Fiance visa interview need advice bad

[bwhite8727 0]

Hi my fiance Julia went in for her final interview today and the officer didn't seem concerned about the legitamcy of our relationship and didn't ever ask about it. She was told that they can't come to a decision without further investigation and didn't know how long it was going to take. To give you a little background she was initially on the J-1 waiver and this is how we met. This expired in August and she left the country before it expired. Back in Germany she applied for a student visa and was denied it b/c the interviewer was having a bad day, i can only guess. She was denied again a few weeks later by the same lady. Thinking she was allowed to go back for 3 months to gather her things, she did. Regretfully she wasn't allowed back b/c of the denial but she didn't realize this and customs didn't notice it either. The officer did believe she didn't know better but we realize this is our mistake. She then willingly signed up and attended classes for those three months and left b/f her 3 months expired. All throughout her aupair work and school which we attended together we were dating. When she left b/f the school in the fall we talked about getting married. We spent Dec of that year apart. I then went to visit her parents for 3 weeks in Berlin, then left again. We chatted everyday. I came back to Germany in July in Baumhalder where my uncle and his german wife live and I was with my stepmom, dad couldn't make it. I spent 2 weeks there and proposed on the last day. We have now spent another 7 months apart. Now back to her interview. I heard this lady there is not nice so I'm guessing we got her. Of course we aren't going to lie on the forms so we said she attended school that fall. Now we are helpless and think this will cause us to never see oneanother again. Julia had to explain more than 4 times the dates of things. And wasn't asked one ? about our relationship. I have 1 more year to get a ME degree so my dad is sponsoring us and it isn't a problem. She focused on the fact i didn't have a job. Will these denials haunt us forever and cause us to talk online quite literally forever. The officer also implied that even if we get the visa we could very likely get stopped at customs. Please help. I am dying to know the statue of limitations here. Can we be together someday if this gets denied. Thank you in advance.

[canadian_wife 1,829]

It sounds like the issue isn't with the visa denials (I had visa denials and it wasn't an issue) it sounds like the issue is her taking classes while on a tourist visa. Plus, was she on a J-1? Did she have the 2 year home residency requirement? Has this been satisfied?

If immigrating to the US doesn't work out, for whatever reason, you can always move to Germany. It may not be ideal for you but you are able to see her again.

If a denial comes, ask her to ask specifically why the visa was denied (so you know what to focus your next peitition on if you decide to refile). Visas aren't denied because the CO is having a bad day.

Good luck.

[bwhite8727 0]

It sounds like the issue isn't with the visa denials (I had visa denials and it wasn't an issue) it sounds like the issue is her taking classes while on a tourist visa. Plus, was she on a J-1? Did she have the 2 year home residency requirement? Has this been satisfied?

If immigrating to the US doesn't work out, for whatever reason, you can always move to Germany. It may not be ideal for you but you are able to see her again.

If a denial comes, ask her to ask specifically why the visa was denied (so you know what to focus your next peitition on if you decide to refile). Visas aren't denied because the CO is having a bad day.

Good luck.

Yea she was on the J-1 and fortunately she didn't have the 2 yr requirement. I guess then the issue is how long will she be banned for taking the classes. I just have a hard time believing these denials aren't an issue b/c our marriage interview was focused on those throughout the talk and only those. She must not have asked any ?'s about our relationship b/c the evidence was already there?!? It is great to hear that the visa won't be denied b/c the officer doesn't like us. Is this same lady who other people have complained about going to be the one that interviews our case further? I would move to Germany, but I have a year and a half left of school. Maybe after. Thanks so much for the help.

[bwhite8727 0]

Yea she was on the J-1 and fortunately she didn't have the 2 yr requirement. I guess then the issue is how long will she be banned for taking the classes. I don't know if there is a rule on this and if anyone knows please pass that along. She must not have asked any ?'s about our relationship b/c the evidence was already there?!? Is this same lady who other people have complained about going to be the one that interviews our case further? I would move to Germany, but I have a year and a half left of school. I would love to after. Thanks so much for the help.

[bwhite8727 0]

plus, after the interview she got this green piece of paper called "pending worksheet" which asked her to send in her passport and some stamps. and it also said that after the embassy received all those things that the visa will be sent to you in the mail. so that sounds promising!

[canadian_wife 1,829]

That is certainly promising. Good luck.

[KitEEgirl 0]

That sounds very promising! Plus if for some reason the K1 doesn't get approved... You could go to Germany, get married in Germany and then apply for a K3 VISA...which is a Visa petitioning your spouse instead of fiance....

I am sure it'll all work out... also the embassy is VERY quick to respond to emails. Send them an email Monday morning and see if the status has changed.

plus, after the interview she got this green piece of paper called "pending worksheet" which asked her to send in her passport and some stamps. and it also said that after the embassy received all those things that the visa will be sent to you in the mail. so that sounds promising!

[bwhite8727 0]

Hi me and Julia are concerned that if we get the visa that we can still get denied at customs. What are the odds of this happening. It doesn't seem right that we go through all this trouble to get the visa and then we will now be stopped at customs.

[Darnell 8,479]

plus, after the interview she got this green piece of paper called "pending worksheet" which asked her to send in her passport and some stamps. and it also said that after the embassy received all those things that the visa will be sent to you in the mail. so that sounds promising!

Good. what was in the 'pending worksheet' list, and what, if anything, was 'ticked off' in the list? You might want to ask her to scan it and email it to you.

Also, suggest you call the DOS Hotline, Get A Human and inquire about case status.

