chilton747

My NOA1 was July 27. Still no touch or P2.

My K1 was denied on August 28, 2006. Still no word. GUZ still has the petition. I have no idea why they are holding it there so long.

Thanks Tom and Lisaf. The first question in the interview was "is your exhusband in the USA?" My fiancee answered that he was in China and has always been. The next question was "why did we not get married in China?" She answered that I was recently divorced and we wished to do the K1. Actually we never expected these questions. They only looked at our pictures (we had 74) and refused to see anything else. The officer asked her how many times I had come to China. My fiancee told him 2 times and gave the dates. She wanted to give him the boarding passes but he refused to see them. The officer asked her about my job. She told him that I worked in printing and I also was a musician. The officer did not understand the muscian part. She tried to show him a picture of me playing and my tax forms were with her. But still, he refused to look at the evidence. She said his chinese speaking was very poor. My fiancee speaks little english but she understands writing. She had in her possesion 400-500 chats and emails but he did not want to see them. Obviously he had his mind made up before the interview. And yes I am in the process of selecting an attorney at this time. It is my mission to get this K1 mess legally cleared up before pursuing the K3.

Ok, its finally time that i file the K-1 package for the love of my life that lives in india.

I have a few questions though about supporting evidence about an existing relationship

We talk on the phone every single say since i met her in december 2005, only thing is though is that i used calling cards to call her. She has no internet access, and we havent sent any cards or anything to each other. How can i show the USCIS that we are constantly in touch with each other if the only method of communication i use with her is scratch off calling cards? I do dial the 1-800 number from my cell phone, and those records are available, do you think that will be substantial.

also another question i have is that i am planning on filing on oct 1, 2006. I will be going to see her in india from november 22, 2006 and will be returning on jan 16, 2006 (2 whole months YAY!!) Will it be a problem with my k-1 filing process if i am over in india 2 months into the filing process? (meaning will i need to be here in america getting other documents signed and notarized like the i-134 etc.) and also should i send my airline iteniary in with my original k-1 packet showing that i will be going to see her again in a few months?

Please help and thanks in advance about your comments.

You give to them all you can give, do all things that have documented records available, don't take any shortcuts if humanly possible, then you have done your all. After all, love is the motivating factor.

It is like going through a death. after all the planing and waiting........

I guess she has tell Nov 20 . to change mind . Everything is allready in place...Sigh

It's better to know now instead of later. Hang on, time will tell the real story as it always does.

I can't help you with your situation, but I found this:

9 FAM 41.81 N6.5 Marriage Bona Fides

(CT:VISA-756; 07-27-2005)

a. If a consular officer finds that the fiance(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, post should return the K-1 or K-3 petition with a recommendation for revocation to the national visa center (NVC) under cover of a memorandum detailing the specific, objective facts giving rise to the posts conclusion.

b. All Immigrant and K-1/K-3 Visa revocation cases are to be returned to the following address:

National Visa Center 32 Rochester Ave. Portsmouth, NH 03801 Attn: Fraud Prevention Manager

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

So now at least you know where the case is going.

Thank youuuuuuuuuuu!!!!!!!! At least I will be able to find out on what they based their decision. Thank youuuuuuuuu

My congressman helped me a lot. He got my case through the "black hole" with the USCIS. By all means, write!!!!!!!!!!! It definitely can't hurt.

Hey Chilton,

My fiance Bala, and I also are going thru the exact same thing you are. Our petition was sent back to the states in July after Bala had his second interview. The reason was same as yours and we also had lots of proofs of which they were not interested in seeing.

All I can tell you is that I contacted a lawyer, and we are expecting to recive a NOID (Notice of Intent to Deny ) letter which I have heard can take anywhere from a few months to even a year or longer. So I would suggest contacting an attorney for at least some advice on how to proceed. I do know of one other petitioner who didnt reply to her NOID letter, instead she opted to marry and now they are in a mess of trouble.

Apparently the way I understand it, is that if you dont respond to the NOID letter then they will deny you and it can be seen as fraud, which we all know is not good.

You are welcome to PM me and I can give you some more information that I have received on this situation.

Best of luck to you and yours!!!

Vicki/bala

I'll do just that....I like your signature

My fiance was interviewed in April 2006 and given a 221g for further investigation. Since then I have not received any notice from Vermont. I was told by my Congressman it could take years before getting reviewed. I want to go and marry him, will this cause a problem if our k1 has still not been reviewed?

I am in the same boat and wanting the same advice. My fiancee was given the denial with the recommendation to revoke. I don't want to wait either. I want to marry her soon as we want a child. I am hoping that others on VJ know the best way to do this.

Try posting here in this forum too. There are some super knowledgeable people there.

http://www.visajourney.com/forums/index.php?showforum=113

Thanksssssssssssssss

You don't have your timeline set up. At what stage in the process did the denial come? Was it post interview?

Very sorry regardless, but it would be helpful to know at what point in the process your fiance visa was denied.

Yes I do not have a timeline as of yet. I just joined. The denial came at the interview on August 28, 2006. I has initially started the K1 process in April, 2005. I will get my timeline on soon. Thanks for asking. I need all the help I can get as my fiancee and I will marry soon. We are wanting a child very much as she is 38 and doesn't have much time left for us to have a child. Can't wait on the US gvt.

What was the reason for the denial? We really need more info if you expect some help....

The paper that was given to her said that according to INA 5(A), we do not have a bona-fide relationship. This couldn't be further from the truth. She had tons of evidence with her but they did not want to see it.

I also know that just having 5(A) on the paper is incomplete. but this is what it said.

You don't have your timeline set up. At what stage in the process did the denial come? Was it post interview?

Very sorry regardless, but it would be helpful to know at what point in the process your fiance visa was denied.

Yes I do not have a timeline as of yet. I just joined. The denial came at the interview on August 28, 2006. I has initially started the K1 process in April, 2005. I will get my timeline on soon. Thanks for asking. I need all the help I can get as my fiancee and I will marry soon. We are wanting a child very much as she is 38 and doesn't have much time left for us to have a child. Can't wait on the US gvt.

Explain 'white slipped'.

She got an outright denial and GUZ said they were sending the petition back to the US and they are recommending revocation.

My fiancee got white slipped in August. Has anyone had this experience? Has anyone cancelled their K1 and got married and then filed a K3? Your help would be greatly appreciated.