Looks like it the K-1 was denied!! What is our next step?

[RachidToree 0]

Hello!

My fiance, Rachid, had his 2nd interview on Tuesday. It did not go well, he received the optional form 194, that states:

"...Dear applicant we regret to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section(s) of the Immigration and Nationality Act..." Then they marked the following statement: "... Other: Your case is being returned to USCIS for further review. You will need to wait several weeks before requesting a status on your case, as it will take a number of weeks to reach the US."

My concern is this:

I met my fiance through my mother. He is her husband's brother. I realize this totally sounds odd, but it is what it is. We went to Morocco for their wedding last year, and Rachid and I fell in love. It never dawned on any of us, that this would be questioned. We mentioned it on Rachid's applications...it is the truth...and just went from there. I also went to Morocco in July 2008 for 2 weeks on my own this time.

In both of his interview's the majority of the questions were about my mother and Said, her husband. What relevance does that have to validating our relationship?!?! The woman from hell never even looked at one of our pictures, emails, phone bill or anything! In the last interview, she even questioned Rachid about my mom and Said's age difference!! Seriously, what does that have to do with us???

I have been in contact with our local Senator's office for 3 weeks now; ever since the 1st interview. Once he heard about the 2nd interview, this was his reply:

"Toree - unfortunately this is not an uncommon occurrence. A large number of fiancé petitions are denied and returned to USCIS because of the inability of the parties to prove to the satisfaction of the interviewing officer that the marriage if valid and not for the purposes of evading immigration laws. Your case is made even more difficult because your mother and Rachid’s brother are also making application for a visa. In the eyes of an interviewing officer, it appears as if you are merely attempting to bring both brothers to the US . The only suggestion that I can make, is if you and Rachid are serious about getting married, that you get consider getting married and filing an immediate relative petition. This will help negate the perception that it is not a valid relationship.

You are correct that when a I 129F petition is returned to USCIS, and you attempt to appeal the decision of the Department of State, it can take years before it is processed. These appeals are considered to be the last priority in processing of any applications or appeals.

I can also send an inquiry to the Embassy but I’m pretty sure that the response is going to indicate that the application was denied based on the officer’s determination that the relationship was not valid and was for the purposes of evading immigration laws.

Please let me know what you would like to do next.

Romaine Pacheco

Statewide Director Constituent Services

Office of Senator Ken Salazar

2300 15th Street, Ste. 450

303.455.7600 - voice

303.455.8851 - fax

So, I am asking everyone out there .....what do we do next?? We were going to be married here, at the JP and then have our big wedding in the Spring 2009, but now I feel like maybe I should go to Morocco and get married. I really have no idea!

I apologize for how long this is.....but I needed everyone to know the full story, so the advice would reflect what has already been done.

[SomeGuy4186 0]

get married in morocco, the whole process should be about 9 months-1 year depending on what service center and how fast you get through NVC.

sorry, best advice i could give.

[Carlawarla 1]

Hello!

My fiance, Rachid, had his 2nd interview on Tuesday. It did not go well, he received the optional form 194, that states:

"...Dear applicant we regret to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section(s) of the Immigration and Nationality Act..." Then they marked the following statement: "... Other: Your case is being returned to USCIS for further review. You will need to wait several weeks before requesting a status on your case, as it will take a number of weeks to reach the US."

My concern is this:

I met my fiance through my mother. He is her husband's brother. I realize this totally sounds odd, but it is what it is. We went to Morocco for their wedding last year, and Rachid and I fell in love. It never dawned on any of us, that this would be questioned. We mentioned it on Rachid's applications...it is the truth...and just went from there. I also went to Morocco in July 2008 for 2 weeks on my own this time.

In both of his interview's the majority of the questions were about my mother and Said, her husband. What relevance does that have to validating our relationship?!?! The woman from hell never even looked at one of our pictures, emails, phone bill or anything! In the last interview, she even questioned Rachid about my mom and Said's age difference!! Seriously, what does that have to do with us???

I have been in contact with our local Senator's office for 3 weeks now; ever since the 1st interview. Once he heard about the 2nd interview, this was his reply:

"Toree - unfortunately this is not an uncommon occurrence. A large number of fiancé petitions are denied and returned to USCIS because of the inability of the parties to prove to the satisfaction of the interviewing officer that the marriage if valid and not for the purposes of evading immigration laws. Your case is made even more difficult because your mother and Rachid’s brother are also making application for a visa. In the eyes of an interviewing officer, it appears as if you are merely attempting to bring both brothers to the US . The only suggestion that I can make, is if you and Rachid are serious about getting married, that you get consider getting married and filing an immediate relative petition. This will help negate the perception that it is not a valid relationship.

You are correct that when a I 129F petition is returned to USCIS, and you attempt to appeal the decision of the Department of State, it can take years before it is processed. These appeals are considered to be the last priority in processing of any applications or appeals.

I can also send an inquiry to the Embassy but I’m pretty sure that the response is going to indicate that the application was denied based on the officer’s determination that the relationship was not valid and was for the purposes of evading immigration laws.

Please let me know what you would like to do next.

Romaine Pacheco

Statewide Director Constituent Services

Office of Senator Ken Salazar

2300 15th Street, Ste. 450

303.455.7600 - voice

303.455.8851 - fax

So, I am asking everyone out there .....what do we do next?? We were going to be married here, at the JP and then have our big wedding in the Spring 2009, but now I feel like maybe I should go to Morocco and get married. I really have no idea!

I apologize for how long this is.....but I needed everyone to know the full story, so the advice would reflect what has already been done.

I think you'd get a better response if you posted this in the MENA forum here:

http://www.visajourney.com/forums/index.php?showforum=97

[UmmSqueakster 54]

In particular, check out this thread on returned petitions. There are quite a few ladies going through Morocco who've been denied the first time around, and their experience is invaluable.

[pushbrk 13,123]

When a middle eastern man seeks a visa to the USA, everything has to do with everything.

For instance, if you mother is significantly older than her husband, it's going to look as your Senator's aid indicated, like you and your mother are just acting as a conduit to get two middle eastern men into the US.

It's the middle east, post 9/11. I'd be seeking advice in the appropriate regional forum. You have an uphill battle.