K1 refused at new delhi thinking of CR1 DCF now

[Bec_Dipu 103]

A MIRACLE HAPPENED!!!!!! I wrote my Senator as soon as we were denied, but had not heard back. We had given up hope. Today, I got a call from their office. Per my request, they had a senior consular officer review our petition and they are giving us a second chance!!! WHOOO-HOOOOOOO!!!!!!!!!! The petition had already been sent to NVC but they are getting the petition back to the embassy. Once it gets back to New Delhi my fiance will get a second interview with the chance to bring additional documentation!! THANK YOU LORD!!!!!!!

Based on your experience and a few others, Dipu and I have decided (by Dipu and I, I mean I decided and he accepted lol) that I will be travelling to India for his interview. They may not let me in, but he can at least take my passport and ticket stubs and pictures in to show that I am there in support in case they need me. That should count for a lot as my pale skin is going to fry like bacon while I'm waiting outside.

I read a post from a woman who visited the embassy multiple times after her K-1 was denied and she was trying to go through DCF at New Delhi. She said that whenever the petitioner showed up, people seemed to sail right through. I figure a small investment for the trip now will save us heartache later and if they put us in AP, I'll be there for a few days to respond or take more pictures or throw together an engagement party or whatever else they think they need as proof.

As sad as I feel for you about your situation, I pray that your diligence in forcing them to reconsider benefits us all in the future. Maybe the threat of inquiries will cause them to reevaluate their practices, at least in the short term.

Good luck and please keep us all posted!

[RCG 3]

Based on your experience and a few others, Dipu and I have decided (by Dipu and I, I mean I decided and he accepted lol) that I will be travelling to India for his interview. They may not let me in, but he can at least take my passport and ticket stubs and pictures in to show that I am there in support in case they need me. That should count for a lot as my pale skin is going to fry like bacon while I'm waiting outside.

I read a post from a woman who visited the embassy multiple times after her K-1 was denied and she was trying to go through DCF at New Delhi. She said that whenever the petitioner showed up, people seemed to sail right through. I figure a small investment for the trip now will save us heartache later and if they put us in AP, I'll be there for a few days to respond or take more pictures or throw together an engagement party or whatever else they think they need as proof.

As sad as I feel for you about your situation, I pray that your diligence in forcing them to reconsider benefits us all in the future. Maybe the threat of inquiries will cause them to reevaluate their practices, at least in the short term.

Good luck and please keep us all posted!

Thanks Bec ))..Yes, I will be flying to India for the interview. My fiance will try to see if we can get a christian engagement ceremony arranged beforehand too. I am asking friends and relatives to do affidavits for us. I found a general formatted form and sent it to them all to use. We will try to fulfull all the requirements that people are normally asked for on the g221 - notarized statement from us on our relationship, list of attendees to engagement ceremony, pics of us before/during/after engagement ceremony, notarized copy of my passport, voters ID and history, etc., and affidavits from his mom and his friends too.

One thing I learned thru all my researching is there is a law called the Doctrine of Consular Nonreviewability. Basically whatever the consular officer decides is the law and no one can question their results..i'm honestly outraged that they are given this amount of authority. last year several couples tried to bring lawsuit against USCIS because of petitions being sent back to NVC/USCIS for review. But judge denied it based on the Doctrine law..see this link http://www.entrylaw.com/tranclassaction.html Also, from reading manuals, the consular officers come from the viewpoint that the burden of proof is on the couple to show their relationship is valid..Meaning unlike the court system where you are innocent until proven guilty, for the COs you are guilty until you prove you are innocent...

[Bec_Dipu 103]

Thanks Bec ))..Yes, I will be flying to India for the interview. My fiance will try to see if we can get a christian engagement ceremony arranged beforehand too. I am asking friends and relatives to do affidavits for us. I found a general formatted form and sent it to them all to use. We will try to fulfull all the requirements that people are normally asked for on the g221 - notarized statement from us on our relationship, list of attendees to engagement ceremony, pics of us before/during/after engagement ceremony, notarized copy of my passport, voters ID and history, etc., and affidavits from his mom and his friends too.

One thing I learned thru all my researching is there is a law called the Doctrine of Consular Nonreviewability. Basically whatever the consular officer decides is the law and no one can question their results..i'm honestly outraged that they are given this amount of authority. last year several couples tried to bring lawsuit against USCIS because of petitions being sent back to NVC/USCIS for review. But judge denied it based on the Doctrine law..see this link http://www.entrylaw.com/tranclassaction.html Also, from reading manuals, the consular officers come from the viewpoint that the burden of proof is on the couple to show their relationship is valid..Meaning unlike the court system where you are innocent until proven guilty, for the COs you are guilty until you prove you are innocent...

