K1 visa revoked, but...

[Gary and Alla 3,694]

"How about phone bills, emails, travel documents (cerrtainly in a 3 year relationship there was a lot of travel involved) postmarked letters to each other, receipts for birthday and holiday gifts (3 years is a lot of birthdays and holidays, certainly you bought gifts for someone you love and knew for 3 years)"

Yep. Had all that with me. Everything you just said! But again, what was the point if he didn't even ask to look at the evidences? I could have a notarized letter made by John, Paul George and Ringo with me that day that it wouldn't matter because he DID NOT see the pictures or any other evidence! The reason why he didn't? Don't know, friend...it's a mistery to me too!

"Incidentally, evidence you produce yourself has almost no affect on consulate decisions. Every fraudulent relationshi produces notarized letters from family testifying to the validity of the relationship. Want me to make you one right now? Long letters from the parties in the relationship have no affect. Photos are secondary evidence. I am not saying you are in a fraudulent relationship. I am saying what you are telling us doesn't prove you are in a real one. YOU must prove your relationship is not primarily for immigration beenfits, THEY do not have to prove anything."

Too bad my fiancee and I can't send them a sex tape. Maybe that would solve all our problems, ahn?

And I'm glad you're not suggesting anything. Already had enough people suggesting I'm a liar on this cold month of October so thank you for not doing the same thing as them! o/

"Unless you give us the exact reasons you were denied, we cannot say why. Neither can your attorney. Guessing will not help. But you can be assured that it was something you did, said, or failed to do or say at the interview, or something you failed to present."

Already said what he said to me. That I wasn't been natural in my answers. Well, in my situation, I don't think a lot of people would be feeling zen! If he suggested I was nervous, he's right, I was nervous, that usually happens when the best thing in your life is involved! But if he suggested that I was lying when he said that I wasn't been natural on my answers...then he was completally wrong!

"You were not prpeared for your interview and you failed because of that."

I was prepared for an interview where I have to talk about my relationship and my wedding plans. Sure wasn't prepared for what I went through, wasn't prepared to see two people talk to me for 15 minutes and call me lazy/liar between the lines. I'm just not used to this sort of thing, friend, so I kinda agree with you on this one!

But it's good to know that the case only expires if they don't do anything for more than 4 months...that's a huge relief because if it comes back to US...at anytime they ask for evidences...we'll have anything they need so thank you Gary and Alla!

Often the decision is made before there is an interview, for whatever reason they did not feel the relationship is genuine or not for immigration benefits. I can't say why. Andwhatever you told them didn't reverse the decision they already made. Vague, I know. Sorry. Brizil is not usually considered a difficult consulate, but they all have their days, I suppose and being nervous is natural, I am sure they are used to that.

Anyway, the affidavits are of marginal value, but why not? Some people believe in front loading petitions with evidence and maybe that hels at some consulates as it gets the evidence "behind the glass" and they cannot deny what they have in thier hand. But often there is not a lot of relationship evidence until the petition is filed anyway.

Sometimes these get sent back to USCIS and USCIS re-affirms the petition and sends it back. Sometimes the consulate questions the judgement of the USCIS and NVC and asks them to lok at it again based on the petition. Sounds like that is what they are doing, since they obviously didn't deny on anything you gave them. I wish I could give you more hope.

One thing that some couples do is run off and get married and file a CR-1, I caution against this only because you do not know the reason and it is certainly not that you aren't married. Any problems you have will continue even if you get married. A CR-1 is not a slam dunk just because you got married. It will be real important to find out specific reasons, which they will eventually produce, either to you or to USCIS.

[Minya's wife 24]

Minya's wife...the consulate officer seemed to have a bit of an attitude with the fact that I stopped working on Sep 30 which is insane because where's written that I had to be working to be elegible for this visa? I think that in his mind, I'd go to the U.S, not work and get money from the government but this is ridiculous! I stopped working 15 days before the interview because I wanted to spend more time with my family and be able to take care of everything before I leave. And I also planned all this! I saved money before I stopped working! So this is where the problem started, then he was looking for wrong things on my case, even asked an assistent to call my fiancee at her work asking stuff that they asked me to make sure that the answers would match and they obviously did because we're not liars! So after all this, he didn't find anything wrong in our case because there is nothing wrong, we're just a couple planning to get married! But then he came with his decision to send the case back to be revoked because to him, I wasn't been natural on my answers! What the hell is this? Since when this is a proof or an argument of anything?

Unfortunatelly...some circunstances makes pretty much impossible for my fiancee to come live with me in Brazil...cause otherwise...I'd just forget about this process, I'd marry her and live with her HERE! We didn't do anything wrong and we definitely don't deserve to be treated like liars!

Sorry, friends..sometimes I get a bit bitter about this whole thing...

Have you and your fiancee compared notes? Incidentally, Gary and Alla is correct...if you used "girlfriend" instead of "fiancee" to refer to your intended, you could have been shooting yourself in the foot from the onset. The CO's want to hear that you've both made the mental transition from 'girlfriend/boyfriend' to engaged couple. Calling her your girlfriend does not really prove 'intent to marry'.

