Embassy is stalling our case

[Veture 19]

Hello,

 

We filed a petition for K-1 Visa on August 2017 and we got our NOA2 on February 2018. In 45 days we were able to get our interview at the Embassy. Somehow, officer requested more information (we believe absent of photos caused problem). Following days we shared 90 photos that we sent to each other during our relationship. After few weeks, we finally get an e-mail stating that officer decided to sent our case back to USCIS for "possible revocation". We asked many times for official reasoning behind their decision but they did not provide and kept telling us to contact USCIS when our case is returned to them. My fiancé visited me in August 2018 we had amazing vacation. We sent the Embassy photos of us together at vacation, and asked that can we come in for interview but they said officer made their decision our case is going to sent back. To this date still our case is "Under Review" at Embassy website.

 

It has been over 5 months since our interview date, still our case is at the Embassy sitting on a desk. When we pointed this out recent weeks, they told us, our case will be returned when administrative process is completed and that we may resubmit our petition since it has already been expired. USCIS and Department of State telling us, until they receive our case back it will not start to expire.

 

How come a petition can expire without even being processed. I might be wrong but I do not think we will be able to file new petition without withdrawing current one.

 

We feel like Embassy is not being fair with us. Is there anything we can do in this situation? Can we report this to somewhere like Department of State?

 

Thank you for your time and help.

[debbiedoo 2,339]

once they deny it, which is what it sounds like has happened, you have no recourse.

 

is Turkey on the banned list? I'm not sure. If so, there's your problem.

 

Did you meet and have proof of that before you filed (within 2 years of filing). the only trip you mention is 6 months AFTER you filed. If you did meet, what kind of evidence did you submit with the petition?

[Paul & Mallory 1,398]

What the previous poster said - you mentioned thinking the initial issue was lack of evidence, such as photos, and then you provided photos from a trip you guys took together after filing. That evidence is fine, but what they are looking for is evidence supporting your time together in person PRIOR to filing (you had to have met at least once within the 2 years prior to filing).

[Veture 19]

Just now, debbiedoo said:

once they deny it, which is what it sounds like has happened, you have no recourse.

 

is Turkey on the banned list? I'm not sure. If so, there's your problem.

 

Did you meet and have proof of that before you filed (within 2 years of filing). the only trip you mention is 6 months AFTER you filed. If you did meet, what kind of evidence did you submit with the petition?

Me and my fiancé met on December 2016 when I was in the USA. However, we had only 2 photos together and lighting was not that good. We did not care and never thought we would need it. We both are not big on photos. 8 Months later we filed the petition on August 2017. We did not get any RFE. We submit lot of text messages and the two photos. I don't think Turkey is on banned list.

[Veture 19]

1 minute ago, Paul & Mallory said:

What the previous poster said - you mentioned thinking the initial issue was lack of evidence, such as photos, and then you provided photos from a trip you guys took together after filing. That evidence is fine, but what they are looking for is evidence supporting your time together in person PRIOR to filing (you had to have met at least once within the 2 years prior to filing).

Like I said, we did spent time together when I was in the USA and we had photos which was enough for the requirement for USCIS. If it was not, we would be approved without RFE.

[Paul & Mallory 1,398]

Unless I am misunderstanding - you've applied for the K1, that application was approved, and the wall you guys have hit came at the Embassy stage. Correct?

 

If so - USCIS and the Embassy are two separate entities. USCIS approved your ability to apply for the K1 Visa - the Embassy determines whether or not you GET the visa. So you can get through the USCIS stage without a RFE, but receive one at the Embassy stage. The Embassy may want more evidence of your time spent together BEFORE filing (so before August 2017). I know you said you guys only had a couple photos and chat logs/etc. Do you have other proof of visits? Boarding passes for airline tickets, etc.? That stuff works too, sometimes without photos together.

[JFH 12,190]

9 minutes ago, Veture said:

Me and my fiancé met on December 2016 when I was in the USA. However, we had only 2 photos together and lighting was not that good. We did not care and never thought we would need it. We both are not big on photos. 8 Months later we filed the petition on August 2017. We did not get any RFE. We submit lot of text messages and the two photos. I don't think Turkey is on banned list.

Only two photos? That’s not good. I understand that you didn’t think about immigration requirements at that stage, who does? But this was the first time you had met the person you felt so strongly about that one of you travelled thousands of miles at great expense to see and you have 2 poor quality photos. There’s no excuse for poor quality photos nowadays. You can just keep taking pics until they look good. And wouldn’t you want more photos? Even just for yourself? Didn’t you want to show your friends and family back home how happy you are together and what a success the visit was? Whenever I visited my husband we took various photos of us together. I kept them on my desk, on my refrigerator, on my phone, in my wallet, everywhere, for the tine we were apart and to keep me going through the separation. I’m not big on photos but I needed to “see” my husband all the time to give me a reason to smile each day. He did the same. 

 

Not surprised it was denied. Two photos. In the era of smartphones that just doesn’t seem possible or believable. 

[Veture 19]

Just now, Paul & Mallory said:

Unless I am misunderstanding - you've applied for the K1, that application was approved, and the wall you guys have hit came at the Embassy stage. Correct?

 

If so - USCIS and the Embassy are two separate entities. USCIS approved your ability to apply for the K1 Visa - the Embassy determines whether or not you GET the visa. So you can get through the USCIS stage without a RFE, but receive one at the Embassy stage. The Embassy may want more evidence of your time spent together BEFORE filing (so before August 2017). I know you said you guys only had a couple photos and chat logs/etc. Do you have other proof of visits? Boarding passes for airline tickets, etc.? That stuff works too, sometimes without photos together.

