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Filed: K-1 Visa Country: Iran
Timeline
Posted

this is unbelievable :(( we have been made a lot of plans for our wedding and stuff, this is so unfair that they refused my fiances visa for some bs reasons..what we do now :( im losing my hope gradually...if they dont give her a visa im gonna need to leave this country for ever and go back to my fiance which I love her from the bottom of my heart.
if you have any advises please let my know. im trying to contact my senator and go to his office right now. I have also attached a copy of the refusal worksheet..

Your case is administratively closed. Consular officers apply a “reasonable person standard” when evaluating the bona fides of claimed spousal, fiancé and other relationships. These facts would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws (or is otherwise invalid). Therefore, the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become eligible for a visa under section 212(a)(6)©(i) of the Act. If USCIS reaffirms the petition, the petition will be returned to post for further processing.

Copy of the refusal sheet is attached.

post-210614-0-36942100-1447770884_thumb.png

Filed: K-1 Visa Country: Wales
Timeline
Posted

Immigration is a two way street, there was a thread about this recently.

If you are looking for the quickest option, then it would be for you to move.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

this is unbelievable :(( we have been made a lot of plans for our wedding and stuff, this is so unfair that they refused my fiances visa for some bs reasons..what we do now :( im losing my hope gradually...if they dont give her a visa im gonna need to leave this country for ever and go back to my fiance which I love her from the bottom of my heart.

if you have any advises please let my know. im trying to contact my senator and go to his office right now. I have also attached a copy of the refusal worksheet..

Your case is administratively closed. Consular officers apply a “reasonable person standard” when evaluating the bona fides of claimed spousal, fiancé and other relationships. These facts would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws (or is otherwise invalid). Therefore, the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become eligible for a visa under section 212(a)(6)©(i) of the Act. If USCIS reaffirms the petition, the petition will be returned to post for further processing.

Copy of the refusal sheet is attached.

Sorry, hope you try again. We were also refused the first time and filed another petition so I know how you are feeling.

What did they not like, what questions did they repeat ?

Did you have enough visits and good quality relationship evidence ?

Did you front load your petition ?

You can ask the senator to request a second interview (very slim chance) and if granted then fly over to be present.

If they do not grant a second interview then it will purposely expire at USCIS and it will NOT give you the chance for rebuttal.

Rebuttal is for returned spousal visas only.

Also it should read "beneficiary will become ineligible (not eligible) for a visa under section....." Having said that, K1's will not be revoked

but expired so therefore the 121(a)(6)©(i) fraud marker will not apply to you.

Their stupid generic answer (in blue) is riddled with mistakes and outdated.

You can file another K1 or marry and file a CR1 or move to your fiance, those are your options.

Whatever you decide I wish you both the best.

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.

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: AOS (apr) Country: Jamaica
Timeline
Posted (edited)

Sorry, hope you try again. We were also refused the first time and filed another petition so I know how you are feeling.

What did they not like, what questions did they repeat ?

Did you have enough visits and good quality relationship evidence ?

Did you front load your petition ?

You can ask the senator to request a second interview (very slim chance) and if granted then fly over to be present.

If they do not grant a second interview then it will purposely expire at USCIS and it will NOT give you the chance for rebuttal.

Rebuttal is for returned spousal visas only.

Also it should read "beneficiary will become ineligible (not eligible) for a visa under section....." Having said that, K1's will not be revoked

but expired so therefore the 121(a)(6)©(i) fraud marker will not apply to you.

Their stupid generic answer (in blue) is riddled with mistakes and outdated.

You can file another K1 or marry and file a CR1 or move to your fiance, those are your options.

Whatever you decide I wish you both the best.

How is it that they can give these answers with completely wrong and misguiding information? So frustrating! It's one thing to be denied but then to be told you can rebut a K1 when that is totally false is such BS. Why are they allowed to give completely erroneous information? Talk about immigration reform

Edited by LionessDeon
Filed: K-1 Visa Country: Wales
Timeline
Posted

How is it that they can give these answers with completely wrong and misguiding information? So frustrating! It's one thing to be denied but then to be told you can rebut a K1 when that is totally false is such BS. Why are they allowed to give completely erroneous information? Talk about immigration reform

???

