Unstated Consular Requirements for Fiance Visa

[TNJ17 1,329]

There is absolutely nothing a lawyer can do for you now. It’s gonna be a total waste of money. But sure why listen to advice from a bunch of strangers on the internet? Except you came here for exactly that. Sorry to break it to you but your K1 is dead. A lawyer will only charge you to tell you exactly that. Once a K1 is denied there is no appeal. It will be sent back to USCIS to sit on a shelf until it expires. You’re looking at several months to maybe a year. You’re much better off calling USCIS and withdrawing your K1 and getting married and filing for CR1. However, whatever happened at that interview that got her a denial is going to need to be overcome in order for you to have a successful CR1. You don’t need to tell us what happened but I don’t think you’re telling us the whole story. Or your fiancée isn’t telling you the whole story about her interview. Who cares. It doesn’t matter, however in order for you to succeed at your new visa you must fix what they didn’t like. If that was they didn’t believe you are a bonafide couple, then prove them wrong. Pen on paper. That’s what they need. 

[debbiedoo 2,339]

OP - even if you marry her, unless you overcome the fraud issue, it will be denied again. 

 

I think there is more to this than we know or even that OP knows. Who pays travel expenses is not a question at all on the petition or in supporting documents. Something was said somewhere. either when your fiancee handed the paperwork over, or in your package. 

 

you also failed to answer the questions I had asked - ie the exact relationship between you, her and this third party, how long youve known her, and how many times youve met, and the type of relationship evidence provided.

 

Were you there for the hearing (if not WHY NOT)? if there was a hearing, there has to be a written judgment of some kind that would give more info. See my first sentence.

[Erol G 2]

Upon request from participants i was able to put up a timeline from USCIS website , NVC, and US embassy in Manila:

 

08/29/2018

US fiancée hires attorney in Manila, Philippines to submit form G-28 Attorney representation to withdraw the application. No further activity, case in administrative processing.

06/18/2018

Alien fiancée is requested to return to the US Embassy in Manila in respect to a fraud investigation. She is interrogated about matters related to financing of the initial visit for the relationship and her personal source of income. Case remains in administrative processing ever since this period.

05/25/2018

Additional evidence in the form of a photo album and emails of the relationship are submitted, case has been in administrative processing since

03/28/2018

Interview is scheduled for alien fiancée in Manila, Philippines, additional evidence is requested

01/22/2018

Administrative Processing at US Embassy in Manila, Philippines

01/26/2018

NVC received I-129F, Petition for Alien Fiance(e), forwarding to US Embasy in Manila, Philippines

12/06/2017

On December 6, 2017, we approved your Form I-129F, Petition for Alien Fiance(e)

11/29/2017

We received your response to our Request for Evidence for your Form I-129F, Petition for Fiance(E). Our California Service Center office is working on your case again.

11/16/2017

We mailed a request for initial evidence for your Form I-129F, Petition for Fiance(E)

06/13/2017

We updated your date of birth for your Form I-129F, Petition for Fiance(E).

05/17/2017

We received your Form I-129F, Petition for Fiance(E)

[Lemonslice 4,567]

3 hours ago, Erol G said:

Upon request from participants i was able to put up a timeline from USCIS website , NVC, and US embassy in Manila:

 

08/29/2018

US fiancée hires attorney in Manila, Philippines to submit form G-28 Attorney representation to withdraw the application. No further activity, case in administrative processing.

06/18/2018

Alien fiancée is requested to return to the US Embassy in Manila in respect to a fraud investigation. She is interrogated about matters related to financing of the initial visit for the relationship and her personal source of income. Case remains in administrative processing ever since this period.

05/25/2018

Additional evidence in the form of a photo album and emails of the relationship are submitted, case has been in administrative processing since

03/28/2018

Interview is scheduled for alien fiancée in Manila, Philippines, additional evidence is requested

01/22/2018

Administrative Processing at US Embassy in Manila, Philippines

01/26/2018

NVC received I-129F, Petition for Alien Fiance(e), forwarding to US Embasy in Manila, Philippines

12/06/2017

On December 6, 2017, we approved your Form I-129F, Petition for Alien Fiance(e)

11/29/2017

We received your response to our Request for Evidence for your Form I-129F, Petition for Fiance(E). Our California Service Center office is working on your case again.

11/16/2017

We mailed a request for initial evidence for your Form I-129F, Petition for Fiance(E)

06/13/2017

We updated your date of birth for your Form I-129F, Petition for Fiance(E).

05/17/2017

We received your Form I-129F, Petition for Fiance(E)

So, no final decision from the embassy, the investigation is going on?  

 

Again, it seems that they think her family paid you to be her American spouse.

[Erol G 2]

1 hour ago, Lemonslice said:

So, no final decision from the embassy, the investigation is going on?  

 

Again, it seems that they think her family paid you to be her American spouse.

I can only say that that is bullshit that the relationship is somehow a sham for me to get money. We should also get an opportunity to prove that factually and materially, as opposed to being unjustly penalized and our visa privileges being detained or suspended. Right, there is no outcome yet. Case is administrative processing. I hired an attorney to withdraw the application, so that I can apply for a different visa ASAP. 

[geowrian 22,336]

Please, please don't take this wrong way. I am being sincere here...

 

The interview is the opportunity to show that the relationship is real and not fraudulent. It sounds like she actually had 2 interviews...1 with the PI pre-interview worker, and another one later, plus the opportunity to provide documents between interviews. I don't know the details of what exactly was provided nor why they believe the relationship is a sham, but the opportunity to show otherwise was in those 3 circumstances (plus if you frontloaded anything with the I-129F).

 

Since there is no final decision, I personally would wait to hear back if they decide to send the I-129F back to USCIS. If so, then the I-129F will be left to expire, so then it's time to refile IMO.

Just filing for a new visa doesn't resolve the reason the first one was denied.

 

Best of luck moving forward.

Edited September 11, 2018 by geowrian

[Erol G 2]

On 9/10/2018 at 10:08 AM, Erol G said:

Upon request from participants i was able to put up a timeline from USCIS website , NVC, and US embassy in Manila:

 

08/29/2018

US fiancée hires attorney in Manila, Philippines to submit form G-28 Attorney representation to withdraw the application. No further activity, case in administrative processing.

06/18/2018

Alien fiancée is requested to return to the US Embassy in Manila in respect to a fraud investigation. She is interrogated about matters related to financing of the initial visit for the relationship and her personal source of income. Case remains in administrative processing ever since this period.

05/25/2018

Additional evidence in the form of a photo album and emails of the relationship are submitted, case has been in administrative processing since

03/28/2018

Interview is scheduled for alien fiancée in Manila, Philippines, additional evidence is requested

01/22/2018

Administrative Processing at US Embassy in Manila, Philippines

01/26/2018

NVC received I-129F, Petition for Alien Fiance(e), forwarding to US Embasy in Manila, Philippines

12/06/2017

On December 6, 2017, we approved your Form I-129F, Petition for Alien Fiance(e)

11/29/2017

We received your response to our Request for Evidence for your Form I-129F, Petition for Fiance(E). Our California Service Center office is working on your case again.

11/16/2017

We mailed a request for initial evidence for your Form I-129F, Petition for Fiance(E)

06/13/2017

We updated your date of birth for your Form I-129F, Petition for Fiance(E).

05/17/2017

We received your Form I-129F, Petition for Fiance(E)

 

[Ontarkie 13,920]

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