k1 visa evidence

[T&f2020 0]

Hi everyone, 

 

My fiance and I are in the process of filing within the next month of so and I really want to make sure that we cover everything needed from us.  Within a year I visited him twice and we have ample and overwhelming amount of evidence, but I don't want to over do it with evidence.  Since the day we met (April 2019), we had NEVER missed a day of phone call and text message. At times for hours per day.  We have become night owls. The struggles of long distance relationship ya'll  but I wouldn't have it any other way.  The second time I went back to see my fiance, I was there for 2 months, we traveled around the country and lived together and  we have hundreds of pictures. Any pointers with how to submit 'reasonable' amount of evidence? calls, chats, pictures etc?  How detailed is too detailed when writing intent to marry? or do you write a separate letter explaining how you met and the love story? 

 

I"m asking all of this because we filed k1 visa on 8/5/19 and it was denied due to lack to 'sufficient evidence'.  I did not seek professional help ( I wonder if getting a lawyer makes any difference at all?) and in hindsight I honesty did not do such a good job with the application, especially looking at how much information people on here know (as well as other) and submit. I was heartbroken when we got denied ( I waited outside the embassy for an hour and it was the worst day of my life) but then I started doing research and I think we did the bare minimum of preparing our information/documents. I only followed the basic instruction listed on USCIS' page.  E.g I did not even explain how we met  I only submitted intent to marry and it was all to say I am free and willing to marry.  Since then we have learned that bare minimum isn't enough but now I'm nervous that I'm going to over do it with evidence and documents. The interview was in Jan 2020. 

 

Your advice is so appreciated and valued! 

 

I have seen people on here get denied and I feel it because it is so painful to experience that.  It is no fun to go through such a pain but the only way to move forward is to confide in each other with your loved one!  We have grown so much as a couple and as individuals since this whole process. Even though it's still difficult and frustrating, immigration isn't something within our control and we have taken this time to be more patient, understanding and grow professionally and personally with each other and I truly hope those of you who have fallen into this frustration can find a bright light within each other and get your turn to see light at the end of the tunnel sooner than later!.  I will stop my ranting here. 

Edited May 19, 2020 by T&f2020
misspell

[designguy 1,179]

For USCIS you only need to prove you met once in the last two years. Good evidence would be things like boarding passes and receipts. Was it a flat denial at the embassy or did they request any other documents?

Edited May 19, 2020 by designguy

[T&f2020 0]

2 minutes ago, designguy said:

For USCIS you only need to prove you met once in the last two years. Good evidence would be things like boarding passes and receipts. Were you not able to prove this for your Aug '19 petition or why specifically was it rejected?

I provided airline ticket receipt but not boarding passes. All the counselor said was that enough evidence was not provided. 

[designguy 1,179]

1 minute ago, T&f2020 said:

I provided airline ticket receipt but not boarding passes. All the counselor said was that enough evidence was not provided. 

Some consulates are tougher than others especially in Africa. Usually the recommendation is that after you are denied a K-1 that you marry and file for a CR-1. Have you thought about doing that? 

[T&f2020 0]

Just now, designguy said:

Some consulates are tougher than others especially in Africa. Usually the recommendation is that after you are denied a K-1 that you marry and file for a CR-1. Have you thought about doing that? 

Yes. I would rather marry him but my only hurdle is that within a year I have requested off work 2 times for 2 months each time. And getting time off again anytime soon is  impossible. 

 

I had no idea how tough consulates can be and are. Although in our case I now feel like we could have provided more. 

[T&f2020 0]

13 minutes ago, designguy said:

For USCIS you only need to prove you met once in the last two years. Good evidence would be things like boarding passes and receipts. Was it a flat denial at the embassy or did they request any other documents?

It was a flat denial.  The counselor did not want to talk to my fiance. She handed him a denial letter. The letter said it was denied under section 221g. I emailed the embassy and they said that we did not provide enough evidence. 

[Sparkle Sparkle 914]

37 minutes ago, T&f2020 said:

Yes. I would rather marry him but my only hurdle is that within a year I have requested off work 2 times for 2 months each time. And getting time off again anytime soon is  impossible. 

 

I had no idea how tough consulates can be and are. Although in our case I now feel like we could have provided more. 

You should still consider CR1 as @designguy advised....you will wait awhile but it will be worth it at the end because spouse visas are not easily denied after approval from USCIS .if you denied at all you can appeal ....unlike K1 no appeal. You should also this look at it from the VO's point of view, you guys are so in love and want to marry then you refused a visa its logical you go ahead and marry if you guys really want to be together. 

 

If you insist on K1, be careful selecting evidence....pick documents and evidence that put both of you in the same place at the same time...label them well so its not confusing ....remember you will not be there to explain who is who and where you guys were....front load your petition so when it gets to the embassy they already know everything you intend to tell them.

Edited May 19, 2020 by Sparkle Sparkle

[T&f2020 0]

9 hours ago, Sparkle Sparkle said:

You should still consider CR1 as @designguy advised....you will wait awhile but it will be worth it at the end because spouse visas are not easily denied after approval from USCIS .if you denied at all you can appeal ....unlike K1 no appeal. You should also this look at it from the VO's point of view, you guys are so in love and want to marry then you refused a visa its logical you go ahead and marry if you guys really want to be together. 

