K1 refused at new delhi thinking of CR1 DCF now

[RCG 3]

Hello friends

we had a long K1 journey and had the K1 interview at the new delhi on the 16th of may . Was told at the interview window by the VO that i m ineligible for the K1 visa and got my passport back from the VFS after 10 days with a letter saying ,that the VO was not convinced of the relationship between us and also because my fiancee visited india just once over a year back , and that ,they are sending the petition back to the US... NVC .

We honestly are tired of waiting and being apart and now thinking of going for DCF at the new delhi for CR1.

now everything looks fine if we take this route but still would like to know if there would be any issue because of the K1 being denied ?

She would come to India next month and we plan to get married here and file a DCF , now the problem is that she will have to leave her job and be here , and surely she cannot be a sponsor as far as i m thinking because she wont meet the 125% of the poverty guideline while in india .

I understand that she need to be in India for 90 days for filing the Cr1 .

I m must also mention that she does not have a property on her name in US and she is renting out an apt with her sister.

how do we overcome this situation of sponsorship ?

Also i would like to mention that my parents are against the marriage with her because of religious differences ... so would that be an issue if we get married in a church , call friends and get the marriage registered ?

anyone who can really give us the right advise ?

Thanks in advance

Edited May 27, 2011 by RCG

[Harsh_77 718]

Looks like you have few things confused.

1. You dont have to get married in church - you can just go to court and get married in civil ceremony all you need is 3 witness.

2. She does not have to live in India for filing CR1 she can fly out next day if she wants and that is ok.

3. You cannot file for DCF, for doing a DCF process she has to be living in India - she has to live in India for more than 6 months.

Best option for you would be, she does not quit her job but take off for 3-4 weeks visit India you guys can get married go on honeymoon etc and she can fly back and return to her job.

Start the CR1 paperwork and follow the CR1 process. You will have CO question you and challenge you with your relation if your parents are not ok with your relation and they are not participating in the wedding ceremony etc.

FYI - be preapared to be grilled even at CR1 interview.

[Inky 1,110]

If you were denied for not enough proof of bonafide relationship on the K-1 its possible they will do it for the CR-1 as well. You need to address that situation before moving a head.

[san diego 407]

I agree with the previous post. In order to improve your chances the best option would be for you to move to India and live with your fiance. This should fix the situation. Now, financial part: can your sister co-sponsor? She lives in the same apartment so she qualifies for the same household. I864A

[katiemanny 64]

Your parents are against your marriage because its unusual for your religion to marry someone outside of that religion, so the Embassy already denied your case base on that alone. I would suggest you to take it slow now, and tell your fiancee to move to India for couple of months so next time you guys can front load your next application with evidence. Good luck

Edited May 27, 2011 by katiemanny

[Darnell 8,478]

I understand that she need to be in India for 90 days for filing the Cr1 .

please quote the source, so's I can vette that data. Thanks so much !

[RCG 3]

Looks like you have few things confused.

1. You dont have to get married in church - you can just go to court and get married in civil ceremony all you need is 3 witness.

2. She does not have to live in India for filing CR1 she can fly out next day if she wants and that is ok.

3. You cannot file for DCF, for doing a DCF process she has to be living in India - she has to live in India for more than 6 months.

Best option for you would be, she does not quit her job but take off for 3-4 weeks visit India you guys can get married go on honeymoon etc and she can fly back and return to her job.

Start the CR1 paperwork and follow the CR1 process. You will have CO question you and challenge you with your relation if your parents are not ok with your relation and they are not participating in the wedding ceremony etc.

FYI - be preapared to be grilled even at CR1 interview.

Thanks for the reply

i read on VJ somewhere that the couple was denied the CR1 visa because the VO said that the wedding ceremony was too small and that they would not accept it .

I also would like to mention that court marriage is a possibility but if we would like to get married in a church . Would there be an issue if we get married in a church and then register the marriage in court ? I called a lawyer today and he said that it is possible .

Yes i understand that she can fly off after the marriage to file the I 130 but if we want to do a dcf then she has to be here and stay in India for sometime .

I guess the stay is for 90 days and not 120 days , though i got thins info on VJ itself and even after searching for hrs , i could not get any official website that states so .

Would my parents being against the marriage be a problem during the interview?and would the denied K1 petition cause problems in the new I 130 ?

Thanks in advance .

I understand that she need to be in India for 90 days for filing the Cr1 .

please quote the source, so's I can vette that data. Thanks so much !

Hi thanks for the reply i read the info on a blog on VJ who had a success .

http://www.visajourney.com/forums/topic/275109-cr1-visa-via-dcf-at-delhi-and-chennai/

Thanks

[RCG 3]

Your parents are against your marriage because its unusual for your religion to marry someone outside of that religion, so the Embassy already denied your case base on that alone. I would suggest you to take it slow now, and tell your fiancee to move to India for couple of months so next time you guys can front load your next application with evidence. Good luck

I have no idea if that was the reason of denial , because the Letter say that "the CO was not convinced of an ongoing relationship and also because My Fiancee visited India only once, and that was over an year back ".

They did not mention in the letter the reason of denial to be because of my parents , Neither did they ask me for anything about my parents in the interview .

This was informed to the USCIS at the time of filing the I 129 and they approved the petition and it went ahead .

According t many posts i have read here , it seems that the VO can not deny a fact that has been approved by the USCIS .

Atleast thats what i understand till now ....

