A glimmer of hope

[ms_jinga_lala 0]

it took a good 2 months before our case made it back to uscis.

Thank you for that information, I was curious how long it would take them.

[ms_jinga_lala 0]

***BEWARE.....RANDOM VENTING ******

Stupid snow!! I need to file my complaint with DOS before I run out of anger. Bleh....they need to come back to work. Somebody send a snow plow up there and lots of salt....please.....

[isitasham 1]

Ms jinga lala,

First of all I applaud you for your courage and taking on the fight. My situation is somewhat similar to yours where our first K-1 was denied because our petition expired and also that the CO was not convinced about the relationship. There was no third degree from the CO during the interview of my fiancee …… just ice-cold attitude. May be because she was there with her 2 children, they were not so hard on her………anyway they denied our case. I was very mad and PO too……….got my congressman involved talked to lawyers and the VJ community went to India and spent more time with my fiancée and her two kids………returned to US and filed for the K-1 again. Its still in process….

Having read through your posts, here is my opinion (for whatever it is worth):

Challenges:

1. Your fiance is from the state of Punjab (as you mentioned) – a RED FLAG. If New Delhi is a high-fraud embassy then Punjab would add even more to the already high scrutiny that one can expect. My fiancée is from a neighboring state of Punjab and when she went for her interview the Caucasian CO (a lady), assumed from the way my fiancée was dressed that she is a Punjabi and tried to talk to her in Punjabi even though my fiancée speaks English and hindi (mother tounge). Point I am making is that the CO’s go by the stereotypes and they definitely have biases no matter how professional they try to present themselves. There is a multitude of cultures and traditions in India and over time these have now become so complex and inter-twined that even for someone with a Ph.D its going to take a life-time to separate these out……and then talk about pigeon-holing some one into one of these in a 15 minute interview.

2. You mention that “His family is an educated family and is a lot more modern thinking than most of the Indians I have met“ ……… this would have been a plus for you guys if the CO had felt that way from the conversations they had with your fiancé at the interview. Again the bias comes into play where the CO would generally associate forward thinking with speaking fluent English. So if he was not able to express himself freely in English, then that would be a red flag from CO’s point of view.

3. Fact, that he is marrying someone with 3 children is definitely a red flag from CO’s point of view – the burden is certainly on you both to disprove that this is not a marriage of convenience. In our case there are children on both sides and they still denied our case.

Things in your favor:

1. You are at Vermont Service Center where they have been known to re-affirm the returned petitions in some cases. We on the other hand are at (the spine-less) California Service Center where they are not willing to stand by their own judgement. So you do have a chance of your petition getting re-affirmed………… it could take a long time though.

2. You are a fighter and you truly believe that it is genuine relationship and you love each other.