Denial during K-1 visa interview

[AneliaO 8]

My fiancé had his interview today but was denied the visa. Agent claimed the approved I-797 form expired in July. However, the embassy did not have any available appointments until August. I am unsure if there is anything more I can do…

[Crazy Cat 44,696]

Can you post a copy of the paperwork he received (redacting all personal info)?  Were there any other issues during the interview which indicated the officer had doubts about the relationship, etc?

It is a fact that approved I-129Fs expire after 4 months, but consulates can at their discretion (and usually do) extend them in 4 month increments up to a year. 

Edited 13 hours ago by Crazy Cat

[AneliaO 8]

There should not have been any doubts. My fiancé said the interview went well. He even took his passport. But when the interviewer looked at something on his computer. He gave my fiancé back his passport and gave him the document I attached. 

[Crazy Cat 44,696]

6 minutes ago, AneliaO said:

There should not have been any doubts. My fiancé said the interview went well. He even took his passport. But when the interviewer looked at something on his computer. He gave my fiancé back his passport and gave him the document I attached. 

OK.  Thanks.  It appears, to me, the consulate chose not to extend the I-129f.  I know of no remedy or appeal.  Others may offer a solution.

One option is to marry, then start the spousal visa process.

[OldUser 10,098]

This is yet another reason to choose spousal visa. The approval forms there don't expire unlike K-1.

 

It's possible the consulate denied the case on technicality because they didn't like it. Do you have age gap?

Edited 12 hours ago by OldUser

[Scandi 4,304]

What did the embassy say when you reached out to them to ask for an extension on the i-129f approval? Not all embassies do this automatically, you need to ask to have it done. 

 

[AneliaO 8]

There is an age gap of 18 years. My fiancé said the interviewer was kind but changed his demeanor once he reviewed something his computer. We didn't know we needed to ask for an extension. They do not communicate at all.

[Crazy Cat 44,696]

10 minutes ago, AneliaO said:

There is an age gap of 18 years. My fiancé said the interviewer was kind but changed his demeanor once he reviewed something his computer. We didn't know we needed to ask for an extension. They do not communicate at all.

Sounds like the consulate made a conscious decision to let it expire....which is their option.  Who is older?  Petitioner or beneficiary?

Edited 11 hours ago by Crazy Cat

[AneliaO 8]

7 minutes ago, Crazy Cat said:

Sounds like the consulate made a conscious decision to let it expire....which is their option.  Who is older?  Petitioner or beneficiary?

Petitioner

[RJandHamid 1,138]

It seems like they likely denied you based on other factors like the age gap. Obviously no one here can tell you for sure, but we can tell you that K-1 visas in Casablanca are commonly denied with no real explanation. The I-129F petition expiration is just what is going to happen when the petition is sent back, I don't think you were denied because it isn't valid. Unfortunately this scenario is pretty common and the best course of action now is to get married and file a spousal visa petition.

[AneliaO 8]

8 minutes ago, RJandHamid said:

It seems like they likely denied you based on other factors like the age gap. Obviously no one here can tell you for sure, but we can tell you that K-1 visas in Casablanca are commonly denied with no real explanation. The I-129F petition expiration is just what is going to happen when the petition is sent back, I don't think you were denied because it isn't valid. Unfortunately this scenario is pretty common and the best course of action now is to get married and file a spousal visa petition.

I reached out to my congressman and the State Department. Worst case, I will be in Morocco for 30 days getting married.

[SL2024 304]

When I had my K1 visa interview I took a signed statement of intent to marry each from me and my fiancee at the time (now my wife) to re validate and extend the petition.

 

As my interview was just over a month after petition expired and I didn't want to assume that it would be automatically extended (I was also advised that embassies don't always automatically extend petitions and to take the signed statements of intent to marry from us both as well). The officer re validated and extended the petition at the interview after I gave her these.

 

 

 

[SL2024 304]

1 hour ago, SL2024 said:

When I had my K1 visa interview I took a signed statement of intent to marry each from me and my fiancee at the time (now my wife) to re validate and extend the petition.

 

As my interview was just over a month after petition expired and I didn't want to assume that it would be automatically extended (I was also advised that embassies don't always automatically extend petitions and to take the signed statements of intent to marry from us both as well). The officer re validated and extended the petition at the interview after I gave her these.

 

 

 

 

Just wanted to add this but OP were there any other issues that were of concern to the Consular Officer? It sounds like there was more to this than just the NOA2 validity date.

[JeanneAdil 7,110]

 

2 hours ago, RJandHamid said:

It seems like they likely denied you based on other factors like the age gap. Obviously no one here can tell you for sure, but we can tell you that K-1 visas in Casablanca are commonly denied with no real explanation. The I-129F petition expiration is just what is going to happen when the petition is sent back, I don't think you were denied because it isn't valid. Unfortunately this scenario is pretty common and the best course of action now is to get married and file a spousal visa petition.

Unfortunately this is so true but the age gap of over 10 years would be the real reason

On the CO's computer he/she may have seen a remark from a superior that had previewed the petition and recommended the denial

OR

could have seen you spent little quality time together 

OR could have seen something on a media site 

 

In Moroc time spent together is so important

showing Morocan family -especially the mother- approves is important

 

Now you are faced with the issue to end or pursue a Moroccan marriage and CR1 visa 

the steps to marry in Moroc are outlined in the following site

https://ma.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage-in-morocco-2/

it requires quite a bit of travel inside moroc to marry

an appointment 1st at Casa embassy to get avidavit to marry (cost about $100)

then to translate all US documents (most expensive part of the process)

then to Rabat to Office of foreign minister

then to hometown to interview with police and judge 

and wait for permission to marry

took us 3 weeks