k1 Fiance Visa Refused and Received Termination Notice

[Robin19 3]

1 minute ago, Bill & Katya said:

One note I should add about the spousal visa, it will not be simply a visit or a trip to a third country get married and file, facetime and comingling a married life is definitely important.  Plan on multiple trips, and it may help for you to also be there when the interview eventually comes up.

Hi yeah, actually I have already decided that if I get married I am going to stay with her for 2-3 months at least ( I can afford it) and going to make a trip  there again (like for 2 weeks) before the petition gets approved, and will also with her during her interview. I understand the CO's point of view also on this that the CO wants to see if the relationship is real.

[Robin19 3]

8 minutes ago, missileman said:

Unnecessary worry is not a good thing in this process.

Step 1:  Determine the reason the K-1 was returned to USCIS

Step 2:  Develop a plan to overcome the reason.

Step 3:  Re-start the petition process 

hi thanks. Do you know how can I find the reason why the petition was returned back? If I have to guess, I can guess a lot of reasons as I mentioned in my original post but that won't help if I need to find the exact reason.

[Daphne . 1,709]

3 minutes ago, Robin19 said:

Hi yeah, actually I have already decided that if I get married I am going to stay with her for 2-3 months at least ( I can afford it) and going to make a trip  there again (like for 2 weeks) before the petition gets approved, and will also with her during her interview. I understand the CO's point of view also on this that the CO wants to see if the relationship is real.

Exactly! 👍🏻

And you know what? If the ‘only issue’ was that you looked too married for a K1 was the reason for the denial of the K1, you really should not worry too much because a lot of people have been in that boat too..

Find out the reason for the denial and work past that issue in whichever way you need to.

Good luck! 

[Robin19 3]

5 minutes ago, Daphne K said:

Many information about this very topic here on VJ 😉

Yeah. Before getting into this situation I always thought that it was my right to sponsor any woman I wanted to marry and all I needed was to make sure that my documentations is perfect. But now I have learned there is more to it.

[Ahmed&Freda 628]

8 minutes ago, Robin19 said:

hi thanks. Do you know how can I find the reason why the petition was returned back? If I have to guess, I can guess a lot of reasons as I mentioned in my original post but that won't help if I need to find the exact reason.

You can file a FOIA (Freedom of Information Act) with USCIS here is a link that is helpful https://www.foia.gov/how-to.html  sometimes just the details of the interview alone would tell you the reason for the denial but if you are uncertain you can try for the FOIA and request the notes from the consular officer sent from the embassy.

[Dashinka 23,375]

8 minutes ago, Robin19 said:

Yeah. Before getting into this situation I always thought that it was my right to sponsor any woman I wanted to marry and all I needed was to make sure that my documentations is perfect. But now I have learned there is more to it.

Immigration is a long process with many steps which require a great deal of patience.

 

Good Luck!

[Robin19 3]

4 minutes ago, Ahmed&Freda said:

You can file a FOIA (Freedom of Information Act) with USCIS here is a link that is helpful https://www.foia.gov/how-to.html  sometimes just the details of the interview alone would tell you the reason for the denial but if you are uncertain you can try for the FOIA and request the notes from the consular officer sent from the embassy.

Great! Thanks a lot! Would you know if it works? I read somewhere that it may not work.

[Ahmed&Freda 628]

6 minutes ago, Robin19 said:

Great! Thanks a lot! Would you know if it works? I read somewhere that it may not work.

I can't say for sure if it would "work".  Someone I knew that filed one took a while to get the information but he did get it.  It certainly doesn't hurt to try.

[Daphne . 1,709]

16 minutes ago, Robin19 said:

Yeah. Before getting into this situation I always thought that it was my right to sponsor any woman I wanted to marry and all I needed was to make sure that my documentations is perfect. But now I have learned there is more to it.

No, sponsoring ‘any woman’ would not be your right..

Filing a K1 or spousal visa for the woman of your dreams so you can be together (if the US is the place you want to do that) is.. 

And honestly, I think that is how it should be.. 

 

Strategic marriages in order to ‘import’ somebody to the US for economic reasons (Green Cards) for example, could almost be considered fraud, as it is almost like a planned set up, and this is why it is up to the couple in question to prove that the marriage is real, and by that I don’t just mean legal.. 

 

By no means am I accusing you of any of this by the way, just my 2 cents on this 👍🏻

[gabluc 171]

1 hour ago, Robin19 said:

Yeah, like out of many possible reasons I also think that the CO might have taken my engagement pictures as wedding pictures. I emailed and faxed them a formal letter after the interview requesting them to give me reason but they replied back to my email within 2 days telling me that I need to contact USCIS as they are sending the petition back to them. It was a very fast action, I thought they would take a couple of months to send my petition back to USCIS.

The CO are very versed on he cultures of the countries they service. 

 

I doubt it will be the engagement party, since Indians are known for lavish celebrations. 

 

I think it may be the incorrect answers, I mean who doesn't know where their spouse works? Or their date of birth? That seems shady especially if the CO thinks those are basic questions that require no thought. 

