K-1 Refused :(

[rvarela 0]

So my partner received a 221(g) for lack of relationship proof (Armenian embassy). I have read through the other posts and I guess my choices are to contact my congressman or get married and try for a CR-1. I am totally devastated as I just had our baby in July and had been working on setting up our life here in the U.S. I guess my question is what exactly am I asking my congressman to do? Should I get a lawyer? If that doesn't work, do I have to withdraw my K-1 or do I just let it expire? I don't understand how we failed to show that we had a bona fide relationship as we submitted pictures, many pages of chat logs, letter of intent (twice), proof that we traveled together (we lived in the same place so number of times we met isn't an issue) and receipts for financial support. The red flags could be that I am a bit older than him (10 years) and that I am not Armenian so we did not do all of the traditional engagement ceremonies. They didn't ask him about any of that during the interview, so I don't know if it was an issue. As far as he is concerned the interview was fine and was pretty short. They kept his passport and asked for some additional translations. Then they called him today and told him to come get his passport and the 221(g). Any and all advice appreciated.

[Pitaya 2,577]

~Moved from K1 Process to Waivers and Admin Processes (I-221) Forum~

~Similar topics are discussed at this forum~

[MiNMiLove 33]

So sorry. I hope y'all get the direction you are needing. Continue to read and ask questions to find the answer. I tried looking, but was not able to find. I have read to call your congressional representative and I believe to ask for embassy or consulate help- not really sure to be honest.

[Ebunoluwa 6,136]

So my partner received a 221(g) for lack of relationship proof (Armenian embassy). I have read through the other posts and I guess my choices are to contact my congressman or get married and try for a CR-1. I am totally devastated as I just had our baby in July and had been working on setting up our life here in the U.S. I guess my question is what exactly am I asking my congressman to do? Should I get a lawyer? If that doesn't work, do I have to withdraw my K-1 or do I just let it expire? I don't understand how we failed to show that we had a bona fide relationship as we submitted pictures, many pages of chat logs, letter of intent (twice), proof that we traveled together (we lived in the same place so number of times we met isn't an issue) and receipts for financial support. The red flags could be that I am a bit older than him (10 years) and that I am not Armenian so we did not do all of the traditional engagement ceremonies. They didn't ask him about any of that during the interview, so I don't know if it was an issue. As far as he is concerned the interview was fine and was pretty short. They kept his passport and asked for some additional translations. Then they called him today and told him to come get his passport and the 221(g). Any and all advice appreciated.

Did the CO say that the case will be returned to USCIS ?

From what you posted it sounds like he was asked to submit additional items (translations). Have him scan the 221g to you and post it here

with all personal info deleted. Sounds like all he needs to do is submit what they asked for to be issued the visa. Has he submitted the translation ?

The 221g is given out when AP is needed, when a case gets returned and when additional documents or evidence was requested.

From what you wrote it is unclear which of the 3 the issue really is.

Email the consulate and ask, if they don't answer within a few days contact the senator to make an inquiry what is going on and if

needed request a second interview.

Please update here.

[Jawaree 717]

Seem they want things translated on the 221G, was the baby born made known

and yes speak to your congressperson , you will need a form from their website

for an approval to do inquiries on the case it must be signed by mate, you can

scan & send to him

[rvarela 0]

Thanks for your help! To clarify, they asked for the additional translations, passport and more proof of ongoing relationship after the interview. We submitted this in August and then it went to AP. Just yesterday they gave us the 221g that stated they were returning it to USCIS. I am attaching the letter here. Yes, the baby was born in July. In the interview they asked if the baby was his (since we weren't married) and he confirmed, but they didn't ask for DNA or anything...we thought to do this but we initially applied and had expected an interview before he was born. My partner thinks he was denied because he has duel citizenship in Syria (and served in the Syrian army as all men do). If he had a security issue, they would have said that, right? So if it is already being returned, can my congresswoman do anything? I can go to Armenia if I have to, just need to get a passport for the baby.

[mallafri76 1,012]

Sorry to hear what you're going through. Sounds that for some reason, they didn't believe you were in a bona fida marriage. I have seen some posts here where the USC contacted their Senator/Congresswoman very quickly after the denial and were able to keep their case at the embassy and get a second interview. Two of those OPs were approved at the second interview.

So get your Senator or Congresswoman involved asap. They'll usually have a link about immigration assistance on their website. You need to fill out a release form, which allows the Senator/Congresswoman to request information on your case and then you send that with your email request to the Senator/Congresswoman. But you need to be quick about it, so the embassy don't have time to send off your case. Good luck.

[WandY 430]

Realistically, it's a national security issue. K1 isn't going to work. The fact that he was in the Syrian army should be - and is- a red flag. That's the reality in America. Contact your congressional rep.

[Morganalmonshid94 84]

Sadly it is likely the Syrian issue .

[usmsbow 796]

Realistically, it's a national security issue. K1 isn't going to work. The fact that he was in the Syrian army should be - and is- a red flag. That's the reality in America. Contact your congressional rep.

Sadly it is likely the Syrian issue .

As the OP mentioned, all Syrian men are required to serve in the military. Also, the OP did not say when her fiance served in the Syrian army. If it was 5+ years ago, it's a non-issue. The OP's fiance is also a dual citizen. If his other citizenship is Armenia (OP doesn't say, I'm just guessing), then I really doubt he was denied due to national security reasons. The OP also didn't say when her fiance last lived in Syria.

There are a few other Syrian men who received K-1 visas in the past year (usually via the US embassy in Turkey).

I'm guessing the denial is more due to the reasons the OP gave: age gap and cultural stuff.

Edited to add: sorry OP, I don't have any advice on what steps to take from this point forward, but Ebunoluwa is quite knowledgable about this topic.

Edited October 17, 2015 by usmsbow

[Ebunoluwa 6,136]

If it has not actually been returned yet then the senator can request a second interview, if that is granted then fly there to be with him.

He should also make an inquiry as to the specific reasons the CO assumed lack of bona fide.

If the case has already left the embassy then you have to file another petition, CR1 over K1 recommended.

To answer your other question, no the K1 doesn't need to be withdrawn when you file again, it expires and is closed.

There is nothing a lawyer can do with the return.

Sorry to hear and wishing you, your baby and fiance the best.