Government can lie to you. Supreme Court said so.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Jamaica
Timeline
Posted

I'm so sorry to hear of your denial. What questions were asked? Make sure your fiancé gives you a full and complete account of the interview. If you choose to refile as a fiancé or a spouse you still have to address the concerns that caused the denial. Stay vigilant and don't give up.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Gosh, governments can be so cruel. Stupid rules, taxes, denials of valid relationships. Yet when they do harm to us in some way, we spend months trying to find a valid answer (because who can afford to stay home all the time making calls). I am sorry to hear, Sirwan. That be a fear I would have because of some circumstances (mainly financial) in my life.

Sirwan, do you know at all why they would call your relationship a sham? What right they think to say that?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Do you know more than the OP is sharing?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Iran
Timeline
Posted

Hi,

We had exactly the same experience. My Fiance is an Iranian man and our interview was in yerevan. We have a big age difference ( me the older woman) and the interviewing officer was a bit rude about that. He even said my fiancé's sister was paying me to marry him, which is insane. We had lots of proof ( i thought) but clearly not enough. We had only met once before filing, which may have worked against us as well. They are not supposed to make a decision based upon age difference but I think its impossible for them to keep an open mind really with so much fraud.

From what I have read, theres nothing more to do. I emailed the embassy asking them to reconsider but I am not expected them to say "okay".

We are devastated but not done in. Many couples reapply and are approved so you have that option. We might do that .Or marry ad then file as a spouse. We are considering that as well.

So sorry...I know exactly how you feel. We are so incredibly sad.

Let me know what you decide to do and DONT give up!!!

event.png
Filed: K-1 Visa Country: Iran
Timeline
Posted

Thank you all for your great comments and advises. So yes my fiance said that during the interview everything was going well until the officer asked her about my collage's name, she said i couldn't remember your collage name and I told the officer the same thing but he thought I was lying the whole time. she said after that they were placing too much unnecessary stresses to that answer and then became over emphasized about it and started telling me that I was lying. she said me they told her few times and threatened her that (do you know if you lie about any of these answers you will never be able to go to USA for any kind of reasons such as marriage, studying, work purposes and etc..tell us the truth we know you are lying) :I excuse my language but #######?

How could they thread her like that? why would she lie about such thing? seriously is this a joke?? we are in love and have so many plans for our future and kids! but they're trying to ruin everything because of an officer who probably didn't had a good time at home a night before the interview. Why would she come here for immigration purposes??? what does the united states have done for us? I have been here for six years and a half now what I have done is just work! paid hundreds of dollars like any other foreign people to USCIS untill I got my citizenship..have paid too much taxes to the IRS..I still dont have a health insurance, so what are the benefits of being an immigrant here in the U.S. that people wanna move here so badly?

I SWEAR TO GOD IF IT WASNT ABOUT ME AND IF IT WASNT LOVE BETWEEN US SHE WOULD NEVER THINK ABOUT COMING TO THIS COUNTRY! BECAUSE SHE IS A FAMILY PERSON, SHE LOVES HER FAMILY AND ITS SO HARD FOR HER TO LEAVE THEM, BUT SHE WANTS ME MORE THAN ANYTHING AND I WANT HER THE SAME WAY. THIS IS IT!!! IS THIS SO HARD FOR AN OFFICER TO UNDERSTAND WITH ALL THAT PROVES OF RELATIONSHIP THAT WE PROVIDED TO THE EMBASSY? LIKE ALL THAT PICTURES, PHONE BILLS, VIBER SCREEN SHOT...I dont know what else to say :(

Im sorry I didnt want to right this much im just so upset maybe thats the reason..good luck everyone

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

How is it that they can give these answers with completely wrong and misguiding information? So frustrating! It's one thing to be denied but then to be told you can rebut a K1 when that is totally false is such BS. Why are they allowed to give completely erroneous information? Talk about immigration reform

A disconnect between USCIS and DOS. Old outdated templates. Underlings not knowing the regulations.

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.

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

What was your primary evidence?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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