can provide regarding your case?

My fiance in India recieved the 221g as-well, and I'm so surprised. So frustrating dealing with something that you have no control over, and we had all the paperwork, but still we were refused. Wondering if I should wait to hear back from USCIS, or just re-file all over again.

Yes. The updates that after speaking to staff from both a Congresswoman and Senator that have worked on these cases more than 10 years was this:

1- There is a lot of wiggleroom in the immigration law which unfortunately there are limited to no consequences for the US consulate when they make incorrect decisions or “don’t do their job at all”. There are many known cases where decisions are made that do NOT support the documents or facts that was approved previously by USCIS and NVC. The US consulate makes many decisions due to a specific religion, age, interview style or nervousness, pissyness of the morning, and citizens have little or no way to appeal. Even though the file has gone through all the USCIS and NVC approvals… an interviewer at the consulate could look at the person and just feel to say no without ANY FACTS that support that decision. This is truly disheartening, yet unfortunately true. The fortunate ones that go through approvals easily are due to having all the documents and facts, able to give a good interview, and also luck and mood of the interviewer.

2- After the interview if the Consulate decides to “deny” (they can’t only send back for re-verification of facts) Normally the Consulate will waste time (fiancé visa) and run it out before sending back to USCIS for re-verification for the fiancé visa. They do this so the visa will be cancelled due to past the deadline date. They will mark is 221-G. Since there is a time period the US Citizen must pay all fees again and resubmit. MOST fiancé visas are then dead in the water at that point, however the Spouse CR1 will just be on HOLD waiting for whatever document they are requesting. Getting a Senator or Congress representative to support your case could help… or not. We had both calling their contacts directly. Even now after knowing all facts they are supporting our visa. After about 60 days when the USCIS receives the file back, they will send out the official letter to explain. This will tell you (sometimes) why it was denied and if they are able to apply again. I received a letter saying that I needed to prove there was a relationship and that he was able to apply at anytime.

3- If the decision is to resubmit, there are several choices. a) Resubmit the fiancé visa again and hope that the consulate will decide to look at it seriously and not send back again or b) get married and submit for a Spouse visa (could be CR1) which may take more time if put on hold however unless there are any complications (crimes, disease etc) it is rarely denied at the US consulate level.

4- Patience.... lots of patience. Unfortunately there are many consequences for us as citizens submitting incorrectly, and very little support. But there are no consequences for the Consulate, which is why this happens incorrectly (when there is indeed no REAL issues such as Crime, disease, fraud etc). It is frustrating.

Our decision was to just marry, and move forward with a CR1 spouse visa. Both staffs agreed after reviewing our file to do that and continue support. They gave deer in the headlights” response after due to our visa packet that was submitted was between “2 and 4 times above ALL of the requirements”. So we planned and married on 11-21-14, and submitted all documentation I-130 on 12-17-14. It was sent to Texas which they are saying is a 7 month wait to even open the file to start processing. Really? Seriously? USCIS has already approved all my information for the fiancé visa back in April 2014 in 17 days. Good luck with your case.

[Blueblood 5]

Cheryl, I don't know what to say. You were horribly mistreated.

The CO's "mood" should have nothing to do with the interview. Neither should the Beneficiary's "nervousness." Many people have never visited government offices in their lives, let alone foreign embassies. Just being "nervous" doesn't mean someone is committing fraud.

Part of the problem, I think, is the two-year rule itself. Two years is a very short time for someone hell-bent on coming to America to "ride it out" with someone they don't really love. Therefore, the law is basically written to encourage fraud, to some degree. In a real relationship like yours, the two year rule means nothing bc you're marrying for love not a green card. Just my two cents.

I hope everything works out for you, Cheryl.

[luviscoming1 14]

Hi , i feel so bad reading your experience. It is now august. Please teel us what is going on now are you two finally together??

?

[cherylwasim 1]

Hi , i feel so bad reading your experience. It is now august. Please teel us what is going on now are you two finally together??

?

