Could this be true?

[ladybee 0]

Hello everybody well this is my situation I met my finance in 2007 in august. So I finally filed the K-1 in 2009 march then everything was fine it got approved,then october my fiance had his doctors appointment for the pyshical it was fine, he payed the fee for , he went to the interview the officer told him everything looks good. He answers all questions. The officer took his passport and never returned it. The officer said he would call him he never did. So I had to call the embassy when I spoke to the consulate directly about why my finace was not issued his passport or visa he said "inability to get married" he said no further information could be given. So I have to wait for this letter of explaination from USCIS I ve got it today it says U S Citizenship and Immigration Servies is administratively closing this petition because the original validity dates have now pasted.

And other things which is to long. What should I do now start over ask for a review on the case I am unsure I thought I have up to two years to file for the petiton. Pleeas any advice thank you

[Minya's wife 24]

How long after the initial interview did you contact the consulate? What exactly did they tell you....that they denied your fiance's visa? Inability to get married is not a reason to deny a fiance visa.

Does the letter from USCIS state that they received the petition back from the consulate? They don't just administratively close petitions unless the consulate denies the visa and sends the petition back to them...you're missing a few details.

In any case...given that the petition is closed, there is no 'review' that can be done. You're free to file again...but you should find out exactly why the consulate denied the visa the first time around and be sure you're ready to address those concerns at your second interview.

[Penguin_ie 5,993]

How long after the initial interview did you contact the consulate? What exactly did they tell you....that they denied your fiance's visa? Inability to get married is not a reason to deny a fiance visa.

Surely "inability to get married" is a very valid reason to deny a fiance visa, ie the officer believes one of the parties cannot get married because a previous marriage has not been properly disolved or the two are married already?

[Martyshk 137]

Surely "inability to get married" is a very valid reason to deny a fiance visa, ie the officer believes one of the parties cannot get married because a previous marriage has not been properly disolved or the two are married already?

Just curious how that was over overlooked by USCIS and NVC, hm...

[pushbrk 12,884]

Just curious how that was over overlooked by USCIS and NVC, hm...

Plenty of possibilities including misrepresentation.

To answer the OP's question though, USCIS, particularly CSC routinely takes this cop-out route by letting the petition expire and die instead of bothering to review the Consulate's decision. Your options are to address the actual issue and file again, or render any question of ability to marry moot, by getting married and starting over with the CR1 Spouse visa route.

First order of business is to solve any issues related to freedom to marry related to yourself or the foreign fiance.

[ladybee 0]

How long after the initial interview did you contact the consulate? What exactly did they tell you....that they denied your fiance's visa? Inability to get married is not a reason to deny a fiance visa.

Does the letter from USCIS state that they received the petition back from the consulate? They don't just administratively close petitions unless the consulate denies the visa and sends the petition back to them...you're missing a few details.

In any case...given that the petition is closed, there is no 'review' that can be done. You're free to file again...but you should find out exactly why the consulate denied the visa the first time around and be sure you're ready to address those concerns at your second interview.

yes i called 2 weeks after the decision to the embassy yes the consulate send it back

[ladybee 0]

Plenty of possibilities including misrepresentation.

To answer the OP's question though, USCIS, particularly CSC routinely takes this cop-out route by letting the petition expire and die instead of bothering to review the Consulate's decision. Your options are to address the actual issue and file again, or render any question of ability to marry moot, by getting married and starting over with the CR1 Spouse visa route.

First order of business is to solve any issues related to freedom to marry related to yourself or the foreign fiance.

I believe that is what happen they just let it die, I did get divorced 2008

[ladybee 0]

so pushbark your saying i should get married instead of getting a k-1 visa?

thank you everyone

[Minya's wife 24]

Plenty of possibilities including misrepresentation.

To answer the OP's question though, USCIS, particularly CSC routinely takes this cop-out route by letting the petition expire and die instead of bothering to review the Consulate's decision. Your options are to address the actual issue and file again, or render any question of ability to marry moot, by getting married and starting over with the CR1 Spouse visa route.

