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K-1 Visa Denied Sent Back to USCIS

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  • K-1 Visa Denied Sent Back to USCIS

    My fiances visa application was denied on Feb 18, 2015 at the embassy in New Delhi; the consular officers gave a white letter stating it was denied due to insufficient evidence of our intent to marry within the 90 days of my fiances arrival to the US. What my fiance told me is that he was pretty much badgered in his interview and his evidence was not even accepted or looked at. As soon as he went in they told him they didn't believe our relationship was real. They told him he was a fraud and that they could call the police right now and have him put in jail for fraud. They never even seen the evidence and then said lack of sufficient evidence.

    The truth is that we both are very much in love and this whole nightmare is about enough to kill us. They told him it's already been decided, and they will never give him a visa.

    My fiance is saying because we have an 11 year age difference, different race, different religion, and because I'm divorced, etc. that they don't believe it. Although they did say in the interview that how can we be engaged if I was married at that time, and then wouldn't let him explain that me and my ex husband were separated then.

    What does this mean for us? Is it being reviewed or was it denied? Will they honestly never give us a visa?
    Last edited by Jengon555; 03-11-2015, 07:12 AM.

  • #2
    If I understood correctly, you were married at the time of the interview. If so, it doesn't matter that you were separated. Your application was to be denied.

    Did your husband try to claim that you were not already married, in spite of the evidence? If so, you can be sure that he is unlikely to get a visa anytime soon, unless he manages to obtain some kind of waiver. That said, I have never heard of consular officers having people jailed for visa fraud in their own country.

    Also: What kind of evidence did he/you have with your application (whether or not they saw it)?

    In general, your options after a consular denial are extremely limited, unless your circumstances have changed (for example: you are now in fact divorced). Still there may be certain ways of having the consulate (and perhaps even the State Department's visa office in DC) review the last decision (perhaps even a federal court--though this less likely), if it was manifestly erroneous or unfair.

    If your fiance's evidence is strong, he might be given another chance.

    In any case, this is the kind of situation where you might want to talk to lawyers who specialize in consular practice, at least to get some information/advice, if you can find a cheap or free consultation.

    Comment


    • #3
      You were not free to marry, a strict requirement for a k1 visa, as "separation" alone is not proof of a marriage termination.

      No amount of rationalization on your part will convince USCIS or the Embassy that your K1 visa should have been approved.

      On the other hand, if you marry and re-petition as a spouse, it's a whole new ball game and you have a better shot at approval.

      --Ray B

      Originally posted by Jengon555 View Post
      My fiances visa application was denied on May 18, 2015 at the embassy in New Delhi; the consular officers gave a white letter stating it was denied due to insufficient evidence of our intent to marry within the 90 days of my fiances arrival to the US. What my fiance told me is that he was pretty much badgered in his interview and his evidence was not even accepted or looked at. As soon as he went in they told him they didn't believe our relationship was real. They told him he was a fraud and that they could call the police right now and have him put in jail for fraud. They never even seen the evidence and then said lack of sufficient evidence.

      The truth is that we both are very much in love and this whole nightmare is about enough to kill us. They told him it's already been decided, and they will never give him a visa.

      My fiance is saying because we have an 11 year age difference, different race, different religion, and because I'm divorced, etc. that they don't believe it. Although they did say in the interview that how can we be engaged if I was married at that time, and then wouldn't let him explain that me and my ex husband were separated then.

      What does this mean for us? Is it being reviewed or was it denied? Will they honestly never give us a visa?

      Comment


      • #4
        Let me explain. When I met my fiance I was still legally married to my ex husband, yet separated. Once my relationship with my fiance turned serious I actively sought divorce but complications with employment didn't allow me the financial resources to file for divorce. I did go to India to meet him while I was still married. I waited until after the divorce with my ex husband to file for my fiances petition and at that time I was legally able to marry him. The consulate was saying that how could I be engaged to my fiance if I was still legally married to my ex husband when we became boyfriend and girlfriend. Sorry for the confusion.

        My fiance and I met April 23, 2012 and became boyfriend and girlfriend May 18, 2012. We met on ******** and we have over 500,000 messages in ******** alone. My boyfriend made copies of maybe 75 of these messages, he also has copies of 160 phone calls (all of these from.the date of the petition to the present time). Previously with the petition we sent in about ten photographs of us together in India, itinerary of my flight to India, ticket stubs, and about 25 messages from ********, which is what my lawyer recommended.
        Last edited by Jengon555; 03-11-2015, 07:11 AM.

        Comment


        • #5
          Go back to India and marry your guy, then re-petition him as your spouse.

          --Ray B

          Originally posted by Jengon555 View Post
          Let me explain. When I met my fiance I was still legally married to my ex husband, yet separated. Once my relationship with my fiance turned serious I actively sought divorce but complications with employment didn't allow me the financial resources to file for divorce. I did go to India to meet him while I was still married. I waited until after the divorce with my ex husband to file for my fiances petition and at that time I was legally able to marry him. The consulate was saying that how could I be engaged to my fiance if I was still legally married to my ex husband when we became boyfriend and girlfriend. Sorry for the confusion.

          My fiance and I met April 23, 2012 and became boyfriend and girlfriend May 18, 2012. We met on ******** and we have over 500,000 messages in ******** alone. My boyfriend made copies of maybe 75 of these messages, he also has copies of 160 phone calls (all of these from.the date of the petition to the present time). Previously with the petition we sent in about ten photographs of us together in India, itinerary of my flight to India, ticket stubs, and about 25 messages from ********, which is what my lawyer recommended.

          Comment


          • #6
            Im being told by a lawyer and some others that it won't really make a difference with that embassy. There are a others being denied for the same reasons even though they're married for five years and have children.

            Comment


            • #7
              Well, you can believe a lawyer and do nothing, or apply for a benefit that is providing immigrant visas every day at U.S. embassies around the world.

              There are also spousal visa denials on a regular basis for relationships which seem less than credible to reviewers.

              -Ray B

              Originally posted by Jengon555 View Post
              Im being told by a lawyer and some others that it won't really make a difference with that embassy. There are a others being denied for the same reasons even though they're married for five years and have children.

              Comment


              • #8
                I am ready to do something now, I don't want to wait for any response from USCIS, because it could take months for them to review my case...and that is if it's even going to be reviewed- it may have just been a flat denial. So I want to redo the 129...is this a good decision? I don't have money to take a trip to India yet and it hasn't been two years so we could still qualify for the 129. I just wonder does it make sense to repeat the exact same thing because nothing has changed except time.

                Comment

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