Thank you. It has been a very very difficult road. Unfortunately since there are not strict laws or consequences that are applied to the consulate regarding visas for citizen loved ones, it is us that suffer. We have very strict requirements that need to be met. Even though a citizen has a real relationship and proves 2-4 times over every requirement (as in our case), the consulate interviewer may decide on feelings and not follow the law or requirements. They have "0" regard for what hardship it may cause or the consequences that the citizen will go through doing this the legal correct way. We had our support from our congress/senate reps etc, however that does not do any assistance. After speaking to many lawyers and assistant working on these cases for the Senator, we were told over and over again that the consulate does as they please without adhering to the requirements because there are really no consequences so they have too much power. There are some initiatives being worked on however this will take time and not resolve situations currently. When I had gone back for the marriage and went to the consulate to get a notary for the civil marriage I spoke to the vice-counsil and explained my outrage. He was very kind and empathetic to our situation, and instructed on what kind of marriage to do and even though we were way over the requirements, that this visa should show our persistence and bonefide relationship.

It has cost us thousands of tears, dollars, time off work and health ( After this stress over the year I have had health issues and was referred to a cardio. They found stress on the left side of my heart which my cardio has said I need to reduce stress, however that won't happen until my love is with me and this nightmare is over) As we wanted so so so much to be together, we decided to not wait for another process and planned a wedding in India. It was heaven to be with him again and be joined as one, however so sad to leave again. As I had already taken off 30+ days and 3 trips I have not been able to make another one and this 9 months have been so hard with 2-6 hours per day on Skype and texting all day and night (India is 12.5 hours difference). This additional year and a half apart will soon come to an end. I would love to agree with some of these posts that if you are honest and do the visa the legal way that everything will be ok. But unfortunately until the consulate is forced to have consequences for their actions, they are able to make whatever decision they want to not based on the law or requirements. I wish you luck! Our CR1 visa has finally been approved, and we are now waiting from NVC on our interview date with the consulate. I did not go the last time for the fiancé visa, however I will be taking off work to go this time!

I wish you the best, and hope and pray that your experience is much smoother than ours and many here have experienced.

[KierenHby 897]

cherylwasim.. I rarely browse the K1 forums as I'm a CR1 petitioner, but happened to see your India-based thread.

Going through your initial posts reminded me of a recent thread in the India regional forum where a beneficiary had a similar K1 experience, in Delhi. He was basically refused too, and they seem to be exploring options now.

Anyhow, I see similar timeline between your case and ours. My wife and I married in November last year in India, and we just had case complete at NVC. Our petition is at Delhi. Hope we all get interviews soon. Good luck.

[luviscoming1 14]

Sorry to hear your struggles but this won't last forever. It will end and you will be with you husband. Stay strong. Our immigration system is not perfect and faulty in many ways but your at the end. As for me im just starting. Ugh...

Wishing you the best!☺

[belllora 0]

I can relate to your case, Cherly Wasim.

We applied for a K1 Visa for my Fiance to come to the U.S. and have now waited almost one year, as of 10/28/15.

My Fiance's case is on it's 3rd trip around, and USCIS has touched the file, after many inquiries, and writing to my local Congress Woman, and

the White House.

Now the Congress Woman's office is telling me that someone at USCIS gave me incorrect information & they are re-reviewing his file & will send me

notification by Oct. 23/15...Today is Oct. 20!

Also the Consulate office in Havana, Cuba sent me a response to my last inquiry, the wrote ONE sentence "We will notify your Fiance" that's all.

Not telling me what they are notifying him of? Very short & to the point?

Just breath............and persevere.

We don't have thousands to spend on this, or even do this over again..........so we have no choice but to wait and see.

It's not easy to remain calm during this process, but we are not giving up.

I get negative comments from a handful of people and I have to remember it's my future not theirs, and I know what I feel in my heart and am older

and smart enough to know when something is not right.

Life is all bout choices, if we never made mistakes how could we ever learn or help someone else, right?

Please keep positive thoughts & prayers for us & I promise to keep all posted of status.

IF you don't know the answer, read,read,read............research..........keep going.

Best of luck to all,

Bell

Edited October 20, 2015 by belllora