K1 visa petition returned to USCIS by consulate

[JeanneAdil 6,203]

17 minutes ago, Reema1 said:

There were no marriage papers signed or anything. It is just an engagement party. Let's say that what you said was right and they thought we were married. Would not they have just said we found misrepresentation and you guys are married?

The embassy would report on the papers to USCIS "too  married for a K1"

this has happened over and over (as reported here in VJ ) for many African countries

did he get any 221g notice with any explanation?

This will not prevent you from marrying and applying for the spousal visa 

 

What does a visa refusal under section 221(g) mean? A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer, as is required under U.S. law, specifically section 291 of the INA.

 

Many of us have had this happen to us 

K1 denied and then getting married for the CR1 

it does take 18 to 24 months from time of application to interview and its heartbreaking but if u are set that this is the person for u,  go for the marriage

 

you'll love the dress(es) they bring for your celebration /mine were beautiful

allah yekbel 

[Reema1 1]

4 minutes ago, JeanneAdil said:

The embassy would report on the papers to USCIS "too  married for a K1"

this has happened over and over (as reported here in VJ ) for many African countries

did he get any 221g notice with any explanation?

This will not prevent you from marrying and applying for the spousal visa 

 

What does a visa refusal under section 221(g) mean? A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer, as is required under U.S. law, specifically section 291 of the INA.

 

Many of us have had this happen to us 

K1 denied and then getting married for the CR1 

it does take 18 to 24 months from time of application to interview and its heartbreaking but if u are set that this is the person for u,  go for the marriage

 

you'll love the dress(es) they bring for your celebration /mine were beautiful

allah yekbel 

No they did not give him any papers or anything. He sent a follow up email on the status after he dropped his passport and after few follow up emails they just replied to him that the petition is being sent back. They did not reference any sections or provided any information besides that the officer was not satisficed with the evidence. 

[powerpuff 5,907]

1 hour ago, Reema1 said:

We sent pictures of the engagement party with both of our families present

Bingo. This is the reason for the denial. Happens more often than you think. 
 

37 minutes ago, Reema1 said:

There were no marriage papers signed or anything. It is just an engagement party. Let's say that what you said was right and they thought we were married. Would not they have just said we found misrepresentation and you guys are married?

They don’t care about marriage papers part. The threshold isn’t like in trials where it has to be beyond any reasonable doubt. If they merely suspect it, it’s enough for them to deny it. It is what it is and no point of arguing about it with them. It’s just the rules of the game and they make the rules. There are countless stories like this all over VJ if you search.

 

To add, in some places couples might have a religious ceremony that isn’t enough for an actual registration of marriage in the eyes of the government (so there isn’t a marriage certificate and legally they’re single) but USCIS and DOS will recognize it as actual marriage and deny based on suspicion, especially if they see any family gathering and celebration pictures.

Edited October 8, 2021 by powerpuff

[Reema1 1]

6 minutes ago, powerpuff said:

Bingo. This is the reason for the denial. Happens more often than you think. 
 

They don’t care about marriage papers part. The threshold isn’t like in trials where it has to be beyond any reasonable doubt. If they merely suspect it, it’s enough for them to deny it. It is what it is and no point of arguing about it with them. It’s just the rules of the game and they make the rules. There are countless stories like this all over VJ if you search.

 

To add, in some places couples might have a religious ceremony that isn’t enough for an actual registration of marriage in the eyes of the government (so there isn’t a marriage certificate and legally they’re single) but USCIS and DOS will recognize it as actual marriage and deny based on suspicion, especially if they see any family gathering and celebration pictures.

I guess you make a point. Why do not they then slam people with misrepresentation if they think they are married? 

[Mike E 11,723]

 

I am sorry this happened to you.

 

1 hour ago, Reema1 said:

It was just a dinner celebration at a restaurant with cake and stuff. It is not that type of party you are referring to 

 

A party that had a cake. Had you asked us before the party if it was OK, you would have been given solid advice on how to conduct the party.

 

We had pics from three dinner parties for our engagement. And I explicitly, firmly, and even rudely, banished cakes, flowers, and champagne ... things associated with marriages  (whiskey though I permitted). Our K-1 was approved.

 

21 minutes ago, Reema1 said:

I guess you make a point. Why do not they then slam people with misrepresentation if they think they are married? 

https://en.wikipedia.org/wiki/Five_stages_of_grief#Stages_of_grief You are in stage 3, bargaining. That's ok. Work through it. You will get to stage 5, Acceptance, and understand that while this is a set back, it is also an opportunity.  You won't have to deal with adjustment of status, and if you wait 2 years before your spouse enters the USA, removal of conditions.

 

Moving forward, feel free to ask questions in the appropriate forum.

