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I feel like I have just been hit with a ton of bricks :(

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Filed: IR-1/CR-1 Visa Country: India
Timeline

New day, and I have only cried once in the hour and a half I have been awake. A lot better than the turmoil I was in yesterday. In a way, I feel like closure has come. I know that I still have to wait until everything is said and done with on the original K1, I have talked it over with my SO and we believe that the CR1 route will be our next step if things don't work out in our favor. The main reason is because I heard the CR1 does not expire while waiting for embassy approval. That knocks out one excuse for our original denial. As for the relationship proof, I am still thinking about a trip for my April birthday where we can take more pics. Of course we will continue to talk on the phone, email, and chat online, he is my rock. This time around we will make sure to keep all receipts. We bought each other gifts while we were there, he bought me jewelry, and i bought him shirts, but neither of us kept the receipts, so that is another change. We will probably have a civil wedding there, and a religious wedding when we get here. My mom had me going wedding dress shopping for at least 2 months straight, now I am glad I didn't buy one. Maybe I will give my flower girls their dresses I purchased for Easter, who knows, too pretty to take back to the store, with such a good sale ($20 a piece from JCPenney's, lol). I have already bought flowers for my bouquet (good thing they are fake ;) ) for my best friend to make. I had one a free wedding night at a hotel, just made sure a second ago that it doesn't expire :dance: . Thanks for your help, and it is because of Manish, and you all that I was able to calm down. I am not saying I no longer need advice, I am sure I will always. I am also not saying it is not going to be a difficult journey ahead and my tears have all dried up, but I think we will make it. Maybe I will be able to eat something, and sleep tonight.

"A journey of a thousand miles begins with one single step." - Lao-tzu (604 bc-531 bc)

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

i just left a message for the person at the diplomatic pouch, i guess steve is no longer at that number. let's see what happens.

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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New day, and I have only cried once in the hour and a half I have been awake. A lot better than the turmoil I was in yesterday. In a way, I feel like closure has come. I know that I still have to wait until everything is said and done with on the original K1, I have talked it over with my SO and we believe that the CR1 route will be our next step if things don't work out in our favor. The main reason is because I heard the CR1 does not expire while waiting for embassy approval. That knocks out one excuse for our original denial. As for the relationship proof, I am still thinking about a trip for my April birthday where we can take more pics. Of course we will continue to talk on the phone, email, and chat online, he is my rock. This time around we will make sure to keep all receipts. We bought each other gifts while we were there, he bought me jewelry, and i bought him shirts, but neither of us kept the receipts, so that is another change. We will probably have a civil wedding there, and a religious wedding when we get here. My mom had me going wedding dress shopping for at least 2 months straight, now I am glad I didn't buy one. Maybe I will give my flower girls their dresses I purchased for Easter, who knows, too pretty to take back to the store, with such a good sale ($20 a piece from JCPenney's, lol). I have already bought flowers for my bouquet (good thing they are fake ;) ) for my best friend to make. I had one a free wedding night at a hotel, just made sure a second ago that it doesn't expire :dance: . Thanks for your help, and it is because of Manish, and you all that I was able to calm down. I am not saying I no longer need advice, I am sure I will always. I am also not saying it is not going to be a difficult journey ahead and my tears have all dried up, but I think we will make it. Maybe I will be able to eat something, and sleep tonight.

"A journey of a thousand miles begins with one single step." - Lao-tzu (604 bc-531 bc)

I am glad you're feeling better, but I still want to clarify one point. The K1 petition's validity was not extended simply because the consular officer did not feel your relationship was valid - making the fact that your petition approval had expired somewhat moot. While a CR1 may not have this 'hurdle' to overcome at the consulate, the

I 130 will still need to be approved by the USCIS, which will be more difficult given the current circumstance with the K1. You will have to overcome the belief (unfortunately now established on record) that your relationship is not valid, regardless of the visa type you petition for.

Hopefully, your immigration attorney is well versed in such matters and will know what steps you should take next. Heed that advice and do whatever he/she recommends.

Best of luck to you - hope you have a happy 2009!

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Filed: Citizen (pnd) Country: Morocco
Timeline

The reason I am adament that you find out first that the I-129f for the K-1 has actually expired is because of another couple I just read about that the service center choose not to expire. They got married and filed the I-130 and it was denied. Here is the link.

http://www.visajourney.com/forums/index.ph...p;#entry2504274

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Yeah, we are going to wait, maybe a couple of years. I am going to apply for a 5 year visa to India. We want to make sure all of our ducks are in a row. I have talked with Kiya, and she has given me her attorney's information. She has also suggested that I get in contact with Chi, and you, morocco4ever have come highly recommended. I told her you were helping me with this situation. I have been reading her post of trying to get the 221g denials pinned.

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Filed: Timeline

All the more reason for the USC to be at the Consulate during the interview at New Delhi. We did not have an engagement ceremony and the CO tried to slap me with the same 221g (the same reasons that You mentioned). Thankfully Daniel was there and he demanded to talk to a Supervisor and American. They finally took all my papers back (all the papers they said we did not have and even the 221g) and gave me a visa in 48 hrs.

I hope things work out for you two. All the best!

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Filed: IR-1/CR-1 Visa Country: India
Timeline
still hoping things are making progress on your end (F)

Thank you, Sandrila. I am still waiting. I tried contacting the embassy to see if I can schedule an interview during my stay. I am very happy to report I have my tickets and will be with him for 10 days over Valentines. I am soooooo excited. We will never go 16 months again, I think that was the hardest part. I will keep you posted. Thanks for your concerns :blush:

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Filed: Citizen (apr) Country: Ecuador
Timeline
All the more reason for the USC to be at the Consulate during the interview at New Delhi. We did not have an engagement ceremony and the CO tried to slap me with the same 221g (the same reasons that You mentioned). Thankfully Daniel was there and he demanded to talk to a Supervisor and American. They finally took all my papers back (all the papers they said we did not have and even the 221g) and gave me a visa in 48 hrs.
Daniel & Parul's story is quite inspirational, and their personal help gave me strength and solace when I was being so thoroughly hosed by the rogue, ####### consulate in Guayaquil, Ecuador (which New Delhi seems to be emulating). I remain forever grateful to them, si man. :) Be strong and persist, and you too can likely get through this.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Other Timeline

*winces*

I really hate to see wording like 'rogue' and 'ba$tard' applied to the consulates.

I realize we went through London and didn't have to go through what many of you did. I realize that some consulates apply pressure to visa beneficiaries that many of you consider unnecessary. And I realize there are some cases of CO's just generally being a butt.

Consulates are aware of the societal norms of the people in the nation wherein they are located. They are also aware of the level of visa fraud which is attempted within their doors. So (for example) if an engagement ceremony is VERY TYPICAL in a loving, bonafide relationship, they actually have every right to question the legitimacy of a relationship wherein an engagement ceremony did not take place. If there is a history of visa applications at that consulate of "marriages for benefits" that consulate may prefer to see the visa petitioner at interview alongside the applicant.

I'm not trying to start a fire here - I'm just pointing out that it's imperative for applicant and petitioner to assess the situation at their consulate and plan accordingly prior to the interview. Truly legitimate relationships can "pass the test" at even the most difficult consulate.

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Filed: IR-1/CR-1 Visa Country: India
Timeline
*winces*

I really hate to see wording like 'rogue' and 'ba$tard' applied to the consulates.

I realize we went through London and didn't have to go through what many of you did. I realize that some consulates apply pressure to visa beneficiaries that many of you consider unnecessary. And I realize there are some cases of CO's just generally being a butt.

Consulates are aware of the societal norms of the people in the nation wherein they are located. They are also aware of the level of visa fraud which is attempted within their doors. So (for example) if an engagement ceremony is VERY TYPICAL in a loving, bonafide relationship, they actually have every right to question the legitimacy of a relationship wherein an engagement ceremony did not take place. If there is a history of visa applications at that consulate of "marriages for benefits" that consulate may prefer to see the visa petitioner at interview alongside the applicant.

I'm not trying to start a fire here - I'm just pointing out that it's imperative for applicant and petitioner to assess the situation at their consulate and plan accordingly prior to the interview. Truly legitimate relationships can "pass the test" at even the most difficult consulate.