What exactly did they ask her during the phone interview, and what she answered...compared to what you were asked and what your answsers are. Unfortunately, during a visa interview the onus is on you to prove that you are eligible for the visa you'e applying. In this case you had to prove the validity of your relationship. Not being 'natural' in your answers could be a very big red flag for the CO. Try to think about this unemotionally. The I-129F petition and your visa application is all based on the underlying love relationship between you and your fiancee, right? Your demeanor and and speech during the interview have to prove that relationship...yet there you are in the interview perhaps fidgeting, pausing before you answer a simple question like "how did you two meet?" or just generally showing the nervousness you said you had. (I'm not saying that's what you were doing, I was just presenting classic behaviors of nervousness.) So the CO naturally thinks you have something to hide.

I don't think you quitting your job before the interview had a lot do do with the refusal. But you can look at this also from another point of view. Generally speaking, visa beneficiaries are told not to make any solid plans until they have the visa in hand. That is why with K-1s it is generally advised not to make any solid wedding plans, or lifestyle changes until they know for sure that they've been issued the visa. Additionally, if the USC offers monetary support to the foreign beneficiary can be looked badlu upon by some consulates, because it could be construed that the USC is being 'taken advantage of', which is what the consulates are trying to avoid by all means. You having quit your job begged the question of 'how are you supporting yourself now? Are you receiving support from your fiancee?

Again, I'm not saying this is what was happening, I'm just saying that there are two ways to look at what happened.

Unfortunately, a refusal to issue a visa such as this one can very easily be based on something as subjective as the CO's perception that you were unnatural in your answers. (FYI - initially my then fiance's visa was refused at the first interview, in part because the CO felt much the same like in your case. We were told to provide, among other things, additional photos because in the ones we provided we looked 'posed'...not natural. It does happen.)

It may very well get the chance to 'prove yourself' again, because upon further analysis the CO could decide to request a second interview. If so....please try to master your nervousness and let it be evident in your behavior and words that you're in love and you can't wait to marry your fiancee. Good luck and please keep us updated on your case.

[rodrigoandjanie 1]

Thank you Old Dominion and Gary and Ala...I'll see what I can do here. Hopefully this problem can be solved before they send it back to USCIS.

What a nightmare!

[rodrigoandjanie 1]

Thank you, Minya's wife! I appreciate your help and support!

To answer your questions...

No, I didn't call her girlfriend during the interview.

And my fiancee wrote down everything they asked her (which were mostly questions about the time she spent here with me, questions about her family and about her work) and our answers couldn't be different. After 3 years together, we know each other very well so the answers were the same.

The fact that I quit my job or how I'm supporting myself, as far as I know, shouldn't have anything to do with this. I know people who went through the same process, weren't working anymore because of it and didn't have any problems. There's actually one of those people who's part of this site. And at some point, they backed off about it because I told them (the CO and the assistent) that I planned, had money saved and knew exactly what I was doing and had my fiancee's blessing on this decision.

The big issue here isnt really about what he asked, Minya. The truth is that I have a real relationship, didn't lie on the interview, but he didn't believe it. It's my word against his word but unfortunatelly, he's the one who can make important decisions.

I just wanna know if those cases (when they want to send a case back to be revoked) can have a happy ending. You said that your case was denied once, right? Did you guys ended up together on the same process or did you have to start a new one? Is there anything else I can do to make them see that this was obviously a misunderstanding? Today my fiancee and I got ther congressman involved and his assistent is contacting the consulate today. We'll probably ask a senator for help too.

[beinha 0]

Rodrigo,

Do you remember when we went together to buy phone credits and all... I told you everything about my interview and even that I told the Consul I'm not working anymore since my entire process went to fast and he said nothing about it, did not even ask if Patrick support me , anything!

I was there with Rodrigo since 7 AM, I helped him to check his papers, I saw all his photos, he is a very good looking guy - not that it matters but we all know when you go well dressed and look presentable it counts - and he was not more nervous than any of us. All the time we talk, he never mention his fiance as girlfriend also.

I feel so bad for you Rodrigo, and one thing may count: they were training a new Consul, we could see they explaining things to the new one, and they also were together like 10, 20 minuts with our papers in hand, explaining things to the new guy (there is a window to their main office and we could see it and even hear some things) maybe they wanted to be more hard on us. My interview wasn't easy at all, he interviewed me in English (which is ok but it's one more thing to add). Did not ask any photo, any prove of outgoing relationship. Vivian and other 3 girls there, they also don't work and they have got the visa.

Ok, as Garry and Alla mention before, you need to try to be more prepared on though questions and everything Garry said sounds like a great advice.

Just remember: they are not there to be nice, to help you, to support you. They are there to get you doing something wrong. It's ok, it's their jobs... don't waste your time on it, do what they want, it doesn't matter if it makes sense or not.

