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K1 denied under section 221g

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Filed: AOS (apr) Country: Cyprus
Timeline

THank you....but that is for a CR1 visa. Marriage visa. I am doing a k1 visa. Fiance visa. IF you know anything, I would appreciate it.

It is still a very relevant thread with information on how to try to get the refusal overturned, you would do the same as someone with a CR1.

1. You contact the consulate by email or best, if you are there in support of your fiance's interview, you start troubleshooting immediately

by insisting to speak to the section chief as the petitioner, not the beneficiary.

2. You, the petitioner, make a request for a second interview (best with you there) through your senator/congressman and to have a chance

to submit evidence that will overcome your inconsistencies.

To zoom in to what these 'inconsistencies' are, drill your fiance to tell you word for word what the CO asked, every question, everything he

may focused on. Have your fiance scan you the 221g so you can see what exactly is marked and /or written on the 221g.

Usually, if no inconsistencies come to mind then your case has been refused under the assumption and speculation by the CO that

your relationship is not a genuine one and is for the purpose of immigration benefits only. This is a blanket statement and happens a lot in Ghana.

If no second interview is granted, even though requested by the senator, then your case will be returned to USCIS for review as they will say.

However no review will happen and your petition will sit and purposely be allowed to expire and you will receive a letter from USCIS in 6 month

that you can file again. You can marry and file a CR1, you don't have to wait for the letter to arrive but be sure it has been returned and is not

sitting in AP for internal investigation. As long as it is in AP you have a chance, once it has been returned you have to start over.

CR1's get a second chance by USCIS for a rebuttal if their case gets returned, for a K1 it's the end station and expires, that is why it's vital to

do a senatorial request for a second interview. How you overcome the inconsistencies .....the burden of proof is yours to show you are genuine.

Please read the thread.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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there was one question they asked and he did not know....I was previosly married, they asked him What was the date of my wedding anniversary from my previous marriage. He said I dont know.

So strange to ask that question.....

Do you think I should wait for the outcome or just marry and file the CR1??

It's not strange to ask the question. Actually it is very common question to ask a beneficiary to see how close you are to each other. In the G-325A form it asked about previous marriages and CO would expect both you share each other information because you both are getting married. That's why some couples here doing exercises Q&A before go to the interview.

Just married and file CR-1 isn't guarantee an approval. You have to make sure that both of you really know each other, outside and inside, if you know what I mean. If you are willing to disclose very sensitive information such as financial information, etc, how come date of marriage he can't remember?

My husband and I were never married before we met. But I knew all dates of his deployments, his apartment number, places of his deployment, etc. He knew my friends names in Indonesia, my cats, my favorite colors, how many sibling I have and long list that I can't mention here.

Is it showing a true love? Not a guarantee but if you are really love someone then you should know better all information about them.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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Filed: K-1 Visa Country: Nigeria
Timeline

well to be honest with you, only god can tell what happen, cause i was in AP for only one month, iam from nigerian based in gambia,i went on my interview i think on 19 december 2014, in senegal dakar,the CO ,place me on AP,i never lose hope, on jan, usa embassy in dakar called my wife , started question her ,after that,they called me to pick up my visa, i left africa on 7 feb, dont worry just keep praying,how old is he? whats your ages? GHANA NIGERIAN HAS RED FLAG,BUT BEST LUCK

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

My fiance was denied the K1 visa at his interview under 221g and was told that our relationship has too many inconsistencies. What does that mean? Our relationship has been consistent since day one. I am confused. Does anyone know what this means?

Inconsistencies in your relationship could mean for example you state you have been involved with this person for X # of years yet you cannot answer simple questions about them etc. Here are some of the reasons I found from others on VJ in your situation that were denied. Maybe you can review with your fiance to see if any of these happened in the interview.

K1 Visas

-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of a petitionable relationship; misrepresentation of the facts;. A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated.

Lack of proof of bonafide relationship, not free to marry, already married ( in their eyes ) not enough money for affidavit , fiancé doesn't know details of work or family

didn't meet within 2 years, did not adhere to the cultural norms (such as didn't have an engagement ceremony when this is customary for the local culture, or one fiancé is much older than the other when this is unusual for the local culture). A very large age difference between the couple can cause concern. However, there is no specific age limitation.

