k1 fiance visa refused?!?

[SinghJas 1]

I'm very sorry to hear this. It's hard to know what exactly raised a reg flag for them. A lot of the time, they've already made their decision based on the original petition and don't even ask to see any supplemental evidence at the interview. They didn't ask my fiancé for anything but the required paperwork, so I was glad that I front-loaded the petition with evidence. It must have been something in your original petition that just wasn't convincing enough.

I agree with others that your best option is to marry and file.

Yup, my original petition was front loaded also. Only thing I submitted later were my finances, which were all fine. My fiance had all our texts, phone records, pics, etc. at the interview, yet there was "insufficient evidence" (laughable)

Did you make multiple visits to India to see your fiance? I only made 1 trip, due to work and time constraint.

[SinghJas 1]

Which Embassy or Consulate did she interview through? Your timeline's not filled in.

She went to New Delhi.

Sorry, I will fill in the timeline shortly.

[Torete 121]

OP,

Good call. That's what I'd do. Marry and file the spousal visa. You've already waited a year so get cracking so you can be with her.

Suggestion? Post in the Asia forum/sub-forum and you may get more specific pointers/suggestions.

Good luck.

[dkhurana 0]

Hi everyone,

Being a US citizen, I filed a petition for my fiance in India. K-1 fiance visa was filed Jan 2014, and she just had an interview y'day back in India, but she was refused. The letter that she received from the consular officer, stated "insufficient evidence for her to marry me with 90 days of arrival in US. She is ineligible for visa under 221g, and the case is returned to USCIS/NVC".

I am so shocked, they would do this. She had so much evidence and paperwork with her. Hundreds of pages of texts, phone records, pics...etc. Granted I only visited her once in the past year, but they said they need to see more visits? Why? This is US, everyone is busy working. Are consular's in India so damn clueless? I talk to her multiple times in 1 day, what more proof do they need that this is a real relationship.

What does this all mean that the case is sent back to USCIS? I'm pretty much refused for this, I'm guessing, and I would have to start the process all over again.

Any feedback, would be greatly appreciated on this topic.

Thanks all

Was denied on the same ground in Jan. 2014 at Delhi Embassy. CO herself advised me to get married and come back again. We got married and now at the tail end of the process at NVC. I have visited thrice after marriage and I am planning to go again for the Interview.

[Girl from Celebes 588]

We had been communicated for about 3-4 months prior to me going to India, to meet and get engaged. We did have a engagement party and the rings were exchanged. All the steps were followed.

The idiotic questions my fiance was asked were: Why did so few people attend the ceremony? (we had about 40 people there)

Another one: Why did I visit India only once and why only for a duration of week? (someone please tell consular's in India, in US people work for a living and its not easy to get time off of work).

What kind answer she did reply back regarding these questions?

To be honest, a week is a very short amount of time to visit. One member here, as far as I remember, he was from India as well visited his fiancée about almost a month but got denied. The reason why because the CO asked her why her fiancé did not come when she had the interview.

That's the thing I have read that usually Indian couples throwing an engagement party with a plenty of people would come as their guests.

Whenever you are ready to file I-130 please be cautious and you will need some information from those who already had been through CR-1 route from India. Good luck and keep us posted.

Edited January 15, 2015 by Girl from Celebes

[nitsirk7562 82]

At the time of our K-1 submission, I had been to India once and he had come here once. I went to India again for our engagement ceremony about a month before we got our NOA2. I was very worried they might give him a hard time since I'm not Indian. I think it helped he was able to get a B1/B2 to visit me.

I've heard Delhi is tougher than Mumbai. I didn't go to his interview because I wasn't allowed to, but I think in Delhi you can. In a very unfair process, I'm sorry you drew a short straw

Yup, my original petition was front loaded also. Only thing I submitted later were my finances, which were all fine. My fiance had all our texts, phone records, pics, etc. at the interview, yet there was "insufficient evidence" (laughable)

Did you make multiple visits to India to see your fiance? I only made 1 trip, due to work and time constraint.

[vlcrain 3]

Our k1 visa was denied in April of last year. We got married in june and applied for the cr1 in august. A few weeks after I filed for the cr1 I received a letter from uscis that stated out i129 petition had expired and no further action would be taken on our case. There should have been no reason we were denied. And to this day we think it is because not enough face to face time. A lot of people will tell you to wait until you hear something from uscis, but it has been my experience if your going to get married just travel to her country and do it. Most k1 denials are never even looked at again by uscis.

