Denied K1? (not sure, we actually withdrew it)- Now applying for IR1

[darth vader 133]

Hi,

 

We applied for a k1 in 2014, had an interview at Mumbai consulate on 05 September 2014 where my then fiance (now husband) was denied after a very short and rude interview. The officer said he didn't think our relationship was genuine. We were really shaken and tried to contact our congressman's office to intervene but nothing came out of it. We were told our petition was being sent back to USCIS for further evaluation and possible revocation. At this point we gave up on out k1 and considered it denied as USCIS just lets these petitions expire. We got NOC from New Delhi embassy and married in India in the presence of my husband's family. Later that year we got a call from USCIS saying that upon review of our case they want my husband to come for another interview. We definitely didn't want to pursue k1 at that point so we withdrew the application. We both moved to Canada to attend graduate school next year and have been living here since. Now we want to apply for IR1. I have multiple questions that I need your guys' help with:

 

1. Our understanding is that our k1 wasn't denied but was withdrawn. Is that correct?

 

2. In I-130 form, for question where they ask us to mention the last address where we lived together, do we have to provide the most recent one? We have moved from our last address where we lived together for two years. We have only lived in the new address for about three months now. Can we mention the older address on the I-130 where we lived for two years as it would look better and then add the most recent address on a separate sheet that we are sending in for the information that cant fit in the I-130?

 

3. Our wedding took place in India and only my husband's family and one of my husband's sisters' friend was present. We do have photos of the ceremony and some casual photos of before and after the ceremony of us with my husband's family. We have photos at various locations in India, with my husband's friends, photos at the university events together etc. Are these sufficient evidence for bonafide marriage? We also have filed taxes together in Canada and my husband is mentioned in my U.S. taxes, we have joint bank account. We didn't have both of our names on our lease together but the university apartment agent gave us a letter confirming we indeed lived there together. We are still worried that not having my parents in any of our photos might be an issue? We are working on fixing it so we can some photos with my family too before the interview. Is all this evidence OK? Do we need a letter of support from my parents?

 

4. Can we do direct consular filing from within Canada as I live and work here now?

Any advice/opinion is welcome.

 

Thanks!

[milimelo 4,852]

There's no direct consular filing in Canada. 

[geowrian 22,344]

1. It sounds like it was refused to me. While you may have chosen not to pursue it any further, you interviewed and were refused.
2. It asks for the most recent address where you lived together, so that's what I would provide. You can add a statement in Part 9 (or via an attachment) covering the previous address.
3. Send whatever you do have. Since you live together, I would show evidence of that first and foremost. The photos, joint account, joint taxes, etc. are good to add as well.
4. Canada doesn't have DCF.

[darth vader 133]

10 minutes ago, geowrian said:

1. It sounds like it was refused to me. While you may have chosen not to pursue it any further, you interviewed and were refused.
2. It asks for the most recent address where you lived together, so that's what I would provide. You can add a statement in Part 9 (or via an attachment) covering the previous address.
3. Send whatever you do have. Since you live together, I would show evidence of that first and foremost. The photos, joint account, joint taxes, etc. are good to add as well.
4. Canada doesn't have DCF.

Thanks for the reply. This is really confusing for me, how was it denied when I could have interviewed again? I sent a withdrawl letter to the New Delhi embassy and they confirmed they received and were sending it back to USCIS? Also, I inquired thrugh our senator's office again and the USICS said that our petition was sent back and expired, most likely due to the withdrawl? Also, the letter we got at the interview never mentioned the word denial, it said they were sending it back to USCIS for possible revocation which according to our understanding never happened, and someone reviewed our file and asked us to interview again.

One other thing I would like to ask is that since we were under impression that the k1 was denied and sent back to USCIS where they just let it expire, we went ahead and got married. Once we got to know that k1 application was still alive and we were asked to come to the interview, we immediately withdrew it as we were married now. Will it cause issues since we withdrew the application after getting married but as soon as we knew it was still active and hasn't been sent back to USCIS or denied?

Edited November 19, 2017 by darth vader

[pushbrk 13,837]

3 hours ago, darth vader said:

Thanks for the reply. This is really confusing for me, how was it denied when I could have interviewed again? I sent a withdrawl letter to the New Delhi embassy and they confirmed they received and were sending it back to USCIS? Also, I inquired thrugh our senator's office again and the USICS said that our petition was sent back and expired, most likely due to the withdrawl? Also, the letter we got at the interview never mentioned the word denial, it said they were sending it back to USCIS for possible revocation which according to our understanding never happened, and someone reviewed our file and asked us to interview again.

One other thing I would like to ask is that since we were under impression that the k1 was denied and sent back to USCIS where they just let it expire, we went ahead and got married. Once we got to know that k1 application was still alive and we were asked to come to the interview, we immediately withdrew it as we were married now. Will it cause issues since we withdrew the application after getting married but as soon as we knew it was still active and hasn't been sent back to USCIS or denied?

Your petition approval is what expired, and it expired because the approvals have expiration dates.  It's as simple as that.  If you didn't attend an interview, you did not "apply for" a visa.  If you don't apply for a visa, it cannot be denied.  Is there a question in there somewhere?

[darth vader 133]

7 hours ago, pushbrk said:

Your petition approval is what expired, and it expired because the approvals have expiration dates.  It's as simple as that.  If you didn't attend an interview, you did not "apply for" a visa.  If you don't apply for a visa, it cannot be denied.  Is there a question in there somewhere?

Thank you for the reply. Again, I am not sure if I explained this correctly. My husband did go for an interview, was given this letter attached here. We considered this denial as USCIS just lets these petitions expire. Now, we got married after this (we got NOC from New Delhi embassy). But we got a request for interview again, saying that it was returning it to NVC (MY HUSBAND NEVER WENT TO THE SECOND INTERVIEW WHICH WAS REQUESTED). Here is our inquiry after withdrawl and Mumbai consulate's response:

 

Date/Time Case Opened:	xxxxxxxxxxxxxxxxxxxxxxx
Description:	Hello, My IV (K1) case with below details was requested to be withdrawn and we got a reply that the case was in process to be sent back to NVC: USCIS Case number: xxxxxxxxxxxxxxxxxxxxxxx Mumbai Consulate Case Number: xxxxxxxxxxxxxxxxxxxxxx I still see the status on ceac website as ready updated on xxxxxxxxxxxxx which is after we recieved confirmation of withdrawl request. Can you please tell me whats going on ? Thanks! Sincerely, xxxxxxxxxxxxxxx
Origin:	Email
Case Reason:	Immigrant Visa Information
Public Response:	Please note that as stated before, U.S. Consulate Mumbai is in the processing returning the petition to NVC.

My question is simple:

- I only got correspondence saying our withdrawl letter has been recieved and case is being sent back to USCIS. They never said your case is now withdrawn. Was our k1 denied or withdrawn?

 

- Also, we got married before we were invited to the second interview as we didn't know we'd be called for another interview. But we never appeared for second k1 interview as we were already married. Hence, we didn't mislead the consulate,  right?

Thanks!
 

[darth vader 133]

anyone? please? 

[Lemonslice 5,323]

1. I am not sure it has any influence on your current application.

2. Last address you lived together is the most recent/current one - certainly add a page with all addresses where you live together, but the last one is the current one.  I am not sure I understand why you think that listing another address would look better - just be accurate and truthful.

3. If you can meet all together, that is nice; not all families meet.  Cohabitation and finances being comingled are stronger proof than meeting family. 

4. No DCF in Canada. 

 

 

Note: I see you are filing from Canada - please have a good read here: