K1 refused need I-130 help, Please advise.

[nusshaf14 1]

Hello all,

I need your guidance/opinions on my situation. Please advise.

My fiance ( K1 visa) was interviewed at the london embassy on March 27, 2015. After the interview the CO said she wasn't "convinced" and "I am not going to issue you a visa today or something like that ( fiance's words) ". The interview lasted 5 mins. She returned the passport to him but kept the affidavit documents. Fiance was told he will be receiving a "letter" in the mail. He was not given a "221g" slip/worksheet either. As of today nearly 2 weeks, CEAC status is on AP with two updated dates ..one last week, one this week with no new information. Now we both mourned and kinda accepted the fact that he is most probably refused.

He has been on student visa in the UK and his visa expires in August 2015 then he flies back to Bangladesh (native country). He holds a "Bangladesh Passport". We want to get married in June in the UK, file I-130 and mail the petition package to the U.S. listed USCIS address from the UK. Below are some of the questions/doubts I am having Please feel free to share opinions. Thank you.

1. Is it okay to get married in the UK in other words use UK marriage certificate In the petition.

2. Even though we are mailing the package to U.S.A address during at the end of our stay in the UK are we good to put his "present and Permanent address" his Bangladesh address.

3. Hypothetically by the time we get married in June 2015 if his K1 ceac status still remains on AP should we send USCIS an official letter to withdraw K1. Should we send the letter before we send I-130/cr1 package or during the I-130 process.

4. If we get K1 denial letter by May 2015 are we ready to file I-130 right away or should we wait. Our service center was "California service center".

5. What are the chances of us getting a denial again of CR1 at the interview because of our K1 refusal.

6. How long does it take an estimate of time for CR1 to get approved.

7. I do think because he holds a Bangladeshi Passport and is a muslim he is still on AP. I cant think of any other reasons for him to be on AP where the CO already told him he was verbally refused at the interview.

The reason CO verbally refused my fiance: She asked if my fiance ever came to USA to visit his future in laws family and me. He said No. I was the one always went to the UK to visit him. That's when she said she wasn't convinced. My family is also going to the UK in June to get us married. I am hoping they dont deny us again based on this ground any longer.

Please do advise me. Thank you

[Cathi 5,610]

Before you marry and apply for a cr-1 you need to find out the exact reason why he was denied. Marrying does not fix the reason for denial and just because you are married doesn't mean he will be approved. You need to overcome the issues for the denial before proceeding with a new petition and visa. Good luck!

Edited April 8, 2015 by mimolicious

[KierenHby 897]

Did your fiance renew his passport?

Besides reason(s) for the K-1 non-approval, he will never be issued any visa on a passport with less than 6 months' validity.

[Boiler 43,430]

You need a visa to get married in the UK. Why not in Bangladesh so his family can attend?

[NigeriaorBust 4,087]

File a second K1 they actually have a hard time refusing in the face of a second petition no matter if it is K1 or CR1

[Boiler 43,430]

File a second K1 they actually have a hard time refusing in the face of a second petition no matter if it is K1 or CR1

And he would be reinterviewing at home.

[yuna628 9,528]

It is not legal for you to enter the UK to get married without you obtaining a fiancé type visa. You must obtain a marriage visitor visa if you intend to return home to the USA after marriage. You must prove that you meet the requirements of this visa, and there is no guarantee they will accept you. https://www.gov.uk/marriage-visa/overview

[nusshaf14 1]

Thank you so much @Yuna628. If you didnt tell me I would have completely ignored this valuable useful information.

@Boiler because of not having enough vacation days my family found getting us married in the UK is the best option for now. Also Bangladesh is really far and very time consuming. My fiance's family will be throwing another wedding reception party once he and I go to Bangladesh after the marriage.

@ Kiran n Suds yes he has a renewed passport. Thank you

@ Nigeriaorbust We might try this as well. Right now we are just so tired of waiting both families want us to settle down, hence the idea of CR1.

@mimolicious We are still on ap . How do I find out the reason of denial? Been emailing the embassy no response from them as of yet.

Thank you guys for all your input. If only the AP turned into approved all of my problems would have been solved. Still hopeful Idk why. Any of you think we still have a shot of getting approved??

keep those advises coming ( if any).

[Pishi_Pishi 63]

I am not sure if he was refused indeed. They might need more time to investigate. CEAC shows AP and not refused. Many people get refusal letter at the interview and he did not. There is still chance. At my fiances' interview was similiar where CO said since you do not speak good English, I am not convienced and we are still in AP. It's been over 4 months. They do put most muslims on AP. Maybe CO needed more time to investigate and they put him on AP for security checks. I would wait a little longer before cancelling K1 or trying to find out from embassy of the status. Hope all works out!

[Cathi 5,610]

Thank you so much @Yuna628. If you didnt tell me I would have completely ignored this valuable useful information.

@Boiler because of not having enough vacation days my family found getting us married in the UK is the best option for now. Also Bangladesh is really far and very time consuming. My fiance's family will be throwing another wedding reception party once he and I go to Bangladesh after the marriage.

@ Kiran n Suds yes he has a renewed passport. Thank you

@ Nigeriaorbust We might try this as well. Right now we are just so tired of waiting both families want us to settle down, hence the idea of CR1.

@mimolicious We are still on ap . How do I find out the reason of denial? Been emailing the embassy no response from them as of yet.

Thank you guys for all your input. If only the AP turned into approved all of my problems would have been solved. Still hopeful Idk why. Any of you think we still have a shot of getting approved??

keep those advises coming ( if any).

Sorry, I misread. Even so, getting married while you are in AP won't solve anything, you still need to find out the reason for AP or when you get back to the consulate with the new visa, the same issue will still exist. If you don't have an answer soon you can contact a congressperson or senator's office in your home state to inquire on your behalf.

[pdking5000 56]

I am not sure if he was refused indeed. They might need more time to investigate. CEAC shows AP and not refused. Many people get refusal letter at the interview and he did not. There is still chance. At my fiances' interview was similiar where CO said since you do not speak good English, I am not convienced and we are still in AP. It's been over 4 months. They do put most muslims on AP. Maybe CO needed more time to investigate and they put him on AP for security checks. I would wait a little longer before cancelling K1 or trying to find out from embassy of the status. Hope all works out!

so speaking English is a requirement to get a visa now? *mindblown*

I was afraid of this as it could be used against my fiance. God I hate this damn system.

[Boiler 43,430]

Being able to converse in a common language maybe.

[Pishi_Pishi 63]

so speaking English is a requirement to get a visa now? *mindblown*

I was afraid of this as it could be used against my fiance. God I hate this damn system.

I was shocked too..he was denied a translator as well. CO spoke his language, but kept talking in English. Luckily, my fiance is much better in written English and I provided ton of written evidence, besides we went on vacation together several times. Maybe it was just that CO, I hope.

[pdking5000 56]

Being able to converse in a common language maybe.

well if they try to interview her in English or test her on it we are ######...

I hope they pay attention to the hundreds of chats that we have in Spanish...but I doubt they are that competent.

[Boiler 43,430]

He is on a student visa in the UK so is going to speak English.

As far as Mexico I am concerned I have never heard of language being an issue.