K1 Visa Denied

[pushbrk 12,968]

It will take a year or more, maybe 18 months, before USCIS lets the petitioner know what to do next -- appeal, or drop the petition. Marrying in China seems to be the best option.

I agree. Send a letter to USCIS, (VSC) withdrawing the I-129F and get married on your next trip. There are some documents required for a foreigner to marry in China and they can be cumbersome or easy. The hard way is explained at any Chinese Consulate's website in the USA. The easy way is to stop by a US Consulate in China on your way to see your fiancee and obtain a "certificate of marriageability". If stopping at a Consulate is too inconvenient, then contact David at http://visarite.com/

They can handle all the paperwork and certifications for you. I don't think this service is described on their website but they did it for me and for several others I know of.

Edited November 9, 2009 by pushbrk

[LOLAs 1]

i agree with the marriage option, the record for the K1 denial should work in your benefit if the consulate has problem with your relationship being bonafide. This whole process takes time, energy and determination, be very prepared for disapointments along the way so that when there is none you will be elated. Goodluck fellow applicant

[sachinky 465]

Oh dear, I'm sorry. Maybe you could put up a list of the interview questions to help us help you.

[luvknowsnoborders 0]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

[Dakine 26]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

Think proving bonafide relationship when together and when you guys communicating. Pictures are numero1.

Think like a movie director.

Edited November 10, 2009 by Dakine

[pushbrk 12,968]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

Think proving bonafide relationship when together and when you guys communicating. Pictures are numero1.

Think like a movie director.

You keep saying pictures are number one but they definitely are NOT. The strongest evidence of a bona fide relationship is the time you spend together and the level of preparedness for the interview questions. Photos are important, but far from number one whether as evidence of meeting or of a genuine relationship.

[Dakine 26]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

Think proving bonafide relationship when together and when you guys communicating. Pictures are numero1.

Think like a movie director.

You keep saying pictures are number one but they definitely are NOT. The strongest evidence of a bona fide relationship is the time you spend together and the level of preparedness for the interview questions. Photos are important, but far from number one whether as evidence of meeting or of a genuine relationship.

Everything is numero 1.

More ammo the better.

[Dakine 26]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

Think proving bonafide relationship when together and when you guys communicating. Pictures are numero1.

Think like a movie director.

You keep saying pictures are number one but they definitely are NOT. The strongest evidence of a bona fide relationship is the time you spend together and the level of preparedness for the interview questions. Photos are important, but far from number one whether as evidence of meeting or of a genuine relationship.

Everything is numero 1.

More ammo the better.

Heh pus!

"The strongest evidence of a bona fide relationship is the time you spend together " What better way to show the time you spent together than pictures?

What do you suggest to prepare for the interview to show a bonafide relationship?

Edited November 11, 2009 by Dakine

[Seb928s 2]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

From just reading on here. I see some Embassies it's harder to prove your relationship then others. From reading like China,India, some Mid-east, and African countries you really have to pack on the documents to prove it's real. Then you have some Embassies that are really easy more laid back at the interviews and approve most of applications. No fair I think those high risk Visa fraud countries give people the hardest time, it's not fair but it only takes a few bad apples to make everything harder for everyone else that is trying to do it right and in the legal way.

Good luck on your case looks like the marriage on your next visit and file is going to be the fastest way right now.

[john_and_marlene 162]

Isn't it awful we have to prove the validity of our marriages?

Isn't it awful that many people are in sham marriages for immigration benefits. Would you suggest that they all be allowed a visa without question?

[JimVaPhuong 4,863]

Isn't it awful we have to prove the validity of our marriages?

Isn't it awful that many people are in sham marriages for immigration benefits. Would you suggest that they all be allowed a visa without question?

It's a tough balancing act. How does the government make the process difficult enough to discourage scammers without making it too difficult for the US citizens that the system is intended to benefit?

Let's look at it from a potential scammers point of view...

First, you gotta get a US citizen to fall in love with you, pony up some cash for visits to your country and various fees, and commit to the time and effort needed to go through the blizzard of paperwork. Ok, not too difficult if you're reasonably attractive, and a reasonably good actor/actress. There isn't too much the government can do to make this stuff intentionally more difficult than it already is.

