Action after interview refusal?

[aghmeiti 0]

First of all, I want to appreciate your wonderful information here at vj. It helped us a lot.

After a long and frustrating wait since we started to file a petition on April 2009, I was interviewed couple days ago. First, an officer took my passport, 131$ bank receipt, Medical package, 2 photos, and bunch of emails, post cards, phone records, photos as evidence of ongoing relationship. From the common review here and throughout the internet, I expected to be treated nicely at the time of interview, but unfortunately, I was interviewed by a middle-age Caucasian woman talking not so nicely. Anyway, after taking oath, she started asking me some Qs:

- What is your job? I'm a ....

- How did you meet your fiancée? Through a mutual friend. His name is ...

- How long do you know each other? Since late Oct 2007.

- When did you engage? Jun 17, 2008.

- Did you know that your fiancée had a husband? Yes I did. But her ex-husband abandoned her at 2006 to go to LA.

- When did she get divorced? Sept 19, 2008.

- Why did you become engaged knowing she had still a husband? Her ex-husband spent a while to become resident of LA in order to start processing of divorce. Moreover, this process took time because they were living in 2 separate states. But we both know they were at the process of divorce.

She started, I don't know, searching or typing something. Then, she told me your relation was not identified and she gave me red paper stating "return to NVC"!! I was damn shocked!!!!! She didn't even ask me about our relation and how long we have been together! We were living for at least 8 months under a roof. We love each other and as we knew that the process of k1 takes a bit shorter than k3, we came to decision not to get married on my country. We are still shocked, so does our lawyer! She had told us, our case is very easy and straight forward with lots of powerful documents showing our relationship is real! After hearing such horrible thing happened, she instantly sent an email to the consulate asking the reason. They replied the same. She had even stated at her email that becoming engaged before divorce is not illegal!

I need some recommendations regarding following Qs. Your kind answers are greatly appreciated.

1- Which option has higher chance of approval? Waiting for our package sent back to USCIS for further evidence and reaffirmation, or my fiancée travels to my country and we get married and then we start k3 process?

2- Which option takes shorter time?

3- I heard a rumor regarding k1 will be banned soon for all Iranian applicants. However, all k1s were rejected since 2-3 weeks ago at Ankara without any sensible reason! Is that possible?

4- How long each option takes regularly? Our service center is Vermont.

5- What should we do to show our love and what kind of evidence is needed? I gathered all of our emails (2-3 emails per day), phone records (almost every day and all weekends) and our photos showing we lived and traveled together and our engagement ceremony. What else do they need?????

6- What can our lawyer do in this stage and when package returned to USCIS?

7- With what I explained above, what's the possibility of approval with k1 after reaffirmation?

I know it's a lot of questions, but pleaseeeeeeeeeee help us. We are really devastated. We can't stop crying since that damn day and even can't think logically (((((((((

[nanggroe 1]

sorry to hear your story... but I have no idea how to answer your question... I truly hope others will come along and have some answers for you

All the best.

Nanggroe

[aghmeiti 0]

sorry to hear your story... but I have no idea how to answer your question... I truly hope others will come along and have some answers for you

All the best.

Nanggroe

Thanks for your sympathy ...

[Ney 0]

I am truly sorry!

What does you attorney say? Surely the attorney has some knowledge of what your next step should be. I wish I had some advice, but we haven't even been to the interview yet.

I hope someone who can guide you will come in with some solid answers for you. I wish you a quick resolution.

[bankermai 1]

I am sorry to hear ur situation, I would suggest u not to wait for the rebuttal of petition it will take years , simply get married and go for CR1 visa, I have seen many people like u who got refused with K1 and then got cr1 .

I am not an attorney this is just a suggestion . Best of luck

[NigeriaorBust 4,087]

Before I can say anything it is important to know which center you applied through. The way a returned visa is handled is different between the two.

[Gary and Alla 3,694]

First of all, I want to appreciate your wonderful information here at vj. It helped us a lot.

