K-1visa revoked by consulate!? What do I do?!

[jhaddad77 0]

My fiancé went to his interview on march 3rd and the consular said they need more evidence of our relationship. So my fiancé sent more evedence like the consular said via aramex. Then three weeks laiter he got a letter stating the consulate wasn't convinced of our relationship and is going to revoke(cancel) our visa ... What do I do I gave the consulate all the evidence I have. Advice please??

[pushbrk 12,898]

My fiancé went to his interview on march 3rd and the consular said they need more evidence of our relationship. So my fiancé sent more evedence like the consular said via aramex. Then three weeks laiter he got a letter stating the consulate wasn't convinced of our relationship and is going to revoke(cancel) our visa ... What do I do I gave the consulate all the evidence I have. Advice please??

I expect the notice actually said they were sending the case back to USCIS with a recommendation to revoke but there would have been some details as to why. Without knowing those details, we would only be able to speculate on any solution. If you don't already have a copy of the letter, please get one and post the relevent sections verbatim without the personal identifying information.

I see this is a duplicate post.

Edited April 5, 2009 by pushbrk

[Dakine 26]

My fiancé went to his interview on march 3rd and the consular said they need more evidence of our relationship. So my fiancé sent more evedence like the consular said via aramex. Then three weeks laiter he got a letter stating the consulate wasn't convinced of our relationship and is going to revoke(cancel) our visa ... What do I do I gave the consulate all the evidence I have. Advice please??

Are you older than the beneficiary?

[jhaddad77 0]

I am not older than the benificiary.

[jhaddad77 0]

It's section 212(a)(5)(A) and 9 FAM 41.81,N6.5

Advice??

[Dakine 26]

It's section 212(a)(5)(A) and 9 FAM 41.81,N6.5

Advice??

If your petition hasn't been sent back to USCIS yet contact your senator and see if he can find out what you can do. Some senators have a immigration specialist on their staff that can find out what's happening.

You have to act FAST as once it goes back to USCIS you may as well start over.

Edited April 6, 2009 by Haole

[pushbrk 12,898]

It's section 212(a)(5)(A) and 9 FAM 41.81,N6.5

Advice??

The paper would give a reason in plain language. What was it?

[jhaddad77 0]

Thanx haole... And like I said in the beggining the consular needs to be convinced we are together for live and needs more evidence of our relationship

[pushbrk 12,898]

Thanx haole... And like I said in the beggining the consular needs to be convinced we are together for live and needs more evidence of our relationship

We really can't help you until you type what the notice tells you about what the decided and why. We deal with these issues often but without this information we a blind. Please just provide the information. Valuable time may be being wasted by not doing so.

[Bobby+Umit 161]

It's section 212(a)(5)(A) and 9 FAM 41.81,N6.5

Advice??

9 FAM 41.81. N6.5 Marriage Bona Fides

a. If a consular officer finds that the fiancé(e) or marital relationship is not

bona fide but is a sham entered into solely for immigration benefits, post

should return the K-1 or K-3 petition with a recommendation for

revocation to the national visa center (NVC) under cover of a

memorandum detailing the specific, objective facts giving rise to the

post’s conclusion.

So you didn't provide enough evidence to show the relationship was real. What did you provide?

Now the 212(a)(5)(a) is strange,

Under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification.

Is that what was on the paper?

Edited April 6, 2009 by Bobby_Umit

[Ban Hammer 13,349]

from K-1 Fiance(e) Visa Process & Procedures General Discussion to US Embassy and Consulate General Discussion

[pushbrk 12,898]

It's section 212(a)(5)(A) and 9 FAM 41.81,N6.5

Advice??

9 FAM 41.81. N6.5 Marriage Bona Fides

a. If a consular officer finds that the fiancé(e) or marital relationship is not

bona fide but is a sham entered into solely for immigration benefits, post

should return the K-1 or K-3 petition with a recommendation for

revocation to the national visa center (NVC) under cover of a

memorandum detailing the specific, objective facts giving rise to the

post’s conclusion.

So you didn't provide enough evidence to show the relationship was real. What did you provide?

Now the 212(a)(5)(a) is strange,

Under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification.

Is that what was on the paper?

I've been assuming the denial was based on a lack of bona fides but usually, there is further verbal explanation beyond the codes given. With those additional details we can probably make a meaningful recommendation for next steps. Without them, we can only speculate.

[jhaddad77 0]

It said they can't legaly work on our case anymore.. And if we have any questions contact uscis

I sent my cell phone logs and traviling tickets and a pic of us with the family on Christmas I also sent letters that we have writtin to each other and a noterized letter stating were in live and can't wait to get married

But I'm pritty sure I can't do anything anymore so I made plans to fly out there to get married... I do have another question though

-I want to file for a K3 visa for my husband when we get married and I don't know when is the affidavit of support needed and also do I send any originals right when I file?-

[Dakine 26]

It said they can't legaly work on our case anymore.. And if we have any questions contact uscis

I sent my cell phone logs and traviling tickets and a pic of us with the family on Christmas I also sent letters that we have writtin to each other and a noterized letter stating were in live and can't wait to get married

But I'm pritty sure I can't do anything anymore so I made plans to fly out there to get married... I do have another question though

-I want to file for a K3 visa for my husband when we get married and I don't know when is the affidavit of support needed and also do I send any originals right when I file?-

Ma

File for a CR-1. MUCH better than a K3.

[pushbrk 12,898]

It said they can't legaly work on our case anymore.. And if we have any questions contact uscis

I sent my cell phone logs and traviling tickets and a pic of us with the family on Christmas I also sent letters that we have writtin to each other and a noterized letter stating were in live and can't wait to get married

But I'm pritty sure I can't do anything anymore so I made plans to fly out there to get married... I do have another question though

-I want to file for a K3 visa for my husband when we get married and I don't know when is the affidavit of support needed and also do I send any originals right when I file?-

Ma

File for a CR-1. MUCH better than a K3.

Right and the answers to such basic questions are in the CR1/IR1 guide. Start there. Whatever the actual reason for the denial was, getting married, alone, is not going to make the problem go away.