Re-approval of k1

[kosuke85 0]

Ok, can't edit that last post, meant to say "USCIS in Sept of 08'" of course.

[k.loveh 0]

My lawyer said the same, that USCIS is getting fed up with the consulate trying to re-adjudicate all these petitions and for no reason (or very little) so they are reaffirming at a high rate as it is starting to look like from the posts here and by what I'm hearing through word-of-mouth.They denied mine for insignificant reasons and sent it back to ISCIS in Sept of 08' and I got my reaffirmed letters from USCIS this month(June 09').

Welcome to the group of reafirmation's. I did some more research and found someone on yahoo answers asking how long it took for reaffirmation's to be processed. I sent her a question asking if her fiance had to do another interview and did he get the visa? I checked my email just now and found her reply and wanted to share it with everyone because of the lack of info and perhaps give other's in the same situation a boost of hopefulness.

Here it is:

Yahoo! Answers: You have received a message from another user!‏

From: Yahoo! Answers (answers-alert@cc.yahoo-inc.com)

Sent: Tue 6/30/09 10:43 PM

To: kdeh2@hotmail.com

Hello K. Gaur (hkgx2),

You have received a message from another user!

From: ellabentalha

Subject: Re: Your reaffirmed Visa Petition

Message: hello this is Ella, yes we were reaffirmed...it took them like 2 months and they had everything they needed and ahmed had a interview with them one more time and they asked for his passport and had it a week afterwards they had to do a security check on him.then he was here a month later....

Edited July 1, 2009 by hkgaur

[k.loveh 0]

That's very interesting. I don't think I've seen this before.

I know what you mean...seems to have been a rare instance up until recently. Wish I could find more precise info on this type of situation though since the USCIS didn't specify what to expect. I can't find much at this point but will keep trying and post whatever I have on here as I receive it.

Karen & Hemant

Edited July 1, 2009 by hkgaur

[ellis-island 6]

FWIW:

"...he referred me to a place that studies cases and coaches you for the interview in the consulate. We're currently waiting on word from the consulate before we go ahead with that."

I don't do that. I people in my office who help with interviews. I've never referred any client to anyone outside

of my offices to be coached for an interview. That would be nuts.

I don't recall the case. But if someone referred you to an office that was not one of mine, it wasn't me.

I'm outside VN right now. Back tomorrow.

Feel free to call.

All the Best,

m.e.

The reasons usually are petty. As I said, they were fishing for an excuse to deny the visa and return the petition. There is abundant evidence that the CO has made up their mind before your fiance ever gets to the window for the interview. This is evidenced by the fact that many of the girls see the paper - white, blue, green, or pink - already filled out and ready to be signed by the CO at some point during the interview. There is also evidence that the final decision as to which paper to fill out and have ready is made between the time your fiance is called up to submit her documents, and the time she is called up for the interview, though it's probable they have a pretty good idea which way it's going to go before she's called up for the documents.

The point is that they didn't like your package before they asked her a single question, and were intent on denying, so they grilled her.

So, let's see if we can reverse engineer this and figure out what they REALLY didn't like about it.

How many times did you visit her before asking her to marry you? How many times before you submitted the petition? How many times before she went to the interview? How long was each visit?

Were you present in HCM when she interviewed? You can't actually go into the interview, but it seems to help a LOT if the CO knows you are there waiting for her (they often DO ask).

Did you have an engagement ceremony? If so, how many people attended the party? Did you include any pictures of this with your petition?

Did you have pictures of you with her family? Were these included with your initial petition?

You were introduced by a relative of hers (this is always a red flag). Did you address this in the petition, and describe how you knew her relative? In cases like this they will always suspect that the relative was setting you up to get their family member to the US. You have to bend over backwards to make it clear that YOU were in charge of the relationship from the beginning. If the family member aided you in any way, such as helping to pay for your visits, then it looks very bad to the CO. It looks like the family was buying her an American husband.

I realize many of these things aren't needed by USCIS, so it might seem pointless to include them with the initial petition. The point, as I said above, is that the decision is often made before the interview begins, which means before they have an opportunity to see the evidence your fiancee brought to the interview. Adding the evidence to the petition helps to ensure that the CO will actually see it, since they often don't even ask for much at the interview.

Anyway, give it some thought and let us know. Also, it wouldn't hurt to start a thread in the regional forum and describe your experience. You'll get lots of advice, but more importantly your experience will help others who are just getting started.

1. The first time I met her in person was when I asked her to marry me. I was there for two weeks and submitted the petition upon returning.

2. I was not present for the first interview, but when it was denied I hopped on a plane to confront the consulate and was granted another interview with the visa chief himself.

3. We had an engagement ceremony and invited almost 80 of her relatives, several pictures of the ceremony were included in the petition.

4. We have many pictures of me with her and her family and a sampling of them was included in the petition.

5. I included a letter with the petition (I don't remember if it was required or not, but my lawyer told me to write it and what all I needed to say in it) about how the relationship started and progressed and made it clear that there were no financial contributions from my fiancee's family in the US towards the relationship.

The whole system is very unfair towards the innocent petitioner/beneficiary, where we have to as you said, "bend over backwards" to prove that our petition is true. I should think that the very fact that there are little inconsistencies here and there would add more evidence that the relationship is real rather than a spotless, orthodox relationship petition would be. The relationship between my fiancee and I is by no means "normal" but we are held to the standards of what is perceived in the mainstream to be a "normal" relationship.

[ellis-island 6]

BTW, here is a blog I write. The first 3 links are about K-1 denials.

LINK

The information is as up-to-date as yesterday.

Edited July 7, 2009 by ellis-island

[kosuke85 0]

Thanks for the correction Marc, and I apologize for the misunderstanding.