Fiance visa denied what is next

[Peace&Love 26]

Hello VJ people, Please help if you know what I can do next.

We had interview on Jan 21st 2014, and I thought everything went well. At the end of the interview the officer said to my fiance they will call him in two weeks, at the mean time he gave him a request form saying to bring a new police report although what they have in file was not expired, but 5 months old. My fiance followed the instructions and went and got another clear police certificate and submitted on Jan 29th. At that time they took his passport and they told him to go back on Feb 2nd. When he checked the calendar Feb 2nd that was on Sunday so he went back on 3rd which was Monday. On the 3rd he was told to go back on on the 13th of Feb. When he went the 13th, they gave him back his passport and they told him that they will give him a call when the process finished. We are not told if the case went on AP or it is not clear why they would tell him to go back and forth. After 45 days passed from our interview date, I contacted my congressman and asked to contact the Interest Section in Havana and to see where we stand? Below is the answer from the Interest section Havana:

Based on my fiance answers and evidence provided during the interview, the officer determined the petitioner and beneficiary had failed to show a bona fide relationship. Accordingly, we are returning this case to U.S. Citizenship and Immigration Services (USCIS) with our recommendation that it be revoked. Future inquiries on this matter to the USCIS National Customer Service Center at 1-800-375-5283. Be aware that it can take four to six months, on average, before the case file finishes its transit back to the USCIS Service Center that initially approved the case. Until that time, the USCIS Customer Service Center operators will not have information about the case.

We provided all communications, including Emails, phone bills, texts from both sides at list 10-5 times a day, photos. The financial documents, from pay stub to a letter from my work, tax return so on. NO documents are missing. One of the questions in the interview was what language do we use for communication. Answer was English, my fiance speak and write English, but not fluently, we can understand each other and my Spanish is not good and I told them clearly. Communication never been an issue for us. They asked how many time I visited him, one time before and now for the second time. Also as American, I can not go Cuba as much as I want and I do not want our case to be a violation of the US law. First time I went there was as a researcher legally and I have provided the prof. They didn't ask me if I went there legally, I think the reviewed the document. The other thing the officer told my fiance was, "I live in expensive city" so if I can afford it who cares. He also asked me if I live in the house or apartment. I live in the house and it is true, he asked my fiance the same question and he told him the same. We have 5months of age different not even a year. The petitioner is black women and the beneficiary is white. If is that considers wrong on the eyes of the officer, it is another case. But never been a case when 60 or 70 years old white man brings 20 years old girl from China or Thailand or else where as a fiance. In our case all we provided was based on true love.

We know we have not been treated fear, still after two months later my fiance have not gotten official letter saying the case was denied. I checked the online case status still says our case is ready for interview when appointment is made. We also know LOVE IS MORE POWERFUL than a deceacion of an officer, money and time, we will do all we can to be together. In the worst case, I will move to Havana, but financially it might not be a good choice, but again I would rather live with someone I love poorly than worry about money.

Please only answer to this post if you have experience with similar issue, or if you think it is a wise advise.

Thank you all!

[Pitaya 2,577]

~Moved form K-1 Process to K-1 Progress Forum~

~Inquiry about case-status~

[tila_vida 6]

There are others on this site who have been denied K-1 visa, and the next best thing to do is forget about the K-1 visa, go to cuba, get married and start on a marriage visa. Of all your options, this is the one that will lead you to being together the soonest.

In regards to color of skin- sure, it is possible that an immigration officer could be racist, but If you look through the cuba country portal, you will see many mixed (white and black) couples have been approved, so I don't know if that is the reason why

Since the statement says "based on your answers. . . " where there any answers at the interview that you or your fiance answering incorrectly? That can carry a lot of weight in the officer's decision.

Yes, love is more powerful, and yes, you can still be together- go get started on that marriage visa, it has a MUCH higher approval rate. And as an american who has travelled to cuba "illegally" 4 times, I think that you can visit more if you want/are financially able. I have gone through Canada and Mexico. I find Canada much easier. I was asked during our interview by the counsulate officer if I was here illegally, and I said yes, and it had no bearing on our K-1 decision. In fact, I didn't have any proof of legally being allowed to be in cuba for any of my trips, and that didn't matter in our case.

I write "illegally" in quotes, because, in fact, if you review the laws, going to cuba itself is not illegal. The embargo is enforced by the US Treasury and it is illegal to spend money in cuba, it is not technically illegal to travel there.

Best of luck

[Peace&Love 26]

Thank you for your advise,

I also found some good information on the VJ with similar cases.

I just sent an email to my congressman whom helped me to get the result of the denial answer after 52 days of our interview. I asked the congressman to contact the Interest section again and ask if our case can be reviewed by senior consular before it is returned to USCIS and if they refuse to do that at list to provide me a diplomatic pouch number that will allow me to track the case. Till today my fiance didn't get formal notice of denial or given 221(g) form or the status update has not changed, it says READY for interview.

My next step is to file a Freedom Of Information Act request for the DOS and USCIS asking for the specifically for consular notes. So, I would know what they where think was a problem in our case. I read somewhere that the same problem might come up again when applying K-3.

