K1 denied---please help

[slider100 8]

As crazy as it might sound, sometimes its not too fun being the last interview of the day. I have read tons of posts on here and the thing is, if they suspect a fraudulent relationship, they might save you till the end of the day or they may not. It just depends on what consulate you are dealing with.

If the C.O. has already made his/her decision before the day of the interview while he/she was reviewing your file, it is very hard to change his mind.

Please ask your fiance to make a list of all the questions asked, in the order they were asked. Also, once you hear from him, try to make sure that the case stays at the Consulate and it is not drafted back to USCIS.

KnR aka slider100

[nabilnicole 0]

HOw do you make sure the petition stays at the consulate?

[Miss smarty pants 84]

He does not have any family in the US. My first visit was 6 days, the second visit was 11 days. I will have to get him to write out all of the questions...he is on his way home now.

YES he was the last interview.......WHYYYYY??????

I think sometimes they will save a case they suspect of being fraud for the last of the day. I am thinking it seems that most of the cases I have heard of being denied were saved for last on the day of the interview.

Did you file for the fiancee visa after just the first visit? How long was your relationship before you filed?

Morocco is a high fraud country and they think of short engagements as highly likely to be fraud cases.

In the Mena forum, I have bumped the 'cases returned to USCIS' thread.

One thing many people reccommend is the call your senator or congressman and have them call the consulate on your behalf. That did not work for me, but maybbe it will for you. If it does not work to help keep your case there, then you will have to wait for it to get back to USCIS, which can take several months. Sometimes they will review the case, sometimes it will simply expire and they will close it. Either way, if you can get your case to stay at the consulate, you will be better off.

[slider100 8]

HOw do you make sure the petition stays at the consulate?

There are a few ways in which you can make sure that the petition stays at the Consulate.

1) Get in touch with the Consulate asap: Email them, phone them and explain your situation.

Note: While emailing the consulate, make sure you include your case number in the Subject line.

2) Get in touch with your Congressman/Senator. With elections around the corner, I am sure they will look in your case with more zest.

Hope this helps!

[Miss smarty pants 84]

HOw do you make sure the petition stays at the consulate?

You can call them yourself and ask to speak to the Consular Chief. Or....you can call you Congressman OR Senator and get help. Don't call them both. Just pick one if you go this route.

[moroccogirlny 100]

Both of our interviews were held to the last interview of the day. 1st case denied, 2nd case after 4 1/2 years was approved.

[Peace.... 281]

K1 was denied in Casablanca Morocco today. I have been to Morocco 2 times in the last 6 months. My fiance brought all the necessary evidence but was still denied. We are thinking he was denied today because he applied for a visitor visa about 2 years ago and was denied. PLEASE PLEASE PLEASE if anyone can guide us on what to do now......we feel helpless and don't know where to start!!!!

Sorry to hear this news from Casablanca. My fiance was just interviewed and he too was the last one. Actually, it was not like what we have heard at all being the last one. His interview was good and the CO was very nice and asked a few more questions but overall being the last one was not at all a reason for denial. My fiance, also applied for a student visa in 2006 and was denied but they only asked him, did you ever apply for any visas and of course he told them about the student visa. There were some very very very personal questions where my fiance was like hmmmm to answer because it was so personal and he told the CO of this, so the CO said just please answer. At this point, the CO said, I would like to call your fiance and ask her some few questions as well to see if your stories match. So he called me and yes it's rare but I got the phone interview.

Actually, the age difference was not even a big deal at all (14 years apart). The CO really didn't care, so maybe age difference is not so much an issue as most think in Casablanca, they are seeing it more and more these days.

The CO looked at all evidence which I had plenty over the 2 years. I did travel 5 times in the last 16 months.

I can tell you this though.... The CO told me over the phone that my fiance knew me very well from his answers. This is the clue to passing that interview. Forget the red flags, just answering each question with confidence is what they are looking for. My fiance has a friend that works at the Casablanca Embassy, and he told my fiance, whatever you do, go in there and answer honestly and make sure you know what your talking about in regards to your fiance in USA. I mean even questions like what color is your fiances cars was one of the questions, what did her mother do after her husband was killed (job wise). All these questions are tricky and one must know each other from head to toe when it comes to interviewing in Morocco.

Mohammed had a successful interview and was given the orange slip for AP. He had his visa in a week.

If you need anything, we are hear to answer your questions. So sorry again.

Edited October 20, 2010 by foreverwaiting

[Zen Den 18]

221g is... http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

"Section 221(g) of the Immigration and Nationality Act reads:

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212..."

if you think you presented enough evidence of a genuine relationship, the denial must have been caused by how exactly the interview went, what specific questions were asked and what his exact answers were. ask him about this.

in any case, you can still appeal/reapply w/out having to pay again...check out the same webpage. good luck =)

[Lisamarie 79]

Could you possibly give us a list of those questions as you both can remember them? That would really help many of us out to prepare, although I know the questions won't all be the same but at least we could get an idea of what they might ask. Thanks!

Sorry to hear this news from Casablanca. My fiance was just interviewed and he too was the last one. Actually, it was not like what we have heard at all being the last one. His interview was good and the CO was very nice and asked a few more questions but overall being the last one was not at all a reason for denial. My fiance, also applied for a student visa in 2006 and was denied but they only asked him, did you ever apply for any visas and of course he told them about the student visa. There were some very very very personal questions where my fiance was like hmmmm to answer because it was so personal and he told the CO of this, so the CO said just please answer. At this point, the CO said, I would like to call your fiance and ask her some few questions as well to see if your stories match. So he called me and yes it's rare but I got the phone interview.

