K1 & K2 visa

[AngDon19 0]

Thanks Georgia. Am waiting for the attorney to get back to me.

 

I called the NVC they have still not received the package and they say that it will be sent back to the USCIS and i need to follow up with them

to know the status in some days.

 

Do you think i can contact the USCIS?

[Georgia16 2,858]

3 minutes ago, AngDon19 said:

Thanks Georgia. Am waiting for the attorney to get back to me.

 

I called the NVC they have still not received the package and they say that it will be sent back to the USCIS and i need to follow up with them

to know the status in some days.

 

Do you think i can contact the USCIS?

They won't know anything about it since they have not received it yet as it has just been sent back.

[nastra30 1,984]

1 hour ago, AngDon19 said:

We have submittedt them all  proof of all documents. I just believe they do not like Indians and i happened to be the victim.

You lost me with 'they don't like Indians' bit. Trust me, there are many countries that get denied way more than Indians. You'll be surprised to know there are actually a lot of Indians and people of Indian origins in the US. If the US didn't like Indians, then there won't be that many Indians in the States. 

I understand, the process sucks but it's what it is. You should start explaining the IR1 route. Many have been denied K-1 and have successfully subsequently obtained CR1. Patience and time should be your friends for at least 12+ months. Good luck.

[AngDon19 0]

Thanks. Will see what next to be done.

[Greenbaum 12,258]

1 hour ago, ujones said:

@AngDon19, I am still early in the process & haven’t had my interview yet. So I don’t really know how the denial process work either. But I’m sure we have a lot of knowledgeable people here including @Greenbaum who will be able to help you find an answer. 

@geowrian has given the BEST answer. I can't add anything that would be different from his/her response to you.

[geowrian 22,335]

2 hours ago, AngDon19 said:

Does this mean NVC sends it over to USCIS or it goes directly to the USCIS from the Mumbai consulate?

It will pass through NVC but is being sent back to USCIS. NVC is just the facility to coordinate between USCIS and DOS.

 

2 hours ago, AngDon19 said:

When they receive it will they let us know the denial? How long do you think it will be before we hear from the?

They will receive it, let it expire, then send you a notice that the petition is expired. They will not review it (they stopped this years ago for the I-129F) and therefore will have no additional information to provide about why it was refused.

It's a bit complicated why they do this, but the long and short of it is to avoid a misrepresentation-based permanent bar. They let it expire and permit you to just reapply or marry & file for a spousal visa (highly preferred over trying fro another K-1).

 

As for how long, it's usually a month or 2 for USCIS to get it once the embassy actually sends it back (not just when they say they will do so).

Then it will sit at USCIS until the approval expires. The approval is initially valid for 4 months and renewed/extended in intervals of 4 months.

 

2 hours ago, AngDon19 said:

if we get an email then can we apply again?

You can technically reapply for a K-1 right now (with a formal withdrawal letter for the previous I-129F). Or you can wait for the existing I-129F to expire first.

But it is highly suggested to marry and just file an I-130 for a spouse. You can do this anytime - no need to wait for the petition to be returned and expire.

[Ontarkie 13,916]

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[carmel34 3,531]

OP, from reading this thread it sounds like your attorney may not have front-loaded enough information to convince the IO that the relationship was bona fide.  That or the engagement ring photos looked too much like a wedding ceremony.  Whatever happened, it is done now and it's time to move on.  Whether you try for a K-1 again or get married and try for a CR-1 (highly recommended), DON'T hire an attorney this time, do it all yourself, and front-load the petition by including lots of evidence of time spent together.  And do a lot more reading about the process here on VJ, and study similar cases to yours to find out what worked for others.  Good luck!

[ujones 148]

19 minutes ago, carmel34 said:

OP, from reading this thread it sounds like your attorney may not have front-loaded enough information to convince the IO that the relationship was bona fide.  That or the engagement ring photos looked too much like a wedding ceremony.  Whatever happened, it is done now and it's time to move on.  Whether you try for a K-1 again or get married and try for a CR-1 (highly recommended), DON'T hire an attorney this time, do it all yourself, and front-load the petition by including lots of evidence of time spent together.  And do a lot more reading about the process here on VJ, and study similar cases to yours to find out what worked for others.  Good luck!

