Story of Kshatriya

[brnidokiegurl 0]

so now the first will be returned, you need to get some kind of closure on it, you go marry and they will see the reason for the denial on the first was marriage now married, i think best to clear up the first, if your not married your not married. Your time will start all over for the weight and you are so close in this one once you get it worked out...

[Minya's wife 24]

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 are not married in any sense of the word, then the consulate was wrong in their decision, wrong in forcing your fiancee to sign a document stating that you were married. That needs to be pointed out to the consulate, and a senator/congressman may be the best in paving the way for you to prove this to consulate. What transpired at the interview is now is part of the 'public record' so to speak....and may come back and hurt you later if it is not resolved.

You cannot apply for another petition until this petition has been dealt with. The K-3 (or IR/CR immigrant visa) will still require you to file a petition here in the US with USCIS, so you're still in for a wait, but you cannot file it until you're sure that your previous petition has been expired or 'closed'. Otherwise the two petitions will just be merged and your second petition will be denied because the first one is considered active.

I'm not sure about DCF and what the requirements for that are, perhaps someone who has done DCF through India will be able to advise you...but you can also look at the Direct Consular Filing (DCF) General Discussion forum here on VJ for more information.

Good luck,

-P

Edited April 14, 2008 by Paula&Minya

[PGM 0]

HI Kshatriya,

We are so sorry about the 221 G. Stay Strong!!

I will pray that you can receive sound advice/help & resolve this soon.

PGM

[indianheart 2]

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........

for a k-3 or cr-1 you have to have marriage registration even hindu marriage. I had hindu marriage and went through a lot of hoops to have it registered. I would follow the others advice and fight this wrong that they are doing, dont change what is the reality just to prove them right. if you file for k-3 or cr-1 now you will be admitting you are married.

[CarolynRitesh 0]

Hi Kshatriya...

After reading all these posts, I really really want to encourage you to follow that advice and fight this. I know everything is overwhelming right now, and you just want to be with your fiancee - but I am worried that you might be doing things that will hinder that! Does anyone know how fast the cases are sent back to the US? It is already over a week...

At the very least, officially contact your congressional reps. and the consulate regarding your case and what has transpired, start collecting affidavits from family members on both sides stating that the ceremony was NOT a marriage, etc. so that if it is too late to save this petition, you don't have so many problems with the next.

Below is the link to Missouri government officials with their contact details, let them know what has happened to you guys today!!!

http://www.congressmerge.com/onlinedb/cgi-...ge&state=mo

If you end up having to go the DCF route, let me know, you know I will give you any help I can on that process! What is your field of work? I may have some networking contacts for jobs in B-lore as well. I know you are at your wits end about this, and I would be angry beyond belief too, but don't do anything at this point that will just delay your being with your loved one!

C

[ELW 5]

I'm so sorry kshatriya, what a nightmare this all is for both of you.

I'm so steaming angry right now, I don't understand how those people at the Consulate can be so !!@%&!! mean and heartless.

Thoughts and prayers for either fighting it or joining your loved one in India to do DCF there. Good luck, we are all rooting for you!

[kshatriya 0]

OK guys, this is the plan. I'm leaving USA to India somewhere in mid of May...........b4 that

1) I'll contact Missouri Senator and a Immigration Lawyer this week.

2) I'll email Chennai Consulate to STOP sending the Petition to NVC and would request to give me another chance to explain/talk to an Chennai Immigration Officer in mid of May (or) may be my lawyer will do that with some legal stuff...

3) Apply for PIO (Person of Indian Origin) card this week, will get it by beg of May.

If these above doesn't seem to work by end of May or Beg of June.

4) Will get married in India and register in June and start DCF in July/Aug.

5) Will find a Job in BLR or HYD on my PIO card, I'm a Software Developer.

Thanks!!! for your suggestions

Edited April 15, 2008 by kshatriya

[maya62 7]

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.

I don't know why the link won't work.

