K1 Visa Interview - case returned to NVC

[mniceguy16 184]

1 hour ago, Aska said:

Means Do I still have a chance to get a visa? He said NVC will get in touch with you for RFE. He kept asking for my original divorce certificate that happened in 2016. But I took stamp paper with me but he wanted original certificate.

 

Your problem is right here, (your original divorce decree) , keep that jealously and be ready to provide to them once they get in touch with you. 

[Aska 4]

1 minute ago, mniceguy16 said:

Your problem is right here, (your original divorce decree) , keep that jealously and be ready to provide to them once they get in touch with you. 

I hope they get in touch with me.. 

its now with me earlier I thought stamp paper is the original divorce deed. I didn’t know anything else also existed otherwise I would’ve taken it with me!!

[Mariasd21 66]

6 minutes ago, missileman said:

What embassy? What documents? Did they tell your friend that the case was being returned?  Sounds like a very different circumstance.

They told her that USCIS sent her aplicación with missing documents then in January they sent to her boyfriend  another NOA2  with expiration date in this year 

[Crazy Cat 39,219]

6 minutes ago, mniceguy16 said:

Your problem is right here, (your original divorce decree) , keep that jealously and be ready to provide to them once they get in touch with you. 

The communication will be that the case has expired........6 months from now.

[Aska 4]

15 minutes ago, Going through said:

It's out of the cultural norm in Pakistan for unmarried visits to continue in such frequency...hence why the CO outright asked you why you haven't done a CR-1 visa (ie. get married), and continued to meet unmarried instead.   With the prior divorce, added some more scrutiny.

If it’s against cultural norms they shouldn’t have an option to file a k1 visa for Pakistani citizens.

[Going through 5,668]

1 minute ago, Mariasd21 said:

They told her that USCIS sent her aplicación with missing documents then in January they sent to her boyfriend  another NOA2  with expiration date in this year 

what embassy was your friend interviewed at?  Same as OP's?

[Going through 5,668]

Good news is that you have the option to marry during his next visit and file the CR-1 visa--don't give up hope.

[Ahmed&Freda 628]

15 minutes ago, Aska said:

If it’s against cultural norms they shouldn’t have an option to file a k1 visa for Pakistani citizens.

It's an option for those who are not yet ready to get married.   Not as an option to speed up the process.   The CO had suspicion in which you confirmed with your comment as to why you chose the k-1 (because its faster).

 

You can contact the embassy https://pk.usembassy.gov/visas/immigrant-visa-inquiries/ there is an option to upload documents but they really needed to see your originals at the interview to inspect the seals.   

 

The biggest issue you have against to you visa is the "too married for K-1" even with the divorce decree I'm afraid your case is being rejected for this reason but you can be sure to have your divorce documents for your next interview Inshallah.

 

 

 

 

 

 

[Going through 5,668]

2 minutes ago, Ahmed&Freda said:

It's an option for those who are not yet ready to get married.   Not as an option to speed up the process.   The CO had suspicion in which you confirmed with your comment as to why you chose the k-1 (because its faster).

This ^^

 

If your response to the CO's question about why you haven't gotten married yet is only "well the K1 is faster"....it might have sounded to the CO that your answer was more America-focused rather than relationship-focused.

[Aska 4]

Just now, Going through said:

This ^^

 

If your response to the CO's question about why you haven't gotten married yet is only "well the K1 is faster"....it might have sounded to the CO that your answer was more America-focused rather than relationship-focused.

 

Just now, Going through said:

This ^^

 

If your response to the CO's question about why you haven't gotten married yet is only "well the K1 is faster"....it might have sounded to the CO that your answer was more America-focused rather than relationship-focused.

But we waited for almost 2 years!! Of course we wanna be together asap!! 

We cant stay apart this is effecting our relationship we have every right to speed up the process and choose the fastest possible way to be together 

[payxibka 10,044]

Different consulate, different facts, but three months ago I was in much the same situation as the OP.  I received a lot of the same advice as has been given here.  Had I followed this advice,  my fiancee would not be in America with me today 

[Aska 4]

Just now, payxibka said:

Different consulate, different facts, but three months ago I was in much the same situation as the OP.  I received a lot of the same advice as has been given here.  Had I followed this advice,  my fiancee would not be in America with me today 

What do you advise then? I wrote to embassy in Islamabad hoping to receive their reply 

[payxibka 10,044]

Read my previous posts.  The petitionner should be requesting a consulate general review,  you should request the exact reason for the determination of the ineligiility, if you think you understand why they refused then provide additional evidence to refute.  

 

You need to be honest with yourself as you likely know exactly where the failure is/was.

[The_Empyrean 733]

26 minutes ago, Aska said:

What do you advise then? I wrote to embassy in Islamabad hoping to receive their reply 

Send a letter to USCIS to withdraw the current I-129f and refile new one. OR withdraw the i-129f, go to pakistan, get married, go back to USA and file for I-130

30 minutes ago, Aska said:

 

But we waited for almost 2 years!! Of course we wanna be together asap!! 

We cant stay apart this is effecting our relationship we have every right to speed up the process and choose the fastest possible way to be together 

We waited for 4 years, isn't an excuse.

I'm gonna explain to you in a simple way.

1. You didn't have the original divorce decree when asked to show them (it's always asked for in packet 3).

2. You told the officer that you want to get to USA quicker, that's a red flag.

3. As someone mentioned, frequent visits without marriage, isn't a norm for Pakistan.

4. US isn't choosing which visas are going to which countries ( this is to your reply "Then they shouldn't offer K-1 for Pakistan").

5. Your petition was denied for the reasons i mentioned in 1-3.

6. NVC won't ask for additional evidence. They are the middlemen between USCIS and embassy. They'll just send the file back to USCIS.

7. USCIS won't touch it anymore as it was denied by embassy, and it will be left to EXPIRE.

 

You were too married for K-1 according to local culture, and didn't have an official paper they asked for. This was your mistake, not theirs, they have no obligations to review your petition again.

You have two options, refile K-1 (which will very likely get denied. again.) or get married and do spouse visa, which is a better route looking at your circumstances. 

 

best of luck

Edited April 5, 2019 by PaulMac

[geowrian 22,335]

2 hours ago, payxibka said:

The petition being dead is 100% true once the petition leaves the consulate.   The only chance the OP has is to request an immediate Consulate General review.  The consulate is under no obligation to provide this but it has happened 

Exactly. Right after I stepped away, it came to me to point this out. It's likely pointless, but it's the only option with > 0% chance to salvage the existing K-1 application. Once it is sent back to NVC, it becomes 0%.

 

1 hour ago, Aska said:

If it’s against cultural norms they shouldn’t have an option to file a k1 visa for Pakistani citizens.

The law makes no distinction of nationality for immediate relatives, and only cares about oversubscription for other categories.

Local customs are king. For certain embassies, a K-1 is a much greater risk than others.

That said, Pakistan issued 21 K-1 visas in February and 25 in January. So it's not impossible either.