Fiancee Visa Petition Denied and being returned

[sara..... 371]

But why do so many here poo poo on pics as "only secondary evidence that doesnt really matter"? Like you I do think pics are powerful evidence, yet so many folks here dont.

Ours was a different consulate, but pictures were all the CO wanted to see in my husband's case. He had a ton of other stuff, but she didn't look at any of that, just at every single photo in the album.

i hope im wrong but from what i have seen from delhi in the last two years is they tend to make up their minds before u even have the interview and will ask for things they know u can not provide as a reason for denial......is it fair? nope it isnt but it is what i have seen going on

sara

[pushbrk 12,876]

Hello All,

Need URGENT HELP PLEASE!

Yesterday, the US consulate New Delhi returned the passport of my Fiancee without issuing the visa -- stating that the documents we had submited do not establish the relation ship between us. Also, they have stated that the original petition (valid for 4 months) has now expired. I had emailed the consulate several times to extend the validity of the original petition and had talked to a lady on the phone who told me not to worry about it.

Please advice me what should I do -- they are sending my case back to the USCIS.

I am traveling to Delhi next week.

Thank you!

What did you submit that was not good enough to establish evidence? Usually, pictures say a thousand words especially taken with family.

But why do so many here poo poo on pics as "only secondary evidence that doesnt really matter"? Like you I do think pics are powerful evidence, yet so many folks here dont.

Photographs are secondary evidence of having met in person. For bona fides, the terms primary and secondary "evidence" are not used, but the strongest evidence of bona fides is time spent together and number two is interview preparation, specifically knowledge about the partner's life, family and job.

[catknit 144]

New Delhi can be quirky. We just [i say just but from the time I filed the application is now over 18 months, we're just over 12 months since the first interveiw] went thru/are going thru this.....

I'm the one Sara's talking about.

In our case, we had reg flags - recent divorce, only one visit, mixed relationship. We were denied after 2 sets of AP at the end of last year [with what they CO was requesting it looked like they were trying to prove fraud - which isn't true but "gut feel" must have pointed that way to the CO].

I begged and pleaded to have the case kept in Delhi, requested a second interview that I would be present for [thru the embassy itself as well as asking my congressman's and senators' liaisons to request the same], took consultations with attorneys to see if there was ANYTHING that could be done. In our case, nope - nothing, case returned to VSC.

We changed gears and planned to do DCF but shockingly VSC re-affirmed our petition in a mere 5 months. I was explicitly told by my congressional liason that they were working on cases from 2004 and that we were being accused of trying to set up a marriage of convenience - hence the plan to move to India and follow all the regulations for a marriage under the Special Marriage Act here since we figured the K1 was all but dead.

This is what I suggest - and please keep in mind your mileage will vary GREATLY. If the case is still in Delhi and you can get here, you can try at the consulate to see if they will overturn the decision. This is a longshot. A very very long shot. I have yet to hear of anyone pulling this off at Delhi.

If the denial states that they denied based on not proving a bona fide relationship there is [sort of] good news. You can marry and file a CR1. It's great you had pics of the party. I take it the party itself was maybe 8 or so months ago [looking at current NOA2 timelines]? How plentiful were your communication records? Daily calls? Daily chats? Daily emails? It's important to have that too - and not necessarily print outs of each chat or email but a print out of the inbox records showing the emails or the chat log. One of things someone researching Delhi or any of the Indian Consulates will see time and again is "They asked for engagement party pics and we didn't have one!!!" - well, anyone can have a party. I'm not saying that to be mean and evil - but if that was the crux of your case the CO may come to that exact conclusion.

I forget the exact timings - maybe 3-4 pm on all weekdays - but you can call and try to talk to a CO. Maybe they can shed more light on what happened. Just out of curiousity, what did the CO look like? I've been in the consulate more times than I want to count over the last 5 months and have spoken to a few COs. One said to me, point blank, that K visas [both K1s and K3s] are given extra scrutiny because they are rife with fraud. He also said that it made a big impact that I had come in to inquire on what was happening in person but that I was staying with my fiance trying to move forward [though he did admit with the K1 reaffirmed we were stuck in limbo until it was approved].

