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justinfelony

Administrative processing at the consular level

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Hello, my fiancée and I are applying for a K-1 visa. She had in initial interview in the US Embassy in Ciudad Juárez about 6 months ago. However, she was issued a request for evidence (administrative processing) form because she was missing proof of ongoing relationship and my completed I-134 or Affidavit of Support. Well, we recently submitted the initially requested documents within the one-year allotted timeframe but were subsequently issued another 221G form requesting entirely different information. This time, they're asking for both of our parents’ birth certificates and an interview with myself. I can do the interview, but I do not have access to my parents’ original birth certificates as they were born abroad in Mexico with poor record-keeping. They're both green card holders so all that information should have been verified already by USCIS.  If I'm unable to provide the original birth certificates would the case be denied? I'm not sure how they're relevant as they're not sponsoring my fiancée, and I would hope that I would be considered independent from them. Do you know if there is a suitable substitute for the required original birth certificates?  Also, why are they demanding all these requirements if they hadn't done so initially? I have attempted to contact them directly, but they provide highly ambiguous information that's very unhelpful that does not answer my questions. I would appreciate some input thanks.

Edited by justinfelony

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On 1/24/2019 at 8:56 PM, justinfelony said:

Hello, my fiancée and I are applying for a K-1 visa. She had in initial interview in the US Embassy in Ciudad Juárez about 6 months ago. However, she was issued a request for evidence (administrative processing) form because she was missing proof of ongoing relationship and my completed I-134 or Affidavit of Support. Well, we recently submitted the initially requested documents within the one-year allotted timeframe but were subsequently issued another 221G form requesting entirely different information. This time, they're asking for both of our parents’ birth certificates and an interview with myself. I can do the interview, but I do not have access to my parents’ original birth certificates as they were born abroad in Mexico with poor record-keeping. They're both green card holders so all that information should have been verified already by USCIS.  If I'm unable to provide the original birth certificates would the case be denied? I'm not sure how they're relevant as they're not sponsoring my fiancée, and I would hope that I would be considered independent from them. Do you know if there is a suitable substitute for the required original birth certificates?  Also, why are they demanding all these requirements if they hadn't done so initially? I have attempted to contact them directly, but they provide highly ambiguous information that's very unhelpful that does not answer my questions. I would appreciate some input thanks.

I WOULD SUGGEST YOU TO GET MARRIED AND APPLY FOR SPOUSE VISA.. YOU HAVE ALREADY WASTED MORE THAN A YEAR AND YOU ARE STILL NOT GURANTEED FOR K1

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Thank you both for your input. Yes, we’re related, we’re 2nd cousins. At the petitionary stage, immigration was under the impression that we were 1st cousins because they thought our mothers were sisters whereas they are 1st cousins. We were issued an RFE. To disprove this notion, we submitted copies of both of our mothers’ birth certificates and a notarized affidavit stating that we weren't 1st cousins but only 2nd cousins. Having been satisfied with the evidence submitted, immigration approved the petition and sent it to the consulate for further processing.  Apparently, this issue reemerged since my fiancée at the consular interview was asked if we were 1st cousins and she clarified that evidence had already been submitted to disprove that misconception. We were issued a blue letter to provide the I 134 and to submit proof of ongoing relationship. I complied with the request but was subsequently issued another RFE requesting myself the petitioner to be interviewed and to submit both of our parents’ original birth certificates. If we are legally able to be married in united states, why are there so many hassles? This is becoming an extreme hassle since I had to turn down a good job because of the need to travel abroad again. I’m not sure if we must do DNA testing or whatever but I know for a fact that it’s legally permissible for 2nd cousins to be married in all states. I would appreciate further input, thanks.

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Among other possible reasons is the potential of marriage fraud -- that you are helping out your family by marrying your cousin only so she can immigrate to the US, after which you get divorced.  Not saying this is true for your case -- just something they need to look at.  First step is verifying the information about the family relationship.

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6 hours ago, jan22 said:

Among other possible reasons is the potential of marriage fraud -- that you are helping out your family by marrying your cousin only so she can immigrate to the US, after which you get divorced.  Not saying this is true for your case -- just something they need to look at.  First step is verifying the information about the family relationship.

Exactly this.

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