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Reema1

K1 visa petition returned to USCIS by consulate

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Hello All

 

I feel very devastated right now. My fiance had his interview a three of months ago and was told to submit a missing document with his passport the second day. After three months of waiting, we just got informed that the petition was sent back to USCIS for reconsideration as the consular officer was not satisfied with the evidence between me and my fiance.  What is that even supposed to mean? What are we supposed to do now?

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When a consular officer returns a petition it means they consider it should not have been approved in the first place.

 

As already advised, your best option is to marry and apply for a spousal visa.

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10 minutes ago, Reema1 said:

Egypt.

Here is an option: marry through the Utah County online marriage. The officiant will be in Utah County and you two can be physically together in Egypt. But if not physically together during the ceremony then you'll have to meet after the ceremony before you file Form I-130.

 

See for more info:

Edited by HRQX
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2 minutes ago, HRQX said:

Here is an option: marry through the Utah County online marriage. The officiant will be in Utah County and you two can be physically together in Egypt. But if not physically together during the ceremony then you'll have to meet before you file Form I-130.

 

See for more info:

I am sorry I am not that verse when it comes to petitions and stuff. I still do not understand why it was refused. What does it mean when they say not satisfied with the evidence? Seems like a vague reason 

5 minutes ago, Allaboutwaiting said:

When a consular officer returns a petition it means they consider it should not have been approved in the first place.

 

As already advised, your best option is to marry and apply for a spousal visa.

Won't the same thing then happen with the spousal visa? I am not sure why it was refused. Why do they think it should not have been approved 

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9 minutes ago, Reema1 said:

Won't the same thing then happen with the spousal visa?

There is a major difference between petition for fiance vs petition for spouse. When a petition for fiance is sent to USCIS then that is a dead end for that petition. But when a petition for spouse is sent to USCIS then you can still rebut their decision and if successful then they must send it again to NVC; i.e. the spousal petition can be reaffirmed by USCIS.

Edited by HRQX
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7 minutes ago, Reema1 said:

Won't the same thing then happen with the spousal visa? I am not sure why it was refused. Why do they think it should not have been approved 

Most likely they think you do not have a bonafide relationship and your fiance might be in it just for immigration purposes.

 

Getting married and providing strong evidence would make easier to prove it is a bonafide relationship.

 

What document did they ask for after the interview?

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1 minute ago, Allaboutwaiting said:

Most likely they think you do not have a bonafide relationship and your fiance might be in it just for immigration purposes.

 

Getting married and providing strong evidence would make easier to prove it is a bonafide relationship.

 

What document did they ask for after the interview?

They just asked for an updated tax form. And hmm I see what you mean. Is there a way of getting more detailed information about the refusal reason? You think a lawyer can help?

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9 minutes ago, TBoneTX said:

A lawyer won't be of much help beyond your own efforts.  Write the consulate (with your fiance's A# in the Subject line) and ask for precisely what they want, "to make things efficient for you" (say that).

 

If the consulate balks or drags its feet, try one more time, then involve the Immigration Liaison in your Congressman's office.  You'll fill out a permission form, and then that office can act.  But try the above first.

Thank you. I think I will try that. But you think now the ship has sailed for the K1?

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19 minutes ago, Reema1 said:

Thank you. I think I will try that. But you think now the ship has sailed for the K1?

Here's exactly what happens:

"When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused."

 

Source: https://www.uscis.gov/forms/all-forms/immigrant-visa-petitions-returned-by-the-state-department-consular-offices

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