Yes not all officers are racist, but the officer who interviewed us seems racist. I don't understand why they made my fiance go back to the interest section 4 times after the interview, why not tell us the result the same day? Why till today my fiance didn't get official notice of denial? I know there is noting missing and all the evidences we submitted is true and based on true love and they know it. There is no more info they can ask for as all given.

Questions we answered differently. Why did I go to Cuba? my fiance answered was for visit, my answer was for research. I think the rest of the questions we answered the same. That is the only one I can think of we answered differently.

As far as a American going to Cuba, I know you can go through Canada and Mexico but if found out from others was you can get in to trouble with the law if they found out. What I followed was the General License: (To be eligible to travel on a General License for Professional Research, you must be regularly employed or actively engaged in an art, craft, technical or scholarly pursuit. Your time in Cuba consists of a full time research schedule, and your research findings must have a substantial likelihood of public dissemination). It is good to know you can go "illegally" 4 times.

Do any of you know when does the K-1 petition expire? I heard the denial applications will take 4-6 months to go back to USCIS, by that time it might expire.

Thank you VJ family for all help.

[R.bwithlove 1]

They will let it expired like my daughters petition she sent her 2nd k1 but hired an attorney and she is having our Senator helping, waiting for interview day in Cairo it's taking 4 to 5 months to get a interview

[VicMark2013 0]

Unfortunately, they most likely flagged your case as fraud. Your K1 Visa will not get approved. It doen't matter why they said "no", the fact is they did. If you want to marry him, then you will either have to get married legally in another country and document everything- every receipt, photo, boarding pass, airline ticket, hotel info... - and then begin the K3 process. That takes time, and energy. If you want to marry him, and he wants to marry you, then you have to do what it takes to overcome the 'fraud' monitor that is very high for immigrants from some countries.

Follow this flow chart- http://www.visajourney.com/content/k3flow - it will be very useful.

[Peace&Love 26]

Thank you all!

R.bwithlove, did you daughter defend the first K1 or does she have to do another one from the binging? In my case it is hard to find lawyers that have worked in a Case in Cuba. I'm not even sure how much they can help.

VicMark2013, why did you say marry in another country? Yes, we both want to get marry and that was the plane after he comes in the US with K-1. If I marry him in Cuba. Thank you for the link of the flow chart.

[R.bwithlove 1]

No, when the embassy sent it back to the USCIS they simply sent a letter stating that the petition expired and can file onother with out prejudice,so that's when the Senator sent a request to the embassy to find out why it was denied,then my daughter hired a attorney so he can addres the denial,then file a new k1. The attorney said that is harder for uSCIS to approved, but if you get approved then ones it gets to the Embassy your petition is stronger than the first one.if you decide to send onother one send as much prove of you relationship,Wedding plans, e-mail with people thatare helping you with the weeding,Deposit for church, receipt of weading gown,Photography deposit,invitation cards,affidavit of family that states that they know about you relationship how they know take it to a bank and get it to a notary and sighn, that what the attorney told my daughter to do, I know is hard to plan a weadiing with out knowing.

[R.bwithlove 1]

And e-mails, messenger or what ever you communicate with him phone record anything that can prove your relationship good luck!!!

[Peace&Love 26]

R.bwithlove,

Thank you for that information, planning a wedding will be a hard to do at this point, the one we planned had to cancelled. I even had my mother traveled from out of the county to be here for the wedding and my fiance couldn't be here. We have all the communication email, phone and text and that was submitted. We have all the copies, I have no problem providing the evidence.

Thank you again!

[R.bwithlove 1]

Did you save all the evidence from your plan wedding? If you did than that's evidence even with your moms travel is evidence that you can use to proved that there was a wedding in progress,don't give up we kno exactly how you feel,my daughter went through the same thing , they did not believed tha it was a real relationship but don't give up gather more evidence and applied again,getting marry in Cuba is your choice but you still have to prove that your relationship is real marry or with the k1.I know some people that had been denied the first time and they applied the 2nd time and they get approved,so don't give up and fight for your love!!!

[Peace&Love 26]

Yes, my mom is still here and two of my brothers came from other states. I can provide boarding pass for all with notarized letter from them. Thank you for understanding the pain we go through but, but I know we will overcome soon. Please keep me updated with your daughter progress and I will keep you updated with mine. I'm not going to give up. We will do all it takes to be together. Thank you for the support again, I hope your daughter will be approved at this time.

Peace and love to all!

[R.bwithlove 1]

You will be together because you are not giving up, and I'm glad you have this evidence of your weadding this is a strong evidence to sent, I'm hoping they will give you intent to denied,or revoke that's the time you can send this evidence, or if they send you that the petition expire you can gather as much evidence as you can , don't hold back is better more than not enough, I will keep you inform on my daughter petition. YOU WILL BE OK God bless!!!

[Peace&Love 26]

Greetings R.bwithlove,

How did your daughter got the exact note of the consulate?

I asked my congressman to request Freedom Of Information Act requesting the consulate note why they denied us. But the congressman said "Unfortunately, we are unable to provide assistance with the FOIA, as requested. We have attempted to obtain interview notes several times in the past, and the government has consistently claimed that they are prevented from disclosing these records under section 222(f) of the Immigration and Nationality Act."

I do appreciate if you can share how she got to request the note of the consulate. Thank you so much for all the help!

[Rodriguezjenn7 0]

what type of document do i provide, to prove we are actually getting married?