First order of business is to solve any issues related to freedom to marry related to yourself or the foreign fiance.

yes i called 2 weeks after the decision to the embassy yes the consulate send it back

ladybee, was your divorce finalized when you initially filed the I-129F? Has your fiance ever been married and divorced? If so, was documentation of the divorce included?

Before you rush off to file another I-129F or marry and file the I-130 (spousal visa petition), you should make sure that those concerns regarding 'inability to marry' have been addressed.

[Audy_Rob 26]

so pushbark your saying i should get married instead of getting a k-1 visa?

thank you everyone

No, he is not saying get married instead of filing as K-1.

It seems you are free to marry now. There was some mix up but I do not know what it is. If you are free to marry now and your foreign fiance(e) is also free to marry, you can go either way. I-129F petition for a K-1 or the CR-1 way.

Edited March 30, 2010 by Audy_Rob

[JimVaPhuong 4,863]

so pushbark your saying i should get married instead of getting a k-1 visa?

thank you everyone

No, he is suggesting that getting married and filing a CR1 may render the "inability to marry" a moot question. However, that presumes that whatever reason the consulate used to conclude that either you or your fiance were unable to marry either never existed, or no longer exists. If the consulate came to this conclusion based on a reason that still exists even after you are married, then they will consider your marriage invalid. For example, if your fiance was previously divorced through some sort of social event (perhaps he is Muslim, and he divorced by pronouncing "Talaq"), but the divorce was never recognized by the government, then the consulate might conclude he wasn't free to marry again. Same if Burkina Faso permits polygamy, and he has a prior marriage that was never terminated. I really don't know much about this country.

You really need to find out exactly why the consulate concluded there was an "inability to marry", and make sure this problem is resolved before you file another petition. This should have been clearly spelled out on the denial letter your fiance received at the consulate. If you can't get this information from the consulate or USCIS, then you should consider filing an FOIA petition to get the information released.

[Chris W 0]

Unfortunately, a significant number of fraudulent applications originate in consulates throughout Africa. Therefore, USCIS (and the embassies/consulates themselves) tend to be a little more thorough with petitions and applications. Are there any, how should I put this, unusual factors about your relationship? Significant age difference, that kind of thing? Although we may not agree with the decision the consulate took, doubtless there is a reason that they made the decision they did. You need to find out that reason in order to figure out how to satisfy them that your relationship is genuine and that the application is legitimate.

[Fandango 1,439]

When was the last time you saw him? Is this a 'meeting within the past 2 years' issue?

[pushbrk 12,884]

No, he is suggesting that getting married and filing a CR1 may render the "inability to marry" a moot question. However, that presumes that whatever reason the consulate used to conclude that either you or your fiance were unable to marry either never existed, or no longer exists. If the consulate came to this conclusion based on a reason that still exists even after you are married, then they will consider your marriage invalid. For example, if your fiance was previously divorced through some sort of social event (perhaps he is Muslim, and he divorced by pronouncing "Talaq"), but the divorce was never recognized by the government, then the consulate might conclude he wasn't free to marry again. Same if Burkina Faso permits polygamy, and he has a prior marriage that was never terminated. I really don't know much about this country.

You really need to find out exactly why the consulate concluded there was an "inability to marry", and make sure this problem is resolved before you file another petition. This should have been clearly spelled out on the denial letter your fiance received at the consulate. If you can't get this information from the consulate or USCIS, then you should consider filing an FOIA petition to get the information released.

Pretty good explanation of what I had in mind. I've been out of pocket all day enjoying San Francisco.

To the OP, when you get to know me, you won't read anything extra into what I write. I gave you two options. Both require addressing any legitimate reason the Consulate had in reaching their conclusion. Both people must be legally free to marry on the date the I-129F petition is filed. You don't indicate which of the two of you the Consulate concluded was not free to marry on the filing date or ceased to be free to marry after the filing date but I suspect one of you knows exactly what the problem is. If it's not you, it's him.

In a similar vein, I spoke to a woman today who says her fiance who stayed in the USA 9 years on a tourist visa told her the CBP officer didn't give him a reason for denying him entry to the USA a few months after he left. I just hate it when I have to inform people their supposed loved one is lying to them.

Edited March 31, 2010 by pushbrk