k1filer

My fiancée was interviewed in New Delhi on March 8th. She got a 221(G), a regular feature in New Delhi. They asked for some additional documents along with relationship evidence which we had already submitted. We submitted all the docs on March 18th. My relationship evidence was substantial, 3 visits over last 18 months, daily telephone logs, pictures of our engagement ceremony, e-mails. As part of additional docs, they wanted a letter from me, my fiancée and her parents about the relationship. We submitted it all.
Based on my research, New Delhi rarely issues a K1 once they give a 221(G) but at the same time I was perplexed as to what we were missing. Multiple visits, phone logs, pictures, formal engagement, parental consent, same ethnicity, same religion. Only red flag was that it is going to be 2nd marriage for both of us, I am a divorcee and she is a widow with a kid, but these facts were known to USCIS while approving the petition, and state department manual says that visa should only be denied if anything new is discovered during the interview and officers should not try to re-adjudicate the petition. At the same time given the consular discretion, anything and everything is possible, and anything and everything do happen at embassies and consulates.
After a week I submitted the evidence, I landed in New Delhi on April 1st,and around the same time I also sent an e-mail requesting status update on my case. In my mind, i was already thinking of getting married, because based on experience of other folks on visa-journey, hopes of getting K1 approved was slim. I visited American Citizen Services in New Delhi embassy to get a "No Objection Certificate", a prerequisite to register your marriage in India. Even though my intent was to get NOC, but somehow I was hoping to get a chance to talk to any consular officer and find out what the heck was missing.
Even though American Citizen Services Section and Visa Section are based in same premises, they deal with different matters. I visited embassy on April 5th. My first lucky break was a great lady in ACS section, who gave me a patient hearing. She jotted down all the case details and said she will find out. She disappeared and after approximately 5 minutes she came back and told me that everything is in order and I should hear something within a week.
Even though she didn't give e any positive news, the very helpful nature of the lady made her look like an angel to me. I only hoped that consular officer is as kind as her.
On the same evening when I opened my e-mail, I was shocked there was an e-mail sent around 10 AM in the morning, about an hour before my above-said encounter at ACS, stating that consular officer was not convinced about the relationship and my case was sent back to NVC on March 28th. I was angry, sad, and all the depressing adjectives you can think of. I couldn't understand, how come ACS lady told me that every thing was in order when according to this e-mail my case has already been sent back.
Around 7 pm India time ; 9:30 East Coast, I called my senator's office and talked to his Immigration rep, I had already communicated with her in past when my petition was taking 2 much time at USCIS. I explained her the entire situation and the evidence I have submitted in regards to the visa petition. She also expressed her surprise and anger with New Delhi embassy. She asked me to send her an e-mail itemizing every evidence and she promised to enquire with New Delhi as to what else is required. I guess my presence in New Delhi at the same time also helped. Basically I was with my fiancee when I am being accused off concocting a sham relationship.
Anyway 10 days pass, I hear nothing but during all this, the passport was never returned back. I was supposed to fly back on 17th April. On April 13th, I sent an e-mail to New Delhi embassy , asking them to at-least return the passport. I mean, if you have returned the case back to NVC, why are you sitting with passport.
Lord Behold, 2 days later (April 15th) I check on VFS site and see that embassy has returned back the passport to VFS and VFS has handed passport to Blue Dart, the courier company, for delivery. I was like, this is the fastest response, i have ever got from New Delhi embassy. Good some body actually reads the e-mails.
On 16th, the courier company calls my fiancée and lets her know that she had given wrong PIN Code/zip code in her address and they ended up sending the passport to the wrong location, so it won't get delivered today. We were so depressed anyway, we said whatever, just return it back when you can.
On 17th, with teary eyes I bid farewell to my fiancée, all our dreams of starting a new life this year were shattered. We decided to get married in July, as we didn't have enough time to plan anything during this visit, and then file for I-130.
On 18th I landed in New York and reached my office. Got my coffee and bitched about heart-less State Department to all my colleagues who were plugged in to my case. It was around 9:45 in morning, i opened my g-mail. There was an e-mail from Senator's Rep with an e-mail titled "Visa Approval" sent around 9:30. I was like, finally some response!!!. But when I read the e-mail, which was something like this
"
Chief Glazeroff of the U.S. Consulate has informed our office that they approved the K1 visa for XXXXX late on April 13, 2011. The Chief said it usually takes one week for the passports/visas to be delivered to the fiancée’s address of record. So, Ms. XXX should receive the visa by/around April 20, 2011.
Ms. XXX can check the status of the visa processing by calling the VFS office at the Consulate at +91-120-6611411.
If you have any questions, please let me know.
Sincerely,
"
I don't exactly recall my 1st thoughts, but I do remember closing the e-mail, closing the gmail and then re-logging and then re-reading the e-mail about 10 times. I have to admit i did have tears in my eyes. I immediately called my fiancee and asked if God were to grant you one wish, what would you ask? Her response was, i would like to be with you now. I replied well God has granted you something close, your visa was approved. She thought I was messing with her. We both cried, laughed and then immediate thought was "WHERE THE HECK IS THE PASSPORT!!!!". A chill ran down my spine, man embassy returned the passport immediately after my e-mail, did they actually stamp the visa?
Now the hunt was on to track the missing passport. Blue Dart told her that they will deliver the passport on 20th.
Yesterday she received the passport and to our immense relief, a visa was indeed placed on her passport, and along was a sealed packet. SO YES SHE GOT IT!!!!!
I only shudder to think, what if I hadn't contacted my senator's office, and what if Senator's Rep hadn't taken an active interest. My angel is the senator's rep, i don't know how she convinced New Delhi, but she did it. Who knows what goes on behind the scene, who convinced who, but it bore a result which pleases us immensely.
I don't know why I am writing this, but I felt like sharing it, It feels like coming back from jaws of death. Visa Journey has helped me so much in terms of information and support and I just wanted to share my story.
Good Luck to all visa-journeyers, hope all your dreams come true and you get to be with your soul-mate as soon as possible.