Jump to content
Sahil Kumar

refused for no valid relationship

 Share

40 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: India
Timeline

Dear VJ friends, i need your help and please help me as soon as possible.

well i interviewed on march 5 in New Delhi, US Embassy, the interviewer ask me few question about me and my fiancee, and i answer his all question, after 5 or 10 minutes he give me a 221g letter and told me to submit all the documents to the vfs center, on march 16, i submit all the the documents required in 221g letter and today on April 3 they give me a letter in which it says

The Visa interview and accompanying investigation indicates that the petition and the beneficiary do not have a valid relationship to qualify for a K1 fiance visa. the visa application is refused under section 212(a) (P) (5) (a) of the Immigration and Nationality Act (INA). The petition is being returned to the National Visa Center (NVC) for review and revocation. Any further questions should be directed to them. Please consider this case closed at our office.

My question is Why they refused my visa ?? while i have so many proof of relationship with my fiance. We are in relationship from 2007 and we meet in person in 2009, 2010, and 2011. I also give our joint bank account in Philippines, our stay in hotel and their bills, our phone call bills, our photographs, our chat history, our letters and emails, what else they need ??? Even the documents i submit they return me back, i am very sure that they even did not check my documents because as i submit it there, they return me back in same condition at the time i submit it?

My another question is What is the section 212(a) (P) (5) (a), i even can not find it online ??

Is there is any one who can help me, please friend i need your help ?

Edited by Sahil Kumar
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

Was there any red flags in your case, such as big age difference, recent divorce, previous immigrant intent? Were there any questions you could not answer or answered wrongly in the interview?

Are you sure on the exact letters of the denial, ie 212(a) (P) (5) (a)?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

Filed: K-1 Visa Country: India
Timeline

Was there any red flags in your case, such as big age difference, recent divorce, previous immigrant intent? Were there any questions you could not answer or answered wrongly in the interview?

Are you sure on the exact letters of the denial, ie 212(a) (P) (5) (a)?

we have age difference, and he ask me about her previous marriage and i told him about that, and yes i am sure the section is 212(a) (P) (5) (a)

Link to comment
Share on other sites

Filed: Timeline

we have age difference, and he ask me about her previous marriage and i told him about that, and yes i am sure the section is 212(a) (P) (5) (a)

Can you please describe a little bit more about your relationship background and red flags if you do not mind?

You might have to reapply K1 or just get married and file CR1.

Link to comment
Share on other sites

Filed: K-1 Visa Country: India
Timeline

Did you look here: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

I didn't see 212(a)(P)5(a), but there is a 212(a)5(a).

yes i check it but there is no 212(a)(P)5(a) and beside in my forms, i did not say that i intend to work in usa.

Link to comment
Share on other sites

Filed: K-1 Visa Country: India
Timeline

Can you please describe a little bit more about your relationship background and red flags if you do not mind?

You might have to reapply K1 or just get married and file CR1.

we met online in sometimes october 2007 and than we keep chating with each other and start making phone calls, and in 2008 we fall in love with each other, but she do not want that relationship because of our age gap, but than we decide we meet first and see how its work and than we decide about our relationship, so we meet first time in 2009 for 6 days, and than everything is so normal and we have no problem with our age, and we came back to our home country and than we decide to live together and we meet again in 2010 and we stay together for 1 and half month. and after that she return back to usa and i stay there in philippines. than we meet again in 2011 and we plan to get married. so she apply for k1 visa for me and i come back to my home country. i agree she is older than me and she is divorced, but what is to do with our age difference, we have no problem with our age and we are so happy when we are living in the philippines.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Laws are written in an outline format so that sections, paragraphs, and clauses can be referenced and located relatively easily. The basic rules of outlining usually apply, one of which is that you don't use the same type of enumerator for two sequential levels of nesting. This means you might use (number)(letter)(number)(letter), but you wouldn't use (number)(number)(letter)(letter). I suspect the "P" in this case refers to "paragraph". In other words, INA 212a, paragraph (5)(a).

A denial under 212a(5)(a) is often used when they don't believe there's a bonafide relationship. I've always thought this was particularly odd because paragraph (5)(a) is related to labor certifications for work visas. I've heard various explanations for why they cite this particular paragraph of the INA. The explanation that seems to make the most sense is that the consulate has determined that the applicant isn't eligible for a visa based on a petitionable relationship, so the only remaining basis for eligibility would be a work visa. They don't have a labor certification, so they're determined to be inadmissible on that basis. In other words, they end up here because it's the default trigger at the end of the list. I realize that this is twisted logic, but there is no paragraph in 212a that covers a CO's discretionary determination whether a bonafide relationship exists.

Anyway, the INA section cited by the CO doesn't change the real reason they denied the visa - they think the relationship is a sham.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

Filed: K-1 Visa Country: India
Timeline

Dear All VJ members

I want some help ? if any one know about this, please help me soon.

My fiance apply for a K1 visa for me, and i give interview in new delhi, us embassy, everything is fine on the day of interview and than they give me 221g letter, after few days, i collect all the documents and i submit it to the vfs center, with all the documents required in 221g letter, but today the denied the visa and give me the letter in which it says

The Visa Interview and accompanying investigation indicates that the petitioner and the beneficiary do not have a valid relationship to qualify for a K1 visa. This visa application is refused under section 212(a) (P) (5) (a) of the Immigration and Nationality Act (INA). The petition is being returned to the National Visa Center (NVC) for review and revocation. Any further question shold be directed to them. Please consider this case closed at our office.