Edited January 10, 2010 by Darnell

[canadian_wife 1,829]

Why would you be denied at customs? I've never heard of that, and although the ultimate decision to allow the beneficiary to enter is up to the CBP, there is no basis for a denial after you've gone through.

But I'll tell you one thing, worrying about it isn't going to do a gosh darn thing to help you out.

Good luck

[bwhite8727 0]

The officer that interviewed her said that once the visa is approved if it is. That this is no gaurantee to re-enter. That customs ultimately has the final say. Me and her both are trying not to worry. But are desperately looking for some assurance that we won't have to spend the rest of our lives apart. But you make a good point. No assurance can really be given, especially in our particular case. We our still very positive though.

[trailmix 77]

That is true, that they have the final say. This did happen to someone, either in Nov or Dec, who posts here in the Canada forum. He should have been asked to file a waiver (can't remember why) but the CO said don't worry about it. They refused him entry.

Now, I don't think this happens very often, but there is no guarantee for anyone who receives a visa that they will be able to enter the U.S.

(not telling you this to make you worry, just want to confirm that what he said is true).

Good luck to you

[Gary and Alla 3,694]

Hi my fiance Julia went in for her final interview today and the officer didn't seem concerned about the legitamcy of our relationship and didn't ever ask about it. She was told that they can't come to a decision without further investigation and didn't know how long it was going to take. To give you a little background she was initially on the J-1 waiver and this is how we met. This expired in August and she left the country before it expired. Back in Germany she applied for a student visa and was denied it b/c the interviewer was having a bad day, i can only guess. She was denied again a few weeks later by the same lady. Thinking she was allowed to go back for 3 months to gather her things, she did. Regretfully she wasn't allowed back b/c of the denial but she didn't realize this and customs didn't notice it either. The officer did believe she didn't know better but we realize this is our mistake. She then willingly signed up and attended classes for those three months and left b/f her 3 months expired. All throughout her aupair work and school which we attended together we were dating. When she left b/f the school in the fall we talked about getting married. We spent Dec of that year apart. I then went to visit her parents for 3 weeks in Berlin, then left again. We chatted everyday. I came back to Germany in July in Baumhalder where my uncle and his german wife live and I was with my stepmom, dad couldn't make it. I spent 2 weeks there and proposed on the last day. We have now spent another 7 months apart. Now back to her interview. I heard this lady there is not nice so I'm guessing we got her. Of course we aren't going to lie on the forms so we said she attended school that fall. Now we are helpless and think this will cause us to never see oneanother again. Julia had to explain more than 4 times the dates of things. And wasn't asked one ? about our relationship. I have 1 more year to get a ME degree so my dad is sponsoring us and it isn't a problem. She focused on the fact i didn't have a job. Will these denials haunt us forever and cause us to talk online quite literally forever. The officer also implied that even if we get the visa we could very likely get stopped at customs. Please help. I am dying to know the statue of limitations here. Can we be together someday if this gets denied. Thank you in advance.

Some J1s have a "residency requirement" that she live in her home country for two years before getting another visa. Sounds like her case is in AP at the consulate. Any consulate can do this for nay reason, or no reason. There is no statute of limitations and there is no timeline in which they must respond to you. It does not have to be fair. Foreign nationals are not entitle to visas, they need to qualify for them, if they do not wualify or have some disqualifying factors, such as a residency requirement, the visa is denied. You can move to Germany if she is denied and be together. You could also try, depending on the reasons for denial, go to Germinay, get married and file for a CR-1.

I am thinking that her multiple attempts to get visas of whatever type is available (despite being from a VWP country where she can visit without a visa) is a red flag. Now she shows up with a fiancee visa request after spending some time in the USA, engaged to another student without the means to support her, etc. None of these things are disqualifiers taken on their face, but combined they can cause suspicions and tat is all it takes to deny a K-1 visa. The consulate does not have to prove anything...you do.

If you consider having her come on a VWP visit, get married and file for AOS, be advised, entering the US on a visitor visa, intending to get married AND attempting to adjust status is a serious offense and will result in her being deported and barred from entering the US again. It would be hard you didn't intend to get married since you already applied for a K-1 visa.

If she is issued a visa, you will have no problems at CBP when she arrives.

[Gary and Alla 3,694]

The officer that interviewed her said that once the visa is approved if it is. That this is no gaurantee to re-enter. That customs ultimately has the final say. Me and her both are trying not to worry. But are desperately looking for some assurance that we won't have to spend the rest of our lives apart. But you make a good point. No assurance can really be given, especially in our particular case. We our still very positive though.

It is very rare. The case metioned by Trailmix is true, however it is also a mistake of the consulate. The consulate in that case should never have issued that visa without a waiver and the CBP "caught" the consulates error. For a consulate to say this to you would, essentially, be saying "Oh yeah, and if we mess this up, you may not be able to enter the USA"

If you want more to worry about, consider also that USCIS can deny her green card and send her back home also. There a re a lot of steps in this process and you could have troubles at any point, but it is sily to worry about it. Get your ducks in a row and do what you need to do and 99% of the time everything will be OK.

It is ALWAYS the final judgement of the CBP to allow ANYONE into the country and ANYONE can be refused "just because" but to imply this is somehow something else for you to worry about is silly.

[canadian_wife 1,829]

Trailmix, I remember that case. OP - I shoudn't have said that there is no basis for refusal because obviously people make mistakes and if there was a reason for denial and the CBP caught it instead of the embassy then they can be denied.

But again, this is rare. Worrying about it isn't going to help any.

Good luck.