Story of Kshatriya

[kshatriya 0]

They pretty much harressed my Fiance to sign a document that states that we are married, which we are not yet.

When she arrieved they took the check and medical reports and made her wait for her turn. She was interviewed my Indian officer and wanted to know if the picture I submitted with I-129F had 'taali' (marriage knot), my fiance denied it. Then they did the Good Cop-Bad Cop thing, good being the indian office, bad being the American officer, Didnt let her explain or talk (FOX news tactics, cut the mic when you speak), but gave her options either to accept or your visa will be denied and she can't enter US for rest of her life, which is plane BS. She was told to apply for K3 by the indian officer.

My fiance panicked and gave it in writing that we were married on my second visit to India and was given 221(g).

The only regrett is that, I should have been with her in the interview.

Now my only option is to file for K3 visa, which I'm in the process of doing it.

I'm leaving US in end of May for couple months to be with her, would defintely visit Chennai consulate and ask for a explanation and may be launch a complaint at Human Rights Commission.

Lesson learned, that American Citizens are Second Class citizens to people who come here on H1b (Corprate Sponsered work visa), where they get dependent visa in 15 days, where as we have to wait for 6-9 months and get denied for something that is so stupid as this case.

Its a waste of my time, I cann't get this years back...............what a waste!!!!!!!

Your suggestions are welcome..............

[brnidokiegurl 0]

I would talk to a lawyer and in the end if you (are married) do the cr1

[Minya's wife 25]

She was interviewed my Indian officer and wanted to know if the picture I submitted with I-129F had 'taali' (marriage knot), my fiance denied it.

Are you married, or not? If you are not married, your fiancee would have no cause to deny anything. If you are married, then a fiancee visa is not the visa for you. On the other hand, if you had some sort of ceremonial "engagement" party(not legally binding, just cultural) and submitted photos of that...the problem could stem from there. Best advice here on VJ is that if you have any kind of ceremony....do not include photos of it in your petition, and do not take those photos to the interview. It raises more questions that necessary and can be a cause for concern and trigger such a situation as yours.

Just FYI, before you proceed. Find out what is the final disposition of your petition and resulting visa application. I know they made your fiancee sign a paper admitting your married....but where is your petition? You cannot and should not file a new petition of any kind until your previous one is deemed DENIED by the Service Center, WITHDRAWN by the petitioner or it EXPIRES.

-P

[kshatriya 0]

We are not married.

Here is the 221(g)

[brnidokiegurl 0]

if you are not married then speak up thru your congressman or a lawyer etc and do it before this gets returned. It says you REQUESTED it to be withdrawn, whatever the case do it quickly and try to get it kept there, if your not married your not married so speak up to them quickly

[Zee Bee 61]

I hope you get this resolved soon.

[Minya's wife 25]

They pretty much harressed my Fiance to sign a document that states that we are married, which we are not yet.

When she arrieved they took the check and medical reports and made her wait for her turn. She was interviewed my Indian officer and wanted to know if the picture I submitted with I-129F had 'taali' (marriage knot), my fiance denied it. Then they did the Good Cop-Bad Cop thing, good being the indian office, bad being the American officer, Didnt let her explain or talk (FOX news tactics, cut the mic when you speak), but gave her options either to accept or your visa will be denied and she can't enter US for rest of her life, which is plane BS. She was told to apply for K3 by the indian officer.

My fiance panicked and gave it in writing that we were married on my second visit to India and was given 221(g).

Why would your fiancee panic, if everything was legit? She is an unmarried woman, applying for a fiancee visa to come to the US and marry you, period. Why would she write and sign anything that stated that you married when you were not? This can be a messy issue, because if you are NOT married in any legal sense, she can and has misrepresented herself by signing a document that states you are married.

According to the 221g letter you just posted, your fiancee was DENIED the visa and the petition is being sent back to USCIS w/ a recommendation for REVOCATION.

As you have stated that you're not married, the I-129F is the only visa option for you....so it is in your best interest to make sure that they do not send the petition back to the US. Follow brnd's advice....get your congressman/senator involved. Try to prevent the petition

Lesson learned, that American Citizens are Second Class citizens to people who come here on H1b (Corprate Sponsered work visa), where they get dependent visa in 15 days, where as we have to wait for 6-9 months and get denied for something that is so stupid as this case.

Also, it would be best if you stop blaming the consulate, and concentrate on how to fix the problem. It sounds like your fiancee was unprepared for the interview, plain and simple. It is the consulate's job to ascertain every applicants eligibility for the visa they've applied for and also the consulate's job to verify that everything stated by the petitioner and visa applicant is true. They are given somewhat of a latitute as far as how they conduct their 'investigation' before they make a visa decision.

Its a waste of my time, I cann't get this years back...............what a waste!!!!!!!

It is not a waste...since this is the visa option that best fits your needs. Look at this as a setback or roadblock to overcome. But first you must understand what it is that was misinterpreted. Why would the consulate think you're married if you're not....and why on earth would your fiancee actually sign something to that effect? Once you know where the mistunderstanding occured....contact the consulate via phone or e-mail if possible and explain to them the situation. Perhaps you can get a chance to better explain w/ a second interview meaybe. I would also contact your sendator/congressman and have them inquire on your behalf.