Here's how to get there:

go to USCIS.gov

at the top, choose "About USCIS"

on the left, choose "Electronic Reading Room"

in the middle of the page, choose "Administrative Decisions"

in the middle of the page, choose "D6"

then choose the year I referred to in my earlier post

then choose the date I referred to in my earlier post

These are all past decisions made in an appeal process in cases where the original petition was denied and the applicant appealed that decision. I think they're interesting and go quickly once you figure out where in the boilerplate to find the crux of the issue and what the decision was, and why. I read a couple of years worth of them while I was creating our petition and then waiting for the NOA2. It definitely gives the sense that, if you can't prove you met, or come up with an utterly water-tight reason why you can't meet your fiance(e) in the two years prior to filing, you are wasting your time filing a petition.

Maya

[kshatriya 0]

thats a good find, hope nobody needs it, but you never know, with the incompetency at USCIS and US Consulates.

click here if dont get to the link with the above instructions

http://www.uscis.gov/err/D6/Decisions_Issu...003_01D6101.pdf

Edited April 15, 2008 by kshatriya

[yeye 0]

kshatriya,

Thanks for sharing your story. It is very upsetting to hear about your case. I have seen so many people here worry about their K1 approval because they didn't have engagement ceremony. You had it and they interpreted it as a wedding. Hope you get your approval through appeal...can't imagine you waiting more.

I am trying to figure out why they thought it was a wedding. Did you submit the engagement pictures with your I129F petition? Did the pictures have some religious ceremony with the priest? Or the types of questions they asked in the interview which led them to believe that. Any details you can provide.

Some people have suggested to submit affidavits from family members, saying that you were engaged. Did you submit these affidavits?

After reading your story and another one, it seems like getting K1 approval is harder with engagement ceremony.

Best wishes and I hope you get your approval soon.

[DanielParul 50]

Kshatriya, I don't have any advice. Just want to tell you that all of us on VJ are with you and Pray for everything to work out for you.. Just don't let them get away with it

[Nikita2Charles 32]

I am sorry to hear about your case, IT's madness what your fiancee went through at the consulate.

The advice we can get from this case, was there any pictures that had the resemblance of a Taali,/ red dot on forehead that was submitted to the consulate and they interprete it as a wedding photo. Poor girl got intimidated and sign that paper that's the only wrong thing she did, She' not married as such should have stand ground, but Those pressure tactics and threat could scare any folks not familiar with the process. I would still fight it and wish you all the best with this tragedy.

[Jigi 0]

hi,

i feel sorry for your fiance, her dreams would be gone down the drain... i know it feels horrendous.... to face all this nasty stuff... because i know the pain of 221g... i have been through 7 sleepless nights.. i did not sleep for like 7 days.. i got sleeep when i got the packet in my hand and i collapsed ooutside the mumbai VFS office....

THE BEST WAY IS TO APPLY THE RIGHT KIND OF VISA, I MEAN THE CATEGORY.

Thats the only way out , I feel

Jigi

[bengalilover 0]

Kshatriya: I think you have a good plain. I would stress that you talk to consulate and Department of State immediately. It's better to handle the issue at the consulate itself. Call the consulate and request to speak to an officer. Send a fax to consulate and explain your position as US citizen.

Get notarized letter from friend/family that you didn't get married. In times of great problem, it is easy to lose hope.

Please don't.

[kshatriya 0]

The simple answer is don't submit something that remotly looks like wedding, I know that highly immpossible with so many cultures in INDIA, so bottom line is dont submit any, if you do be there with your fiance and don't let her sign anything without consulting you.

If you were married and divorced before that makes the case more complicated, they assume that you are human trafficing, I guess. Get married and do a K3.

They even told my fiance that she will be banned for her life and can't enter US if she doesnt sign the paper, which is pure BS.

My opinion was she should have walked out and let them do what they can, since they dont have any solid proof they would have agreed to give her the Visa. You can't convince NVC, with a photo that someone is married, when they return the petetion to NVC in US.

kshatriya,

I am trying to figure out why they thought it was a wedding. Did you submit the engagement pictures with your I129F petition? Did the pictures have some religious ceremony with the priest? Or the types of questions they asked in the interview which led them to believe that. Any details you can provide.

After reading your story and another one, it seems like getting K1 approval is harder with engagement ceremony.