@carmel34, perfect advice. Learning the process is very crucial as we cannot trust a third person take as much interest in our life as we do ourselves. I regret not getting on to VJ prior to submitting my I 129 as even though I think I did a great job front loading my petition I also made a small mistake by mentioning abt  engagement & including  a ring receipt. So now for my upcoming interview I hve to prove that it was a simple engagement with no guest. But if I was in this forum before had known it that I should not say anything I would not hve done it. Hopefully everything will go smooth for our interview but knowledge is power 

[WeGuyGal 1,052]

18 hours ago, AngDon19 said:

We have submittedt them all  proof of all documents. I just believe they do not like Indians and i happened to be the victim.

Please don't use that kind of terminology again! 

 

It seems to be a common tendency for denied Indians to accuse a CO of being unfair/rude/doesn't like Indians, etc. I've seen that on several desi(India)-centric forums. Fact is, if you have all your ducks in a row, K1s and CR1s are approved without issues. There are numerous posts of Indian nationals being approved. You are not a victim! 

 

Suggest that you guys get married, and file for the CR1. 

 

And get rid of the lawyer.  CR1/2 can be done on your own!

[Just Paul 4,591]

You can file a Freedom of Information Act inquiry or ask via a congressional office.   But the reality of it is once it has been sent back to the NVC it will never go back to the embassy.  This is a major difference to the spousal visa which can be appealed. 

 

You can file another K1 but do yourself a favor and get married.   It is cheaper, and you will end up with a green card before getting the K1 and adjusting.   Plus if it is rejected at the embassy you can actually appeal.

[AngDon19 0]

Thanks to the both of you. Will this not deny me again since i was denied the first time?

[AngDon19 0]

10 hours ago, carmel34 said:

OP, from reading this thread it sounds like your attorney may not have front-loaded enough information to convince the IO that the relationship was bona fide.  That or the engagement ring photos looked too much like a wedding ceremony.  Whatever happened, it is done now and it's time to move on.  Whether you try for a K-1 again or get married and try for a CR-1 (highly recommended), DON'T hire an attorney this time, do it all yourself, and front-load the petition by including lots of evidence of time spent together.  And do a lot more reading about the process here on VJ, and study similar cases to yours to find out what worked for others.  Good luck!

Thanks Carmel. Will look into this but my fear is what after we get married they deny us since the first time we got denied. Also can we start the process soon as we get married?

[SalishSea 16,771]

13 minutes ago, AngDon19 said:

Thanks Carmel. Will look into this but my fear is what after we get married they deny us since the first time we got denied. Also can we start the process soon as we get married?

You can start the process as soon as you have a legal marriage certificate.  Different jurisdictions take different lengths of time to issue the document, but most couples should be able to get it within six weeks of marriage.

 

And since you already know that it will take upwards of one year, you can prepare for the interview by spending as much time together as possible and commingling households (as much as you can from afar).  There are many, many posts and guides on this site about doing just that.

 

Best of luck!

[carmel34 3,531]

2 hours ago, AngDon19 said:

Thanks Carmel. Will look into this but my fear is what after we get married they deny us since the first time we got denied. Also can we start the process soon as we get married?

I understand your fear of possibly getting denied after marriage and filing the CR-1, I live with that fear every day, as the outcome of any visa application, even for a spouse, is never guaranteed.  So you have to weigh the risks, the options, do lots of research, and if you love each other enough, you will eventually be together somehow, somewhere.  It may take a long time, but it will happen if you are determined and very patient.  Read all the advice here on Visa Journey.  Study the CR-1 guide and follow it exactly.  Spend time together and save the documents to prove all of your visits.  Co-mingle finances as much as you can based on many previous threads and suggestions on the subject.  You also need to think about a plan B in case there is an eventual denial, just to set your mind at ease.  Chances for approval are much better for a CR-1 than a K-1 because it shows more commitment, to be married already, but it also requires more evidence to prove a bona fide marriage.  And if it is eventually denied, you can appeal the decision or go to your plan B.  Are you willing to move to India to be with your spouse if the US visa is denied?  Live together in another country outside the US and try again in a year or two?  This process is long, complicated, frustrating, and uncertain, but if you really, truly love each other and want to spend the rest of your lives with each other, you will find a way.  Good luck!