You can always pm me for more info if you like!

[Starlight95 1]

All this is really scaring me. I desperately wanted to be there at my fiances interview, but because of the time of the year it is difficult for me to take the time off. I already had to make an emergency trip before to take some documents I needed and that was my 2nd time.

He is going to bring engagement pictures, emails, phone calls, affidavits from his family, and letter from my friends. He also is going to bring letters from his friends. I feel for you and I could imagine what you are going through. Our engagement ceremony was quite simple as well, but with our petition we only submitted 2 pics and a sworn affidavit from his family. He will be interviewing at the mumbai embassy. I don't know what I will do if this happens. I mean the waiting already has been excruciating as it has for most of you.

He should get notified about his interview this week, and now I am rethinking that if I should go somehow. Maybe I will have the finances by the time of the interview. I don't know I am getting so frustrated after reading this.

Star

[sara..... 371]

All this is really scaring me. I desperately wanted to be there at my fiances interview, but because of the time of the year it is difficult for me to take the time off. I already had to make an emergency trip before to take some documents I needed and that was my 2nd time.

He is going to bring engagement pictures, emails, phone calls, affidavits from his family, and letter from my friends. He also is going to bring letters from his friends. I feel for you and I could imagine what you are going through. Our engagement ceremony was quite simple as well, but with our petition we only submitted 2 pics and a sworn affidavit from his family. He will be interviewing at the mumbai embassy. I don't know what I will do if this happens. I mean the waiting already has been excruciating as it has for most of you.

He should get notified about his interview this week, and now I am rethinking that if I should go somehow. Maybe I will have the finances by the time of the interview. I don't know I am getting so frustrated after reading this.

Star

i dont know much about the embassy in mumbai, im worried also because we didnt have a formal engagement either.... my health has kept me out of india for two years so im doing a lot of praying ........i think if u can at all do it its better to be there for the interview even if they never see u just the fact that ur there and they know it i think makes it less easy for denial

sara

[Twisted K 2]

star, don't worry. mumbai tends to be "easier" on their applicants than delhi. we had other things against us last year. so i wouldn't worry too much.

[Wait_A_Minute 0]

star, don't worry. mumbai tends to be "easier" on their applicants than delhi. we had other things against us last year. so i wouldn't worry too much.

Sorry to hear what you are going thru and hopefully things fall in right place for you.

This is simply rediculous that issuing Fiance/Spouse visa can be consulate (location specific). The bonafide evidence that they are asking for, if provided, should suffice. Why does it dependent on consulate or the interviewing person?

These wanna be "BIG SHOTS" should know that our lives are already torn apart dealing with these proximity, day in and day out.

I had to SPIT OUT my anger..Can't stand it..

Good luck to you..

[Twisted K 2]

thanks minute. it is water under the bridge now it has brought us closer together. i was bitter for a long time, believe me. but we just have to trust in God.

[Starlight95 1]

thanks minute. it is water under the bridge now it has brought us closer together. i was bitter for a long time, believe me. but we just have to trust in God.

Thanks for your vote of confidence! I am sorry you had to endure that, but at the end it even brought you closer. I admire your patience in the process. It seems like it is much more difficult for female petitioners with male beneficiaries. I don't know just my hunch on this. I wish it was all fair with all consulates.

[Starlight95 1]

But why do so many here poo poo on pics as "only secondary evidence that doesnt really matter"? Like you I do think pics are powerful evidence, yet so many folks here dont.

Ours was a different consulate, but pictures were all the CO wanted to see in my husband's case. He had a ton of other stuff, but she didn't look at any of that, just at every single photo in the album.

i hope im wrong but from what i have seen from delhi in the last two years is they tend to make up their minds before u even have the interview and will ask for things they know u can not provide as a reason for denial......is it fair? nope it isnt but it is what i have seen going on

sara

Maybe then it should be a good idea for the petitioner and beneficiary to be in touch with the consulate before the interview. Even by emailing them and inquirng about the case shows your seriousness. Just my opinion.

[Twisted K 2]

we did that. but every little bit helps.

[rebeccajo 14]

I'm moving this thread to the Consular Forums where the discussion is more relevant.