 

If you insist on K1, be careful selecting evidence....pick documents and evidence that put both of you in the same place at the same time...label them well so its not confusing ....remember you will not be there to explain who is who and where you guys were....front load your petition so when it gets to the embassy they already know everything you intend to tell them.

we are exploring our options. I would rather get married and go that route but it will definitely take us a little longer, which is okay.   As for the first petition I think it was a bit confusing and did lack thorough evidence and that's a fault on our end so I thought maybe if we take our time and select evidence carefully this time, it may be a different outcome. Just being hopeful here I suppose. Thanks 

[Reconnecting Reco 24]

Yea my fiancee and I got denied and we decided to go again with another K1 visa because waiting 9 months was easier than waiting a few years. We got a lawyer this time and it looks a lot better. Our interview would have been in April but since everything is shut down we are unsure when we will be able to interview again. I plan on flying down and being in the city when she interviews to show support.

 

 The consulars can be terrible people. They are rude and quick to deny without looking at the evidence. It was almost as if she was going to get denied before the interview started. We are hoping for a better outcome and I wish you luck.

[NikLR 13,227]

Front loading is ideal.  While the USCIS generally has lower standards, especially for the K1, the CO at the interview doesn't have to look at anything brought to the interview or wasn't included with the original petition.  If you want to prove a genuine relationship, time spent together is the most important.  Then regular communication.  

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[T&f2020 0]

2 hours ago, Reconnecting Reco said:

Yea my fiancee and I got denied and we decided to go again with another K1 visa because waiting 9 months was easier than waiting a few years. We got a lawyer this time and it looks a lot better. Our interview would have been in April but since everything is shut down we are unsure when we will be able to interview again. I plan on flying down and being in the city when she interviews to show support.

 

 The consulars can be terrible people. They are rude and quick to deny without looking at the evidence. It was almost as if she was going to get denied before the interview started. We are hoping for a better outcome and I wish you luck.

How long  were engaged before the first petition?  What did you do differently the second time? I am learning that gathering support letters from family and friends is apparently essential but I did not do that first. 

 

Yes, they are tough and really terrible to people. I know exactly what you mean about quickly denying without considering any evidence. I understand that the burden of proof is on the petitioner/applicant but they don't give you that chance at all.  They handed my fiance the denial paper and said 'go talk to your fiance' when he asked them why we were being denied but in the email they sent me, they claimed they explained everything orally. I don't believe that for a second.   I feel bad for putting my partner through this twice because.  The way they treatment applicants is just unacceptable but what can you do.  

 

Please keep me posted. And the best of luck to you and your fiancee!!!!  

 

Thanks 

[T&f2020 0]

2 hours ago, NikLR said:

Front loading is ideal.  While the USCIS generally has lower standards, especially for the K1, the CO at the interview doesn't have to look at anything brought to the interview or wasn't included with the original petition.  If you want to prove a genuine relationship, time spent together is the most important.  Then regular communication.  

I really wonder how much of the original petition documents they even review prior to the interview.  I agree with you about showing time spent together but I just hope they will take the time to look at those evidence before making a decision to deny because it kind of felt that way last time. As for ongoing communication, we have thousands of texts and calls, vidoes etc. but I fear that I will over do it and they find that to be an issue.  Thanks for your feedback. 

[Reconnecting Reco 24]

18 hours ago, T&f2020 said:

How long  were engaged before the first petition?  What did you do differently the second time? I am learning that gathering support letters from family and friends is apparently essential but I did not do that first. 

 

Yes, they are tough and really terrible to people. I know exactly what you mean about quickly denying without considering any evidence. I understand that the burden of proof is on the petitioner/applicant but they don't give you that chance at all.  They handed my fiance the denial paper and said 'go talk to your fiance' when he asked them why we were being denied but in the email they sent me, they claimed they explained everything orally. I don't believe that for a second.   I feel bad for putting my partner through this twice because.  The way they treatment applicants is just unacceptable but what can you do.  

 

Please keep me posted. And the best of luck to you and your fiancee!!!!  

 

Thanks 

We were new to the process so when we originally sent it in we were only 4 months into a relationship and I had visited her twice already. I figured since it took about 10 months for a interview that between the time we were waiting we will have more pictures and such. I had seen her two more times and we had much more proof and we assumed the interviewer would ask to see but she never did. Asked a few questions and then denied her because of insufficient proof. Like the proof  was in her hands in a folder we were told to bring. But this time we got a lawyer and the application looks a lot better. Just need the embassy to reopen and see how it goes.

[kostyaby 9]

On 5/21/2020 at 4:59 PM, NikLR said:

Front loading is ideal.  While the USCIS generally has lower standards, especially for the K1, the CO at the interview doesn't have to look at anything brought to the interview or wasn't included with the original petition.  If you want to prove a genuine relationship, time spent together is the most important.  Then regular communication.  

Why would USCIS not send an RFE if there is not enough evidence of a relationship? Why would they approve a petition and send to the embassy for an automatic denial? Sounds fishy.