Lowens8

It doesn't matter what the expiration date on your petition is. Most people you talk on the phone to

have no idea what happens to the petition. No matter what the expiration date is, USCIS will allow the case to expire

so that it will be administratively closed as K1's are never ever reviewed anymore due to a law suit years ago.

All you need is the pouch number it was returned in to be sure it was returned. That's it. If you aren't granted a second

interview then stop chasing the K1 and move forward.

The decision to grant a 2. interview will be made at the embassy (if requested by a senator) not NVC and not

USCIS. I know it is hard to let go of "what i'fs" on the K1 but it is dead on arrival.

Take a deep breath, let it go and have fun planning your wedding.

Yes the what-ifs are stressing me out haha! I really appreciate all the help

The wedding will be a whole nother level of stress, Russian law is to wait 32 days for an appointment to get married and tourist visas only last 30 days so I'll have to try and get a business visa. Also, do you have any advice on what type of evidence/proof we'll need for the marriage (besides the marriage license obviously). It would be only me and him so there's not going to be a huge party or anything (I hate being center of attention). I plan to add him to my life insurance policy but I'm not sure how openning a bank account and having him on utilities would work since he's not in the US. I guess while we're there I could open a Russian bank account.

I think you should wait getting married until you for sure know the reason for the denial so you won't end up with a denied CR-1 too.

Thank you Georgia! Either way we'll get married lol, just a matter of when I guess.

NVC and USCIS still do not have the case. I asked USCIS what the expiration date on our petition is and the lady told me there is no expiration. I'm so confused lol...I have a couple months window that I can go to Russia so we can get married but if there's a chance we can still get the K1 overturned then we don't want to jump the gun with the marriage.

We have a 30 day waiting period to get married in Russia once there. We decided I would come a few months at a time during the CR-1 process so the plan is to go in October but I'd need to be back by December.

Any input is greatly appreciated!

Usually, you have to be in the country legally residing (ie not a tourist visa) for 6 months.

Aww man, I'll only be there for about 3 months. Thank you!

Is there a certain amount of time you have to be in Russia to file as DCF?

Me and my fiancé (he is from Kosovo) have a strong case we knew each other for 5 years, we provided 2 years worth of call logs, 5 years worth or travel documents, 30 photos (including pictures with his family). We were so excited to finally start our life together.

He had his interview at Skopje Embassy in Macedonia on Tuesday (8/9) it lasted maybe 5 minutes. They didn’t look at any of our paperwork and said to my fiancée “I’m not convinced this is a real relationship.” They gave him a 221(g) refusal. They did not request for any more evidence to show our relationship is bona fide.

My immigration attorney who has been supporting us throughout this process contacted the Consulate less than 24 hours after the interview requesting to reconsider the case and stated that we can provide more evidence. They politely brushed him off and said they are sending it back to the USCIS. Did not even acknowledge the additional evidence to support our bona fide relationship. The lawyer was shocked.

We really have a strong case and true loving relationship. Me, my fiancé, and my lawyer do not understand this denial.

I contacted my US Senator explaining the situation and requested support to review the case further (still waiting for a response). My lawyer and I are also planning on submitting a Freedom of Information Act Request.

My questions are:

1.Has anyone encountered this before? It does not make any sense.

2. Are there other ways to figure out why we were denied the visa?

3.What should I do next?

Any help or guidance is appreciated. This process has been beyond heartbreaking for us.

My fiance and I are going through something similar. The CO didn't look at any evidence he brought of our relationship but then requested it through email the day after the interview. We went into AP from 7 weeks and were then denied. The Moscow Embassy says they've sent our case back to USCIS however NVC and USCIS both say they haven't received anything. The only thing we have to go off of is the letter he received when they sent his passport back stating "contains inaccurate information." My Congressman's office said they would ask for the denial reason and the only thing they got back was the same explantion given in the letter to my fiance (so still no clarification). The senator's office stated they can't help us since the Congressman's office is "helping" us already. We feel completely overwhelmed because we can't get a clarification on why we were denied. We will be sending in an FOIA and from advice given through VJ it sounds like we'll have to do a CR-1 and hope we get approved since we don't know the initial reason we were denied.

I would be very surprised if you would get a reason from anyone.

The CO should have issued a 221g letter with the reason clearly stated but since they have discretionary powers to do what they want to

he did not receive that. I hope the senator can get another appointment to at least pick it up.

You can

1. File a FOIA to find out the reason,which takes a long time.

2. Marry, file a CR1, wait for RFE or NOID/NOIR and respond with rebuttal.

3. Hire a lawyer which will be wasted money and still may not get you an answer.

My option would be 1. and 2. both at the same time and see if the FOIA or NOID/NOIR (if any) will come first.

