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Imej

K1 was refused

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My fiance had an interview today and they refused to give her the K1 Visa. The counselor mention that he thinks she is applying for immigration only. And that she is 40 years old and getting married now?.

They told her that the case will be sent back to NVC, and that I (the petitioner) should contact them for further inquiries.

 

What is going on here? Can anyone shed a light on this matter of please?

(Islamabad,pk)

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1 minute ago, Imej said:

Thanks for quick response missileman, we have been in relationship for little over a year, And I have traveled to meet with her also last year.

I think you will need much, much more time together to succeed.  I also think  obtaining a CR-1 spousal visa is your best option short of your re-locating to Pakistan.....just my opinion......good luck in your journey.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Some consulates are more difficult and in this case it appears that the evidence you and your fiancé provided did not convince the CO that the relationship was real.  Are there other red flags such as age or religious differences?  Was there only a single meeting and the engagement soon followed?  As @missileman said you have a few options that are both time consuming and expensive.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Just now, Imej said:

Thanks again missileman, I can't relocate anywhere. And 1 year of relationship is not enough? When should I marry her? When I start carrying my oxygen tank?

I understand your frustration.  Immigration is not easy, especially, in some consulates.  You could marry in Pakistan , make several visits to see her while gathering quality evidence of your marriage, then apply for CR-1.  


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Thanks Bill & Katya, we have good history for relationship. It was crazy day at consulate. They refused another lady's also while her US fiance was physically present at the embassy. In her case they said her engagement pics looks like marriage has been done...

These is something else going on here... 

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3 minutes ago, missileman said:

I understand your frustration.  Immigration is not easy, especially, in some consulates.  You could marry in Pakistan , make several visits to see her while gathering quality evidence of your marriage, then apply for CR-1.  

Well, I do not call that a living. 

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8 minutes ago, NuestraUnion said:

Hi @Imej,

 

Unfortunately, this is the sacrifice we make when we are in relationships that require immigration. It doesn't sound ideal but long separation periods and lengthy waits is par for the course when dealing with immigration. Almost everyone on this site has a story to tell about not being together with their loved ones, including minor children, for what seems like forever.

 

We can relate to your frustration because we have been there. Many can't afford to take multiple trips to another country. However, we are still here and have overcame the perils of immigration. It was 2 years before my now wife came to the US and we even had a brief breakup during the immigration process. But she is now here and early next year she will be applying for her citizenship. Yes, it may not seem like living to you but you make the sacrifice to endure the relationship.

 

There are many members of VJ who have had K1 denials and were in the same situation as you. You can do a search to reach out to them in an effort to help comfort you and give personal advice on how they moved forward. But everything @missileman mentioned earlier seems to be the best options for you from what we have seen for past cases similar to yours. You can overcome this.

 

Best of luck to you.

Thank you for your supporting words.

So does it seems like that I should go and get married with her and then come back to US and live for a year by myself and then apply for her immigration as a CR1?

And does the marriage has to happen in our country? Can I marry in another country? Like middle East?

Edited by Imej

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Another question just popped up. If the CO not convinced about our relationship, how the heck USCIS approve my petition in the first place? I have known her less  time when I applied!!

Easy money?

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1 minute ago, Imej said:

Thank you for your supporting words.

So does it seems like that I should go and get married with her and then come back to you as and live for a year by myself and then apply for her immigration as a CR1?

And does the marriage has to happen in our country? Can I marry in another country? Like middle East?

You can marry anywhere you are able to. If you two are capable of marrying in another country, then that is perfectly acceptable. It is only advised to research the local marriage laws in the country you choose. Some places take longer than others for the process of marriage.

 

Your main goal is to build further sufficient evidence that your relationship is genuine. It seems the denial was based on the CO not believing your relationship was legit and the only reason she is marrying you is so she can get immigration benefits. Is it possible for you to visit her more, gather further evidence of your relationship, reapply for a K1 visa, and get approval...yes. But because of the previous denial, you are already at a disadvantage and the next CO will likely look at her previous case. Therefore, reapplying for a K1 is a bigger risk than to visit more, spend more time together, and get married.

 

Whichever route you take you and her will be separated for a while. The K1 process is taking close to a year to complete and with a previous denial, it is a huge risk to take because it can be denied again. With a spousal visa, you can at least appeal the decision. 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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11 minutes ago, Imej said:

Thank you for your supporting words.

So does it seems like that I should go and get married with her and then come back to US and live for a year by myself and then apply for her immigration as a CR1?

And does the marriage has to happen in our country? Can I marry in another country? Like middle East?

You can marry in any country.  Additionally, you do not have to wait a year before applying for a spousal visa (CR1/IR1).  However, many folks that have gone through a difficult consulate have better luck with multiple visits etc., so while the CR1 is being processed, it is always a good idea to visit as much as possible.  Many members from MENA countries have shared stories of their journey.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 minute ago, Bill & Katya said:

You can marry in any country.  Additionally, you do not have to wait a year before applying for a spousal visa (CR1/IR1).  However, many folks that have gone through a difficult consulate have better luck with multiple visits etc., so while the CR1 is being processed, it is always a good idea to visit as much as possible.  Many members from MENA countries have shared stories of their journey.

 

Good Luck!

Thanks Bill, is Pakistan from MENA countries now?

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