K1 Interview Denial

[RKRK 2]

1 hour ago, geowrian said:

Yes, one can ask for a review. In practice, it doesn't occur. Every refusal is reviewed by a supervisor already before being sent back to USCIS.

 

USCIS will not reaffirm an I-129F by policy. They stopped this years ago (due to the fraud marker noted in the OP's original post).

 

OP's case has been sent back to NVC , so even trying that hail-mary option isn't possible anymore.

 

Okay. Now prove she didn't marry anywhere else.

The issue is you (almost always) can't. As such, the only option is to marry and start the spousal visa process.

hmm...well that hits home. i certainly see the point from that perspective.

as to the p6c i mentioned, i worried about it after some folks on VJ mentioned Marc Ellis and then i read his articles and its..very enlightening to say the least. i wonder if it would be considered misrepresentation to unwittingly have a ceremony and then file for i129F thinking that marriages can only be done legally, and not socially. i mean hell, i gave the photos of our ceremony along with the other evidence thinking that that would only HELP us. to be clear, as far as i understand it, the ceremony was done in a hybrid fashion of buddhist and hindu styles, there was no official religious person to officiate, nor any temple or any court involved, nor papers signed,  just some friends and relatives. growing up in ny, im used to everything needing documentation and fees to make something legit. so it took me by surprise that a simple get together would be considered a marriage, even if it was done in mock setup.

 

im still concerned about any misrepresentation because it seems like others in my situation or similar situations have been worried about the same thing. i know that sounds dumb, but at this point, i dont know, what i dont know. the letter my fiance received (that is in my first post here) after the interview stated "review and possible revocation," and after reading the stuff Marc Ellis provided, it seems plausible at least that they could say that based on the CO saying we are married, while we adamantly think we are not.

so although im going to follow the basic plan missileman and a few others here have suggested, i now remain wary of the future, thats all. because as i stated before, if they send a NOIR for the K1, AFTER we are married, the only evidence we would be able to show is the document stating my fiance was single after the interview and for the entire duration of the k1 process up to that point, and if that doesnt satisfy the NOIR, then it would still be noted that there was misrepresentation. and then id have to file the i601? and then who knows what else? ive also read that there is some lifetime ban for people? i dont want to be part of that.

 

but anyway, i just want to start my life with my fiance. we are willing to wait however long it takes...but this time we want to be prepared.

Edited November 26, 2018 by RKRK

[Boiler 43,397]

Not sure anybody here can tell you what to do if something that does not happen, happens.

[Amit&Julie 180]

@RKRK question for you and others that might benefit from your experience in the future: in the pictures of you together, EXCLUDING the engagement ceremony/party, was it just the two of you? Did you two travel unchaperoned to any destinations, especially those that could be considered “romantic”? If you acted like you were married, that may have led the officer to believe that you were, in fact, married.

[RKRK 2]

55 minutes ago, Amit&Julie said:

@RKRK question for you and others that might benefit from your experience in the future: in the pictures of you together, EXCLUDING the engagement ceremony/party, was it just the two of you? Did you two travel unchaperoned to any destinations, especially those that could be considered “romantic”? If you acted like you were married, that may have led the officer to believe that you were, in fact, married.

i dont know if they could be considered romantic, we werent like kissing or anything but we did hang out in different places alone, sometimes holding hands, some pictures with family, some just the two of us. i figured being as old as we are (both 30-31), having a chaperone/lack of, wouldnt be an issue? it is 2018 after all

[RKRK 2]

just a random find on google:

 

https://www.marriagevisaattorney.com/call-it-an-engagement-ceremony/

 

this guy, who is apparently a lawyer, is of the opinion that as of Nov 2, 2018, you can do exactly what VJ members are advising against

 

😲😒

[TBoneTX 43,020]

Immigration lawyers have a vested interest in attracting people to their $ervice$.

RKRK, you fortunately have a path toward eventual issuance of a superior visa.

Figure out how to surmount the challenges and pursue the most risk-averse avenues possible from now on.

