Possible Revocation - K-1 Visa

[suz288]

Hi

In August of 2007 I filed I-129F petition for a fiancé visa. We went through the entire process up to being interviewed by the US Embassy. I made a special trip back to Guyana in March so that we could both attend the interview. The interview was set for March 17, 2008. Four consulates at the embassy interviewed us and the interview lasted a good 4 hours. When our interview was complete, we were informed that we would be notified by mail when a decision has been reached.

I contacted DOS July 16th and they informed me that the embassy is ready to return our case to DHS/CIS because they do not believe we have a valid realationship. I believe I need to keep that application there and have them agree to schedule another interview but I don't know how to do that. I'm working with my congressman's office - Robert Wexler - but the girl that I'm working with does not really know how important it is to get these things done in a timely manner. Her response to me is to wait 30 days.

If the case does come back to DHS/CIS how can I get an opportunity with immigration to prove my case? The consulars in Guyana, I don't think gave us a fair chance. In fact they asked us some very intimate and personal questions - four guys - four hours! I have phone bills showing that I talk to him everyday - $2000 worth but they didn't look at that - they didn't even keep it. They didn't keep my bank letters, or my job letter. I don't really know what else to do.

Can someone give me some advice please?


VSC received our application 08-24-2007
NOA1 Received in mail 08-31-2007
VSC approves our application.... In 114 Days!! 12-16-2007
NVC receives our application from VSC 12-18-2007
NVC sends our application the consulate in Georgetown, Guyana 12-20-2007
Received hard copy of NOA2 12-22-2007
Packet 3 mailed out by US Embassy 01-03-2008
Received Packet 3 01-10-2008
Returned Packet 3 01-22-2008
Interview set for 7:30 AM on 03-17-2008
Embassy interviewed the neighbors in Unity 05-09-2008

Called DOS 07-16-08 and was told that our case was marked for return to DHS on 07-08-08.

[suz288]

So pretty much you're saying it would be best to wait for the denial letter and then start the k-3 process? Can I start the K-3 process without a denial letter?

[suz288]

Waiting for CIS to re-approve my petition is not a problem. It would take about another year for the entire K-3 process to complete anyway. If I can get the K-1 Visa approved as that is already in process that would be awesome. I know that I need my congress to get the Return Petition Memo. I'm working on that.

What are the steps in getting CIS to re-approve the petition? How do I get to plead my case to immigration in the USA?

suz

[suz288]

Thank you Aamir -

I did speak to a second lawyer today and he as well as the first told me the same thing. I should go home and get married and then file the I-130.

The congressman's office told me today that will not be able to get the return petition memo. That's fine.

Also, filing the I-130 automatically nulls and voids the K-1 application. And I know exactly why we are being denied so we will have to fix that next time.

thanks again -
suz

[suz288]

I am so confused! I found out today that our case is being denied because of a picture that we took in with me and his best friend! What nonsense! In America taking pictures with friends is normal and I was advised to take pictures to show that his friends knew about us but that backfired on us. They don't believe that we have a valid realtionship because they saw pictures with me and his best friend! Who are they to make that determination.....I don't know how I can fix this quick rather than wait for another year while going through K-3. I guess there is no fixing this? UH?

[jen22]

It's always best to show pictures that include both you and your SO (together alone - some CO's like pics of hugging and kissing; w/ family and friends)

[suz288]

I don't know - your guess is as good as mine. They are using pictures that we submitted as proof that we don't have a realationship but I've been back to Guyana 4 times in the last year and - well - all that you listed we have positive on. I really don't know why they would return it.

But we have made up our minds and we will file for K3 after we're married. I will be going back to Guyana in a few weeks.

[suz288]

I would like to email the last post to the embassy - and ask them to tell me exactly why we are being returned to DHS. Do you think that would be a good idea to send that information to them? According to that they HAVE TO TELL ME why we are being denied and allow us a second chance. We are beingn denied based on their personal conclusions - as far as I can see.

suz

[richardk]

K1 denials

My fiance and I have a very similar case except the country is different. She had an interview in Guangzhou China on July 10th and was denied because of "no evidence of a legitimate relationship". Of course we used an expensive lawyer to help us gather the appropriate photos, receipts etc. Now my question is, can or should we submit a new k1 application instead of waiting for the denial paperwork ( which I am told may take up to 1 year to arrive )?

[suz288]

Well from what I've been told we should wait for the denial letter. However, I am not going to wait for a year. When I file the K-3 it will null and void the K-1. Also, I spoke two lawyers, one in Miami and one in Texas and they both told me that it would be that we get married and then file the K-3.

[suz288]

I wrote the ACLU because I think us girls are being discriminated on in Guyana. I now know of three girls - including myself - who's fiance have been denied for a fiance visa. All in the last year. All in the last year, every man that filed for his wife/fiance in Guyana got through. And all three of us girls were told by our interviewing consular that we will get screwed because these guys just want to come to the US. One of the girls lived with her fiance for two years! IN GUYANA!

[suz288]

Well Munesh got the package from the embassy today. They returned all the cards and pictures. I'm not exactly sure what the letter said cuz he couldn't find it - his mother put it away. Anyway, I'll know tomorrow. And now I know the file is on its way back to the USA. When it gets here I will see what I can do.

[suz288]

who is the consul general in guyana?

[suz288]

I can't seem to find out anywhere online if a marriage certificate from Guyana is valid in the USA - would anyone know? Aamir?

[suz288]

Guyana is an eglish only speaking country. I don't think we can have the consulate notarize our marriage license - they aren't really allowed to have anything to do with the marriage itself. How would I get that done?