Next, you have to go to an interview at a US consulate and convince a CO that you are really in love. This is where the US government sets up it's first set of roadblocks. If your relationship doesn't pass the smell test, they send you back to square one - do not pass "go", do not collect a visa. This is where your acting skills can really pay off. If you were adequately educated going into the process, and you've played your cards right, then you should have plenty of evidence to prove that your US citizen fiance/e really loves YOU. Now you just need to persuade the CO that your sentiments are the same. Again, if you're reasonably attractive and somewhat charming, this shouldn't be too tough. The odds are probably better than even that you'll walk out with a visa.

The final set of roadblocks comes after you arrive in the US and marry your pigeon, er... US citizen fiance/e. The government says you have to remain married to this fat, ugly slob for two years before you get the prize - a 10 year green card, and unconditional resident status. This is where even the best fraudsters sometimes crack. It's not too tough to keep up the charade for an hour or two in daily chat sessions and phone calls, and a few weeks at a time when your fiance/e comes to visit, but keeping it up for two years straight, 24 hours a day, can be very VERY tough! Fortunately, the US government has provided an alternative route - divorce! You just have to prove you entered the marriage in "good faith". Again, if you were reasonably educated about the process going in, then you've been smart and collected your evidence. The only tough part is that it can take more than two years to get a divorce in some states. Again, the US government comes to the rescue - abuse! Provoke a couple of fights with your new husband/wife, call the cops, and collect the police reports. When you're ready to make the leap, pack up your stuff (don't forget your "good faith" evidence) and head off to the battered women's shelter.

This is an admittedly pessimistic view, but there are a sufficient number of foreign spouses who manage to pull it off every year. For anyone who thinks the process is intentionally too difficult for sincere people, try to bear in mind that the system was intended to try to stop people who would abuse it as described above. Pretty much anything the government could do to further reduce fraud would increase the difficulty for either the US citizen or the foreign fiance/e.

[gyi 1]

Their, "ball" and "bat", unfortunately, they are aware of it. From the beginning of the process you enter into a "kafkaesque" scenario, you are not aware of and not told of.

[pushbrk 12,968]

Isn't it awful we have to prove the validity of our marriages? I met my wife 10 months before we got married. We just KNEW we were right for each other... and now we're scared that THEY won't see that. How do you prove your relationship is real if the documentation you sent in isn't enough?? I know many couples who don't always take pictures of everything they do, we sure don't!

Think proving bonafide relationship when together and when you guys communicating. Pictures are numero1.

Think like a movie director.

You keep saying pictures are number one but they definitely are NOT. The strongest evidence of a bona fide relationship is the time you spend together and the level of preparedness for the interview questions. Photos are important, but far from number one whether as evidence of meeting or of a genuine relationship.

Everything is numero 1.

More ammo the better.

Heh pus!

"The strongest evidence of a bona fide relationship is the time you spend together " What better way to show the time you spent together than pictures?

What do you suggest to prepare for the interview to show a bonafide relationship?

First, I must say that to say everything is number 1 is worse than useless. It's misleading.

The first (chronologically) way you show your time together is with primary hard evidence like passport stamps and boarding passes. The second is by simply being prepared for questions like, "How many times has your spouse/fiance visited?" and "When and for how long were those visits". The third way you show the time you spend together is through your answers to other questions about each other and your general demeaner in the interview. The fourth way is when after all that, they ask to see photographs of you together. Photographs are secondary evidence for anything they evidence, whether it be meeting in person or a bona fide relationship. Even then, the variety of photos along with what and whom they feature is far more important than the quantity or the mode of presentation.

Yes, photographs are important to the process but they are NOT the MOST important evidence, by far. People with sham marriages and half a brain can run around to some places and take a bunch of photographs in a day or two. More visits for more time, can't be faked and usually results in better interview preparation, better interviews and better results.