[RCG 3]

I agree with the previous post. In order to improve your chances the best option would be for you to move to India and live with your fiance. This should fix the situation. Now, financial part: can your sister co-sponsor? She lives in the same apartment so she qualifies for the same household. I864A

Thanks for the reply

well yes her sister stays in the same apt right now , but she has a son and if we check in the poverty chart she needs would need to show the income of 29000 for a house hold of 4 members( sister and her son ... me and my fiance) and she makes a little less than that .

[katiemanny 64]

I have no idea if that was the reason of denial , because the Letter say that "the CO was not convinced of an ongoing relationship and also because My Fiancee visited India only once, and that was over an year back ".

They did not mention in the letter the reason of denial to be because of my parents , Neither did they ask me for anything about my parents in the interview .

This was informed to the USCIS at the time of filing the I 129 and they approved the petition and it went ahead .

According t many posts i have read here , it seems that the VO can not deny a fact that has been approved by the USCIS .

Atleast thats what i understand till now ....

Sorry I meant to say that your parents is against you marrying someone outside your religion is reason enough to deny, and most CO aren't convinced about a relationship because of religion differences and plus parents is against that union, they just think you want a way out of India. Why you want to marry someone outside your religion?

[RCG 3]

If you were denied for not enough proof of bonafide relationship on the K-1 its possible they will do it for the CR-1 as well. You need to address that situation before moving a head.

the letter says " during the interview you could not provide the evidence of an ongoing communication and relation with petitioner .

You have also mentioned that you met the petitioner once for two weeks over a year ago . The counselor officer was not convinced of an ongoing relation between the beneficiary and the petitioner .We are returning the petition to the NVC . Any further inquiries may be addressed to the USCIS."

well i took more than a 100 emails , chats and skype printouts ,6 months of telephone bills which included text msgs ( we had a lot of telephone conversation history )

all paperwork and pics .

Well the VO did not even want to see the albums which had the pics of us together when she was here in India .

Well do you think that this is what they can say again in the CR1 interview , maybe this time she will be with me during interview and we can get the printouts of a lot more emails , chats , oh bills and pics . off course the wedding album too ...I m sure the visits will increase too if we decide to do a cr1 and not a cr1 DCF .

[katiemanny 64]

the letter says " during the interview you could not provide the evidence of an ongoing communication and relation with petitioner .

You have also mentioned that you met the petitioner once for two weeks over a year ago . The counselor officer was not convinced of an ongoing relation between the beneficiary and the petitioner .We are returning the petition to the NVC . Any further inquiries may be addressed to the USCIS."

well i took more than a 100 emails , chats and skype printouts ,6 months of telephone bills which included text msgs ( we had a lot of telephone conversation history )

all paperwork and pics .

Well the VO did not even want to see the albums which had the pics of us together when she was here in India .

Well do you think that this is what they can say again in the CR1 interview , maybe this time she will be with me during interview and we can get the printouts of a lot more emails , chats , oh bills and pics . off course the wedding album too ...I m sure the visits will increase too if we decide to do a cr1 and not a cr1 DCF .

They want you to spend time together, 2 weeks once a year isn't sufficient for some US Embassies, US Embassy in Haiti and Dominican Republic are known to denied people for insufficient trips to beneficiary country.

chats, 100 emails, Skype or phones comes second. Your best ammunition is time spent together in person. If she doesn't flight to India more frequently the result most likely will be the same.

Edited May 27, 2011 by katiemanny

[RCG 3]

Thanks for the reply

well yes her sister stays in the same apt right now , but she has a son and if we check in the poverty chart she needs would need to show the income of 29000 for a house hold of 4 members( sister and her son ... me and my fiance) and she makes a little less than that .

I would also like to mention that she is making close to 2 times the 125% income required (she is in US right now ) the question is if we decide to go for a DCF , in that case she would be living here and we both would need sponsors right ?

[Bec_Dipu 103]

Thanks for the reply

well yes her sister stays in the same apt right now , but she has a son and if we check in the poverty chart she needs would need to show the income of 29000 for a house hold of 4 members( sister and her son ... me and my fiance) and she makes a little less than that .

Are you positive that the household size would be four? It would be outrageously unfair to penalize someone for living with relatives that they have absolutely no legal obligation to support (unless, of course, your fiance is her sister's and nephew's legal guardian). I would think your household size would be 2, her and you.

The following website explains the rule change that went into effect in 2006. It references the I-864, but I would think that it would apply to the I-134 also.

http://www.nilc.org/immlawpolicy/aosupp/aosupp021.htm

Neither the I-134 form or instructions provide guidance on determining household size. The form simply asks your fiance to list the people who are wholly or partially dependent on her. If her sister and nephew are capable of surviving on their own, I don't see why she would count them just because they are related. I personally would treat them as roommates and list no one as my dependent resulting in a future household of two.

You could also try contacting the NVC and asking them to explain the calculation to you.

Good luck!

[RCG 3]

Sorry I meant to say that your parents is against you marrying someone outside your religion is reason enough to deny, and most CO aren't convinced about a relationship because of religion differences and plus parents is against that union, they just think you want a way out of India. Why you want to marry someone outside your religion?

well honestly , her religion did not matter when i fell in love with her . I have never been a person who would think about all these factors in life and love sees no religion .If she was a hindu , muslim , or of any other religion i would still have fallen in love with her .

I understand that my parents are strict about it , but rules are changing after seeing thousands of inter religion couples get married alone .There is Special Marriage act that allows this .So its not something illegal that we are doing ! We are just humans in love !