 

It's proof of a bonafide relationship they are trying to determine. If you file the CR1 visa, she will still need to be interviewed. Work on your relationship, and determine the best route for your family. Immigration is complicated everywhere in the world.

[Robin19 3]

5 minutes ago, GabLuc said:

The CO are very versed on he cultures of the countries they service. 

 

I doubt it will be the engagement party, since Indians are known for lavish celebrations. 

 

I think it may be the incorrect answers, I mean who doesn't know where their spouse works? Or their date of birth? That seems shady especially if the CO thinks those are basic questions that require no thought. 

 

It's proof of a bonafide relationship they are trying to determine. If you file the CR1 visa, she will still need to be interviewed. Work on your relationship, and determine the best route for your family. Immigration is complicated everywhere in the world.

Hi thanks for the reply. Yeah, it can be the bonafide relationship issue as well. The CO officer asked her my age indirectly twice. First time the CO officer intentionally increased my age number by 4 years and said that you fiance is this old, why do you want to marry someone who is this much older than you? Second time the CO officer asked (after 2-3 more questions on different topics) how old were your fiance when you got engaged to him? .  Same thing happened when she was asked about my employer name. My fiance was already nervous, tired, didn't have good sleep, no breakfast...and these factors were a bad combination to go for a serious interview like this.

[geowrian 22,336]

1 hour ago, Robin19 said:

Hi thank you for the information. I didn't know all this. Could you please let me know what do you mean by "there's a more in depth reason for this....". ? I want to proceed with the marriage but I am having trouble knowing how safe it is to do it when people say that I must find the reason of refusal and I think I won't be able to find the reason after the petition is terminated. Thanks.

1 hour ago, Robin19 said:

Don't they take it as a misrepresentation which can be taken as a fraud?

I've posted on the subject in greater detail in the past. Search for P6C, or P6C1 markers (sorry, I'm running out the door as I post this and can't pull it up that quickly).

 

Basically, as policy is written right now, a returned I-129F get s P6C (fraud) marker associated with it. If the petition is subsequently revoked by USCIS, this marker automatically becomes a finding, which incurs the permanent (but waivable) bar.

However, this is not how fraud/misrepresentation bars were intended to be used. They are intended for cases where there is a willful, material misrepresentation made. In the above case, the finding comes from the fact of being unable to prove your case, not due to intentional misrepresentations. It's mixing the burden to show that you qualify for the benefit sought versus the burden of showing an intentional misrep.

As such, USCIS policy is to no longer review returned I-129Fs. This lets them expire and terminate instead of being revoked.

 

This does not mean they don't review a previous petition or case when you file again. It also does not mean that there can't be a bar for misrepresentation due to other factors involved with the petition, visa application, or interview. It's just not automatic as a result of the petition being returned and subsequently revoked.

But unless there is reason to suspect a misrep, I would not assume there is one until told otherwise.

Edited July 16, 2019 by geowrian

[JeanneAdil 6,252]

2 hours ago, Robin19 said:

Yeah, like out of many possible reasons I also think that the CO might have taken my engagement pictures as wedding pictures. I emailed and faxed them a formal letter after the interview requesting them to give me reason but they replied back to my email within 2 days telling me that I need to contact USCIS as they are sending the petition back to them. It was a very fast action, I thought they would take a couple of months to send my petition back to USCIS.

i sent a 2009 letter to California Service Center to ask why my K1 was denied?  

still waiting for an answer

so,  don't expect one

 

a lot of K1 denials just follow  thru with a marriage successfully

 

[JeanneAdil 6,252]

2 hours ago, Robin19 said:

Thanks for the reply. I meant if she will ever be able to get a spousal visa if the spousal visa gets denied first time because let's assume there was something serious on her profile because of the K1 visa denial. I am just assuming the worst scenario.

very serious would be something that was not honest (an outright lie)

any misrpresentation is serious

 

criminal report is bad???? or medical exam showed an issue????

these you would be aware of

 

photos that look like a marriage instead of engagement party will not mean a denial of spousal visa (unless the marriage certificate shows a date before or  during the K1 process)

Edited July 16, 2019 by JeanneAdil

[carmel34 3,537]

The best route for you is to find out as much information as you can get on why she was denied the K-1 visa.  That could be through FOIA requests.  I also suggest that you spend more time with your fiancee (you only visited her once?) and have a deep heart-to-heart discussion about her past.  Does she have any other denied visa applications?  Previous romantic relationships with people in the US?  Any overstays in the US?  Any family members living in the US?  All of these issues could have played a role in her denial.  If, after a long talk with her, in person, about these issues, if you are satisfied that she is telling you everything, you both have a decision to make about your future and if you think the reason for the K-1 denial can be overcome through a CR-1 application.  If the only reason for the denial is the lavish engagement party, you will most likely be successful if you spend more time with her in person and co-mingle finances as much as you can.  But if there are other challenges from her past that you did not know about, it could be a longer road and more difficult to overcome.  If your love for each other is strong enough, you will find a way to be together someday, regardless of how long it takes, either in the US via a CR-1 spousal visa, or you can go and live with her in India or some other country outside the US.  Good luck!