Thanks TBone for your encouragement and Rebecca, no fire started. I can see your point, however, I still insist if this was, indeed a requirement, it should have been stated as one, which it was not. They asked for things that has never taken place (nor was it a necessary requirement) and took it upon themselves to require it. It is not stated on the Embassy's website for K1, nor is it stated on the USCIS as a requirement, or other countries would be held accountable for it also, and all consulates within the SAME country for that matter. If there is visa fraud in one area, there is bound to be fraud in another area. It seems very random to me, because even those that submitted engagement ceremony pictures were slapped in the face stating they were already married. So, again, I say it is very random. There are many reasons why a petitioner cannot be with their beneficiary at the time of interview, which is also not a requirement. But I tell you one thing, at his next interview be it a 2nd one for this petition, as I am requesting, or later when we file a CR1, I will be there no matter what. We had no red flags other than I haven't been there for so long. Neither of us were ever married before, no children, only 10 months apart in age. We talk on the phone multiple times a day since I left in October 2007. Everyday we are on chat/webcam. All of this was sent as proof of an ongoing relationship. And what do they ask? For the one thing that we did not do. And instead of looking at our explanation, attorney letter, and affidavits, that we returned 2 days after his interview, they did not look at it (if they looked at all) until Dec 17, which our petition expired on Dec 4. He had his interview on November 12. They took so long to give his interview (they had our petition since Aug 14). Which has been a complaint of the New Delhi Embassy, that they take forever to give you an interview. Then hand you a 221g stating you had a year to respond, then they close your case a month after the interview, what the heck?? So whatever their reasoning is for not thinking we were in a valid relationship is beyond comprehension :blink:

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Now that I see how long it's been since you've been there, that probably had a little bit to do with it too. I realize it is very expensive to hop on a plane and visit that far away, but they probably don't.

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Filed: IR-1/CR-1 Visa Country: India
Timeline
Now that I see how long it's been since you've been there, that probably had a little bit to do with it too. I realize it is very expensive to hop on a plane and visit that far away, but they probably don't.

Yeah, hind sight is 20/20, and i kick myself for not being there. that mistake will never happen again.

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Filed: Lift. Cond. (pnd) Country: India
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I concur that New Delhi has issues and agree with kaushalia - It makes sense that there are cultural norms they may be looking for however what does a couple do when they are in a mixed culture relationship?

Rebecca, no worries, no fire started but the amount of frustration and the time lost over the "maybe" of visa fraud for people going thru India is truly upsetting to those of us who had the proof there, in black and white, notarized, with affidavits, etc etc etc but missing parties or missing food receipts or missing pictures of rings or whatever nominal item was said during the interview.

My family would have been majorly confused if I said I HAD to have a formal Indian engagement ceremony [which would be solely dependant on the faith of the SO, the SO's family traditions, etc etc etc - they aren't the norm for all the groups in India]. Should I need to fly over family members to partake in a ceremony that would literally be a dog and pony show for pics? Why should the USC family have to abide by those norms to prove to US agency the relationship is legit if it isn't part of their own culture? And if it is the case - it should be listed - otherwise we are all just taking random shots in the dark.

As to being at the interveiw - by all means, at this point in time, I would say to EVERYONE going thru any Indian consulate - BE THERE! I had a choice - keep my job or go to the interview and I thought I was being responsible by staying and working [because we would have AOS to deal with just down the road - proof of income needed, heck just the fees to pay]. I now realize I chose the wrong option.

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Filed: IR-1/CR-1 Visa Country: India
Timeline
I concur that New Delhi has issues and agree with kaushalia - It makes sense that there are cultural norms they may be looking for however what does a couple do when they are in a mixed culture relationship?

Rebecca, no worries, no fire started but the amount of frustration and the time lost over the "maybe" of visa fraud for people going thru India is truly upsetting to those of us who had the proof there, in black and white, notarized, with affidavits, etc etc etc but missing parties or missing food receipts or missing pictures of rings or whatever nominal item was said during the interview.

My family would have been majorly confused if I said I HAD to have a formal Indian engagement ceremony [which would be solely dependant on the faith of the SO, the SO's family traditions, etc etc etc - they aren't the norm for all the groups in India]. Should I need to fly over family members to partake in a ceremony that would literally be a dog and pony show for pics? Why should the USC family have to abide by those norms to prove to US agency the relationship is legit if it isn't part of their own culture? And if it is the case - it should be listed - otherwise we are all just taking random shots in the dark.

As to being at the interveiw - by all means, at this point in time, I would say to EVERYONE going thru any Indian consulate - BE THERE! I had a choice - keep my job or go to the interview and I thought I was being responsible by staying and working [because we would have AOS to deal with just down the road - proof of income needed, heck just the fees to pay]. I now realize I chose the wrong option.

:thumbs::thumbs::thumbs: RIGHT ON, MILO, RIGHT ON!!! :thumbs::thumbs::thumbs:

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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