The FOIA would be requested to DHS right? (I don't see USCIS as an option)

Very true. I see how it could help in case if CO had some doubts about relationship but then there would be no reason for a few months in AP. Marrying and re-applying right away isn't the greatest idea unless you want to be most likely denied again. OP's next step should be figuring out the reason for denial before starting any other petition.

- Victor from Russia

Op states that the congressman is working on finding out the reason for refusal. Often the embassy will not be forthcoming with the reason. Uscis will not send a letter with the reason either.

We definitely want to find out the denial reason first but how do we do this if the Embassy won't tell us and USCIS won't tell us? My congressman's office got the same response my fiance got (maybe the senator's office will have better luck but I doubt it). At what point should I put a request in to the USCIS Ombudsman (not sure if i spelled that correct)?

Have the senator's aid request the diplomatic pouch number it was returned with.

Sometimes they just say it has been returned and it is still sitting at the embassy so if they can not give you a pouch

number then it likely has not left the embassy yet.

You need a more assertive senator's aid.

Returned cases can fall into the big black hole for many months with nobody claiming they have the case.

A pouch number will at least confirm that it was returned.

You just have to file again.

I haven't heard anything from the Senator's office yet (when I submitted the paper for them to get information on my behalf they said it would take a week for them to send anything). My congressman's office seems to move a bit faster so I'll see if they can send another inquiry for the tracking number.

USCIS said I have to call the embassy and have them resend it but like you said I think no one is claiming it.

Thank you!

The congressman's office bascially got the same response we got and the letter they received stated the petition was already sent back. I've been calling NVC and they say it's still in Moscow so I have no idea where it actually is.

Isn't a CR1 a direct consular file for a spoise visa? If so this poster is absolutely wrong, and that's the tale-it-with-a-grain-of-salt aspect of asking opinions of anpnymous internet users. I don't recall the exact dates but I applied at the US consulate in Russia gor a spousal visa for my wife in 2008, and it definitely took under a year, something like 6 months or less. We applied in late Spring and got the visa in mid summer, as I recall.

Good luck!!

RE- moving to and marrying in Russia, see the excellent forums at ex pat dot ru for info and advice. The new rules on business and tourist visas are you can ctay up to 180 days but then must leave for at least 90 days. I imagine this was done to halt the abuse of these visas for immigration and work purposes. So given the amount of time needed for marrying and the US spousal visa, and to avoid the high costs of visa runs, yes, you should apply for a work visa to work at a company, and working at an EFL school is probably the easiest option. Moscow will pay better but St. Pete has plenty of ESL schools too. Nonessentials in Russia are quite expensive (expenses other than food, rent, utilities, public transport), so be prepared for your USD 10K to burn up quicker than you think. And if you become a true russophile, and you like your company, wirk visas can be renewed once without having to leave the country )

Good luck!!

Thank you for all the information!

OP, before you move and marry, you'd better find out the reasons for the K-1 refusal and correct those first.

For sure

If you end up in Russia for an extended period, you may have difficulties with I-864 unless you have a co-sponsor. Anyway, just something to keep in mind. I wish you the best of luck!

Yeah I was thinking of that too. I'm going to have to see how long of a leave I can take from my job or if they have some type of sabbatical kind of thing (I was going to start a new career path once he approved anyways so I'm not too attached to my current job but the benefits are really good). Worst case scenario, I can have my parents sponsor us when we return.

What you are planning on doing is something that I am researching as a possible path for my boyfriend and I. We want to be together, either in USA or in Russia. His parents live in Crimea.... so we don't know if that is even possible place for us to live. In the mean time I am working and trying to save up 10k before I am to "live" there for a short amount of time, USA money goes a really long way in a small village like my boyfriend's. For a month I can rent a really nice hotel room looking at the black sea for about less than 400 usd. We have a few people that can sponsor him, if needed.

If you get married in Russia (please correct me if I am wrong) you need to go to FMS(I think it is called Zags) apply for marriage, Documents need to be trans into Russia, unsure if you need an apsial(SP, I forgot how it is spell ><) wait a month for your date and get married. I am unsure if you can get married over there as a tourist visa, but I know you can on a private, I am wondering if it is because of the length of time from applying to get married to being married in Russia.(Multi gives you 6 months) You might be able to on a tourist and later return, after the 6 months are up on that entry and come back as a tourist again and wait with him.

I think your best bet is the private stay visa and after being in the country for 6 months apply for the spouse visa at the USA Embassy. I don't know if you need to be a tempo or perm resident for this or you can be living in Russia on a 6 month private visa come back and renew the time spent with a small gap. Worst case you might be able to do the overseas fiing.

