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K1 Denied - Please Please HELP!!!

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Filed: K-3 Visa Country: India
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PLEASE HELP!!! PLEASE HELP!!!

I am using my brother’s account. So please ignore any footnotes/dates/signatures.

Our K1 was denied at Mumbai consulate last week and now I am heath-broken. It was denied b/c they thought “proof of relationship” was not strong enough and they needed more evidence. They gave her one year to submit more proof or the file will be cancelled. Please recommend something to me.

Below is the quick summary.

I am single and my fiancée is divorcee.

Referral: August 14th, 2007 (Phone and Email conversations started)

Met Via: Family Friend

First Met(person): 10th December 2007

Engagement: 14th December 2007

Return to USA: 24th December 2007

I-129F Filed: 4th January 2007

Her Interview: 22st July 2008

We submitted following documents for the “proof of relationship”:

1) Engagement Ceremony photographs of us and family members

2) Phone call lists

3) Email lists

4) Online chat conversations

5) Personal photos with each other

6) Greetings cards sent to each other

7) Ring, restaurant, shopping receipts

8) Boarding pass for my trip to India

Due to this, I am going to India on the 5th and coming back on the 21st. Our plan is to spend more time together, take more pictures with the family. Once I return, we will re-submit the file.

We contacted the lawyer and he also recommended the same thing.

My questions are:

1) Can I call NVC or DOS here and ask them what I should do and why I was denied?

2) Has anyone been though this and how did you deal with it?

PLEASE HELP!!!

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Filed: Citizen (apr) Country: China
Timeline

Sounds like it was not Denied, they want overcome evidence is all. A denial results in the petition being returned to the USA.

Give them additional evidence.

Sometimes they just want more time to review the case.

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Just a thought, you filed a fiance petition about 3 weeks after you met. Did you include much evidence of your relationship as ongoing after you returned to the US? It seems as though they don't believe it is a legitimate relationship for some reason. You will probably be better off lettting some time pass before you submit more evidence. Show that the relationship is ongoing. You got denied on the 22nd of July, go to visit August 5th, come home the 21st and re-submit as soon as you get back. Too quick. Let some time pass, IMHO.

R.I.P Spooky 2004-2015

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Filed: Citizen (apr) Country: Colombia
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This happens in the US embassy in Bogotá all the time and all they have to do is call back the embassy, make another appointment and bring more evidence. Some times the SO goes along for the second interview.

They're all approved after the second interview once they bring in what the consul was requesting.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: AOS (apr) Country: Germany
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From what I've read around VJ, you should have received a letter stating why she was denied at the consulate. Did they want more evidence of the overall relationship or of an ongoing one?

What I'd recommend is that you gather your evidence you submitted originally with the I-129F (what you listed), and go to the next interview WITH her while you are there. That should provide all the proof they need. Don't wait until you return to do it again.

K-1 Timeline

05/14/08 Engaged on my last day while visiting Bremen

07/03 Mailed 129f package

07/24 NOA1

12/05 NOA2

12/27 Packet 3 received

01/19/09 Medical in Hamburg

03/24 Successful interview at Frankfurt

03/31 Visa received

07/09 POE Salt Lake City

AOS/EAD/AP Timeline

08/22/09 Mailed package

08/28 NOA1

10/28 Biometrics completed; EAD card production ordered

11/07 EAD arrived

12/14 Successful AOS interview in Seattle

12/28/09 Greencard arrived

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Calling NVC or DOS will be of no help at this time. If you think you need further clarification of what further evidentiary proof is required, you may try and contact the consulate directly. You were not denied per se. The consular official who interviewed your fiancee wants further evidence of the bona-fide of your relationship. Go visit again as you plan, gather more evidence and send it in. They will then re-evaluate your visa application based upon the new evidence.

Good luck,

-P

funny-dog-pictures-wtf.jpg
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Just a thought, you filed a fiance petition about 3 weeks after you met. Did you include much evidence of your relationship as ongoing after you returned to the US? It seems as though they don't believe it is a legitimate relationship for some reason. You will probably be better off lettting some time pass before you submit more evidence. Show that the relationship is ongoing. You got denied on the 22nd of July, go to visit August 5th, come home the 21st and re-submit as soon as you get back. Too quick. Let some time pass, IMHO.

We submitted following documents for the "proof of relationship":

1) Engagement Ceremony photographs of us and family members

2) Phone call lists

3) Email lists

4) Online chat conversations

5) Personal photos with each other

6) Greetings cards sent to each other

7) Ring, restaurant, shopping receipts

8) Boarding pass for my trip to India

Its not about relationship legitimacy. The consular official cannot cannot decide whether the relationship is legitimate or not. The CO can only refuse to issue a visa, he cannot judge the relationship itself. By approving the K-1 visa petition it is USCIS that states in effect that the relationship is legitimate enough to be eligible for the fiancee visa. At the visa application stage the beneficiary is not proving the legitimacy of the relationship, they're showing with evidence that yes indeed the fiancee relationship exists and is ongoing. (just a point of clarification.)

