strait2gateway

So, here it is, in black and white -- some of us have to jump through hoops to prove a bona-fide-relationship and even when we have enough evidence, we are denied because we do not "fit the norm" or are prejudged by the visa officers before we walk into the interview.

5 freaking minutes and the vo is deciding if you are really in love, if this is real and anything else in between and, if he/she is having a bloody awful day/month/year, then hold on to your seats folks because you are going for the ride of your life.

Vent over, getting off my soapbox :/

"Washington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) issued the following statement after reviewing Tashfeen Malik’s immigration file:

Chairman Goodlatte: “After reviewing Tashfeen Malik’s immigration file, it is clear that immigration officials did not thoroughly vet her application. In order to obtain a fiancée visa, it is required to demonstrate proof that the U.S. citizen and foreign national have met in person. However, Malik’s immigration file does not show sufficient evidence for this requirement. What is worse, the immigration official reviewing Malik’s application requested more evidence to ensure the two met in person but it was never provided and her visa was approved anyway.

“Visa security is critical to national security, and it’s unacceptable that U.S. Citizenship and Immigration Services did not fully vet Malik’s application and instead sloppily approved her visa. Since the Obama Administration refuses to take the steps necessary to fully vet visa applicants, the House Judiciary Committee is working on a bill to strengthen visa processing security and protect national security. We plan to introduce this bill soon so that we can better protect Americans and our country.”

Below are key findings from Malik’s immigration file.

• One of the many requirements to obtain a K-1 fiancée visa is to show proof that the U.S. citizen petitioner and foreign national have met in person. However, the immigration file contains only two pieces of information on this subject: (i) a statement by Syed Farook that he and Malik had been together in Saudi Arabia, and (ii) copies of pages from their passports, containing visas to enter Saudi Arabia and stamps in Arabic.

• The immigration official reviewing Malik’s visa application requested that the passport stamps be translated into English to confirm that they were in Saudi Arabia at the same time, but Malik’s immigration file does not contain an English translation of the passport stamps.

• At the request of House Judiciary Committee staff, a contractor with the Congressional Research Service (CRS) translated the passport stamps. Malik’s passport shows a Saudi Arabian entry stamp dated approximately June 4, 2013. Her exit stamp is partially illegible and the translator could not make out the month or day of her departure in 2013. Farook’s passport shows a Saudi Arabian entry stamp of October 1, 2013. The exit stamp was determined to be approximately October 20, 2013.

• However, even if Farook and Malik were in Saudi Arabia at the same time, this does not provide evidence that they met in person. Additionally, Malik’s Saudi Arabian visa was good for only 60 days, so this would cast doubt on the claim that the two were in Saudi Arabia at the same time. And even if Farook and Malik met in Saudi Arabia, there is insufficient evidence in the file for USCIS to have made that determination."

http://judiciary.house.gov/index.cfm/press-releases?id=53896CE9-9524-486B-B506-566C327E6073

Hello,

At the moment, my fiancee is helping me (virtually) in my small business (he is handling accounts receivable, bookkeeping etc.) and eventually I wanted to file the legal documents to add him as a partner. He has not gotten paid as of yet, as I do not want to create problems with taxes etc. nor raise any more flags during our CR-1 application journey.

Has anyone here been in the same situation where the applicant is partnering or working with the petitioner?

Any opinions on this -- will this create red flags somehow? It is just the two of us at the moment and we have expansion plans and a lot of ideas, personally I see this as a very positive thing, but not sure how all this will read to a visa officer.

I'd appreciate your thoughts and comments. Thank you.

If you're going to the New Delhi Embassy then you're allowed inside. Mumbai has a consulate, which you would not be allowed in, but you're allowed inside Embassies. However, it is possible they won't let you stand at the window with him during the interview (This happened to me). But your presence there is probably better than no presence at all.

If you have any questions about the interview process (We were K-1, but it's pretty similar) Just go to my profile page and timeline to find the review I wrote, it's pretty thorough about what to expect once you're inside.

Happy Thanksgiving,

Tom

Happy Thanksgiving Tom and thank you for the reply.

Perfect! I actually found the requirements for New Delhi: "Generally, you may not bring anyone else, other than a U.S. citizen or Legal Permanent Resident relative who has petitioned for you, to your interview...." attaching the .pdf in case someone else needs to read the details.

Heading over to your profile now. Thank you so much again!

NWD - New Delhi.pdf

hello

Well, i am not sure but from what i have heard, most of the time, they do not allow the spouse inside for interview,only the beneficiary is allowed . However at the same time you can always give it a try,if you are able to attend the interview together , it might work in your favour to show that your marriage is genuine.