After a long and frustrating wait since we started to file a petition on April 2009, I was interviewed couple days ago. First, an officer took my passport, 131$ bank receipt, Medical package, 2 photos, and bunch of emails, post cards, phone records, photos as evidence of ongoing relationship. From the common review here and throughout the internet, I expected to be treated nicely at the time of interview, but unfortunately, I was interviewed by a middle-age Caucasian woman talking not so nicely. Anyway, after taking oath, she started asking me some Qs:

- What is your job? I'm a ....

- How did you meet your fiancée? Through a mutual friend. His name is ...

- How long do you know each other? Since late Oct 2007.

- When did you engage? Jun 17, 2008.

- Did you know that your fiancée had a husband? Yes I did. But her ex-husband abandoned her at 2006 to go to LA.

- When did she get divorced? Sept 19, 2008.

- Why did you become engaged knowing she had still a husband? Her ex-husband spent a while to become resident of LA in order to start processing of divorce. Moreover, this process took time because they were living in 2 separate states. But we both know they were at the process of divorce.

She started, I don't know, searching or typing something. Then, she told me your relation was not identified and she gave me red paper stating "return to NVC"!! I was damn shocked!!!!! She didn't even ask me about our relation and how long we have been together! We were living for at least 8 months under a roof. We love each other and as we knew that the process of k1 takes a bit shorter than k3, we came to decision not to get married on my country. We are still shocked, so does our lawyer! She had told us, our case is very easy and straight forward with lots of powerful documents showing our relationship is real! After hearing such horrible thing happened, she instantly sent an email to the consulate asking the reason. They replied the same. She had even stated at her email that becoming engaged before divorce is not illegal!

I need some recommendations regarding following Qs. Your kind answers are greatly appreciated.

1- Which option has higher chance of approval? Waiting for our package sent back to USCIS for further evidence and reaffirmation, or my fiancée travels to my country and we get married and then we start k3 process?

2- Which option takes shorter time?

3- I heard a rumor regarding k1 will be banned soon for all Iranian applicants. However, all k1s were rejected since 2-3 weeks ago at Ankara without any sensible reason! Is that possible?

4- How long each option takes regularly? Our service center is Vermont.

5- What should we do to show our love and what kind of evidence is needed? I gathered all of our emails (2-3 emails per day), phone records (almost every day and all weekends) and our photos showing we lived and traveled together and our engagement ceremony. What else do they need?????

6- What can our lawyer do in this stage and when package returned to USCIS?

7- With what I explained above, what's the possibility of approval with k1 after reaffirmation?

I know it's a lot of questions, but pleaseeeeeeeeeee help us. We are really devastated. We can't stop crying since that damn day and even can't think logically (((((((((

1. Neither. Fastest would be to file another K-1, frontload the eptition with all your current evidence and prepare better for the interview. Being introduced by a fqamily friend is a major red flag in Iran.

2. Already answered

3. No, not true

4. It will take as long as the last K-1 but less time than appealing. Re-affirming won;t matter. USCIS approved you, the consulate denied you. File a new petition and frontload all the evidence of relationship you have at that time.

5. Anything and everything you have got. Showing "love" is not important. They do not care if you LOVE each other, they care if you have a relationship. Anything you have should be sent with the next petition.

6. I would say as good as the last time. None. Re-affirmation does you no good, USCIS didn't deny you and they will send everything back the same. A new petition allows you to attach all the evidence you have generated since your realtionship began in 2008. A couple more visitsa by your fiancee would be good also.

I NEVER recommend getting married and filing for a CR-1 as that is no gaurantee and those can be rejected also, but you would still be legally married.

Another option is for her to come to Iran, marry you and live there for a period of time 6 months to a year, and then file for a DCF. You will have plenty of evidence then.

[elmcitymaven 9,712]

Moving to Waivers (I-601 and I-212) and Administrative Processes (221g) forum from K1 forum for further answers.

Best of luck to the OP on this.

[spectheintro 18]

Another option is for her to come to Iran, marry you and live there for a period of time 6 months to a year, and then file for a DCF. You will have plenty of evidence then.

I don't think Americans living in Iran can do a DCF. America only has an attache through the Swiss embassy, and to my knowledge it is not equipped to handle any consular affairs whatsoever with regards to immigration.

