Fiance K-1 Visa sent back to USCIS after interview; Afghanistan. 1 key question

[TheAmbassador]

Good afternoon,

My fiancé had her interview literally 3 days ago. It is unfortunate but we have been informed by Afghanistan Consulate that the case has been sent back to USCIS for further consideration. She received a yellow card. My intuition tells me that it is based upon the question of who my mom was. My fiancé answered the question that she is my mom's aunt's kid or in other words my mom's cousin. I'm not sure why she answered the question in this manner but she did.

To add to the confusion I just read the I129F that I sent to USCIS and according to the papers I selected she is not related to me. Unfortunately my whole application was done through a 3rd party and this question was never presented to me. It is true that she is related to me. We are half 2nd cousins i suppose.

I blame the agency that I hired to help me with the app as they are the ones that completed the app for me and asked me the questions they did. I honestly do not remember them ever asking me if she was related to me.

Now that the app is being sent back to USCIS i'm not sure what my options are. I would love to have the ability to fix this issue and change the answer to the question on the I129 that she is related to me although very distant. I'm assuming this would fix the issue.

In any case does anyone have any insight as to what the process is from this point forward. I talked to the USCIS customer service rep and he told me to wait about 30 days and either set an interview with my local office or wait until I get something in the mail.

I'm not sure what my options are but it is quite unfortunate.

Thank you

[rayb]

I wouldn't place much stock in what the USCIS customer rep told you. The K1 petition has most likely been denied, and any correspondence from USCIS will simply advise you of your appeal rights, which doesn't bode well, since the appeal cost, process time, and expected negative decision are all of no use to you.

Your petition, which you presumably signed, misrepresented your relationship and your fiancee wasn't properly coached in advance of the interview and wasn't familiar with what was on your petition.

From the Afghans I know in the Fremont (California) area, cousin relationships are almost always assumed, even when not genetic, and this makes for much confusion in conversation and documents.

A second fiancee petition submittal is your best bet, but properly completed and reviewed second time around.

--Ray B

Good afternoon,

My fiancé had her interview literally 3 days ago. It is unfortunate but we have been informed by Afghanistan Consulate that the case has been sent back to USCIS for further consideration. She received a yellow card. My intuition tells me that it is based upon the question of who my mom was. My fiancé answered the question that she is my mom's aunt's kid or in other words my mom's cousin. I'm not sure why she answered the question in this manner but she did.

To add to the confusion I just read the I129F that I sent to USCIS and according to the papers I selected she is not related to me. Unfortunately my whole application was done through a 3rd party and this question was never presented to me. It is true that she is related to me. We are half 2nd cousins i suppose.

I blame the agency that I hired to help me with the app as they are the ones that completed the app for me and asked me the questions they did. I honestly do not remember them ever asking me if she was related to me.

Now that the app is being sent back to USCIS i'm not sure what my options are. I would love to have the ability to fix this issue and change the answer to the question on the I129 that she is related to me although very distant. I'm assuming this would fix the issue.

In any case does anyone have any insight as to what the process is from this point forward. I talked to the USCIS customer service rep and he told me to wait about 30 days and either set an interview with my local office or wait until I get something in the mail.

I'm not sure what my options are but it is quite unfortunate.

Thank you

[TheAmbassador]

I wouldn't place much stock in what the USCIS customer rep told you. The K1 petition has most likely been denied, and any correspondence from USCIS will simply advise you of your appeal rights, which doesn't bode well, since the appeal cost, process time, and expected negative decision are all of no use to you.

Your petition, which you presumably signed, misrepresented your relationship and your fiancee wasn't properly coached in advance of the interview and wasn't familiar with what was on your petition.

From the Afghans I know in the Fremont (California) area, cousin relationships are almost always assumed, even when not genetic, and this makes for much confusion in conversation and documents.

A second fiancee petition submittal is your best bet, but properly completed and reviewed second time around.

--Ray B

I just don't understand why I'd have to do everything over again based upon 1 error on my petition. That is absurd. If I do reapply everything would be 100% the exact same way other than one question being answered differently on the petition, literally a check mark changed to Yes from No.

If a whole petition is rejected based upon 1 erroneous answer on my petition that would be highly disappointing.

I know that everything is by the book but when dealing with literally 10-15 pages, and dozens upon dozens of questions, you'd think if 1 question was answered incorrect they would allow the ability for correction.

[rayb]

Ambassador,

I am only being "devils' advocate," but your petition was only 6 pages, with a single question regarding relationship to your fiancee. And your fiancee did not provide the correct answer regarding that issue at her Embassy interview. The result was that your petition was denied. You will probably receive correspondence from USCIS explaining your option for appealing the denial, but success would only occur if you provide evidence that USCIS or the Embassy was responsible for the error, which is not the case.

If you had someone else prepare our I-129F petition, then signed it, and if your fiancee was not prepared or sufficiently fluent in English to understand te relationship question asked during her interview, the denial is understandable.

Your best option is to spend $340 to resubmit your fiancee petition and make every effort to avoid the two problems you've already experienced.

--Ray B

I just don't understand why I'd have to do everything over again based upon 1 error on my petition. That is absurd. If I do reapply everything would be 100% the exact same way other than one question being answered differently on the petition, literally a check mark changed to Yes from No.

If a whole petition is rejected based upon 1 erroneous answer on my petition that would be highly disappointing.

I know that everything is by the book but when dealing with literally 10-15 pages, and dozens upon dozens of questions, you'd think if 1 question was answered incorrect they would allow the ability for correction.