Fiance visa denied and under investigation

[Lajuli3]

I put in a fiancé application in April 2011 it was approved. My fiance got the appointment for an interview in July 2012 I wasnt able to go so they told him that as soon as I was able to go all we had to do is go, (no appointment needed). The day of the i interview we go ,we were there about 9 hours. They asked us alot of questions some we knew because it was regarding us, some of it was just wasnt relevant to us & some was just that we didnt remember the exact place or time. Long story short we got denied for that moment and it will be going under investigation. The lady did not give us back any of our documentation that we had provided or picture. Still 2 months later we have not received anything regarding the denial.

My question is how long does it takes for that investigation to be complete?
What are my chances on getting approved?
Is it just better to get married?
How long will it take to put it up for an appeal?
When should I receive some kind of documentation?

Please help....

[rayb]

Lajuli,

From July 2012 to December of 2013 is too long for a standard investigation. They probably shelved the paperwork, hoping you'll go away.

WHAT DO YOU THINK IS THE REASON FOR THE REQUEST FOR YOU TO BE INTERVIEWED AND THE SUBSEQUENT 'INVESTIGATION?"

WHAT COUNTRY WAS THE INTERVIEW IN?

Have you given us the wrong years in your description?

--Ray B

I put in a fiancé application in April 2011 it was approved. My fiance got the appointment for an interview in July 2012 I wasnt able to go so they told him that as soon as I was able to go all we had to do is go, (no appointment needed). The day of the i interview we go ,we were there about 9 hours. They asked us alot of questions some we knew because it was regarding us, some of it was just wasnt relevant to us & some was just that we didnt remember the exact place or time. Long story short we got denied for that moment and it will be going under investigation. The lady did not give us back any of our documentation that we had provided or picture. Still 2 months later we have not received anything regarding the denial.

My question is how long does it takes for that investigation to be complete?
What are my chances on getting approved?
Is it just better to get married?
How long will it take to put it up for an appeal?
When should I receive some kind of documentation?

Please help....

[Lajuli3]

Lajuli,

From July 2012 to December of 2013 is too long for a standard investigation. They probably shelved the paperwork, hoping you'll go away.

WHAT DO YOU THINK IS THE REASON FOR THE REQUEST FOR YOU TO BE INTERVIEWED AND THE SUBSEQUENT 'INVESTIGATION?"

WHAT COUNTRY WAS THE INTERVIEW IN?

Have you given us the wrong years in your description?

--Ray B

The interview was in Dominican Republic. The first interview I could not attend. So they gave me a year to go (mother was very ill) In October 2013 We went together, they already had all of the paper work & our pictures. Interview took about 20 minutes for each of us (separate). Than we got denied and put under investigation.. Also they never returned our paper work or pictures...

[rayb]

Surely, you must have a "gut feeling" for what went wrong in the interview? My guess is that they weren't satisfied there was a "relationship." The evidence may not have been persuasive enough, or the young lady struck them as not being your type. Is there a significant age difference?

--Ray B

The interview was in Dominican Republic. The first interview I could not attend. So they gave me a year to go (mother was very ill) In October 2013 We went together, they already had all of the paper work & our pictures. Interview took about 20 minutes for each of us (separate). Than we got denied and put under investigation.. Also they never returned our paper work or pictures...

[Lajuli3]

Surely, you must have a "gut feeling" for what went wrong in the interview? My guess is that they weren't satisfied there was a "relationship." The evidence may not have been persuasive enough, or the young lady struck them as not being your type. Is there a significant age difference?

--Ray B

I'm five years older than him & we have been together for almost 6 years now. We provided a lot of pictures & phone call records.

[rayb]

Lajuli,

I didn't realize that you were a lady. I've done petitions for several gal petitioners whose fiances and husbands had been met on vacation. For some of these relationships, the Consulate interviewers seemed to be more demanding than if the petitioners were men. One gal in Maine was told to show up for her guy's second fiance interview three days later in Juarez if she wanted him to get the visa. She showed up, to their surprise, and the visa was approved.

I think the U.S. consulates have different priorities, depending on the countries in which they operate. In Vietnam and Cambodia, White guys have a high denial rates for their gals' fiancee visa interviews.

Offhand, two things stand out in your earlier posts:
1. The amount of time that passed before you were able to show up at the second interview;
2. You said there was a "denial" at the second interview, then put on investigation. Do you mean it was simply put on "Administrative Review?" A denial would mean they just sent you away to wait for the denial notive to arrive in the mail later.

Did they keep your guy's passport?

For Administrative Review delays, the Consulates often schedule two investigators to go and interview neighbors and family members to get "something" on the visa aplicant, and these schedules can take many months for investigator staff to be available.

