k1 Fiance Visa Refused and Received Termination Notice

[Robin19 3]

Hi guys, I hope someone can help me. My fiance in India received 221G letter after her interview for Fiance visa in January this year. Her 221G letter stated that your file is incomplete, therefore your visa application has been refused. They put it under administrative process. After doing extensive research in this forum I was sure that it will be sent back to US and that’s what happened.

 

Within a week of the interview they notified us that they sent back the petition to USCIS for review, with a possibility of revocation of petition. Everything was happening according to the information provided by lots of contributors in this forum. So I was expecting NOID or NOIR after 4 months.

 

However, instead of receiving the NOID or NOIR, after 5 months I received a Termination Notice from USCIS stating that the petition has expired because it reached validity period of 4 months. It also stated that the petition was returned to USCIS with a finding that the beneficiary was not issued the requested K-1 Visa. All USCIS action in this matter is terminated as of the date of this notice.

 

I searched google and hardly found 2 similar cases posted by other people of receiving Termination notice instead of NOID, NOIR, or receiving nothing.

 

1) Does anyone have any good information on this type of Termination Notice letter?

 

2) Is it safe to go for the marriage path and after getting married I file for the marriage petition? I read here a lot that I must find the reason of denial. How do I do that if that is a must as I also read that it is still very difficult to find the reason of denial under FOIA.

 

3) What happens, let’s say I am not able to find the reason of failing the interview, I still proceed to get married and my fiance fails the interview based on the reasons happened during her fiance visa interview? Will I never be able to reunite with her, or at least that easily?

 

4) Is the refusal of application equal to “denial” of visa?

 

On the refusal part I can provide some info.. I can think of some points like after getting engaged I never visited my fiance in India (the question was asked as well why I didn’t visit India). There is a 10 years of age gap (I am in mid 30s), we belong to different religions, our education backgrounds are very different, there is a possibility that her state is considered a fraud state because people are crazy there to go to other countries, we had a lavish engagement which can look like a wedding to some people by looking at the pictures. She also used a translator instead of giving the interview in English. She also gave some wrong answers during the interview my correct age (question was asked twice in different ways), my employer’s name, I can't remember but there was one more.

 

So from the officer’s point of view, I can see many reasons of refusal like  bonafide relationship issue, from the wedding pictures it may look like misrepresentation. From other factors the officer might have thought the girl simply wants to to get into US.

 

But I think if the reason of refusal must be found then there is no point of guessing because some reasons carries more weight than others. So I must find a the real reason of refusal if it is definitely required before getting married.

 

I really appreciate it if I can get some help here. It has been really stressful for both of us and we are living a life with uncertainties for the last 6 months. Many of you know how it can negatively impact someone's entire life.  I have already checked with 2 immigration lawyers and they both said I have the choice of getting married and then file for that petition however there is no guarantee and it is your choice. I am going to meet one more lawyer soon. But I hope someone can provide really useful info here as well. Thanks a lot for reading this long message!

[Dashinka 24,579]

You said this was a fiancé visa, then you mentioned wedding pictures.  Which is it?  Are you actually married?

[Boiler 45,651]

They do not issue NOID or NOIR's for K1's so not sure how you got that impression.

 

You mentioned a number of reasons for the K1 expiring, could be one of them, could be a combination of them.

[Pitaya 2,577]

Quote

On the refusal part I can provide some info.. I can think of some points like after getting engaged I never visited my fiance in India (the question was asked as well why I didn’t visit India). There is a 10 years of age gap (I am in mid 30s), we belong to different religions, our education backgrounds are very different, there is a possibility that her state is considered a fraud state because people are crazy there to go to other countries, we had a lavish engagement which can look like a wedding to some people by looking at the pictures. She also used a translator instead of giving the interview in English. She also gave some wrong answers during the interview my correct age (question was asked twice in different ways), my employer’s name, I can't remember but there was one more.

 

So from the officer’s point of view, I can see many reasons of refusal like  bonafide relationship issue, from the wedding pictures it may look like misrepresentation. From other factors the officer might have thought the girl simply wants to to get into US.

Agree with Boiler. Additionally, you own posting (above) mentions several possible reasons, likely the combination. Did you meet her within two years of filing for the K1 visa?

[Robin19 3]

14 minutes ago, Bill & Katya said:

You said this was a fiancé visa, then you mentioned wedding pictures.  Which is it?  Are you actually married?

Hi sorry for the confusion. I am not married to her yet. Basically the engagment was a huge party...lavish. So by looking at the pictures of my engagement someone can easily think it was a wedding not an engagement party even it was an engagement. 

[Robin19 3]

1 minute ago, Pitaya (火龙果) said:

Agree with Boiler. Additionally, you own posting (above) mentions several possible reasons, likely the combination. Did you meet her within two years of filing for the K1 visa?

Hi thanks for reading my post. I have not met her again after getting engaged again. I thought at that time she would come to US within 10 months after filing the petition anyways and I would use my vacation time for my wedding. But it almost took 12 months for the interview to actually happen. 

[Boiler 45,651]

So how much time did you spend together before the engagement?

[Dashinka 24,579]

4 minutes ago, Robin19 said:

Hi sorry for the confusion. I am not married to her yet. Basically the engagment was a huge party...lavish. So by looking at the pictures of my engagement someone can easily think it was a wedding not an engagement party even it was an engagement. 

This trips up a lot of couples, too married for a K1 in the eyes of the CO.  Your best bet is to get married and file a spousal visa. 

[ilovelondon 22]

I.know a lot of K1 refused,but after married,approved CR1

[Robin19 3]

4 minutes ago, Boiler said:

So how much time did you spend together before the engagement?

Like 2 months. It is Indian cultural thing, mix of of love and arrange marriage.  But it is okay if that was the base for the refusal. I am concerned about the nature of the Termination notice and what happenes if she is refused again for visa if I marry her. I know at this point I cannot find the real reason of refusal.

[Robin19 3]

Just now, ilovelondon said:

I.know a lot of K1 refused,but after married,approved CR1

Even without knowing the reason of k1 visa refusal? Thanks. 

[Dashinka 24,579]

Just now, Robin19 said:

Like 2 months. It is Indian cultural thing, mix of of love and arrange marriage.  But it is okay if that was the base for the refusal. I am concerned about the nature of the Termination notice and what happenes if she is refused again for visa if I marry her. I know at this point I cannot find the real reason of refusal.

In your OP you mentioned it was refused as being incomplete.  Did the CO ask for something that was not provided?

[Robin19 3]

Just now, Bill & Katya said:

In your OP you mentioned it was refused as being incomplete.  Did the CO ask for something that was not provided?

I was expecting that we would be asked for the incomplete documents but they sent the petition back to US within a week!!!

[ilovelondon 22]

1 minute ago, Robin19 said:

Even without knowing the reason of k1 visa refusal? Thanks. 

most k1 refusal because the don't trust its true relationship.i guess yours because they think you have married

[Dashinka 24,579]

1 minute ago, Robin19 said:

I was expecting that we would be asked for the incomplete documents but they sent the petition back to US within a week!!!

Many petitions are being out right rejected if required evidence is missing without getting an RFE.