K1 Visa denied at Islamabad Embassy

[mich923 23]

Hello everyone,

 

My fiance had his interview and his visa was denied at the embassy in Islamabad today. He said the consulate officer was very rude when asking questions. And at the end of the interview, the officer said he was lying because he had a previous petition with his ex, in which she withdrew the petition and my fiance divorced her. This happened 6 years ago. The officer returned all original documents and his passport at the interview. And said the case will be returned to the NVC.

 

Is there anything we can do before that happens? Or is the next step to just get married and file an I-130?

Edited December 4, 2018 by mich923

[JonSho 1]

I would pair your next move with a good lawyer though 

[Visitor User 253]

What questions were asked?

[Precisely 95]

K1s that are denied at the embassy stage are left to expire and cannot be appealed successfully. You should get married and file for IR1/CR1.

 

The fact that your fiance tried to petition through another American already will continue to work against them, so I suggest you provide a lot of evidence of a bona fide relationship and perhaps even hold off on applying for a maybe a year while you build a relationship and spend time together in person. That will give you the best odds.

Edited December 4, 2018 by Apelcina

[AdeelNaz 20]

1 hour ago, mich923 said:

Hello everyone,

 

My fiance had his interview and his visa was denied at the embassy in Islamabad today. He said the consulate officer was very rude when asking questions. And at the end of the interview, the officer said he was lying because he had a previous petition with his ex, in which she withdrew the petition and my fiance divorced her. This happened 6 years ago. The officer returned all original documents and his passport at the interview. And said the case will be returned to the NVC.

 

Is there anything we can do before that happens? Or is the next step to just get married and file an I-130?

I would suggest get married and apply for spouse visa because he already has a history of k-1 visa and for wavier it’s gonna take a lot of time

[Going through 5,671]

1 hour ago, mich923 said:

And at the end of the interview, the officer said he was lying because he had a previous petition with his ex, in which she withdrew the petition and my fiance divorced her.

Just to clarify----was the previous petition disclosed on the new K1 petition?  Was it disclosed at the interview if asked?

If not, material misrepresentation on the K1 can also rear its ugly head when applying for the CR-1 later on, something to keep in mind.

 

[mich923 23]

12 minutes ago, Going through said:

Just to clarify----was the previous petition disclosed on the new K1 petition?  Was it disclosed at the interview if asked?

If not, material misrepresentation on the K1 can also rear its ugly head when applying for the CR-1 later on, something to keep in mind.

 

Yes it was disclosed on the I-129f, and we provided a copy of the divorce certificate. That's what I'm not understanding. We were honest, but I also know Islamabad is a difficult embassy.

Edited December 4, 2018 by mich923

[Going through 5,671]

39 minutes ago, mich923 said:

Yes it was disclosed on the I-129f, and we provided a copy of the divorce certificate. That's what I'm not understanding. We were honest, but I also know Islamabad is a difficult embassy.

Weird.  What did the CO say he was "lying" about, then?  What sort of questions was he asked/how did he answer them?

[mich923 23]

1 hour ago, Going through said:

Weird.  What did the CO say he was "lying" about, then?  What sort of questions was he asked/how did he answer them?

I can post back later as my fiance is on his way back from the embassy.

[SusieQQQ 11,586]

It’s possible there are circumstances around the previous petition withdrawal coming into play, for example   If his ex-wife made accusations of a sham marriage when she did it?

[mich923 23]

3 minutes ago, SusieQQQ said:

It’s possible there are circumstances around the previous petition withdrawal coming into play, for example   If his ex-wife made accusations of a sham marriage when she did it?

She withdrew the petition in 2014

[NikLR 13,227]

~~moved to progress reports from process and procedures ~~

[Ben&Zian 4,398]

Definately will need more information about the interview, questions asked, and some other specifics to be able to give you any answers. But, as far as the I-129f petition goes, if the embassy denied to the K-1, flat out denied it, it's done. Petition will return to the US and left to expire at USCIS.

[Ahmed&Freda 628]

5 hours ago, mich923 said:

Hello everyone,

 

My fiance had his interview and his visa was denied at the embassy in Islamabad today. He said the consulate officer was very rude when asking questions. And at the end of the interview, the officer said he was lying because he had a previous petition with his ex, in which she withdrew the petition and my fiance divorced her. This happened 6 years ago. The officer returned all original documents and his passport at the interview. And said the case will be returned to the NVC.

 

Is there anything we can do before that happens? Or is the next step to just get married and file an I-130?

Make sure you get all the details from the interview from your husband.   You'll want to make sure before marrying and applying for a CR1 that you are able to overcome any issues the embassy may have.   Unfortunately with this embassy (and many member on here do not understand) they can return your petition just because they have suspicion.   They don't need proof or hard evidence to do so.   Every thing they questioned him on you'll need to be sure you have back up for it before trying again or else you could be in the same situation.   I've seen K-1 petitions returned twice and CR1 for the second time around put in long AP keep that in mind that just reapplying does't fix anything.   

 

Besides his previous marriage any other red flags?

 

[mich923 23]

2 minutes ago, Ahmed&Freda said:

Make sure you get all the details from the interview from your husband.   You'll want to make sure before marrying and applying for a CR1 that you are able to overcome any issues the embassy may have.   Unfortunately with this embassy (and many member on here do not understand) they can return your petition just because they have suspicion.   They don't need proof or hard evidence to do so.   Every thing they questioned him on you'll need to be sure you have back up for it before trying again or else you could be in the same situation.   I've seen K-1 petitions returned twice and CR1 for the second time around put in long AP keep that in mind that just reapplying does't fix anything.   

 

Besides his previous marriage any other red flags?

 

Not that I'm aware of. It was a straight forward divorce.