K1 visa denied

[Jen Canterbury 2]

My fiancé had his interview today and was denied, this is a very sad day for us, co gave him a letter stating 221g, can someone tell me what is the next step. We can’t stop crying 😢 we don’t have money for a lawyer, I’m planning on just going there and get married.

[Ben&Zian 4,397]

2 minutes ago, Jen Canterbury said:

My fiancé had his interview today and was denied, this is a very sad day for us, co gave him a letter stating 221g, can someone tell me what is the next step. We can’t stop crying 😢 we don’t have money for a lawyer, I’m planning on just going there and get married.

 

What country is the beneficiary from?

 

Was it actually denied, or does the 221G form request more documentation? If so was a reason given?

What was said in the interview?

 

Many more details needed. A lawyer can't help so wouldn't bother with that.

Edited March 6, 2019 by Ben&Zian

[Ate 180]

What did the CO ask for in the 221g letter?  If you can, please post the actual letter here, with your personal information redacted.

 

Also, please update the visa type on your profile so people don't get confused when trying to give you advice.  And add to your profile the country that your fiance interviewed at.

 

[Jen Canterbury 2]

Tbilisi Georgia, No reason was given, he said she made reference to our age I’m 51 and he is 35 and also started that he is close to my kids age which shouldn’t have anything to do with our relationship 

[Ben&Zian 4,397]

1 minute ago, Jen Canterbury said:

Tbilisi Georgia, No reason was given, he said she made reference to our age I’m 51 and he is 35 and also started that he is close to my kids age which shouldn’t have anything to do with our relationship 

 

That probably is main reason. Large age gaps with the female USC being older, and it not being a normal thing in the beneficiaries country is a red flag.

 

How many times did you visit him and how long each trip? With any red flags, more time spent in person is essential for success.

[Jen Canterbury 2]

Visit him twice 2016 and 2017

[Ben&Zian 4,397]

Just now, Jen Canterbury said:

Visit him twice 2016 and 2017

 

How long each time? but, from the age difference and them specifically mentioning it, and the letter you posted, sounds like essentially they don't believe the relationship was legitimate. The petition will return to USCIS and left to expire. Nothing much else you can do at this point really.

 

Next step really is to go get married and apply for a CR-1 (spousal visa)... but, just that doesn't guarantee success, you still have to overcome the red flag, so more visits and time spent together will be essential.

[Just Paul 4,591]

What was the inaccurate information on the petition?

[Jen Canterbury 2]

The first time meeting 7 days the second time 16 days, we met since 2014 and was corresponding with each other via Skype, FaceTime, we have a  bona fide relationship, would they give a reason for the denial?

[Ben&Zian 4,397]

3 minutes ago, Jen Canterbury said:

The first time meeting 7 days the second time 16 days, we met since 2014 and was corresponding with each other via Skype, FaceTime, we have a  bona fide relationship, would they give a reason for the denial?

 

You can search up top in right hand corner of the screen for like "Age gap denials" and other things and find countless other threads of denials mainly from age gaps and only 1-2 meetings especially. If, as it seems to be main issue since they specifically mentioned it in the interview, again lots of face time is best way to counter it. The embassy just goes off information given in the original petition plus any ongoing evidence given at the interview(but they aren't required to even consider this).  So in the initial i-129f petition, it should have been front loaded with a lot of evidence.

Edited March 6, 2019 by Ben&Zian

[geowrian 22,335]

Sounds like they don't believe the relationship is legitimate and have sent the I-129F back to USCIS to expire.

[Jen Canterbury 2]

Paul &Mary

 

i really don’t know, the co ask for his original birth certificate, he gave her a copy of what was sent to him via email from Nigeria, she told him his family must send it via DHL to him as well as a police clearance from Nigeria, she also made reference to his name being a girl name which is Alexandra, she also didn’t give him time to answer a question

 

thanks everyone for your advice, both of us can’ stop crying 

[Ben&Zian 4,397]

1 minute ago, Jen Canterbury said:

Paul &Mary

 

i really don’t know, the co ask for his original birth certificate, he gave her a copy of what was sent to him via email from Nigeria, she told him his family must send it via DHL to him as well as a police clearance from Nigeria, she also made reference to his name being a girl name which is Alexandra, she also didn’t give him time to answer a question

 

thanks everyone for your advice, both of us can’ stop crying 

 

So he is legally living in Georgia but from Nigeria originally? Nigeria is a high fraud country so this could have been taken into consideration also even though he was being interviewed in Georgia. Just something extra for thought.

[Jen Canterbury 2]

Ben/Zian, I sent in so much documentation and pictures of us together, his approval expires on 4/27. What’s the appeal process? Our age shouldn’t play a factor in this matter no discrimination regardless of age, gender,  religion etc 

[Ben&Zian 4,397]

8 minutes ago, Jen Canterbury said:

Ben/Zian, I sent in so much documentation and pictures of us together, his approval expires on 4/27. What’s the appeal process? Our age shouldn’t play a factor in this matter no discrimination regardless of age, gender,  religion etc 

 

I-129f has no appeal process. A lawyer can't help. The embassy has it's own unique powers. Again the petition will return to USCIS and be left to expire. The process is over.

 

Next step is to marry again and file for a CR-1 visa... but, unless the issue(s) are addressed, even that visa can be denied again for same reason(s).

 

The embassy personnel are trained to spot fraud and all, with the age difference, just couple visits, and him being from Nigeria (which is a high fraud country especially when it comes to age differences in relationships), the embassy sees it not legitimate. Again, to overcome this, if that is the main issue, then more time spent in person is key to overcome it.

 

They can't obviously specifically say this is the true in your specific case; but because of others before that married an older USC, got to the US, and bailed.. it became a trend that the embassy combats before the beneficiary even can get to the US. Same as when they deny a tourist visa, it's because so many people have traveled and never returned home and stayed illegally in the US, so they combat it there in the home country.

Edited March 6, 2019 by Ben&Zian