In my case, he couldnt travel all the way from US to be with me for interview but luckily, managed to get the visa .With regards to your attire, i think it shouldnt be a problem saw lot of people in kurtas as well as in formal wear during the interview. goodluck

Thank you so much. I will be there no matter what and will do my best to at least get inside the building with him. I can sit and wait while he is being interviewed. Let us see what happens

Great to hear you got your visa!!! Congrats!!

Did you interview in ND?

a. Wife had interview at Mumbai and they did not allow me inside. Only the applicant with the Interview letter was allowed inside.

b. It did help swing the interview in our favor. Wife was asked some basic question and the jackpot question to her was "When did you last see your husband"? To which my wife responded: 15 mins. IO raised his eyebrow and infact told her that it was nice of me to come down just for her interview. This was the last question and she was approved. I am not saying that it will work in all cases but it did for us. I wanted to be there anyway so that my wife does not feel nervous being alone or with her dad. I wanted her to feel comfortable and decided to make the trip from CA to Mumbai for her interview.

We read here some place that they allow the petitioner in to the embassy in New Delhi, but not to the interview per se. So when he gets called, it is very possible, I won't be able to stay by his side. Let us see what happens, will keep you all posted. *fingers crossed*

If by some chance I am not allowed inside, he will bring my passport in with him and during the flow of the interview, will try to let the visa officer know that I am outside.

That is exactly why I am planning on attending the interview with him. We are in this together, hence I will be right by his side through this.

So glad to hear that everything worked out for you guys.

What is your question exactly? Are you asking if USCIS will look negatively towards the fact that the life ins policy has both your spouse and child as beneficiaries? If so then IMO the answer is no.

Yes Damara, that was my exact question. Working on bona-fide relationship documents and have run into the same issue most of us have, no SSN means I cannot add him to my bank accounts and utility bills! So, I wanted to make sure that I did not make a mistake on the insurance.

Hope this clarifies things and thank you for taking the time to reply (with kindness!)

Hello,

My life insurance policy has my young child and my fiance (equal division) -- is this a bad thing or? What mother would not include their young one, really!? I just can't get myself not keep her on it.

And what amount is too low? I got a 300K policy.

Any help would be appreciated! Thank you all.

I'm no expert going through this process learning as we go. Me and my husband hired a lawyer. I find there is a lot of great advice but also a lot of anxiety out there - I'm glad I have someone from a law firm I trust, recommended to me etc. I read up on the gov sites what we needed e.g. police certificates etc so I was never in need of someone to tell me what to assemble and when, i've just appreciated someone else putting the packages together telling me it's all there good to go etc...we also have an age- gap (he's the usc and he's 15 years older than me) but we chose to do the wedding in zimbabwe with all the red tape because i think you have to do it the thorough way so no one can fault you later. I too have been denied a tourist visa because i only applied for one after we got married and they said I don't have enough ties to my country of origin to be granted one. We got married almost one month after his divorce decree came out. He was separated for 2 years or more...

My advice if you can afford it get the lawyer to file. It also saves a bit of time at NVC stage but that's not that significant.

I personally feel more confident especially seeing stories here about people being stuck at different stages in the process for months more than other people - to me it's better to have someone have your back so you don't make mistakes than to wish you had someone once you're in a pickle.

Good luck!

My feelings exactly! Though it sure was super valuable to read some of the threads here as I have gained more insight and feel like we are more in charge of our destiny now, so to speak. Bouncing off ideas never hurt while in the planning stages either, that and moral support is totally needed during this anxiety filled time.

Please keep me posted on how things go for you two, message me if you like -- keeping fingers crossed for you both!

Thanks for asking but I'm kind of a dinosaur now. Ten years married and haven't kept up with details, details, details of visa filing.

That being said though, some things about immigration never change. One of those is proving the bonafides of a case to the CO at interview.

Your new plan of action should probably be to slow your wagon way down. Petulancy will get you nowhere in this scenario. My husband is from the UK and getting a visa from that country is a piece of cake. We did K1 and he breezed through the consulate, as most do. AOS was harder back then and I always felt our interview for that was way more grueling. Our AO in the Field Office didn't give two figs for communication between us. And our marriage license proved a legal union. But I'll never forget him going over our wedding photos and asking who the people were in them. He was looking for family members.

Get to know your man better. Meet his family. Get their blessing on your union. Get them in wedding photos. Then your age difference will be easier overcome.

Your fee today - zero dollars.

Dinosaur, you are not. I'd say you are more of a legend in our neck of the "visa" woods.

Anyhow, yes we are going to slow things down -- meeting his family, is not impossible, but getting their blessing will never happen! They have disowned his other sibling for marrying someone slightly lower cast, what do you think my chances are? Yeah...zero! No one can change this. They are very traditional, horoscope, cast, arranged marriages, the whole shebang.

Best we can do is include the people who love and understand us. Actually, I know him very well, I know all the family members (name, age, their stories) he is close to -- we talk about all that goes on in his family as things happen, often daily stuff. I know from all the marriages to illnesses in the family...