-P

[kshatriya 0]

Paula&Minya no offense, you know USA/Hungry, you dont know things that go in third world countries..............

Dont blame you but you won't understand.

I asked for suggestions, specailly from people who were concerned about me and please don't be judgemental and patronize me, take it easy.

I had to vent, if you have a problem with that then you are the wrong guy to read this post, dont even reply to this post, its for people who care about each other, even if they dont know the situation.

[brnidokiegurl 0]

Do not spend time complaining with this you have to act fast im not from your embassy either but i know how returns work. For some reason it sounds like your requested it to end....if they say your maried have them show where it was recorded as a marriage...get the senator involved, have your friends and family who know or attended the engagement party to write letters for you saying this....and u need to do it today...if it gets sent back its pretty well either held for months before they even look at it or it expired but try to get it held there. Many are getting second interviews lately..

[Minya's wife 25]

Paula&Minya no offense, you know USA/Hungry, you dont know things that go in third world countries..............

Dont blame you but you won't understand.

I asked for suggestions, specailly from people who were concerned about me and please don't be judgemental and patronize me, take it easy.

I had to vent, if you have a problem with that then you are the wrong guy to read this post, dont even reply to this post, its for people who care about each other, even if they dont know the situation.

None taken, but also please give me some credit. My fiancee was issued a 221g, in Hungary....so I know a little bit about it...and I know a little about the interview tactics used. What you wrote rang a bell, except that my fiancee stood his ground when they tried to badger him. I made sure of grilling him absolutely....so that he would not get nervous or panicy or anything. I am trying to assist you w/ suggestions, as best I can, because I am concerned about you.

I understand your need to vent...but blaming the consulate will not get you anywhere. You need to act fast so that your petition is held there at the consulate and not returned to the states.

If it is returned...the petition will just linger w/ no action until it expires....and you cannot file a new petition until you're notified that the old one is 'closed out' so you'll be stuck in limbo-land. Plus, since you say you're not married...a new fiacee visa petition is the only option you have. (Unless you return to your home country, get married legally and start the spousal immigration game). Either way, if you get to the interview stage, the results of your first visa interview will be looked at, and the second interview will also be scrutinized on that basis.

Please do not think I'm being harsh...I'm jus trying to help you understand, that this is not a small snafu, but it is entirely fixable once you act fast.

-P

[maya62 7]

Kshatriya,

I agree with brnidokiegirl, you have to act fast if you want to try to turn this around. Please see the link provided to Sauron's story, in your other thread. Please read his story carefully. Then, I don't know if this will help you, but this is the way to find the USCIS appeal I referred him to:

Go to:

http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp

choose Administrative Decisions after August 1, 2000

choose D6 Fiancyes and Fiancys of US Citizen (K-1)

choose 2003

choose apr2203_01d6101.pdf

The critical paragraph (imho) is near the end:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.

I wish you luck.

Maya

And may I say, it sounds like USC K1 petitioners might consider warning their fiance(e) about the possibility of this happening during their interview, and telling their Indian fiance(e)s not to sign something that says you're married if you are, or believe you are, in fact, not married! Or they could just say something to this effect: "My understanding to the best of my knowledge is that I am not married under Indian law." It seems they are being bullied into guessing at their marriage status in the eyes of the law when they don't know what the law is! Just my $.02

This stuff makes me so angry!

[Kamaboko 0]

i am sorry Kshatriya for what happened to you and ur fiancee. But i really hope u will follow ur case to your senator/congressman. i would not let it happen that they made ur fiancee confess that u were married in spite the fact u were not legally married. she was intimidated and given no choice, i can see that. pls fight for that. But if filing k3 seems to be ur best option, then go for it.

good luck to you!

[bengalilover 0]

Maya62: that link is not working. Could you repost?

Kshatriya: I am sorry to hear your story. Please speak to a lawer immediately. St Louis has few good lawer.

[w¡n9Nµ7 §£@¥€r 123]

kshatriya,

This is the oldest trick in the book with Indian K1 applicants. You sound as if you nor your fiancee were prepared for this. That was mistake #1.

Due to the complexities of Hindu marriage law in India, you do not need to register a Hindu ceremony to be legally married. You only need to complete the rituals as described in the Hindu Marriage Act.

The common fraud many Indian K1 applicants attempt to do is have a religious ceremony and not register it. They are married in the eyes of their families (and by law) but as no marriage certificate exists, they apply as if they're engaged and not married.

Out of curiosity, did you or did you not get married by Hindu rites? Did you do the pheras? etc.

Edited April 14, 2008 by VJ Troll

[kshatriya 0]

I didnt get married in any tradition, not pheras or mangal sutra or taali, what ever they call it in diff parts of India.

I just got a indian traditional engagement, thats it.

The officer clearly stated to my fiance that I should apply for K3 and prob that what I'm going to do. I want to fight but not this time, gotta pick my battles. Will go there get married, register it and apply for K3 or DCF (if I can find a job)

This process has already tolled on me, not ready for another long wait of uncertainity (revoking of K1 or Contacting Congressman etc.)

If you want to follow my advice for once it will be, be with your fiance @ the interview, specially if its in INDIA.

Paula&Minya, my apologies that I snapped, hope you understand........