I recently advised a US Citizen by phone who has some red flags in his case besides the limited time together but he's had only one week together during the past two years (this fall) and is making only a three day trip to get married. While I did advise him to take plenty of photos, my stronger advice was to arrange another visit before the interview and to make it for at least a week. I also advised a woman recently with some red flags, and told her they were all but erased by the fact she has spent six months in 5 trips with her husband in the last 14 months.

I hope this effectively illustrates the concept I'm attempting to explain.

[pushbrk 12,968]

Isn't it awful we have to prove the validity of our marriages?

Isn't it awful that many people are in sham marriages for immigration benefits. Would you suggest that they all be allowed a visa without question?

It's a tough balancing act. How does the government make the process difficult enough to discourage scammers without making it too difficult for the US citizens that the system is intended to benefit?

Let's look at it from a potential scammers point of view...

First, you gotta get a US citizen to fall in love with you, pony up some cash for visits to your country and various fees, and commit to the time and effort needed to go through the blizzard of paperwork. Ok, not too difficult if you're reasonably attractive, and a reasonably good actor/actress. There isn't too much the government can do to make this stuff intentionally more difficult than it already is.

Next, you have to go to an interview at a US consulate and convince a CO that you are really in love. This is where the US government sets up it's first set of roadblocks. If your relationship doesn't pass the smell test, they send you back to square one - do not pass "go", do not collect a visa. This is where your acting skills can really pay off. If you were adequately educated going into the process, and you've played your cards right, then you should have plenty of evidence to prove that your US citizen fiance/e really loves YOU. Now you just need to persuade the CO that your sentiments are the same. Again, if you're reasonably attractive and somewhat charming, this shouldn't be too tough. The odds are probably better than even that you'll walk out with a visa.

The final set of roadblocks comes after you arrive in the US and marry your pigeon, er... US citizen fiance/e. The government says you have to remain married to this fat, ugly slob for two years before you get the prize - a 10 year green card, and unconditional resident status. This is where even the best fraudsters sometimes crack. It's not too tough to keep up the charade for an hour or two in daily chat sessions and phone calls, and a few weeks at a time when your fiance/e comes to visit, but keeping it up for two years straight, 24 hours a day, can be very VERY tough! Fortunately, the US government has provided an alternative route - divorce! You just have to prove you entered the marriage in "good faith". Again, if you were reasonably educated about the process going in, then you've been smart and collected your evidence. The only tough part is that it can take more than two years to get a divorce in some states. Again, the US government comes to the rescue - abuse! Provoke a couple of fights with your new husband/wife, call the cops, and collect the police reports. When you're ready to make the leap, pack up your stuff (don't forget your "good faith" evidence) and head off to the battered women's shelter.

This is an admittedly pessimistic view, but there are a sufficient number of foreign spouses who manage to pull it off every year. For anyone who thinks the process is intentionally too difficult for sincere people, try to bear in mind that the system was intended to try to stop people who would abuse it as described above. Pretty much anything the government could do to further reduce fraud would increase the difficulty for either the US citizen or the foreign fiance/e.

Excellent. However, the "in love" part is not what is meant by a bona fide relationship. The concept itself is a murky one and people with arranged marriages can still pass the bona fides test. Nobody should fool themselves into thinking mutual true love is the key to a fiancee or spouse visa or that deriving an economic or immigration benefit is absent from the mind of foreign fiancees or spouses in BONA FIDE relationships. Often those potential benefits are the primary reason they put their profiles on dating websites to begin with. In and of itself that doesn't preclude them from obtaining those benefits through a legitimate, mutual, genuine relationship.

It's also a shame that many unfortunate "fat, ugly slobs" the above described scenario plays out hundreds, if not thousands of times a year.

[Dakine 26]

"More visits for more time, can't be faked and usually results in better interview preparation, better interviews and better results."

If scammers have to money it's VERY easy to do multiple visits just takes the bucks. Rich Americans who want to get a relative wouldn't have any problem paying for multiple trips.

"It's also a shame that many unfortunate "fat, ugly slobs" the above described scenario plays out hundreds, if not thousands of times a year."

TRUE!

Edited November 11, 2009 by Dakine