K1 Visa Interview - case returned to NVC

[EliLA 22]

5 minutes ago, Shellimedz said:

Me too lol. I've gone back and forth every two months or so and I'm holding off until the interview as well since I got my NOA2 on the day I left for my last visit. 

I am waiting for my noa2. will be 4 months the 14 of this month.  

[Shellimedz 33]

1 minute ago, Elizabethlh said:

I am waiting for my noa2. will be 4 months the 14 of this month.  

You'll get it soon, granted you don't have any issues with the application, it seems to be averaging a little under 4 right now for the most recent approvals.

[HP+IC 292]

1 minute ago, Elizabethlh said:

Thank you I also filed a little over 6 months after . I waited to get my divorce done. So I filed right after I was legally divorced. I've been separated for 4 years but never filed my divorce as I wasn't planning to get married again so I really did not pay any mind to it.  ( how life works right? ) So that concerns me a little but hey I love this man  and  I have faith everything will turn out fine. 

Probably non issue. I was separated for over 2.5 years and discussed divorce, property & custody issues and only filed for divorce after all of that was settled, 3 months into our relationship. Divorced in March, I-129F filed 06/29. Not a single question at the interview about relationship overlapping undissolved marriage. 

[EliLA 22]

2 minutes ago, HP+IC said:

Probably non issue. I was separated for over 2.5 years and discussed divorce, property & custody issues and only filed for divorce after all of that was settled, 3 months into our relationship. Divorced in March, I-129F filed 06/29. Not a single question at the interview about relationship overlapping undissolved marriage. 

Oh wow That's great. Thank you

6 minutes ago, Shellimedz said:

You'll get it soon, granted you don't have any issues with the application, it seems to be averaging a little under 4 right now for the most recent approvals.

Yes hopefully it is soon ❤️ 

[SalishSea 16,746]

9 hours ago, Aska said:

My original divorce certificate was missing he kept asking for that I didn’t know which doc he requires after coming home I saw that I didn’t take divorce certificate with me i just took stamp paper with me

There's your problem right there.

[ElmiraW 5]

10 hours ago, Aska said:

VO asked me who did we met through. I said  family friends in 2013. After that he also got married and I also got married; but we both got divorced and reunited and filled a k1 visa. He asked why not a spouse visa? I said because k1 is efficient and takes lesser time. 

He kept asking for my divorce certificate and I didn’t have it. 

Did your spouse get citizenship through his first marriage?

[geowrian 22,335]

3 hours ago, C90 said:

I don't completely agree with everyone stating it's definitely dead when it gets send back. I know people who had their interview (different consulate tho), visa couldn't be approved because of police records obtained at the interview and the consulate sent the whole package back to USCIS. Person got approved about 2 months later, after USCIS went over everything again.

That's a little different as it was sent back for being incomplete.

 

3 hours ago, Shellimedz said:

I'm with you, there is so much negativity on this board and at the end of the day most of us don't know what actually goes on behind the scenes. If there was no chance it could change I'm sure they would say just that.

The issue is you are dealing with 2 different government agencies: DOS (which runs the embassies & consulates) and DHS (which runs USCIS). Each agency has their own policies.

 

DOS follows the FAM. The FAM explicitly states that the process for returning the petition is to mark it with a P6C flag (Misrepresentation). P = quadi-refusal. INA 212(a)(6)(C) = misrepresentation.

See https://fam.state.gov/fam/09FAM/09FAM040310.html & https://fam.state.gov/fam/09FAM/09FAM030209.html

A good discussion of the P6C marking is here: https://www.ilw.com/articles/2010,0713-Ellis.shtm

 

Important section from the FAM:

"Thus, a misrepresentation with respect to entitlement to status under a family relationship petition, e.g., document fraud, sham marriage or divorce, etc., cannot be deemed material as long as the petition is valid. Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office. If the petition is revoked, the materiality of the misrepresentation is established. "

 

Basically, this means that if the CO finds that the relationship described on the I-129F is improper (not bona fide), then this is a material misrepresentation. The process is to return the petition to USCIS for an Advisory Opinion (AO) review. If they decide to revoke the petition, then the material misrepresentation finding automatically becomes a material misrepresentation inadmissibility, which includes a permanent (but waivable) bar on any visa.

 

~Anyway, that's the DOS side of things. Their policy manual states to return the petition to USCIS for review.

USCIS has their own policy manual as they are a completely separate agency. Several years ago (~2010? 2011?), they created a policy to not review the returned I-129Fs specifically to avoid the automatic misrepresentation bar being executed simply due to being unable to show eligibility for a visa. Misrepresentation bars were intended to cover instances of people willfully lying to gain a benefit....not for cases of just being unable to prove their case.

A class-action lawsuit was being discussed to force USCIS to make this change, but they did it on their own.

 

A great thread by an insightful individual on this change:

 

Edited April 5, 2019 by geowrian

[Martha R 59]

According to her timeline, the visa got approved!!!! COngratulations!!!!