Awww, thank you! Sending you something better than dollars! My deep appreciation and good vibes

Just make sure you get an attorney. You don't get those by following 'anonymous quotes' in web forum signatures.

Thank you Rebecca Jo, I prefer an attorney I can have face to face meetings with

So, I have been reading about front loading, what documents to include and keep the excessive (and repetitive) documents for the interview stage, like not sending way too many chat print outs etc. -- will have the vitals (life insurance, plane tickets, boarding passes, receipts while traveling together) as the foundation then we will put in pictures, chat print outs, skype call logs, maybe a few notarized affidavits from his cousin, my best friend, my cousin and maybe his best friend...

Anything else I should include/exclude or focus on while front loading?

I agree your case has significant complexity and a number of red flags that tend to magnify each other. Professional assistance is certainly worth considering, if for no other reasons than the anonymous quote you'll see below in my signature.

Exactly my thoughts Pushbrk -- it can't hurt to consult with an attorney who is experienced with folks with complex visa issues.

In your opinion, which is the biggest red flag or maybe the few that you see right off the bat.

Thank you so much again!

Hello Mallafri76

Thank you so much for this -- absolutely makes sense.

The thing is, I am well aware of the traditions in India and understand them deeply (my parents are both from a very traditional background and I spent my first 12 years in a family loving, elder respecting Mediterranean country), hence yet another reason why my fiance and I feel connected. We simply get each other. We also get how other people, on the surface, may see us, but we simply do not want to be conformed by it nor controlled by it.

The reason we picked Thailand honestly is that we don't have to run into red tape/hassles/pressure in India during our marriage and picked it because he does not indeed need to jump through hoops to gain visa to Thailand - no other reason really. :/

Ok, it is apparent that we need a better course of action and talking it out here (is the reason I decided to post) really helps. Bouncing off ideas and having a better game plan is exactly what we wanted.

I have friends in India and I know that we can have a small ceremony there and a civil one there after. We can get pictures, invitations etc., however his family will not be a part of it. In your opinion, would this help reduce the red flag? To me, this whole show and tell is about a story we need to present in order to convince the VO of a fact no one can prove within 10 minutes let alone 10 hours. So, this means looking like everyone else, not sticking out...blending in. Having a few elderly sweet looking, happy folks standing next to us in a picture (during a traditional wedding) will prove that we are in fact determined to have a life together, that we love and get each other?

Yes, I know -- I am being petulant a bit. I am somewhat frustrated with the system, meh!

And btw, we can't be the only two where the family/es is/are not thrilled with the union!

Thank you so much again, this was a huge help!

You're getting married in Thailand during a holiday or does your fiance live there at the moment? India is a really tough embassy to go through and there are a lot of people on here who have been denied visas because they didn't follow the traditions of the country they had the interview in.

India is big on family and usually have big wedding ceremonies and huge traditions leading up to the wedding ceremony. You "eloping" and getting married in Thailand, no traditional wedding and his family not supporting you will be a big thing if he interviews at the embassy in New Dehli.

Since you guys haven't even gotten married yet, you still have time for fine tuning. The interview is always held in the country where the person lives, given he's lived there for six months, I think. But it can't be on a tourist visa, he has to be allowed to live and work/study in that country. You might have better luck if your fiance lived and worked/studied in another country, rather than India, if this is an option for you?!

IMO, there's no point for you to get a lawyer, a lawyer can't change the red flags the New Delhi embassy will probably see in your petition. And yes, DEFINITELY front load, front load, front load your petition.

Good luck on your visa journey and congratulations on your upcoming wedding.

Visa type: CR1 (to be applied)
Consulate: New Delhi
Visa issued (if applicable)? n/a
Second interview? n/a
AP?
221 g issued? n/a
Gender of beneficiary: Male
Religious difference? Yes
Religious background of beneficiary: On paper only. He is Hindu (not practicing - he is more of an atheist) and I am more of a Buddhist.
Age Difference? Female petitioner 20 years older (yeah, you read that correctly)
Method of meeting (online, in person, etc): Online via a fitness app (and ahem, I contacted him, not the other way around!)
Engagement Ceremony? No
Traditional (Indian) Wedding Ceremony: Civil + family/friend ceremony in the States at a later
Has beneficiary ever been to the US? No (his tourist visa was denied twice)
Does beneficiary have relatives in the US? No
Family approval? Beneficiary - Indian/no, but from the Petitioner/yes
Co-Sponsor required? No
How much time has petitioner spent with beneficiary in person? Petitioner three trips totaling 110 days

Additional:
Has the petitioner or beneficiary ever been married? Petitioner/Yes Beneficiary/No
Did the petitioner attend the interview: Yes I will when we get our interview date

Help needed. please someone tell me....