Relationship a scam for immigration purposes only.

No common language/They are paying attention to Skype logs, wanting to make sure you can communicate together.

Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)

Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen

Inability to establish concrete evidence to demonstrate to the CO that relationship is genuine.

Usually when K-1's are sent back to USCIS the petition will expire before it is re-adjudicated. You will most likely have to file again or get married and file an I-130. Before re-filing you must find out the specific reasons for denial, and address those reasons, or filing a new petition will most likely be denied as well.

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Wow....thanks so much. This is alot of information for me to process. I already contacted my congressman office and they sent the consulate an email asking to revalidate or extend my k1 and requesting reasons for the denial. As of today it is still at the embassy and has not been returned. I also sent the consulate emails but i never thought about requesting a second interview i would love to come for that.

@luckyef...what reason did they give you for the denial?

Thanks everyone....?

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Filed: K-1 Visa Country: Philippines
Timeline

To me, that was a very un-fair question to ask him, "when was you and your ex-husband's wedding anniversary".,.,.,..that was just an officer looking for a way to deny.

This is just an opinion, as I have never read such on this site.

Comply with the 221g, and answer their questions, the best you can.

Good luck.

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Filed: K-1 Visa Country: Nigeria
Timeline

Sorry for thins went wrong , but never lose hope , it's well , do they give him option for waiver ? Iam Nigerian , but I was based in The Gambia , I went to interview in Senegal , I went through hell, I was place in AP,the CO,ask me about if my wife was married before , her kids name and age and location , I got all correct , she told me I should wait and they will get back to me , this happen back in 19 December 2014, on jan2015 usa embassy in Dakar called my wife , before I got the visa , my advice contact the embassy to see what you need to do next , cause getting married now does not make you get the visa or prove to them that your relationship is real , you most frist slove this one on ground .

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Filed: K-1 Visa Country: Nigeria
Timeline

How I wish I knew you before he went to the interview , I could have told you to buy ticket and go with him to the Interview room, cause he will get a better chance when they saw you with him , god is with you , my wife contacted her congress man ,

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Filed: Citizen (apr) Country: Nigeria
Timeline

You can either marry and file a CR1 or file another K1 immediately. How long have you been to Nigeria ? The magic number seems to be about 30 days. One short trip usually leads to a tougher interview and denials. When you were in Nigeria did you meet his parents/siblings ?

This will not be over quickly. You will not enjoy this.

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Filed: AOS (apr) Country: Cyprus
Timeline

there was one question they asked and he did not know....I was previosly married, they asked him What was the date of my wedding anniversary from my previous marriage. He said I dont know.

So strange to ask that question.....

Do you think I should wait for the outcome or just marry and file the CR1??

I certainly wouldn't have remembered it if I was asked. It may have been talked about but who remembers that !

It was a question to trip him up. It could also be a question to see if dates are purposely

rehearsed. The divorce date yes, but asking the anniversary with the ex is stupid.

Who says oh by the way honey today is my ex's and my anniversary date. Who cares ? :rolleyes:

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: Timeline

Some makes it bad for others , there are sorric stories told here & other places

about the use of USC for immigration benefits (not saying that's your case) this

causes consulates to be leery in some countries more than others where the CO

has come to know the locals games and history of the behaviors, also although

one may have a fiancé or spouse its a privilege to be allowed in & not a right.

You need pictures with family members or friends included, another visit, and

some telling proof of authenticity since there are inconsistencies (could be a date

or paper-work) at this point you should look at marriage even though you still have to

address the problem, meeting once & not spending lots of face time can peak a CO

interest especially if its a female, after all this is a serious thing called marriage not

to be taken lightly....wishing you the best on your journey also the Congressperson

cannot make decisions be changed, they just look into the matter & tell you what

may be happening

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

I was there for two weeks and yes they did ask when was my divorce date and he answered correctly. I guess she got mad that he did and then asked when was my previous wedding date, smh....

@ebunaluwa...lol thanks i needed that laugh. Lol i will share that with my fiance...??

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

And your right...it could be a date or some thing from our paperwork. And yes he did show pics of me with his mom, dad and sisters. They kept his paperwork and asked for his phone number at the end of the interview.

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