[Arsalan111 28]

Maybe they think you’re already married and applying for wrong category. 3 visits for three weeks all hint towards “too married”. For K1 too many visits doesn’t play a really good role as people usually suggests. Counselor officer do ask questions like if you have been together so many times why are you not married? Your case does looks like too married:

[powerpuff 5,907]

1 hour ago, Reema1 said:

I guess you make a point. Why do not they then slam people with misrepresentation if they think they are married? 

It isn’t enough for misrep. If, for example, someone did marry and then stated they weren’t married, were granted a K1 and down the line immigration found out, they would be in trouble. 

Edited October 8, 2021 by powerpuff

[Allaboutwaiting 2,500]

1 hour ago, Reema1 said:

I guess you make a point. Why do not they then slam people with misrepresentation if they think they are married? 

It is not considered misrepresentation but, as another member just mentioned, they see it as you applying for the wrong visa.

That's why the visa was not just refused but the petition was actually returned to the USCIS, as the CO considered it should have been rejected.

Edited October 8, 2021 by Allaboutwaiting

[JeanneAdil 6,203]

1 hour ago, Reema1 said:

I guess you make a point. Why do not they then slam people with misrepresentation if they think they are married? 

you don't want that to happen 

they can assume the USC doesn't realize the customs and norms in the other country

if u get slammed with misrepresentation ,   it would prompt a bar

 

Misrepresentation/Fraud: If you have obtained or attempted to obtain an immigration benefit by willfully presenting fraudulent documents or false information to an immigration officer or on an immigration application, you are inadmissible. The misrepresentation/fraud inadmissibility bar is a lifetime bar.

 

Come on,   gf,   we all understand the disappointment and frustration plus the added expense this will cause u

just go marry the guy if you're willing to go thru another 2 years waiting 

 

with no big age difference and same religion and marriage,  you'll be ok 

just keep your spirits up after applying by not waiting day after day to hear from immigration

do the paperwork,   send it in and talk to him /  /  the process is hard on many so forget immigration BS on daily basis and keep the romance alive

 

i applied 2009 for K1 and denied

i married 2010 and we finally got the visa in 2015

 

its hard on us but worth it in the end

 

adil is here,  got his citizenship and we're going on over 11 years married

elhamdo lellah

Edited October 8, 2021 by JeanneAdil

[Reema1 1]

1 hour ago, JeanneAdil said:

you don't want that to happen 

they can assume the USC doesn't realize the customs and norms in the other country

if u get slammed with misrepresentation ,   it would prompt a bar

 

Misrepresentation/Fraud: If you have obtained or attempted to obtain an immigration benefit by willfully presenting fraudulent documents or false information to an immigration officer or on an immigration application, you are inadmissible. The misrepresentation/fraud inadmissibility bar is a lifetime bar.

 

Come on,   gf,   we all understand the disappointment and frustration plus the added expense this will cause u

just go marry the guy if you're willing to go thru another 2 years waiting 

 

with no big age difference and same religion and marriage,  you'll be ok 

just keep your spirits up after applying by not waiting day after day to hear from immigration

do the paperwork,   send it in and talk to him /  /  the process is hard on many so forget immigration BS on daily basis and keep the romance alive

 

i applied 2009 for K1 and denied

i married 2010 and we finally got the visa in 2015

 

its hard on us but worth it in the end

 

adil is here,  got his citizenship and we're going on over 11 years married

elhamdo lellah

Thank you for the encouragement. I am glad everything worked out for you

[JeanneAdil 6,203]

4 minutes ago, Reema1 said:

Thank you for the encouragement. I am glad everything worked out for you

it will for u also

it is just harder for us going thru the high fraud countries

 

Ever need to talk if u get discouraged ,  send me a message here and i give u my cell for whatsapp or texts messages

[SalishSea 16,777]

4 hours ago, Reema1 said:

No we are of similar age, same religion. We sent pictures of the engagement party with both of our families present. That is why I do not understand their decision. 

Bingo.   There is your reason.   Engagement ceremonies are not common in the United States, and can be interpreted as a marriage.

[Reema1 1]

Just now, Jorgedig said:

Bingo.   There is your reason.   Engagement ceremonies are not common in the United States, and can be interpreted as a marriage.

You would think the officers understand the culture around them. 

[SalishSea 16,777]

Just now, Reema1 said:

You would think the officers understand the culture around them. 

I’m sure they do, but it’s not black and white.   And there has been fraud perpetrated where married people tried to do a fiancé visa to save time.

If you had come to VJ before doing that, we would have advised against it.   

 

 

[JeanneAdil 6,203]

15 minutes ago, Reema1 said:

You would think the officers understand the culture around them. 

they do and that is why it is listed as high fraud

 

BTW  -very important  do not make plans to travel there without the embassy appointment

 

the US embassy in Egypt says the following:

needed to marry 1st step is getting a paper notarized in US embassy

 

Please note a notary appointment is required for this service. Demand for notary services is higher than we can accommodate. Please don’t make travel arrangements or commit funds until you have booked your notary appointment.

 

https://eg.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage-in-egypt/https://eg.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage-in-egypt/