Refused K1 at SDO

[sbarbie1914 22]

Not sure what Jorgedig means, but in Florida, for an immigrant to get a driver's license they need 3 proofs of residential addresses.  I plan on adding my husband to the utility bill, my vehicle registration, automobile insurance, open a joint bank account and make him the beneficiary of my life insurance.  I would think some of those would meet the criteria of "joint assets" as well as provide the means for him to get his driver's.  Can they see through that?

[SalishSea 16,884]

Just now, sbarbie1914 said:

Not sure what Jorgedig means, but in Florida, for an immigrant to get a driver's license they need 3 proofs of residential addresses.  I plan on adding my husband to the utility bill, my vehicle registration, automobile insurance, open a joint bank account and make him the beneficiary of my life insurance.  I would think some of those would meet the criteria of "joint assets" as well as provide the means for him to get his driver's.  Can they see through that?

A utility bill is not a joint asset.  Adding a fiancé who lives abroad after a visa denial seems very weak indeed.  Adding an actual spouse who you reside with is completely different.

[dentsflogged 352]

1 hour ago, sbarbie1914 said:

I'm not sure I agree with getting married and starting the entire process over again.  You mentioned the 5th piece of evidence the officer was asking for was proof of joint assets, which is not required for a K-1 visa.  That missing piece of documentation is most likely the reason for the visa refusal, no matter how unfair it may be.  I Googled it and found this tid bit:

Not required until it's asked for. The CO rightly or wrongly suspects that something is amiss after interview.  It's possible (IMO likely) that OP's fiance flubbed some answers (easy to do when stressed and possibly interviewing in a second or even third non-native language) in interview which caused doubt and the CO did the right thing by asking for more proof of a genuine relationship - it wasn't provided. 
 

 

47 minutes ago, msrodriguez said:

I am 39 and he is 26. Yes, I do understand that creates an issue. Men are approved with much younger women all of the time. Seems rather sexist. I know I sound a little bitter and poor me, but I'm just highly frustrated at this point. 

Sexist or not, in almost all cultures on earth the "norm" is that the parties are close in age or with the male older.  A young man in his 'prime' marrying an older woman (especially one who is edging into aging out of easy child bearing - no offense OP since I'm in the same boat myself being older than my husband, but this is the way that they think) raises red flags because of it being a "taboo" in many places still and thus has a higher potential to be person/couple with fraudulent intent. 

 

11 minutes ago, Jorgedig said:

Really?  LOL.  You don't think they would see right through this?

Yup. Locking the barn door after the horse got out, essentially. They want to see ongoing intermingling, not a quick single addition like "here, I ticked this box you wanted!" They want to see the kind of stuff that happens naturally with a couple over time - when my husband and I were in separate countries he was still listed as the beneficiary on my life insurance and retirement funds.  I was listed as his emergency contact at work and for all his medical documents (same as he was for me); we shared an Amazon Prime account; he had a secondary phone SIM service added to his plan for my use when I was visiting; he even had me listed with his landlord - not technically as a tenant but his landlord knew I existed and that I'd "live" there for a month at a time when I visited. And lots of other little things I'm probably forgetting about.  I sat down and made a list of it all when we were putting together our package and the evidence from BEFORE we were married is more plentiful than new additions post marriage because all the "big" stuff was done. 

[mytruelove18 607]

1 hour ago, msrodriguez said:

I am 39 and he is 26. Yes, I do understand that creates an issue. Men are approved with much younger women all of the time. Seems rather sexist. I know I sound a little bitter and poor me, but I'm just highly frustrated at this point. 

My cousin was approved on k1 visa in santo Domingo, he was 35 and she was 51, they were fine at the interview,  she was with him at the interview

Edited August 20, 2019 by mytruelove18

[Boiler 43,721]

Not sure how many people who are engaged would have much in the way of intermingling.

[sbarbie1914 22]

I admit that the utility bill is not necessarily a joint asset, although mine has a deposit associated with it, which is an asset.  As assets are shared, so is debt.  A utility bill, among other things, can show the mingling of two lives.  The fact that the officer is "requiring" such evidence before the marriage has even taken place is even more ridiculous than providing such evidence after the fact.

[msrodriguez 267]

So I'm thinking that we will try again for the k1 and  I will be sure to attend the interview. There are literally no other red flags other than our age difference. 

[fs2439 46]

1 hour ago, msrodriguez said:

I am 39 and he is 26. Yes, I do understand that creates an issue. Men are approved with much younger women all of the time. Seems rather sexist. I know I sound a little bitter and poor me, but I'm just highly frustrated at this point. 

