REVOCATION

[revolutionme 0]

My visa petition was revoked and returned to USCIS for further processing/consideration. I have heard from several people at this point that USCIS doesn't handle the case before the petition expiring. As a result you have no chance to respond before the petition is expired. I'm hearing from state department people that the best solution is to refile the petition. I'm scared to do this, since I don't have the grounds, just that the officer found or relationship not to be legitimate (GRRR!).

Has anyone done this?

[Penguin_ie 5,986]

Yes, many people have re-filed, or gone to get married and then files a CR-1 spousal visa, as that shows a comitment (and also requires more time together, which can help.).

But you should definitely try and find out more about why you were denied first....

Any red flags in your case, such as large age difference, religious differences, previous immigration cases or recent divorce?

What sort of evidence did you present at the interview?

Anything the interviewing CO seemed to dwell upon?

[Adil & Jeanne 296]

some embassies don't give any reason for denial just write denied so don't wait

we never heard why K1 denied

the Co just said to him "you smile / you lie"

waiting to hear aa reason will never happen

USCIS just lets the application die

we then married and filed CR 1

you can refile K1 like our friend did but could be another denial too / he ended up CR 1

[revolutionme 0]

Same-sex marriage would be impossible in his country. It would require getting him to the EU. :-/

[Renee2016 14]

Why a second interview after ap then denied why do they make people wait

[NigeriaorBust 4,087]

Second petitions have a higher success rate ( both K and CR ) Neither is a slam dunk. You could be denied the second time. With a second K1 you could get married and try a 3rd time right away , with a CR1 you have to wait for them to review it . What evidence did you submit of a bonefide relationship ? In many countries the amount of proof is much higher than countries that can use VWP or where most of the petitioners are male.

[revolutionme 0]

He actually had 4 interviews/appointments at the embassy! Each one requiring a difficult and dangerous trip to the city. Several times the adjustment (air pollution, he has asthma) made him sick to the point of hospitalization. The embassy said, "Thank you for contacting us again. As XXXXX was informed at the consular section, the case was not approved because the consular officer was not convinced of the legitimacy of the relationship. " I requested grounds, more information, and they refused. Now there is a new consular officer who is unable to say anything. From everything I've heard, I'll have no access to my case until I hear back in 180+ days.

The only thing I can think of is that there is an age gap. We produced plain tickets, pictures, and abundant evidence of our ongoing relationship. I've never felt so degraded in my life, already having lived through the discrimination of being gay, now to have my loving relationship dismissed by a bureaucrat.

[Harpa Timsah 13,258]

How did you meet? How long have you spent in person together?

In these cases they are not questioning your commitment to the relationship, but are questioning the beneficiary's. It is unfortunately fairly common for people in poor countries to pretend to be in love so they can get to the US. I am not saying this is true in your case, but if you were denied and revoked this is what the embassy suspects. You should try to think about why they suspect this.

[Penguin_ie 5,986]

How often did you meet, and for how long?

Why did he have 4 interviews, that is extremely unusual. What did each interview concentrate on?

[dwheels76 5,463]

He actually had 4 interviews/appointments at the embassy! Each one requiring a difficult and dangerous trip to the city. Several times the adjustment (air pollution, he has asthma) made him sick to the point of hospitalization. The embassy said, "Thank you for contacting us again. As XXXXX was informed at the consular section, the case was not approved because the consular officer was not convinced of the legitimacy of the relationship. " I requested grounds, more information, and they refused. Now there is a new consular officer who is unable to say anything. From everything I've heard, I'll have no access to my case until I hear back in 180+ days.

The only thing I can think of is that there is an age gap. We produced plain tickets, pictures, and abundant evidence of our ongoing relationship. I've never felt so degraded in my life, already having lived through the discrimination of being gay, now to have my loving relationship dismissed by a bureaucrat.

Really sorry for what you are going through. But have you ever petitioned anyone before? Or has your fiance ever been petitioned before? They may be suspecting you are pretending to be in a relationship to get him over.

I ave seen this a few times where suddenly a petitioner or beneficiary says they are Gay. Does your community, neighbors, family know you are gay? Did you submit affidavits attesting to this.

Because you come from a country that being gay can be a death sentence they probably are having a hard time believing the legitimacy of the relationship. Sorry

How long have you been in a relationship? How long were the visits together? Did you submit alt of pictures of the two of you with friends and family that can attest to your relationship?

You have to realize many go through this and if they did do some field agent work and they asked your neighbors what do you think they might say?

I have friends who had field agents come to their parents hoe dad said "yes he has any girlfriends". Now that was the nail in the coffin since the man is married.

Another no neighbor could attest to a wife. They said the man wasn't married they never saw him wit the woman mentioned. So alot has to do with do people know about the two of you.

Also how did your fiance' respond to answers in the interview? Confident, rattled, didn't know? What were the questions asked? What was the focus of the CO?

You are from a Africa country where family approval and support is the norm.

Edited May 30, 2016 by dwheels76

[Adil & Jeanne 296]

180 days / don't count on hearing anything

it has been over 6 years since we filed K1 and i never heard anything from the interview about denial

K1 returned to US is allowed to die out and there is no appeal

K 1 returned to the US is allowed to die out and this 180 days ????

over 6 years since our first application the K 1 / never heard a thing

reapply

[Mas - Miracle 8]

On 5/30/2016 at 5:26 AM, revolutionme said:

My visa petition was revoked and returned to USCIS for further processing/consideration. I have heard from several people at this point that USCIS doesn't handle the case before the petition expiring. As a result you have no chance to respond before the petition is expired. I'm hearing from state department people that the best solution is to refile the petition. I'm scared to do this, since I don't have the grounds, just that the officer found or relationship not to be legitimate (GRRR!).

Has anyone done this?

I am in the same stage I got it yesterday in US embassy Abu Dhabi UAE I am really depressed now ..