[Cathi 5,621]

Meeting only once only to become engaged is the red flag. Look at it through the eyes of the CO, you had never met, you get engaged during your one and only visit to meet her then you petition her. I know that it is only a requirement that you only have had to meet within the 2 years prior to sending the petition but India is a very high fraud country and they are basically sayng the don;t believe your relationship is real. you say you sent 300-400 pages of supporting evidence, that is too much. Many people who have been denied say they were told by the CO they actually sent too much evidence, it looked as though they were over compensating because of lack of a true relationship. I have seen that several times here on VJ. Did they say they were denying the visa and sending it back for revocation or did they say she was in AP? before running off to marry her you need to clarify that withe the consulate

[san diego 407]

Meeting once just for a week and get engaged is a huge red flag, especially in a high fraud countries. I recommend going again, getting married, and meeting more often along.

[Tebessa1111 16]

Meeting only once only to become engaged is the red flag. Look at it through the eyes of the CO, you had never met, you get engaged during your one and only visit to meet her then you petition her. I know that it is only a requirement that you only have had to meet within the 2 years prior to sending the petition but India is a very high fraud country and they are basically sayng the don;t believe your relationship is real. you say you sent 300-400 pages of supporting evidence, that is too much. Many people who have been denied say they were told by the CO they actually sent too much evidence, it looked as though they were over compensating because of lack of a true relationship. I have seen that several times here on VJ. Did they say they were denying the visa and sending it back for revocation or did they say she was in AP? before running off to marry her you need to clarify that withe the consulate

mimolicious, Your new house is beautiful. Love the deck. Just saying.... Good luck!

[Ms Hogan 295]

Did you send those 300-400 pages with the initial application or was that what she brought with her? If they say there wan't enough evidence and weren't interested or willing to look at what she brought then it sounds like maybe what was sent in the beginning was not adequate?

[Blueblood 5]

If they hold my fiancé and me to Singh's standard we'll be in bad shape. We never even had an "engagement party." In fact, we're not even planning a big wedding (been there; done that; blown that money; marriage didn't work anyway).

Big parties, ceremonies, and weddings are fine if you want them, but they've nothing to do with the actual marriage itself. In fact I've heard the bigger the wedding, the greater the chance of divorce (I've no idea the veracity of that).

[Blueblood 5]

Meeting only once only to become engaged is the red flag. Look at it through the eyes of the CO, you had never met, you get engaged during your one and only visit to meet her then you petition her. I know that it is only a requirement that you only have had to meet within the 2 years prior to sending the petition but India is a very high fraud country and they are basically sayng the don;t believe your relationship is real. you say you sent 300-400 pages of supporting evidence, that is too much. Many people who have been denied say they were told by the CO they actually sent too much evidence, it looked as though they were over compensating because of lack of a true relationship. I have seen that several times here on VJ. Did they say they were denying the visa and sending it back for revocation or did they say she was in AP? before running off to marry her you need to clarify that withe the consulate

I only sent the bare minimum for my K1 petition. As we communicate 100% via Skype when apart, there's really not much to send anyway.

We're going to put together a dozen or so pictures for her interview, but I wasn't planning on going crazy to try to convince some bureaucrat of my personal relationship with my fiancé. She's honest; I'm honest; I guess we'll just see what happens.

Glad we have VJ as a resource, I can tell you that.

[Ebunoluwa 6,136]

You do not have to wait for USCIS to respond, your petition will expire in 6 months. You can go and get married as soon as you wish.

Get more visits in and make sure you have lots of photos from the wedding with family and guests. We were refused too and re filed a K1 and

then were approved. I know the feeling of frustration but hang in there !

[raven52 233]

Well, this is a "bum wrap" for you and your loved one, it is heart breaking. I can read the love in your remarks.

I would marry your loved one, (I am a huge fan of the K-1 visa) if the K-1 fails, hang in there, do the I-130, and show them at the consulate, "yes I intended all along to marry my loved one" use that thought to make you strong, to over come this.

good Luck, and file soon, start the procedure, get married, and file the same day!