Reaffirming K1 after 221g, Proof Submitted, Denied

[de-vi 1]

My fiance had his interview Dec. 20.  He was sent to a very stern gentleman for his interview.  He drilled him much farther beyond the usual questions, but my fiance answered them all.  Even questions about my ex, and the CO even asked him if he knew my ex, I think in disbelief that he knew all the answers.  Eventually the CO started asking some ridiculous questions like what type of character do I play in World of Warcraft.  My fiance replied he didn't know, as he didn't play it and didn't understand it.  

 

When asked for proofs, he presented him with a large binder organized by type of proofs.  The CO saw photos of me with his family, my son with us in Morocco, video screenshots of us, along with my fiance chatting with my family here on cam, phone call logs, emails, postal mail proofs, social media posts/messages, emails, affidavits of support from several friends and family (both sides).  The CO asked questions about if that was my son, his parents, etc.  But he skimmed through everything then gave him a 221g requesting further proof of communication.  He didn't ask for his passport, but we held onto hope, as it wasn't the generic 221g.

 

The case stayed in AP until 1/21 when it changed to refused, with no email or such.  I emailed the consulate and also tried to call the US number given in the auto-response and they finally replied today that it's being returned to USCIS.  We're absolutely gutted, of course.  I'm chronically ill and my health has been deteriorating rapidly in the past 2 years.  This puts such a hardship on me, as I'm also facing surgeries this year, one of them on my spinal cord.  I work from home, so luckily, this doesn't impact my income.

 

I know it's extremely rare, but I've a few posts here on K1 petitions getting reaffirmed once they are returned to USCIS.  I'm not the type to give up without feeling as though I've done everything in my power to try to help our situation.  I know the statistics.  I know it's a long shot.  

 

Is there a process for trying to get a petition reaffirmed?  Any suggestions (from anyone who's had success in this or has been through trying to get their petition reaffirmed) would be appreciated.  I tried to reply to the email asking for them to reconsider due to the hardship it would place on me.  I tried calling the number provided herein the US and she said it's up to the consulate to reply to my e-mail. 

 

I apologize if there is something here that lays this out but I didn't find it.  I'm an absolute crying mess right now and trying my best to think straight and present our situation coherently. 

 

Thank you in advance.

Edited January 27, 2020 by de-vi

[portorusa 431]

I am so sorry it happened to you. Are there any "red flags" like a large age difference? 

Reaffirmation route of K-1 can be long and exhausting and you may just lose time at the end. Can you just get married and go CR1?

[Villanelle 4,122]

2 hours ago, de-vi said:

 

 

I know it's extremely rare, but I've a few posts here on K1 petitions getting reaffirmed once they are returned to USCIS.  I'm not the type to give up without feeling as though I've done everything in my power to try to help our situation.  I know the statistics.  I know it's a long shot.  

 

 

For K's that get sent back to USCIS the current policy is to just let them sit there and expire/die a slow death... The few cases where it has actually been reaffirmed are the ones where it is sent back to USCIS due to a technical issue like a missing or incorrect document or boxes filled out incorrectly. It does not seem that your K was sent back for any kind of technical reason and was sent back under the general 'we dont believe relationship exists' umbrella. So the only way its going to get reaffirmed is if someone at USCIS goes against policy which is unlikely. You need to shift your focus to realistic solutions. Sometimes people are able to secure a second interview BEFORE its sent back to USCIS. Once its sent thats not an option. Its a very small window and since his interview was Dec 20th it may be closed... You can either file another K and try again or get married and do the CR which is the better option. 

[JeanneAdil 6,540]

From the USCIS webpage 

 

https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

A.  Generally, you must file an appeal within 30 days from the date of the decision (not the date you received the decision

 

so interview 12/20    you got a notice 1/21

30 days in December  so your notice was 1  day past the time you could have appealed 

this is why most K1 are sent back to die as most do not know the process to appeal a K1 (which BTW is not likely to be a success

 

However Nolo law says 

Unfortunately, you cannot file an appeal (for this or any other type of nonimmigrant visa decision). There is just no procedure for this.

https://www.nolo.com/legal-encyclopedia/k-1-fianc-visa-denied-can-i-appeal-refile.html