--Ray B

I'm five years older than him & we have been together for almost 6 years now. We provided a lot of pictures & phone call records.

[Lajuli3]

Lajuli,

I didn't realize that you were a lady. I've done petitions for several gal petitioners whose fiances and husbands had been met on vacation. For some of these relationships, the Consulate interviewers seemed to be more demanding than if the petitioners were men. One gal in Maine was told to show up for her guy's second fiance interview three days later in Juarez if she wanted him to get the visa. She showed up, to their surprise, and the visa was approved.

I think the U.S. consulates have different priorities, depending on the countries in which they operate. In Vietnam and Cambodia, White guys have a high denial rates for their gals' fiancee visa interviews.

Offhand, two things stand out in your earlier posts:
1. The amount of time that passed before you were able to show up at the second interview;
2. You said there was a "denial" at the second interview, then put on investigation. Do you mean it was simply put on "Administrative Review?" A denial would mean they just sent you away to wait for the denial notive to arrive in the mail later.

Did they keep your guy's passport?

For Administrative Review delays, the Consulates often schedule two investigators to go and interview neighbors and family members to get "something" on the visa aplicant, and these schedules can take many months for investigator staff to be available.

--Ray B

When he went to the first interview I was not able to go. So they left the appointment open and they told him as soon as I was able to go. All we had to do was go in, between Monday - Thursday.. (Repeat of what the lady said) Your application has been denied and will be under investigation. You will receive a letter stated why it was denied and than you will have the right to appeal if you like. His passport was given back to him. But all the other paper work & photos was not.
I"ve been calling all day today and with no luck, no one has any information on where my paper work is at or who has it...
Its been 2 1/2 months I should have receive something by now..

[doanvn]

vietnam visa

I understand your problem. it's easy to get Vietnam visa from France. Nowadays, you can get visa only by the double click mouse at your home.
I know a website can help you. if you need visa, you can view at: vietnam-evisa.org

[rayb]

Juli,

This is where the process breaks down and gets flaky. The Consulates don't send the denial packages back to USCIS, Stateside, very fast, if at all. Afterwards, you may wait months for a formal notice from USCIS of the denial and your appeal rights, or may never hear about it at all. I'm serious, as this has been my experience with the post-Consulate period after denials.

Since a subsequent appeal, if USCIS even admits to having the file, will cost almost as much as the original submittal fee, I usually recommend one of two options:

1. Resubmit a new K1 package, with improved evidence; or
2. Marry and submit a spousal visa package.

Also, why do you think you were expected at the first interview? Though petitioner attendance is a good idea with fiancee visas, it's not mandatory, unless they suspect the relationship is not real.

--Ray B

When he went to the first interview I was not able to go. So they left the appointment open and they told him as soon as I was able to go. All we had to do was go in, between Monday - Thursday.. (Repeat of what the lady said) Your application has been denied and will be under investigation. You will receive a letter stated why it was denied and than you will have the right to appeal if you like. His passport was given back to him. But all the other paper work & photos was not.
I"ve been calling all day today and with no luck, no one has any information on where my paper work is at or who has it...
Its been 2 1/2 months I should have receive something by now..

[Lajuli3]

Juli,

This is where the process breaks down and gets flaky. The Consulates don't send the denial packages back to USCIS, Stateside, very fast, if at all. Afterwards, you may wait months for a formal notice from USCIS of the denial and your appeal rights, or may never hear about it at all. I'm serious, as this has been my experience with the post-Consulate period after denials.

Since a subsequent appeal, if USCIS even admits to having the file, will cost almost as much as the original submittal fee, I usually recommend one of two options:

1. Resubmit a new K1 package, with improved evidence; or
2. Marry and submit a spousal visa package.

Also, why do you think you were expected at the first interview? Though petitioner attendance is a good idea with fiancee visas, it's not mandatory, unless they suspect the relationship is not real.

--Ray B

Yes , im planing on going in january 2014 for IVF and we might end up getting married..
I really dont know why they wanted to see me , because I was told the same thing that it was not mandatory. I sent my mothers medical record and explain why I couldnt attend.
How long do you think the process will take for a spousal visa?
Do you think I could have issues with already having that denial?
It is what it is, wish me luck
thanx for the info

[rayb]

Normally, a denial for the first visa is not an inpediment for successful processing of the second, if evidence is provided to overcome the reasons for the first denial.

--Ray B

Yes , im planing on going in january 2014 for IVF and we might end up getting married..
I really dont know why they wanted to see me , because I was told the same thing that it was not mandatory. I sent my mothers medical record and explain why I couldnt attend.
How long do you think the process will take for a spousal visa?
Do you think I could have issues with already having that denial?
It is what it is, wish me luck
thanx for the info