[Unlockable 7,306]

5 hours ago, Shellimedz said:

Ditto, because everyone suggesting that visiting too much is a bad thing is kind of ridiculous in my mind. Obviously people miss each other and the only option to be together is for the USC to visit, doesn't mean they enjoy spending thousands on air fare and other traveling expenses. The whole point of the K1 is to put an end to all this traveling ASAP.  

 

5 hours ago, Elizabethlh said:

Right? I mean I Traveled to Cuba 5 times in less than a year. ( yes spend thousands of dollars )  Will that be seen as a red flag?  It's crazy. 

This always happen.

 

People don't completely understand that there are cultural differences in other countries and sometimes those differences may seem extreme. Pakastan has a strong patriarchal society. Most often women are not even encouraged to go out in public alone. Because of religious beliefs in a lot of cultures, a man and woman can not be left alone, much less stay in a hotel together, if they are not married.

 

So yes, visiting and spending lots of time to someone you love but not married to sounds normal to us. It may sound "ridiculous" or "crazy" not to. But in some cultures, there are consequences if the two are not married.

 

You have to have a global mind when dealing with immigration. That means never equate other cultures to your own.

Edited April 5, 2019 by Unlockable

[Danny1991 8]

23 minutes ago, Unlockable said:

 

This always happen.

 

People don't completely understand that there are cultural differences in other countries and sometimes those differences may seem extreme. Pakastan has a strong patriarchal society. Most often women are not even encouraged to go out in public alone. Because of religious beliefs in a lot of cultures, a man and woman can not be left alone, much less stay in a hotel together, if they are not married.

 

So yes, visiting and spending lots of time to someone you love but not married to sounds normal to us. It may sound "ridiculous" or "crazy" not to. But in some cultures, there are consequences if the two are not married.

 

You have to have a global mind when dealing with immigration. That means never equate other cultures to your own.

I agree with this comment. For example in Germany we usually stay and spend lots of time together before getting married. 

 

It seems the embassies or consulates in developing countries are very hard. In my country the CO are very nice, friendly and polite. Mostly they don’t ask much and 98% visa will be approved. 

[Cathi 5,609]

12 hours 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 

Immigration to the United States is not a right, it's a privilege. Period.

[Shellimedz 33]

3 hours ago, Unlockable said:

 

This always happen.

 

People don't completely understand that there are cultural differences in other countries and sometimes those differences may seem extreme. Pakastan has a strong patriarchal society. Most often women are not even encouraged to go out in public alone. Because of religious beliefs in a lot of cultures, a man and woman can not be left alone, much less stay in a hotel together, if they are not married.

  

So yes, visiting and spending lots of time to someone you love but not married to sounds normal to us. It may sound "ridiculous" or "crazy" not to. But in some cultures, there are consequences if the two are not married.

 

You have to have a global mind when dealing with immigration. That means never equate other cultures to your own.

I definitely understand that there are differences in culture and customs, I just think that there had to  be more to it than that. I mean, yes we take into consideration their culture, but I'm sure they also take into consideration our culture, and the fact that everyone in that country isn't going to be strictly adherent to religious customs. I just felt that the visits were being harped upon like it was the smoking gun and maybe you guys are right but it's still ridiculous to me.  

[Texas stylist 63]

10 hours ago, payxibka said:

What is frustrating is all the supposed reasons given in this thread are other people's opinions who don't know the OP and were not present. The OP lived the interview and likely knows EXACTLY where the interview went wrong and thus the underlying reason.  If it was solely due to not having the original document then the consulate could have given a 221g for it.  

My husband is from a Muslim county and I visited him 7 times in 1 year and was approved so I don’t understand why visiting too much is bad. Actually in my husbands case the person looked only half my items and just put it down and told my husband he was impressed I visited him so many times.

[Rashid patras 40]

22 hours ago, Aska said:

I had an interview with US embassy on 3rd April 2019 in Islamabad . VO asked me questions about our relationship - my fiance has visited me for about 9 times in past 1 year from Newyork, our relationship is authentic. But the VO said he’s returning the case to NVC for future review. What does this mean? And how much time can this take? He returned my passport and didn’t hand me over any paper stating a reason for not approving my petition - he kept my medical and my fiancés tax returns with him. 

I am worried about the timeline as I have already resigned ftom my job!!

Hi, I had also interview islamabad on 2nd april 2019 went very well almost 5 to 6 minutes present everything what they ask for but at the end VO asked to provide police clearance certificate from Switzerland and South Korea where I stayed in past plus put my case on Administrative processing act 221g for further vetting and said it can take months.

Edited April 6, 2019 by Rashid patras

[Rashid patras 40]

2 minutes ago, Rashid patras said:

Hi, I had also interview islamabad on 2nd april 2019 went very well almost 5 to 6 minutes present everything what they ask for but at the end VO asked to provide police clearance certificate from Switzerland and South Korea where I stayed in past plus put my case on Administrative processing act 221g for further vetting and said it can take months.

Well in your case wondering why VO sent your case back to NVC, the only reason I understand he might had impression thats your relationship is not genuine, this is worrying that VO returned your passport but wish you all the best.