"Non Conclusive" Admin Processing

[Team Erra 0]

Hi All!

I had legal representation to help with bringing my fiance from India to America after almost 4 years together. Our petition expired while still waiting for the interview to be scheduled. We required additional documents and processing following the interview - which we provided. 3 weeks later we learned that our petition was not revalidated becuase my fiance "failed to provide information on petitioner's background" - something he was never asked to do and that our information was "non conclusive" and therefore sent back to the national visa center. Our immigration attorney said he had never seen this in 25 years.

Apparently, it seems they think we did not have a genuine relationship since we met online or becuase he's not rich or something ridiculous even though we had a lot of proof of relationship.

Anyone know anything about this - what to do or a next step? Would LOVE some help. I don't know if we can move on to K-3 spoue visa yet cause I don't think our case is officially closed out. Would love advice.

[Penguin_ie 5,993]

Whether you fight the NOID, re-apply or get married and apply for a spousal visa (the K3 is dead- you would be applying for a CR-1), you need to find out exactly why the denial happened, so you can avoid the problems next time.

With him not being rich, do you mean he didn't fulfill the terms of the affidavit of support? With them thinking your relationship is not genuine, is there any indication why? Meeting online is normal, but how many times did you meet in person? Does his family approve? Is there a large age difference? Was he unable to answer certain questions in the interview?

If you choose to re-apply for a K1 or a CR-1, just cancel the current file first by sending a letter to the USCIS (and, to be safe, the embassy).

[Team Erra 0]

Whether you fight the NOID, re-apply or get married and apply for a spousal visa (the K3 is dead- you would be applying for a CR-1), you need to find out exactly why the denial happened, so you can avoid the problems next time.

With him not being rich, do you mean he didn't fulfill the terms of the affidavit of support? With them thinking your relationship is not genuine, is there any indication why? Meeting online is normal, but how many times did you meet in person? Does his family approve? Is there a large age difference? Was he unable to answer certain questions in the interview?

If you choose to re-apply for a K1 or a CR-1, just cancel the current file first by sending a letter to the USCIS (and, to be safe, the embassy).

Thanks -

There is a small age difference of 3 years (I'm older, he's 22). Our file was sent back because "the beneficiary did not provide detailed information on the petitioner's background" So he failed to provide something we were never asked to provide. I have been to India 4 times (3 times at the time of the interview) for a total of 21 days. Once we are married I'd be able to stay at my in-laws place but out of respect I stay at a hotel. I've met his family, but we were all so nervous we never took pictures. We fulfilled the affidavit of support but the consular officer must have immediately thought he was using me for money or a way into the States because she never even asked him question about ME. His questions at his very short interview were:

how did you meet, when did you meet, where will you stay (with her), do you have any relatives living in America, what are your education qualifications, let me see the documents (and she looked at 2 after being totally disgusted at our huge packet of papers and proof of relationship).

When we added our proof of relationship and over 200 people, names and phone numbers, who know we are engaged.... it still didn't seem to make a difference. I have proof of wedding venue deposits, letters of recommendation from professionals and pastors, notarized letters from his Dad (mom doesn't speak english - but knows all about me and approves - in fact his parents married for love when it was incredibly rare to not have an arranged marriage).

When we do get ready to reapply with CR-1, I will do with without legal representation because I can submit documents on my own and get denied... I don't feel he has been helpful in our fight currently... I will include photos of our civil ceremony, photos with his family, photos of my family with his family, photos of ceremony, photos of us both wearing our rings, photos in their home, photos outside all of us together... what else should I include to prove this is a genuine relationship and marriage? We are so devasted because this took 15 months and I only visited him once in that time to afford legal representation/his flight. We also will be so on the spot to make sure the petition doesn't expire.