Btw I do not know the timelines for most of these. In order to get the tempo resident permit in Russia, it takes about 6 months as well. You need a medical(I heard that this is only good for 3 months and can cost about 200 USD or more), FBI background check(Good for 3 months, done at the Embassy), and passing the Russian Language History and Law test(Good for 5 years and costs about 5300 Rubles depending on the School you take it at.) And I think you need to know the basic rules of the Russian Language.

Note: If my information is wrong, please correct me and please give links. Its been a few weeks since I looked up this information, and have been busy with a new job and studying Russia.

I was reading about the Zags thing too. I'll definitely need to do more research because it said something like it has to be done in his hometown but we would be living in St P which is quite a ways from Astrakhan.

If I sold my house I wouldn't need to work while living there but at the same time I'd love to teach English (working on my TEFL certificate now). A company I usually have exchange students through in the summer has an office there so I'm hoping if I teach with them I could transfer back to the US with a job so I wouldn't need a co-sponsor.

Thank you! I would be staying in Russia until he's approved so I wonder if there's a visa I can get that lasts longer than 6 months. Maybe just a work visa, or maybe there's a similar spouse visa that my fiancé can apply for once we get married.

Thank you everyone for your help! Since it looks like the K1 is a no-go I guess I'll be moving to Russia for awhile. (Now I have to figure out what kind of Russian visa I need)

In the another thread OP stated that during the AP consulate requested "more chat logs between us". I'm wondering if this has to do something with denial. If the problem would be in medical, criminal records or anything like this I don't see why consulate would ask for chat logs to look at. May be there're some contradictions between some documents/logs provided to consulate or something in the answers during interview what made CO want to see more communication between petitioner and beneficiary and then some red flag was raised?

- Victor from Russia

All we ever talk about in chat logs is our future and recently how stressful this process is. Anything serious we always talk about via video chat so there's no miscommunication.

I'm probably asking a stupid question but did he ever admit to smoking pot? Or caught smoking pot?

Nope, and he passed his medical.

OUCH!!! Always a possibility of a clerical error but not likely. It sounds like the CO saw a possible case of misrepresentation, for example, something in documentation does not align with statements made during interview. So sorry to hear this.

So strange! Hopefully USCIS gets it soon so we can find out the exact reason.

They are saying there is inaccurate information in the petition (I-129F).

Take a look at a sample online and rad through the questions. Could any of them been answered incorrectly in error? I have to admit, you do need to read some questions a few times to see what they are saying because they are worded awkwardly. I remember one question on it and not being sure if it was the beneficiary or the petitioner that was supposed to answer.

Has either of you been married before? Have you petitioned someone before? Has someone petitioned him before?

He has been married before to a Russian citzen a while ago and we sent the divorce document and translation. This is both of our first time with a K1.

When the USCIS gets the petition back is there still a chance of being approved after they review it again?

Today he got his passport and a letter back. It says:

Section 221(g) of the INA prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible. Based on indications that petition WAC###, MOS### contains inaccurate infomation, we are returning it to the USCIS of the DHS for review and possible revocation. Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further detail.

Is it possible this can be a clerical error? Nothing has changed for either of us from the approval of the WAC case and when the MOS case was created.

Tell your lawyer that K1's are not reviewed when returned. Only CR/IR's will get reviewed.

A returned K1 will be purposely expired by USCIS. Your case was returned to USCIS and all returned K1's go through

and via NVC before being received by USCIS.

Your only option is the senator requesting another interview and knowing and correcting the reason for visa refusal.

If this does not happen a.s.a.p then it will be too late and you have to start over.

Ok thank you! My Congressman's office is requesting a second interview but said if the case has already left the embassy then there's nothing they can do but I will also contact the senator's office today.

That depends on the consulate and how assertive the senator's aid is in getting answers.

Was he given a 221g sheet with anything written on it or any box marked or the blanket statement

'for immigration benefits only' or 'not bona fide' ?

He should have received a 221g statement. Ask him.

CR1 takes about a year.

He hasn't received anything yet. Today he contacted a lawyer and was told that it's common for the case to be sent back to NVC for review and that the NVC can send back to the embassy for another interview. So we're hoping the NVC gets the case back as fast as when they sent it (it only took 2 days when NVC sent it after NOA2) so we can get the denial reason and start planning the next steps in our future.

I think the toughest thing about denials is the wait for the reason. The reason for the denial is the most important information for the applicants but they are left speculating while waiting.

Do you know how long it takes to get the reason?

My sincerest sympathy goes out to you, I'm so sorry and I can't imagine the heart break and frustration you're feeling. I'll have you in my thoughts and prayers, please keep us updated what happens, why they denied you guys and your plans for moving forward.

Thank you and will do

The CR-1 takes about a year on average.

OH WOW