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K-1 visa under 221(g)

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Filed: K-1 Visa Country: India
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Hello VJ members,

My fiancée had an interview for her K-1. She was put under 221(g) after 7 rounds of interviews. They were keep coming back and telling her that we are already married. Every time she told them we are not married we are just engaged. Truthfully we are NOT married. We want to get married when she is here in US. The paper that they gave her does not have anything but a check mark next to 'Under processing', no other reason was given. I already lost my first wife to sudden death. I fill same pain right now that even though we are honest we are being penalized. There is same silence in my house right now when I lost her. All they told my fiancée that it is under process and they will contact her when it is done.

If I was married to her why would I have gone through THIS grueling process? I would have filed regular I-130. It did not save me any time or money. I fill like I am betrayed by my own country. Yes, I am US citizen and my fiancée is Indian citizen. Truly right people always have to suffer the most.

I need help from other VJ members on how I prove that we are not married. How do I prove something that did not happen?!! We had whole bunch of other evidence from call logs to photo albums. They did not look or checked any.

Please guide us and pray for us.

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Filed: Citizen (apr) Country: Argentina
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I'm sorry you are going through this. Proving that you are single is one of the hardest things to do.

How did the COs come to the conclusion that the two of you were married? Was it something they asked? Did you show any pictures of n ceremony that may have been perceived as a wedding?

**Moved from K1 to AP (221g)

Edited by Celeste & C
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Filed: K-1 Visa Country: India
Timeline

Hello VJ members,

My fiancée had an interview for her K-1. She was put under 221(g) after 7 rounds of interviews. They were keep coming back and telling her that we are already married. Every time she told them we are not married we are just engaged. Truthfully we are NOT married. We want to get married when she is here in US. The paper that they gave her does not have anything but a check mark next to 'Under processing', no other reason was given. I already lost my first wife to sudden death. I fill same pain right now that even though we are honest we are being penalized. There is same silence in my house right now when I lost her. All they told my fiancée that it is under process and they will contact her when it is done.

If I was married to her why would I have gone through THIS grueling process? I would have filed regular I-130. It did not save me any time or money. I fill like I am betrayed by my own country. Yes, I am US citizen and my fiancée is Indian citizen. Truly right people always have to suffer the most.

I need help from other VJ members on how I prove that we are not married. How do I prove something that did not happen?!! We had whole bunch of other evidence from call logs to photo albums. They did not look or checked any.

Please guide us and pray for us.

This is a true heartache given by Embassy. I feel sorry for your situation.

Where she was interviewed? New Delhi/Mumbai??

If she was interviewed at New Delhi, be prepared to get calls on parents phone number from Embassy.

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Filed: K-1 Visa Country: India
Timeline

Thanks for quick reply.

I am not sure how it came that we are married not engaged. She did carried an album of photos along with some other additional photos. The album was not that big. It was a book style album with about 15 some pages of pictures. She was interviewed at Mumbai consulate by few different CO at the window as well as in special cabin. However, she was firm on her answer that we are only engaged not married. They did not return any of her original documents that were submitted at VFS. They gave her passport back and letter for 221(g) and said it is under processing and they will contact her when it is done.

I was planning to have her cousin who performed the ceremony do the affidavit along with priest who did actual rituals and a close friend of mine who was also in attendance. Three affidavits from three individuals who were involved in engagement ceremony. Will that help?

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Filed: AOS (pnd) Country: India
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I am sorry this happened to you. Was the engagement ceremony big ? Did u guys go on a vacation ?

Dont worry , they did not deny u ... I feel the pain since i also got the 221g , I used to call DOS everyday and see if i can get an updated status.

All the best

I-129F process (K-1 visa):

07-21-2011 Applied

07-26-2011 NOA1 receipt

01-05-2012 NOA2 received, approval I-129F

01-11-2012 NVC Received

01-12-2012 NVC Left

01-24-2012 Consulate Received

02-08-2012 Packet 3 Received

03-26-2012 Packet 3 Sent

03-27-2012 Packet 4 Received

05-07-2012 Interview Date, approved

05-16-2012 Received K-1Visa

05-29-2012 Arrived in U.S.

AOS/EAD/AP (Adjusting from K1 Visa):

05-31-2012: Wedding

06-07-2012: Filed AOS/EAD/AP

06-11-2012: AOS/EAD/AP NOA1

07-10-2012: Case Transferred to CSC

07-20-2012: Biometrics Appt/Case received by CSC

08-15-2012: EAD/AP Approved

08-23-2012: EAD/AP Combo Card Received

01-07-2013: 1st Service Request ( Outside Processing Time )

02-24-2013: 2nd Service Request ( Outside Processing Time )

03-22-2013: AOS Approval without Interview

03-27-2013: Greencard Received

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Filed: AOS (apr) Country: India
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I been seeing this that everyone in india going through the AP process...sometimes i think they just have to give you the reason for that, so they just find something that is so small and make it so big out of it...(only my feelings)

Truly right people always have to suffer the most

you are so right here...someone else also said that most of the love marriages or love engagements in India have to suffer the most...they are also strict with them...n yes be ready for the phone calls at your parents house...

