K1 denied at interview now under supervisor review

[carolynhotstuff 252]

My fiancé and I have a huge age difference. When he went to his interview the counselor officer asked how we met and the interview went downhill from there. The officer never asked any relationship questions he wanted to know how I was able to afford to spend 3 months in Pakistan. My fiancé told him and the officer said I don’t believe you. The officer questioned how I was getting so much money from social security and pension again he said I don’t believe you and my fiancé was denied on the spot. When he called and told me about the interview I immediately emailed and asked for a supervisor review and explained why. The request was granted but we have been in AP since March 2022. 
 

My question is if the supervisor denies our visa and we get married can I move to Pakistan and file a CR1 immediately since it’s taking so long for USCIS to process them or should I live with him a year or 2 first?

[Boiler 43,397]

You can file immediately but the longer you can delay the better.

[Daphne . 1,638]

The more time you can spend together, the better.
 

You need to overcome their suspicion of this not being a bonafide relationship. Move there, marry there, do whatever you can so you have a good amount of time spent together 24/7

 

How many times had you met before you filed, and how long have you been together? 

Edited July 18, 2022 by Daphne K

[carolynhotstuff 252]

We met the day I went to Pakistan for a 2 month visit with a friend. We spent almost every day together. After 6 months of talking online I went back to see him and stayed a month. We celebrate our 3rd year together in November. 
 

My sons are adults living on their own. I can easily move to Pakistan. I will accept the advice here and wait in Pakistan before filing a new petition. 

[carolynhotstuff 252]

Is it possible to file the I130 online from Pakistan?

[Crazy Cat 39,189]

2 hours ago, carolynhotstuff said:

My fiancé and I have a huge age difference. When he went to his interview the counselor officer asked how we met and the interview went downhill from there. The officer never asked any relationship questions he wanted to know how I was able to afford to spend 3 months in Pakistan. My fiancé told him and the officer said I don’t believe you. The officer questioned how I was getting so much money from social security and pension again he said I don’t believe you and my fiancé was denied on the spot. When he called and told me about the interview I immediately emailed and asked for a supervisor review and explained why. The request was granted but we have been in AP since March 2022. 
 

My question is if the supervisor denies our visa and we get married can I move to Pakistan and file a CR1 immediately since it’s taking so long for USCIS to process them or should I live with him a year or 2 first?

The ONLY cure for that denial is actually spending a great deal of time together.  Thus, the more time you have together at the time of the CR-1 interview, the better.  For multiple reasons, I would wait.

1 hour ago, carolynhotstuff said:

Is it possible to file the I130 online from Pakistan?

Yes.

Edited July 18, 2022 by Crazy Cat

[Crazy Cat 39,189]

2 hours ago, carolynhotstuff said:

My fiancé and I have a huge age difference.

What is the age difference?  Who is older? 

[Dashinka 23,206]

8 minutes ago, Crazy Cat said:

What is the age difference?  Who is older? 

Based on the OP, it appears they are living on SSA and pension, so I am assuming the USC is older.

[carolynhotstuff 252]

Yes I am older. I’m 62 and he is 24

[Daphne . 1,638]

24 minutes ago, carolynhotstuff said:

Yes I am older. I’m 62 and he is 24

Try to get a little more info from your fiancé about the specifics of the denial, did they tell him why they didn't believe him? As much specifics as possible, because that is the only key to overcoming this issue. Ask him to give you a very detailed run down of what was said. To me, the 2 questions (and answers) would not necessarily be the reason for the denial. I am trying to find out why they would care about how you get your money and how you were able to stay for a long period? But I am not familiar with that embassy.

 

I do think that the age difference plays a big role in this. 

[Rocio0010 5,560]

Wow! Have you ever watched 90 day fiancé? There’s a story very, very similar to yours. USC had grown up kids and everything. 
Have you considered telling your bf that you should live in Pakistan permanently?

[Family 3,463]

4 hours ago, carolynhotstuff said:

My question is if the supervisor denies our visa and we get married can I move to Pakistan and file a CR1 immediately since it’s taking so long for USCIS to process them or should I live with him a year or 2 first?

Safety First as the saying goes.

I will assume his life is deeply rooted and involves extended family…no matter how many “ like you “ as a “ rich American “ , there will be gossip/ill will and maybe even a dragon mother-in-law .

Age gap is huge , but usually not a big deal if man is older anywhere in the world. Pakistan is culturally unforgiving to many offenses , perceived or real. 

 

Maybe find a country less gender /hostile  or a paradise of anonymity , to such extreme out of the norm age gap and absolutely live together as a couple for 1 year. 

 Marry at the end of that year and then file I-130. 
 

 

[Family 3,463]

I believe I read your Fiancé’s posts as he was waiting for the interview, perhaps there is a way link that thread . 
 

[Crazy Cat 39,189]

 

28 minutes ago, Family said:

and absolutely live together as a couple for 1 year. 

Agree 100%.  You took the words from my mouth... That is the ONLY remedy for this denial, imho. 

Edited July 18, 2022 by Crazy Cat

[carmel34 3,529]

5 hours ago, carolynhotstuff said:

My fiancé and I have a huge age difference.

I agree with the other suggestions--spend more time together in person, get married, and then file for a spousal visa.  My husband and I have a big age difference (27 years), so we didn't even bother with a K-1.  Although I did not visit him for 3 months as you did, I was able to take multiple short trips to Brazil so that we could spend time together in person (four trips before getting married and filing an I-130 petition), and four more trips prior to his visa interview a year after filing the petition (side-loaded evidence of these trips at the NVC stage).  The other thing we did, and I suggest that you do as well, is that we co-mingled our finances as much as possible while living apart (joint IRS tax returns as married-jointly, evidence of health insurance, beneficiary on retirement accounts, bank accounts, shared credit card account, will, living will, power of attorney, etc.).  Some of this financial co-mingling evidence was sent with the I-130 petition, the rest was side-loaded at the NVC stage.  All trips were documented with original boarding passes, passport stamps, hotel receipts, and a few photos.  The more quality evidence you submit, the better your chances to overcome any doubts about your relationship because of the large age gap.  It may be a long road, but you should eventually be successful.  Good luck!

Edited July 18, 2022 by carmel34