[aghmeiti 0]

Dears Ney, Bankermai, and NigeriaorBust,

Thank you for your nice sympathy and suggestions.

[aghmeiti 0]

1. Neither. Fastest would be to file another K-1, frontload the eptition with all your current evidence and prepare better for the interview. Being introduced by a fqamily friend is a major red flag in Iran.

2. Already answered

3. No, not true

4. It will take as long as the last K-1 but less time than appealing. Re-affirming won;t matter. USCIS approved you, the consulate denied you. File a new petition and frontload all the evidence of relationship you have at that time.

5. Anything and everything you have got. Showing "love" is not important. They do not care if you LOVE each other, they care if you have a relationship. Anything you have should be sent with the next petition.

6. I would say as good as the last time. None. Re-affirmation does you no good, USCIS didn't deny you and they will send everything back the same. A new petition allows you to attach all the evidence you have generated since your realtionship began in 2008. A couple more visitsa by your fiancee would be good also.

I NEVER recommend getting married and filing for a CR-1 as that is no gaurantee and those can be rejected also, but you would still be legally married.

Another option is for her to come to Iran, marry you and live there for a period of time 6 months to a year, and then file for a DCF. You will have plenty of evidence then.

Thank you for your suggestions and covering all points.

1- Don't you think with filing new petition, unknown issue which resulted in denial will be still raised at the time of interview? I was fully prepared for previous interview, but as you may kindly read above, they denied me without logical explanation. We still do not know Why???? We knew being introduced by a mutual friend or family member will cause negative impact, but we preferred to be honest. Because we were so sure of our relationship!

2- Do you recommend we change our consulate in new petition or after reaffirmation to Abudhabi instead of original one, Ankara?

3- What does DCF stand for? Direct consular filing? Can we in Iran apply for it?

Thank you an ocean for your guide ...

[aghmeiti 0]

Moving to Waivers (I-601 and I-212) and Administrative Processes (221g) forum from K1 forum for further answers.

Best of luck to the OP on this.

Dear elmcitymaven,

I just asked for another possibility for k3. I think it still relates to main forum of k1, as I searched for any guides related to refusal and I couldn't find. I think this story and answers will definitely help many users with same situation.

Thank you....

[Twisted K 2]

check out the pinned topic on the MENA forum. great information and advice, which we followed, and now have the visa. it took us about 13 months from our k1 petition being sent back to our cr1 visa. it entails a LOT more then simply getting married, and filing a cr1 visa. you have to prove that their previous denial was not because you do not have a bona fide relationship. our k1 was denied because we could not provide the evidence, and our petition was left to expire. which is perfect for california. since yours was filed in vermont, they do (sometimes and very rarely) reaffirm i129 f petitions. i know of a few on visa journey. so if you got married, then that automatically voids the fiance chance. you can read on my profile our journey. it will take some time, but if you are in a real relationship, then you should let nothing stand in your way. good luck to you

[aghmeiti 0]

check out the pinned topic on the MENA forum. great information and advice, which we followed, and now have the visa. it took us about 13 months from our k1 petition being sent back to our cr1 visa. it entails a LOT more then simply getting married, and filing a cr1 visa. you have to prove that their previous denial was not because you do not have a bona fide relationship. our k1 was denied because we could not provide the evidence, and our petition was left to expire. which is perfect for california. since yours was filed in vermont, they do (sometimes and very rarely) reaffirm i129 f petitions. i know of a few on visa journey. so if you got married, then that automatically voids the fiance chance. you can read on my profile our journey. it will take some time, but if you are in a real relationship, then you should let nothing stand in your way. good luck to you

Thank you Twisted K,

Would you please provide me its URL? I search menaforum.com, but I did not find your profile there.

So you think it's better we get married instead of re-affirmation?

does it take this long??? so don't you think we have higher chance with regular process of re-affirmation??

Thank you so much for your help ...

[Twisted K 2]

honestly, i would give it some months before rushing to get married. like i said earlier, vsc has in 2009 re-affirmed several expired petitions. for the pinned topic: http://www.visajourney.com/forums/index.php?showtopic=3896