Anyone else in our shoes? Indian beneficiaries with families that do not approve or are adjusting to the news? The honest truth is, both sides will need some adjusting time and we do not want to sugar coat things and say that everyone is "happy" and agreeable about this. Help

A few more questions.

Anyone with lawyer stories, pros and cons?

Anything extra we should do to front load our case? Anything we need to watch out for?

Thank you so much all.

Hello all,

We will be going through the New Delhi embassy for our CR1 next year and I will be traveling from the East Coast to New Delhi prior to my husband's (to be) interview -- our questions are:

a. Will I be allowed to enter the Embassy? My fiance told me that they only allow people with appointment letters and I gather that only his name will be on such a letter? Any of you petitioners traveled to be with your husbands/wives and were allowed in or turned away at the main gate?

b. Will it help that I travel from the States to New Delhi and be present on his interview? what if I am not allowed into the Embassy...what then? :'(

c. Lastly, this may be silly to ask, but when in India I only wear kurta, dupatta and pants (skinny jeans or salwar), is this an acceptable getup?

Thanks bunches!

I think it will be hard not so much the age difference, but the fact that you are the woman and you being older. AND that his family do not support it, isn't family a big think in India?

When you guys are marriage they seem to not look at the fact that he was denied the tourist visa.

Why can't you guys not get them to take a pic of you when you just are married?

You may want to ask all this in the India forum ...

Yeah, us women, being older is not socially excepted in many parts of the world! I am told I look 10-15 years younger so hopefully that will help some.

We will take pictures when we get married for sure, but we will be in Thailand, so not the traditional family, in laws etc. -- to be honest, neither of us like big todos, we love our peace and quiet and neither one of us want to put our hard earned funds into a one (or three) day ceremony that will comfort or please others. We have plans for the future and are saving up, so even if we could, we would not opt for a traditional wedding.

Ok, will do, thank you so much!

Hello everyone,

First post here, hopefully I am posting at the correct forum, if not apologies in advance.

My fiance is Indian and I'm an American -- we are planning on getting married shortly and then applying for CR1. We are going to opt for a civil ceremony in Thailand, just the two of us and honeymoon right after we get married.

Ok, here comes the possible complications, I was married before (a 20 year marriage) and recently got divorced (after a state mandated 12 month separation). I have a young kid and I am much older than my fiance, I am 45 and he is 26. We met online, on a fitness app after I requested to be his friend. I was the first one to message him and we started to chat and have had some fierce online races (we are both fitness freaks) of who would work out the most. That was 14-15 months ago and our relationship has evolved into something amazing and extremely rare. I have been to India and spent nearly 2 months on each visit. He tried to come for a visit but his tourist visa was denied twice, sigh! Anyhow, we have spoken in depth about our future -- we are in love and want to be together. We are ready to face some family resistance from both ends, his will be much much harsher I suspect (my poor man!).

So here is what we have on our side, love, some family/friend support, tons of pictures together, daily Skype call logs (which by luck I was able to request), facetime logs etc., daily text/voice messages that would amount to several novels (from good mornings to good nights and anything in between), his name on my life insurance, joint bank account and his own credit cards. We won't have wedding pictures nor an engagement party (or pics), but were planning on having a ceremony with friends in USA and my family later on. We each have very supportive friends and they have been included in our journey from beginning to end. My brother, my child, cousins and Mother know and are supportive as well. When the time comes, I will travel from the East Coast to New Delhi to accompany my then husband during his CR1 interview.

What we do not have is, family support from his side, no traditional Indian wedding, engagement party or pics, and also his US tourist visa interview logs...he was asked if i was his girlfriend, which he (slightly stumped/nervous) replied "no she is not" to since i was still legally married (but separated) at the time.

My long over due question is:

a. will the fact that his family doesn't know that we are in a relationship and will not support him through this affect us severely?

b. will the visa officer pull his tourist visa logs and be like, "ummm, you said she was not your girlfriend back in February of 2015!"?

c. yup, the age difference, will it be a huge red flag?
d. there will be a 4+/- month (19+/- month separated) gap between my divorce and our marriage. will the fact that i am recently divorced (though i had to be on a mandatory 12 month separation) raise a flag?

d. if a case is complex, will it help to have a lawyer handling it? or should we just consult, get our ducks in a row and then file things ourselves? i can't help to think that a visa officer may feel it is serious, that we are serious about this, if a lawyer is involved. tell me if i am seeing things wrong please.

So I was thinking that our case may have enough complexity that we should consult with an immigration attorney here in the States. and maybe have him/her file the paperwork for us too. I would then travel to New Delhi when he gets his interview date.

Any thoughts, tips, suggestions, we are open to all! Thank you so much for all the help!

Best wishes everyone -- may the visa fairy be good to us all!