Sounds like the OP submitted evidence of ongoing relationship....but you may be right in that the consular official (CO) felt that it was not enough evidence(i.e. more time needs to pass in the ongoing relationship and more evidence needs to be presented.)

The OP has the right idea, another visit, more photos, phone calls, e-mails and cards need to be gathered during this next month and all that can be re-submitted to the consulate.

-P

funny-dog-pictures-wtf.jpg
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Just a thought, you filed a fiance petition about 3 weeks after you met. Did you include much evidence of your relationship as ongoing after you returned to the US? It seems as though they don't believe it is a legitimate relationship for some reason. You will probably be better off lettting some time pass before you submit more evidence. Show that the relationship is ongoing. You got denied on the 22nd of July, go to visit August 5th, come home the 21st and re-submit as soon as you get back. Too quick. Let some time pass, IMHO.

We submitted following documents for the "proof of relationship":

1) Engagement Ceremony photographs of us and family members

2) Phone call lists

3) Email lists

4) Online chat conversations

5) Personal photos with each other

6) Greetings cards sent to each other

7) Ring, restaurant, shopping receipts

8) Boarding pass for my trip to India

Its not about relationship legitimacy. The consular official cannot cannot decide whether the relationship is legitimate or not. The CO can only refuse to issue a visa, he cannot judge the relationship itself. By approving the K-1 visa petition it is USCIS that states in effect that the relationship is legitimate enough to be eligible for the fiancee visa. At the visa application stage the beneficiary is not proving the legitimacy of the relationship, they're showing with evidence that yes indeed the fiancee relationship exists and is ongoing. (just a point of clarification.)

Sounds like the OP submitted evidence of ongoing relationship....but you may be right in that the consular official (CO) felt that it was not enough evidence(i.e. more time needs to pass in the ongoing relationship and more evidence needs to be presented.)

The OP has the right idea, another visit, more photos, phone calls, e-mails and cards need to be gathered during this next month and all that can be re-submitted to the consulate.

-P

In a way the CO is making a judgement about the relationship, he didn't issue the visa. He didn't feel that there was enough proof of a relationship, hence the visa denial until more evidence is submitted.

R.I.P Spooky 2004-2015

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Filed: K-3 Visa Country: India
Timeline

thanks everyone.

sorry was using the word "denied". it is actually not denied. they need more evidence of ongoing relationship.

Lawyers are also telling us to write more personal letters, lots of emails, phone calls. they also mentioned that one more trip would really make the case stronger.

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Filed: Citizen (pnd) Country: Canada
Timeline

put picture with you both and friends/family

but damn from my point of view you already have a lot of evidences.

Removal of conditions

01.11.2011 Remove conditions GC I-751 ($590)

01.18.2011 NOA1

02.24.2011 Biometric

03.25.2011 Approved

03.28.2011 Notice sent

03.31.2011 Received new green card (and it's green !)
 

AOS/EAD/AP from K1

07.23.2008 Send AOS/EAD/AP

07.29.2008 Check cashed

08.01.2008 NOA1

08.08.2008 Biometric Notice received

08.21.2008 Biometric Appointment

09.22.2008 Approval notice sent for AP (CRIS email)

09.22.2008 Card production ordered for EAD (CRIS email)

09.25.2008 Card production ordered for EAD (CRIS email) and a couple of touch since (last one 09.30.2008)

09.27.2008 Reception AP

10.02.2008 EAD Received

02.23.2009 Notice for interview (1.5 month late compared to LA statistics)

03.16.2009 AOS Touch

04.01.2009 Interview in LA  // Approved 

04.06.2009 Welcome to the USA Letter

04.13.2009 Reception GC

Naturalization
06/2016 Request
03/2017 Interview

Almost at the end !

 

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Filed: Citizen (apr) Country: Colombia
Timeline

I was thinking the same thing. You broght in more stuff than we did.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: K-3 Visa Country: India
Timeline

i also believed that we submitted more then most people out there. it is possible that length of the relationship is the issue. everything happened really fast.

shes been thought a bad relationship once already. may be, they are looking at that as well.

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Filed: Citizen (apr) Country: Ireland
Timeline
i also believed that we submitted more then most people out there. it is possible that length of the relationship is the issue. everything happened really fast.

shes been thought a bad relationship once already. may be, they are looking at that as well.

If the bad relationship had her apply for a US visa then yes, thry might be looking at you two more closely, but it shouldn't cause a denial, as you have so much good evidence.

Good luck!

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

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