You are right. Unfortunately, we kept being patient and postponed our visits. My fiancé was working full time during the year and I did not visit her because we wanted to save money to first months when I go. So, no we did not visit each other until after the interview. But, we provided daily messages, photos shared even a video made for a birthday. Still was not enough I guess. 

 

Issue we are having is, we are not getting official reason behind their decision. We thought once they return our case back, we deal with USCIS and provide them whatever they need. But this never happened. So, our file is just sitting there. They made their decision and were not able send our case back in 5 months. 

[Veture 19]

2 minutes ago, JFH said:

Only two photos? That’s not good. I understand that you didn’t think about immigration requirements at that stage, who does? But this was the first time you had met the person you felt so strongly about that one of you travelled thousands of miles at great expense to see and you have 2 poor quality photos. There’s no excuse for poor quality photos nowadays. You can just keep taking pics until they look good. And wouldn’t you want more photos? Even just for yourself? Didn’t you want to show your friends and family back home how happy you are together and what a success the visit was? Whenever I visited my husband we took various photos of us together. I kept them on my desk, on my refrigerator, on my phone, in my wallet, everywhere, for the tine we were apart and to keep me going through the separation. I’m not big on photos but I needed to “see” my husband all the time to give me a reason to smile each day. He did the same. 

 

Not surprised it was denied. Two photos. In the era of smartphones that just doesn’t seem possible or believable. 

I get your point. We met when I was there, my trip was just a vacation. Like you said at the time we were together we did not think about photos, it was new and never thought of it. When long distance relationship started we shared a lot of photos with each other and we did FaceTime every 2-3 days. I guess those kept us going.

[Jeanne Adil 1,651]

there were only 11  K1 visas approved in August 2018 

 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/AUGUST 2018 - NIV Issuances by Post and Visa Class.pdf

 

it is another country on the high fraud list

 

http://mypathtocitizenship.com/which-countries-are-on-the-uscis-high-fraud-list/

 

your petition now will be sent back to the US and allowed to expire / you can not appeal this decision

your only recourse is to return to Turkey and marry and file a CR1

many of us have had this happen and we know the hearbreak

be sure the new photos include Turkish family expecially the mother as you need to show proof the family approves

take note that a religious or big age difference will be under strict questions at next interview

good luck to u

Edited September 26, 2018 by adil-rafa

[Veture 19]

6 minutes ago, adil-rafa said:

there were only 11  K1 visas approved in August 2018 

 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/AUGUST 2018 - NIV Issuances by Post and Visa Class.pdf

 

it is another country on the high fraud list

 

http://mypathtocitizenship.com/which-countries-are-on-the-uscis-high-fraud-list/

 

your petition now will be sent back to the US and allowed to expire / you can not appeal this decision

your only recourse is to return to Turkey and marry and file a CR1

many of us have had this happen and we know the hearbreak

be sure the new photos include Turkish family expecially the mother as you need to show proof the family approves

take note that a religious or big age difference will be under strict questions at next interview

good luck to u

Since I still have valid B1-B2 visa, My fiancé, is working full time. I was thinking to visit her for a month starting at Christmas. So, before I return, we can marry and then file CR-1?

[Jeanne Adil 1,651]

3 minutes ago, Veture said:

Since I still have valid B1-B2 visa, My fiancé, is working full time. I was thinking to visit her for a month starting at Christmas. So, before I return, we can marry and then file CR-1?

you have B1-B2 visa for US?

if so,  that is reason for the K1 denial

[Veture 19]

Just now, adil-rafa said:

you have B1-B2 visa for US?

if so,  that is reason for the K1 denial

Can you elaborate please?

[debbiedoo 2,339]

31 minutes ago, JFH said:

Only two photos? That’s not good. I understand that you didn’t think about immigration requirements at that stage, who does? But this was the first time you had met the person you felt so strongly about that one of you travelled thousands of miles at great expense to see and you have 2 poor quality photos. There’s no excuse for poor quality photos nowadays. You can just keep taking pics until they look good. And wouldn’t you want more photos? Even just for yourself? Didn’t you want to show your friends and family back home how happy you are together and what a success the visit was? Whenever I visited my husband we took various photos of us together. I kept them on my desk, on my refrigerator, on my phone, in my wallet, everywhere, for the tine we were apart and to keep me going through the separation. I’m not big on photos but I needed to “see” my husband all the time to give me a reason to smile each day. He did the same. 

 

Not surprised it was denied. Two photos. In the era of smartphones that just doesn’t seem possible or believable. 

my fiance HATES photos. He also knows its a necessary evil and we have many many many. I've been taking them since our very first meeting.

 

bless his heart, we always will have many many photos. cause i love them LOL

 

 

anyways, if Turkey is on the banned list, as one poster said, even getting married will not  change anything.

[Greenbaum 12,259]

11 minutes ago, adil-rafa said:

you have B1-B2 visa for US?

if so,  that is reason for the K1 denial

Not necessarily, the op can have a B-1 and then apply for a K-1. Each visa application or status stands on it own merits. To get a B-1 the deciding factor is can you show that you will return. For the K-1 it's do they have a strong relationship. Prove either one of those and you "eligible" for that visa classification notwithstanding approval. That's it. Simple.