Just wanted to agree with you. Sexist and a very conservative interpretation of what a relationship "should" be. Maybe there is a business nonimmigrant category he might fall under? I also didn't want to get married according to the us immigration precept of what a marriage should be and ultimately decided to go the business route. Appears to have worked so far

3 minutes ago, msrodriguez said:

So I'm thinking that we will try again for the k1 and  I will be sure to attend the interview. There are literally no other red flags other than our age difference. 

That's a good idea too

[Socalked 3]

19 hours ago, msrodriguez said:

Yes, our Congressman is involved. 

Not much they can really do except make sure the denial was by the books. Since you weren't at the interview, you only have fiancee side of the story..just saying!!  Wouldn't surprise me though if he's from the DR and denied..something didn't sound right and the CO isn't going to risk it. Good luck, maybe the CR1 would be a better route .

[Socalked 3]

9 hours ago, jeanita68 said:

Pedro and chantel are the same age? 🤷‍♀️ whats your point?

Well not just that mess of a couple but look what happened to Luis and Molly...

[SalishSea 16,884]

10 minutes ago, Socalked said:

Not much they can really do except make sure the denial was by the books.

Congress doesn't get involved in the minutiae of consular decisions.

[mytruelove18 607]

3 hours ago, msrodriguez said:

So I'm thinking that we will try again for the k1 and  I will be sure to attend the interview. There are literally no other red flags other than our age difference. 

If i were you just get marry and apply spouse visa.

k1 is faster but more expensive that cr1 visa

with a spouse visa he can work once arrive to usa, with a k1 he needs wait until work permit arrive to be able to work.

also if you get denied on a spouse visa you can appeal the decision.

[jeanita68 231]

16 minutes ago, Socalked said:

Well not just that mess of a couple but look what happened to Luis and Molly...

Yea well maybe molly and luis. Cause of the age difference. But i dont think you can compare those reality tv to these people. 

[mytruelove18 607]

23 hours ago, msrodriguez said:

Hi everyone. Here’s our story. 

 

He lives in the DR. There is a 14 year age gap. We met one year and 7 months ago while I was staying at the resort he works at. Neither of us have ever been married. I have visited 5 times. I make more than the required income. I have owned my condo for 11 years. I have had the same job for almost 13 years. My family speaks Spanish and English. We have a very good support system here. 

 

Our interview was 6/24. I was not

able to attend for several reasons. One of which is because I figured we had to interview prior to the expiration date on the NOA2. Silly me for thinking that exoneration date was something to pay attention to. I know several other couples that have been approved with no problems and only one person attended the interview. Also, it’s not required! 

 

Anyway, I sent my fiancé the binder with all of paperwork including several pages of photos (including with family members), receipts from wedding planning, my passport pages, copies of conversations (including with his Mom and sister, copies/receipts from all five of my trips.  We had more than enough proof. 

 

The officer asked him a ton of questions (to be expected), but never asked to see any proof of our relationship. She never asked to see one item from our binder. At the end of the interview she gave him the dreaded white paper - requesting documents. The killer - it was all there in the binder!! 

 

Anyway, the officer requested 5 documents/proof of that our relationship. THE SAME DAY we sent in 4 of the 5 documents as requested. We were not able to send the fifth document because the officer was asking us to show proof of joint assets. Well, clearly, that’s not possible at this point. 

 

We included a note note with the packet that we sent in and explained that we are happy to provide anything that they request and we supplied 4 of the 5 items requested ... we cannot send a statement of joint assets because we’re not married... we’re applying for the K1 visa blah blah. 

 

I know they received the packet on either 6/25 or 6/26. We have been in AP status since that time. Patiently waiting. Well, the week before last they sent us an email asking that my fiancé return to the embassy at the earliest convenience. Of course he works, so he was finally able to go this morning. 

 

He went to the window. Showed them the email with received. The officer said one moment. She returned with his passport and a letter. Told him to read the letter. Here’s what the letter said: 

 

“Your visa has been refused because you have 

been found ineligible under section 212G - Return of petition to USCIS - Petition no longer valid. The people is no longer valid and the consular has declined to revalidate the petition.”

 

 

 

Advice? Questions? Comments? Thoughts? Next steps? Please help 😞

 

 

 

Be aware that the day of interview the consular office dont review evidence, you need send all your evidence on your packet to uscis, the same packet will be send to Santo Domingo embassy, many people send a packet without many evidence thinking that the day of the interview the consular officer will review new evidences ,

they dont care if you have a bag or suitcase with evidences, the day of interview they basically take the decision base on your packet and what is on it, and also base in some questions.

[Crazy Cat 39,626]

3 hours ago, sbarbie1914 said:

If that doesn't work, it may be cheaper and faster to hire an attorney rather than start the whole process over again with CR-1 visa application. 

In my opinion, this would lead to a few thousand dollars spent for an attorney to say, "Sorry, your K-1 road is dead.......but for another $2000-$5000, I can help you with a CR-1 visa.......