K1 Visa Denial at Delhi Embassy

[Deep2009 18]

One of my friend's future wife was denied K1 visa at Delhi Embassy under 221(g) INA . The reason was "petitioner and beneficiary has no valid relationship to qualify for K1 visa". It looks like they do not want to believe the supporting documents submitted.

His K1 visa petition will be returned to NVC then to USCIS. (K1 petition will be expiring in Aug 2012).

I have the following recommendations for him and he agree to it.

1. Go for marriage in India and file I130 after it and keep document for everything (including documents submitted for K1 visa)

2. Get No Objection certificate from Delhi Embassy

3. Get married in India and file I130.

Is there anything you all know he need to do for "old K1 petition" before getting married?

1. Call USCIS and do or say something for K1 petition.

2. Any other thoughts or comments?

Please respond...

[Deep2009 18]

Any one with a comment and/or suggestions... :innocent: :innocent:

[Ontarkie 14,133]

Moving to the Regional forum, you will get more help there.

[catknit 144]

If he petitioned through VSC, chances are he will hear nothing ever again about the old K1. Maybe a letter stating it has returned to VSC but no real information.

If he petitioned through CSC, chances are he will received a letter stating the case has expired and he is free to applying again.

The kicker is, neither option above really matters once he marries. The act of getting married will "kill" the K1. He is no longer legally able to pursue the K1.

He needs to have his fiancee find out what the deal is in her area about the NOC. He may not need it. Then again, he may.

Whatever mess caused the first denial needs to be cleaned up for the second case - did they have enough face time? Did they have enough family time? Anything "weird" about their case? Did he fly in on a Friday night, meet her and her family, took pics, left Monday and filed the K1 on Tuesday? Anything like that needs to be addressed.

Edited April 18, 2012 by catknit

[catknit 144]

You know, re-reading your original post it's rather strange that his 129f is valid through Aug 2012. I thought they were only valid for 120 days after the NOA2 date [or 4 months - can't remember which] - August 1st is 105 days from now...how on earth did they fly thru NVC and scheduling the interveiw????

[Deep2009 18]

You know, re-reading your original post it's rather strange that his 129f is valid through Aug 2012. I thought they were only valid for 120 days after the NOA2 date [or 4 months - can't remember which] - August 1st is 105 days from now...how on earth did they fly thru NVC and scheduling the interveiw????

I don't know it, he has told me that it is valid for year after fillings... that is Aug 2012... I don't know about K1 petition, never filled it.

He is VSC... not expecting any response... (per your post)

NOC - no objection Certificate - It is kind of a certificate for US citizens from Embassy who want to marry a Indian citizen.

Some of the marriage registrars are asking for it while registering the marriage.

You can get extra copy or make a photocopy and file it with I130 and at the end, submit it to the VFS before interview at Embassy/Consulate of USA in India.

This NOC also a record that USC came and got this (it has USC info and Indian spouse information), I heard that it helps a big way while going to Embassy visa processing after NVC closes the case and schedule interview.... It sails through Embassy without any issues.

Edited April 19, 2012 by Deep2009