 

[Crazy Cat 39,190]

9 hours ago, RKRK said:

just a random find on google:

 

https://www.marriagevisaattorney.com/call-it-an-engagement-ceremony/

 

this guy, who is apparently a lawyer, is of the opinion that as of Nov 2, 2018, you can do exactly what VJ members are advising against

 

😲😒

Your case proves him to be wrong.....

[debbiedoo 2,339]

2 minutes ago, missileman said:

Your case proves him to be wrong.....

not to mention lawyers are only interested in your money and how much they can get from you....

[bad4tatt 168]

19 hours ago, debbiedoo said:

you can not appeal the denied k1.

 

 

 

"K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

If your K1 Fiance Visa was denied at the Consular level, you can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to you until the Embassy returns your case to USCIS for further processing.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file."

[debbiedoo 2,339]

Just now, bad4tatt said:

 

"K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

If your K1 Fiance Visa was denied at the Consular level, you can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to you until the Embassy returns your case to USCIS for further processing.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file."

 

again, this is not done in practice. 

[Boiler 43,397]

4 minutes ago, bad4tatt said:

 

"K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

If your K1 Fiance Visa was denied at the Consular level, you can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to you until the Embassy returns your case to USCIS for further processing.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file."

So you did not bother reading the thread.

[AKR 6]

17 hours ago, RKRK said:

according to the CEAC case status, it states "Returned To NVC" as of Nov 21, 2018.

Where do you see that status? My case is more or less the same where i was denied k1 visa for the same reason. But i wasnt given any refusal letter, neither by hand nor in my mailing address and its been 13 days since my interview was done. 

What should be my next course of action as i havnt got any form of formal refusal letter. If i apply for cr1, would it create an issue as if my K1 petition was already in process etc? While i was actually denied a visa by CO stating i should apply for a cr1 with true dates, because i am married .

[TM92 527]

42 minutes ago, bad4tatt said:

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time.

[AKR 6]

21 hours ago, missileman said:

If you cannot obtain a marriage certificate, then you have one option:  Officially marry, and start the spousal visa process.  

This is another case of a couple having an "unofficial" ceremony which has resulted in the appearance of marriage in the eyes of the Consulate Officer.  The K-1 is dead.

1. I would send a letter to USCIS to officially withdraw the K-1.

2.  Travel to her contry and OFFICIALLY marry and obtain legal documentation of the marriage.

3.  Start the spousal visa process.

There are no appeal options available in your case.  Good luck.

I was denied a k1 visa by co(verbally) and not issued any letter of refusal. Now when i check status ay ceac website to track my application, it is said my visa case is undergoing necessary administrative processing which could take several weeks. And if my visa was approved i would get it in 2 working days which is not the case. 

 

And i dont wish to wait any longer just to receive a formal refusal letter from uscis. What should be the right course of action here? 

 

Shall i withdraw my k1 application and apply for cr1(as in my case i was religiously married and also got it registered with local authorities). Or shall i wait for AP's outcome? 

I could also be charged for Misrep. In the result of AP as they view Nikah(religious marriage contract) as legal marriage. 

 

Your advice will be much appreciated. 

[Boiler 43,397]

Y

7 minutes ago, AKR said:

I was denied a k1 visa by co(verbally) and not issued any letter of refusal. Now when i check status ay ceac website to track my application, it is said my visa case is undergoing necessary administrative processing which could take several weeks. And if my visa was approved i would get it in 2 working days which is not the case. 

 

And i dont wish to wait any longer just to receive a formal refusal letter from uscis. What should be the right course of action here? 

 

Shall i withdraw my k1 application and apply for cr1(as in my case i was religiously married and also got it registered with local authorities). Or shall i wait for AP's outcome? 

I could also be charged for Misrep. In the result of AP as they view Nikah(religious marriage contract) as legal marriage. 

 

Your advice will be much appreciated. 

You need to be single to be eligible for a K1 so CR1 is your route.