Actually, the age difference was not even a big deal at all (14 years apart). The CO really didn't care, so maybe age difference is not so much an issue as most think in Casablanca, they are seeing it more and more these days.

The CO looked at all evidence which I had plenty over the 2 years. I did travel 5 times in the last 16 months.

I can tell you this though.... The CO told me over the phone that my fiance knew me very well from his answers. This is the clue to passing that interview. Forget the red flags, just answering each question with confidence is what they are looking for. My fiance has a friend that works at the Casablanca Embassy, and he told my fiance, whatever you do, go in there and answer honestly and make sure you know what your talking about in regards to your fiance in USA. I mean even questions like what color is your fiances cars was one of the questions, what did her mother do after her husband was killed (job wise). All these questions are tricky and one must know each other from head to toe when it comes to interviewing in Morocco.

Mohammed had a successful interview and was given the orange slip for AP. He had his visa in a week.

If you need anything, we are hear to answer your questions. So sorry again.

[Lisamarie 79]

I'm really sorry to hear that. We're not at that point yet so I don't have any advice to get, but I hope you will be able to turn it around before it gets sent back. Best of luck to you.

K1 was denied in Casablanca Morocco today. I have been to Morocco 2 times in the last 6 months. My fiance brought all the necessary evidence but was still denied. We are thinking he was denied today because he applied for a visitor visa about 2 years ago and was denied. PLEASE PLEASE PLEASE if anyone can guide us on what to do now......we feel helpless and don't know where to start!!!!

[nabilnicole 0]

Just got off phone with dept of state. According to them, a 212g means a decison has not been made, the case is still under review. She said there is nothing in the computer that states our visa was denied......could still be denied but as of right now it is still under review. Any experience or comments???

[Always+Forever 7]

Just got off phone with dept of state. According to them, a 212g means a decison has not been made, the case is still under review. She said there is nothing in the computer that states our visa was denied......could still be denied but as of right now it is still under review. Any experience or comments???

Ok Nicole...first off BREATH...many of us have been through this...we got our 221(g) in June. 1st thing u need to do is call & email the consulate...find out what they tell u, see if the case has been returned yet. Also u need to contact your senator or congressman. We r working with our Senator. Also, has your fiance sent u a copy of the form they gave him yet? I'm assuming it is a refussal worksheet marked 221(g). If the consulate replies back that your case as been returned to USCIS & give u the diplomatic pouch #, then u can call the pouch tracking # (i believe i posted it on here: Sent Back to USCIS thread (If u can't find it, feel free to msg me) If there is a pouch #, then the case should have left the consulate (according to how they r handled...no pouch # is assigned till the case is leaving). If not, call and try to speak with the conular chief, get as many details as u can, go through the questions asked at the interview (everything is asked for a reason). Also, if its still at the consulate you can try sending in a rebuttle letter (after u figure out the reason from the interview questions) & get letters of support from family & friends. Don't let up...do the same with the Senator's office, each office has an individual that handles visa cases...find them & send them all your info. The more u push, the more serious u seem, and hopefully the quicker the case will be reviewed. Are u through CSC or VSC? (i don't remember...sorry) CSC seems to be reviewing the returned K1s now...u can also make sure that they renew the expiration on your case to give it time to be reviewed, etc.

Ok...i'm sure there is more...but i think that will get u started. Let me know if you have any questions. And check out these sites:

http://www.visajourney.com/forums/topic/3896-returning-petitions-to-the-united-states-via-221g/

http://www.visajourney.com/forums/topic/260587-the-hoping-not-to-be-denied-at-casablanca-thread/

Best of luck & stay strong...we r all here to help. And as for someones suggestion to hire a lawyer...i have mixed reviews on that...I did it all myself with the help of my Senator's office. I think most of the info u need should be here, unless u have special circumstances in your case. You can also msg Marc Ellis on here & he will give u pointers regarding your case. You can find him here: http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

Monica

[Always+Forever 7]

Almost forgot....as for DOS saying the case is still in review...the consolate can deny giving a visa, but they can't deny the actual petition without the Service Center (CSC or VSC) also denying it. So they send the case back with the 221(g) recommending that the service center revoke the original NOA2 approval. There r usually a few things that can happen with these cases: u can stop it & get it reopened at the consulate (VERY rare), the service center will review the case & send u a NOID so u can rebuttle the case (and they decide to deny or reaffirm), you can go get married (which will make the K1 useless, but the reason for the denial can still come back when u file for CR1), or they will just let the case expire (at while time u can refile the K1, or get married & file CR1...but the reason for the original denial will probably still be brought up). Hope that's not too confusing. This whole process is crazy.

Monica

[desert_fox 32]

He does not have any family in the US. My first visit was 6 days, the second visit was 11 days. I will have to get him to write out all of the questions...he is on his way home now.

YES he was the last interview.......WHYYYYY??????

You should go to the MENA forum and review the Marc Ellis criteria of red flags. You prob triggered a half dozen of them. It's pinned there. It's a tough Consulate and they aren't about to give a fiance visa to someone that you have spent a total of 17 days with. Go over there and live for 3-6 months. Demonsnstrate that you have a valid relationship. The general rule is that he wont get a visa based upon what you have posted. Being older is just one red flag.

]

The Consulate has to make a subjetive judgement on you relationship based upon the situation.

Expect a few years to get this all resoloved one way or another.

[sachinky 465]

It's a tough Consulate and they aren't about to give a fiance visa to someone that you have spent a total of 17 days with.

Agreed 100%.