In your situation they maybe thought that you guys are married because maybe you guys had a nice engagement ceremony(which most Indian families do..looks like a marriage),. but if the CO was India then he/she should know all this..

Anyways ....good luck for everything...just keep faith ..

This is a true heartache given by Embassy. I feel sorry for your situation.

Where she was interviewed? New Delhi/Mumbai??

If she was interviewed at New Delhi, be prepared to get calls on parents phone number from Embassy.

:thumbs:

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Filed: Timeline

Thanks for quick reply.

I am not sure how it came that we are married not engaged. She did carried an album of photos along with some other additional photos. The album was not that big. It was a book style album with about 15 some pages of pictures. She was interviewed at Mumbai consulate by few different CO at the window as well as in special cabin. However, she was firm on her answer that we are only engaged not married. They did not return any of her original documents that were submitted at VFS. They gave her passport back and letter for 221(g) and said it is under processing and they will contact her when it is done.

I was planning to have her cousin who performed the ceremony do the affidavit along with priest who did actual rituals and a close friend of mine who was also in attendance. Three affidavits from three individuals who were involved in engagement ceremony. Will that help?

One thing I have learned from this forum is to never give the CO any opportunity to view a Fianceee as a Wife.

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Filed: IR-1/CR-1 Visa Country: India
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I would try getting a No Objection Certificate from your local government office or an official document from the Registrar's office showing that there is no current marriage certificate on file for you.

They may also want to see the death certificate for your first wife. (I'm sorry for your loss)

Anything official from the US that you can supply would go a LONG way with these Embassy's here in India.

I'm so sorry you are having to go through this. Good luck!!

08/2007 - Met at work

10/2007 - Started chatting

05/2008 - He was back in USA for work

07/2008 - Started dating

01/2009 - ENGAGED!

07/2009 - Convinced his family for our Marriage

08/2009 - MARRIED!!

10/2009 - Moved to India

02/2011 - My Father diagnosed with Cancer (since Recovered)

08/2011 - Filed for I-130 during trip to US, hired Lawyer.

08/22/2011 - NOA1.

02/2012 - Still waiting for NOA2 Approval

03/06/2012 - I-130 Approved!!!! Thank you GOD and USCIS!!

05/09/2012 - AOS and DS-230 Checklist from NVC.

05/31/2012 - AOS and DS-230 sent together to NVC.

06/13/2012 - Email from NVC RFE for AOS documents already sent????

07/13/2012 - ANOTHER Email from NVC RFE for AOS documents already signed!!!

8/6/2012 - Packet 4 Received! Interview date assigned!!

9/28/2012 - Immigration Interview - APPROVED!!!

Nnqmp5.png

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Filed: AOS (pnd) Country: Philippines
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I know somebody who was also asked over and over again if they're married cause of the pictures on their engagement ceremony...they got approved! don't worry, as long as you are not married there will be no problem. it's just a pain to wait again.. just pray and hope for the best. this is just one of the many trials that will keep u both stronger! be positive!

There are only two ways to live your life.
One is as though nothing is a miracle.
The other is as though everything is a miracle.

Our K1 Visa Journey
California Service Center
07/13/12 - I-129F Sent
07/18/12 - NOA1
10/29/12 - NOA2
11/02/12 - NOA2 hard copy
11/05/12 - NVC Received
11/06/12 - MNL Case Number Assigned
12/17-18/12 - Medical Exam
12/27/12 - Interview Day
12/27/12 - CFO done

01/13/13 - Visa On Hand

02/28/13 - POE

04/19/13 - Wedding Day

Till I Found You

My Interview Experience

AOS

National Benefits Center

05/28/13 - I-485/ I-765 Sent

06/04/13 - NOA

06/27/13 - Biometrics Appointment

07/16/13 - AOS status: Ready for Testing and Interview
07/25/13 - AOS status: Scheduled Interview on August 26, 2013
07/29/13 - EAD status: Card Production
08/02/13 - EAD Card Mailed
08/05/13 - EAD Card Delivered
08/26/13 - AOS Interview (Approved)
08/26/13 - AOS status: Permanent Resident Status Registered
08/29/13 - AOS status: Card Production
08/30/13 - AOS Card Mailed
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Filed: AOS (pnd) Country: Taiwan
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Gosh, some places they deny you if you didn't have an engagement ceremony...and now you are penalized since you guys did an engagement celebration...how frustrating!!! Feel you pain, but hang in there.

event.pngevent.png

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Filed: Other Country: India
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1. I am sorry for your loss of your wife.

I AM NOT JUDGING YOU, I am just stating facts based on history of looking through the cases.

2. Now, these VISA issues.

To get the K1 visa after going through the loss or divorce is very hard.

The Emabassy is always give hard time to 85% of the cases (where no party has a loss or divorce, they are looking for immigration benefits first time).

Your case has red flag like your loss of first wife. In there eyes, this is second time you are marrying.

I am sorry to say that...But may want to get married and apply I130. (Even if you are married and file I130, they can still give hard time to her during interview process, I have recommended couple of people to get NO Objection Certificate from Embassy "US citizen married to Indian Citizens in India", Embassy has a standard document for it).

K1 visa petition may be getting expired soon too.

SORRY, I want to just state the reality of these kind of cases.

Edited by Deep2009
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