K-1 Visa Denied

[polarbear 0]

And how does that work for every day life? The need to communicate in America?????

I'm talking about not speaking English at the interview in their native country. I'm not talking about everyday life! Once he/she comes to America, they can begin learning English. Thank you!

That is assuming the fiance speaks fluent Chinese/Mandarin/etc, so the couple themselves can communicate.

As long as the other can hold a conversation in the other language and you can prove it, it shouldn't be a problem.

My fiance does not speak english (maby tourist english at best) but we are both fluent in french, and met in france, so it shouldn't be a problem. He will learn english before finding a job :shrug: whatever it takes to be together since I can't return to france and work.

But they did tell us we would have to provide proof of comunicating in french (letters and emails).

[no name 1]

But they did tell us we would have to provide proof of comunicating in french (letters and emails).

[sarah and hicham 3]

The language issue is minor, and certainly the least compelling of the reasons for denial. The focus should really be on this affidavit she supposedly signed. Who had her sign it, and why?

Also, Engineer please fill in your timeline.

If they don't share a common language then it is a very big deal. If they both speak a language other than English then it shouldn't be a problem as long as there is evidence that they communicate in a common language.

[Jasman0717 9]

How did she go about signing this affidavit?

[desert_fox 32]

3. you have to speak a common language to get a visa

that is untrue entirely. you do not have to speak a common language. of course it is very helpful and dispells at least one possible red flag but not an out and out requirement.

it is true..

Ive read stories here where the USC must send in a video tape of speaking unscripted viertamese for 5 minutes to prove that they can comunicate.

If you dont speak a common language...forget it in Viet-Nam

what are you going to do??..point??

[journeyman 0]

2. you are married already and applying for a K1???...not possible

The OP should clarify, but it's my guess that if he made it to the interview stage that he meant to write "fiance." Or he meant to type K-3. Either way, his problem is the same.

3. you have to speak a common language to get a visa

Are you sure about this?

I know there are intrepreters available in a lot of embassies. You have to request for one. There's no guarantee that they'll provide one

[Fandango 1,440]

I remember one petitioner who cited 'yahoo smilies' as a means of communication

I believe she was denied.

If it's not a hard rule that if the couple does not speak a common lang, that there's no visa....well it should be.

[almaty 19]

3. you have to speak a common language to get a visa

that is untrue entirely. you do not have to speak a common language. of course it is very helpful and dispells at least one possible red flag but not an out and out requirement.

it is true..

Ive read stories here where the USC must send in a video tape of speaking unscripted viertamese for 5 minutes to prove that they can comunicate.

If you dont speak a common language...forget it in Viet-Nam

what are you going to do??..point??

i agree with senor fox..viet nam is an high fraud area..and tough to get a visa...if there is no common languiage that would be a major red flad

g..other consuls..this may not be an issue but viet nam it is

Edited September 26, 2007 by almaty

[L_n_O 3]

sorry.....

[Jakey-Matey 0]

Hello:

Our K1 Visa was denied at interview. The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US". They also state she speaks little or no English as a specific problem.

What is our best option now?

I am not to be rude and it is none of my business but, I would of thought that signing an affidavit saying that you are specifically wanting the K1 for Immigration benefits is just going to make the interviewer think "This is visa fraud, it isn't a bonafied relationship, the beneficiary just wants to use the country for these things which their country doesn't offer"

Although there is nothing that can be done about that part now (the affidavit part) I can only suggest as others have, getting an Immigration lawyer, not sure if you can get it appealed, but best of luck to you.

[Sinergy 3]

The language issue is minor, and certainly the least compelling of the reasons for denial. The focus should really be on this affidavit she supposedly signed. Who had her sign it, and why?

Also, Engineer please fill in your timeline.

not true, while my hubby was at his interview, 80% of ppl there for fiance visas, k3 visas and other visas were denied bc of lack of english. (yes english, NOT common language, but ENGLISH)

they will deny you if they feel there is no way of communication, and if theres no way of communication meaning you dont speak a common language, wheres the real part of the relationship. They look at being able to speak to eachother as pretty important part of the interview.

Edited September 26, 2007 by Ionescu

[sarah and hicham 3]

I remember one petitioner who cited 'yahoo smilies' as a means of communication

I believe she was denied.

If it's not a hard rule that if the couple does not speak a common lang, that there's no visa....well it should be.

I remember that couple too! And yes, they were denied. How can you get married to someone you can't communicate clearly with?

Edited September 26, 2007 by sarah and hicham

[athena_ny 1]

I don't even care about the English...

why would she sign an affadavit saying she intended to commit visa fraud? No wonder you were denied.

[bora bora 1]

I think that being able to have a working knowledge of English should be an important factor when being considered for a visa. If the person really wants to succeed in America, they really should make an effort to learn English before they get here. The thing that I think this pertains to is whether or not the petitioner and the beneficiary can have a relationship if they cannot speak the same language. As others have stated earlier though, the OP needs to give us some more information.

I completely disagree. My husband knew NO English when he was approved for the K1 visa. I lived in Brazil and speak fluent Portuguese - that is how we've always communicated. We spoke to the CO in Portuguese during the interview - unless he was directly questions at me, then we chatted in English.

My husband had NO desire to leave his hometown, let alone his country, and you have to pay for English classes....so that was not a priority for him. He should not be penalized because he fell in love with an American who later chose to live with him in the U.S.

Now he's working his hardest to learn English, and I'm proud of his success so far. It's not easy for everyone, but he studied, and now practices at work (and home) to improve it.

[athena_ny 1]

I think that being able to have a working knowledge of English should be an important factor when being considered for a visa. If the person really wants to succeed in America, they really should make an effort to learn English before they get here. The thing that I think this pertains to is whether or not the petitioner and the beneficiary can have a relationship if they cannot speak the same language. As others have stated earlier though, the OP needs to give us some more information.

I completely disagree. My husband knew NO English when he was approved for the K1 visa. I lived in Brazil and speak fluent Portuguese - that is how we've always communicated. We spoke to the CO in Portuguese during the interview - unless he was directly questions at me, then we chatted in English.

My husband had NO desire to leave his hometown, let alone his country, and you have to pay for English classes....so that was not a priority for him. He should not be penalized because he fell in love with an American who later chose to live with him in the U.S.

Now he's working his hardest to learn English, and I'm proud of his success so far. It's not easy for everyone, but he studied, and now practices at work (and home) to improve it.

My husband was an overstay, so not the exact same situation but when he came here in 2002 he spoke no English - his father brought him for a "visit" that turned into...more than a visit and he was forced to learn English. When I met him he spoke English, but I can muddle my way through speaking Spanish (I understand/read/write way better than I speak) to communicate if I had to. His English is 3x better now than when I met him - when we met there were times I had no idea what he was saying. So yeah, I don't agree you need to know English to come here - just that if you intend to live here it's a better idea to learn it when you get here as opposed to not learning.