How can a K-1 misrepresentation denial be overturned?

[Lynn n Sam 57]

Agreed. I'm not suggesting they should continue with the K1, even if it's reaffirmed. However, getting married and filing a CR1 petition doesn't automatically stop them from readjudicating the returned K1 petition. They could still get a NOIR. If they do then they need to respond to it, even if they've already filed a CR1 petition. Not responding to a NOIR would result in the K1 petition approval being revoked, which could result in a finding of fraud against the beneficiary. They would be denied the visa at the CR1 interview, and told to submit an I-601 waiver request.

But if the petition is reaffirmed, most likely it's returned to the consulate for a 2nd interview with the recommendation to issue the visa, correct? So, they could potentially lose out on this outcome which in essence would end up being a faster process as opposed to withdrawing the K1 and filing a CR1 at that point don't you think?

[pushbrk 12,106]

But if the petition is reaffirmed, most likely it's returned to the consulate for a 2nd interview with the recommendation to issue the visa, correct? So, they could potentially lose out on this outcome which in essence would end up being a faster process as opposed to withdrawing the K1 and filing a CR1 at that point don't you think?

Not correct. No recommendation to issue the visa, so no. If I thought your suggestion would be faster or better, I would have suggested it. I explained the problem that must be overcome. A reaffirmed petition does NOT overcome this problem and is NOT a recommendation to issue a visa.

[Joon 2]

Whether with the petition or in materials for the interview, present NOTHING that's redacted or blanked out. Someone recently posted, or I heard about it outside of here, that a CO issued a 221g (formal hold on visa-issuance) until a couple presented the unredacted version of an e-mail that they'd presented in which a line had been blacked out. Fortunately, they had it and the original text was nothing untoward, and they then got the visa.

We followed the step-by-step guide here on VJ (found here: http://www.visajourney.com/content/k1guide) and it says "The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of phone bills, cell phone bills, emails (you can edit personal info with a marker), letters (edit personal info also)" so we blacked out a few things in emails and letters. But we shouldn't have blacked out anything?

[TBoneTX 43,057]

We followed the step-by-step guide here on VJ (found here: http://www.visajourney.com/content/k1guide) and it says "The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of phone bills, cell phone bills, emails (you can edit personal info with a marker), letters (edit personal info also)" so we blacked out a few things in emails and letters. But we shouldn't have blacked out anything?

Good question, and good catch -- I'll report this to Admiral Ewok. If someone handed YOU a document as proof of something, and it had lines redacted, wouldn't YOU want to know what was being hidden? That reaction is heightened in the minds of COs, who are geared to be suspicious and to sniff out potential fraud.

If pushbrk comes back, listen to him on this subject (and every other on which he posts).

---

Edited to add: Just posted in Site Discussion. See the "Red Alert" thread.

Edited February 29, 2012 by TBoneTX

[Rufus2012 175]

The Kuwait couple having an Orthodox Priest bless their "rings" at an "engagement ceremony" are playing with fire and gasoline together. Time for a change of plans. Marry or don't marry. No play marriage.

IIRC, the first step in an Armenian wedding is blessing the rings. The couple is not married at that point, and presumably the idea was to stop there. Wedding interruptus. Bad idea, very bad idea. Very easily misconstrued as a wedding by someone unfamiliar with the details of the church's protocols.

USC and fiance from Kuwait - wait till you get to the US before you go near an Armenian church.

Edited February 29, 2012 by Rufus2012

[sachinky 464]

Ha, it figures you would pick up on my "subtle" reference to Goa.

VERY true of India though! Things like this that no American would bat an eye at can be heavily scrutinized in India. I recall reading a thread a while ago about an Indian couple going through the K-1 and being denied because they took a trip together alone and the CO thought they must be married because as you said, no Indian parent would allow their unmarried son or daughter to do this.

Eee, Mr. Sachinky and I took a trip to Puri a couple of days before our wedding since he was scheduled to fly out right after our wedding and there wasn't any time for a honey-moon, per se. While my parents, of course, knew about it and so did my close, immediate family, I was advised by mother not to mention it to extended family/elderly relatives/village-cousins for fear of outright disapproval. Of course, she should know better than that. Things like that just make me mad so I told all and sundry during the wedding that our lovely tan was from sun-bathing at the Puri beaches. Oh, the horror!

[vosnmars 25]

... The Kuwait couple having an Orthodox Priest bless their "rings" at an "engagement ceremony" are playing with fire and gasoline together. Time for a change of plans. Marry or don't marry. No play marriage.

IIRC, the first step in an Armenian wedding is blessing the rings. The couple is not married at that point, and presumably the idea was to stop there. Wedding interruptus. Bad idea, very bad idea. Very easily misconstrued as a wedding by someone unfamiliar with the details of the church's protocols.

USC and fiance from Kuwait - wait till you get to the US before you go near an Armenian church.

Thank you both for your responses. I will say that based on the responses I received days before our engagement, I did realize that I did not want to do something that could mess this process up or be misconstrued. I think someone said earlier that you are not in a "normal" relationship and we are being evaluated so as I previously stated I would discuss it with my fiance and I wanted to follow the laws and terms to obtain the K-1 visa. We decided to cancel the priest. I was happy I found this website when I did and now I look at it daily to see if anything relates to me as I go through the process.

[vs2011 3]

Eee, Mr. Sachinky and I took a trip to Puri a couple of days before our wedding since he was scheduled to fly out right after our wedding and there wasn't any time for a honey-moon, per se. While my parents, of course, knew about it and so did my close, immediate family, I was advised by mother not to mention it to extended family/elderly relatives/village-cousins for fear of outright disapproval. Of course, she should know better than that. Things like that just make me mad so I told all and sundry during the wedding that our lovely tan was from sun-bathing at the Puri beaches. Oh, the horror!

So you got married before you came to the US...?

[TBoneTX 43,057]

So you got married before you came to the US...?

They were CR-1 visa applicants (see in their timeline that they filed the I-130 petition). She was commenting more on the whys and wherefores of vacationing together in India in light of social mores.

[simu 0]

how did they come across an "online album"?

[Harpa Timsah 13,258]

how did they come across an "online album"?

This thread is over a year old, but they do research on you.