I just want to know what is 212(a) (P) (5) (a) of the Immigration and Nationality Act (INA)??

what is the next step i have to do for my k1 visa ?

if there is anyone, who can help me on this matter please help me

i am really so stressful and its hurting a lots, that i am still away from my fiance..

Link to comment
Share on other sites

Hi and sorry you are going through this, that section means that they dont believe your relationship is real i am going through the same thing with the embassy in santo domingo, the only thing i would recommend is that the petitioner contact her congressman and get them involved so they can make an inquiry on your case and take it from there. At least afetr they make the inquiry you would know what options you have available and go from there. Wish you the best any questions feel free to ask :)

Link to comment
Share on other sites

It's obvious that you didn't prove evident of a bona fide relationship! Next step is hire a attorney and THE USC NEEDS TO spend more time face-to-face there in India, more photos, boardings passes!

Good luck

Edited by WrightFamily

USCIS

05/29/2011: Married

08/12/2011: Sent I-130 packet.

08/15/2011: NOA1, Priority Date

02/22/2012: NOA2 - Approved

02/25/2012: NOA2 - Received hard copy in mail

NVC

03/06/2012: NVC received

03/07/2012: NVC Case Number, BIN & IIN Assigned

03/08/2012: DS3032 sent by email (auto response received immediately)

03/13/2012: Re-send DS3032 by email (auto response received immediately)

03/13/2012: Received (2)Email with DS-3032 Kit and AOS Bill instructions

03/14/2012: AOS bill appears as PAID

03/16/2012: Mailed AOS package (I-864)USPS EXPRESS

03/16/2012: DS-3032 Accepted Via Beneficiary Email (Took 8 DAYS from 1st Email)

03/20/2012: IV bill invoiced & paid $404.00

03/21/2012: IV bill Payment reflecting PAID / AOS checklist received

03/30/2012: IV package DS-230 sent via USPS Priority

04/02/2012: IV package Delivered @ 11:55 am w/signature

04/12/2012: Re-Sent DS-230 Part 1 W/Photocopy of receipt from Hong Kong Police Via USPS EXPRESS

04/13/2012: DS-230 Part 1 package Delivered to NVC ATTN:DR @11:52am

04/17/2012: CASE COMPLETE (41 Days @NVC)

04/22/2012: Request Expedite

04/24/2012: Expedite Approved!(2days)

04/25/2012: Case sent to U.S. Consulate General in HONG KONG

Medical / US Consulate / POE:

04/30/2012: U.S. Consulate General Hong Kong received

05/16/2012: Interview Scheduled May 22, 2012

05/22/2012: Interview APPROVED!!!!!!

05/26/2012: Visa in Hand (9 months 11 days from NOA1)

Link to comment
Share on other sites

Filed: Timeline

http://www.visajourney.com/forums/topic/355017-interracial-couples-post-here/

Read above post for better understanding about red flags.

we met online in sometimes october 2007 and than we keep chating with each other and start making phone calls, and in 2008 we fall in love with each other, but she do not want that relationship because of our age gap, but than we decide we meet first and see how its work and than we decide about our relationship, so we meet first time in 2009 for 6 days, and than everything is so normal and we have no problem with our age, and we came back to our home country and than we decide to live together and we meet again in 2010 and we stay together for 1 and half month. and after that she return back to usa and i stay there in philippines. than we meet again in 2011 and we plan to get married. so she apply for k1 visa for me and i come back to my home country. i agree she is older than me and she is divorced, but what is to do with our age difference, we have no problem with our age and we are so happy when we are living in the philippines.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

** two topics on the same issue merged. PLease do not start more than one topic on a question/ issue. If you have a follow-on question or update, reply to the original topic so all info stays together ***

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

Filed: K-1 Visa Country: India
Timeline

It's obvious that you didn't prove evident of a bona fide relationship! Next step is hire a attorney and THE USC NEEDS TO spend more time face-to-face there in India, more photos, boardings passes!

Good luck

i did show many thing, even i show that our photos together, photos with family and friend, i even give them our joint bank account with passbook, i even give them our chat history, our photo while we are chating, phone bill record from 2008 to March 15, because i submit my documents on march 16, even i give them our apartment contract under my fiance name. the cable bills, internet bills, our package, all the records i keep, i give them, hotel bills, boarding pass, etc... but i have doubt that they did not check my documents, because at the time i submit it in vfs, they return me in same condition, like never opened or checked....

Link to comment
Share on other sites

Filed: Timeline

You are right. My documents seemed untouched while I did that in 2010. Even the pics were in the same order.

i did show many thing, even i show that our photos together, photos with family and friend, i even give them our joint bank account with passbook, i even give them our chat history, our photo while we are chating, phone bill record from 2008 to March 15, because i submit my documents on march 16, even i give them our apartment contract under my fiance name. the cable bills, internet bills, our package, all the records i keep, i give them, hotel bills, boarding pass, etc... but i have doubt that they did not check my documents, because at the time i submit it in vfs, they return me in same condition, like never opened or checked....

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...