Keep going, do your lesson, do it right, you have all it needs, just need to face it again and be more prepared!

wish you all luck and hope you can go in time for Kiss concert !! haha

[rodrigoandjanie 1]

Thanks, Beinha! I knew you were a cool person from the time we started talking! Besides those problems I had there that day...it was worth it to be there and meet great people such as you, Vivian and Joseph, Suzan, Larissa, that girl from Rio Grande do Sul, I think, who stepped over your big toe ....all great people! Thanks for all the support, Beinha! Obrigado, obrigado, obrigado!

Well, I tried to look on the forum but I didn't find anything about people who went or are going through the same thing as me. I'm sure this happened to more people but I wanna know if there's actually hope for cases like this.

[rodrigoandjanie 1]

I'm affraid Janie and I probably won't be able to celebrate our wedding at the Kiss concert as we planned...but we're planning something great...if this thing isn't solved until December, then she'll probably come here so we can spend Christmas together!

[beinha 0]

I'm affraid Janie and I probably won't be able to celebrate our wedding at the Kiss concert as we planned...but we're planning something great...if this thing isn't solved until December, then she'll probably come here so we can spend Christmas together!

Now we are talking!! Be positive, always, and keep doing what you need to do, don't give up and be well prepared. I can make you some Kiss inspired invitations for your new Wedding date ok?

[Lisa and Ian 7]

When it gets back to USCIS, contact them. Otherwise you will need to wait more than a year to appeal the revocation.

I would still call DOS and see what status they give you. I'm interested to know what they say.

[Mitch and Bruna 0]

Stay strong and persevere. I didn't think I would be able to convince Bruna to ever go into that embassy again after her bad experience with the tourist visa, but I guess time heals all wounds and I hope the same thing will happen with you guys and you will have a positive outcome soon. Play their game and be patient and this will all just be a "funny" story soon. Keep us updated!

[Minya's wife 24]

The big issue here isnt really about what he asked, Minya. The truth is that I have a real relationship, didn't lie on the interview, but he didn't believe it. It's my word against his word but unfortunatelly, he's the one who can make important decisions.

I just wanna know if those cases (when they want to send a case back to be revoked) can have a happy ending. You said that your case was denied once, right? Did you guys ended up together on the same process or did you have to start a new one? Is there anything else I can do to make them see that this was obviously a misunderstanding? Today my fiancee and I got ther congressman involved and his assistent is contacting the consulate today. We'll probably ask a senator for help too.

Even if the consulate send the original I-129F petition back to USCIS with a recommendation to revoke there is/can still be a happy ending...it may just take a bit longer. I wouldn't think about that for just yet...just concentrate on this reply you should receive shortly from the consulate. As a parallel route, you may want to have your fiancee get in touch with her senator/representative and perhaps they can also inquire with the consulate as to the status of your case...but I would hold off on that for a little while longer. Give the consulate time to review the petition and your interview.

If you want to do some research to get an idea of what happens if the consulate does send your petition back to USCIS, you can take a look at this.

Good luck.

[anitacastillo 0]

Rodrigo -

Sorry to hear about your experience - it sucks. (I was with my fiance at his K-1 interview and left in tears because we were put on AP and we didn't understand why.)

The fact that they keep saying the CO needs to analyze the case is a good thing. It looks like the interview was only 2 weeks ago, and you are wondering what is taking so long. Well the CO has had other appointments and visas to issue since then. So she (or her supervisor) needs to find extra time to look at your new evidence and consider the interview with you and your fiance. IMO, they don't want to rush to send a case back to the US, especially when it looks like it could be a real relationship.

Is your fiance much older than you?

Keep the faith!

ps. Your English is very good!

[TBoneTX 44,679]

There's a lot of good advice here; I believe that Minya's Wife is spot-on with it. It is EXCELLENT that the case is still with the consul.

Don't bother calling DOS -- they don't know jack. Three different attorneys told me that the ONLY place to receive correct, up-to-date information is the consulate or embassy. I batted my head against the wall for over a month until I believed and followed their advice.

As general advice, testimonial letters or affidavits from others can pull an application from 221(g) or Refused status and bring it back to life. At this point, though, I'd just wait, and follow Minya's Wife's advice.

[ThaitoUSA 15]

There is a point that Gary made that my experience has also confirmed; The decision is made prior to the interview. My wife spent a matter of a couple of minutes being interviewed, was asked very basic questions e.g. where did you meet?, and was not required to submit much evidence although she had brought two bags full.

It almost seems as though the interview is a matter of procedure and not the determining factor in whether one is approved or not. Other consulates, Vietnam comes to mind, routinely reject most applicants, and require them to return with particular pieces of evidence, such as time-lines, even if the beneficiary has already arrived prepared with one the first time. In the parlance of my students, that's how they roll.

Wish you all the best with the resolution.

[rodrigoandjanie 1]

Thanks everybody for all the good advices and for all the support! Obrigado!

My fiancee already contacted the congressman on Friday and his assistant said she was going to send an email to the consulate. Not rushing them or anything...just to support and wanting to know what's happening. Hope we get good news soon!

My fiancee is 10 years older than me, Anita. And thanks for the compliment about my english! o/

Have a nice week everybody!

All the best!