We have the following evidence to submit:

1) notarizes statements of our relationship details and affirmations that we intend to marry, including why we are doing a K1 instead of getting married in India

2) notarized statements from my parents, grandparents, 4 sets of aunts & uncles, my two sisters, three friends that know us both and his mother

3) copies of letters/notes to each other

4) a few sample emails and screen prints of my email boxes showing sent and received emails from Dipu

5) a few sample IM chats and screen prints of our chat log showing daily chats at work

6) Skype/Gmail video chat logs

7) phone bills

8) calling card logs

9) plane tickets, hotel bills, passport showing two trips to India for me and two trips to America for Dipu totaling 110 days together

10) a list of our wedding guests and their phone numbers along with our wedding plans and honeymoon plans

11) a "Save the Season" card announcing our upcoming wedding

12) to be added: a bridal shower invite and pictures from my bridal shower next month

13) screen prints of our wedding website

14) pictures (about 20)

15) I also plan on taking pictures of my closet to show that I already have it set up to accommodate his clothes and to show the clothes he sent home with me in January. I also plan to take pictures of his old family photos and a name art picture that I am hanging up in the living room to show that I am already incorporating him into the decor and living space.

What we do not have evidence of:

1) engagement party, but I will write a statement in my notarized letter about how that is not a custom for either of us

2) I have not met his family but I have written them a letter and sent them a picture (he has a very small family, just mom and two sisters on the other side of the country)

3) he has met my grandparents and some cousins, but not my parents in person (although he did meet my parents and sisters through Skype)

I am anticipating being put into AP because of the lack of engagement party, I haven't met his mom, I am white, he is Muslim and I am almost two years older. I'm trying to do whatever I can to combat the issues, but in the end, if they deny us, we will just get married and apply again. I just hope the give consideration to the fact that our relationship occurred in person and we did not document or arrange for celebrations in anticipation of filing a K1. We met, we dated, we fell in love, we parted, we got engaged, we filed. Had we known what a PITA this is, we would have just married in Vegas while he was here.

[RCG 3]

We have the following evidence to submit:

1) notarizes statements of our relationship details and affirmations that we intend to marry, including why we are doing a K1 instead of getting married in India

2) notarized statements from my parents, grandparents, 4 sets of aunts & uncles, my two sisters, three friends that know us both and his mother

3) copies of letters/notes to each other

4) a few sample emails and screen prints of my email boxes showing sent and received emails from Dipu

5) a few sample IM chats and screen prints of our chat log showing daily chats at work

6) Skype/Gmail video chat logs

7) phone bills

8) calling card logs

9) plane tickets, hotel bills, passport showing two trips to India for me and two trips to America for Dipu totaling 110 days together

10) a list of our wedding guests and their phone numbers along with our wedding plans and honeymoon plans

11) a "Save the Season" card announcing our upcoming wedding

12) to be added: a bridal shower invite and pictures from my bridal shower next month

13) screen prints of our wedding website

14) pictures (about 20)

15) I also plan on taking pictures of my closet to show that I already have it set up to accommodate his clothes and to show the clothes he sent home with me in January. I also plan to take pictures of his old family photos and a name art picture that I am hanging up in the living room to show that I am already incorporating him into the decor and living space.

What we do not have evidence of:

1) engagement party, but I will write a statement in my notarized letter about how that is not a custom for either of us

2) I have not met his family but I have written them a letter and sent them a picture (he has a very small family, just mom and two sisters on the other side of the country)

3) he has met my grandparents and some cousins, but not my parents in person (although he did meet my parents and sisters through Skype)

I am anticipating being put into AP because of the lack of engagement party, I haven't met his mom, I am white, he is Muslim and I am almost two years older. I'm trying to do whatever I can to combat the issues, but in the end, if they deny us, we will just get married and apply again. I just hope the give consideration to the fact that our relationship occurred in person and we did not document or arrange for celebrations in anticipation of filing a K1. We met, we dated, we fell in love, we parted, we got engaged, we filed. Had we known what a PITA this is, we would have just married in Vegas while he was here.

BTW how do i get a notarized statement from India ? will a statement on a 100 rs stamp paper do that is notarized in the court ?

Thanks

[Bec_Dipu 103]

BTW how do i get a notarized statement from India ? will a statement on a 100 rs stamp paper do that is notarized in the court ?

Thanks

From Dipu:

write back..it is not necessary to be a stamped paper in 100 Rs. denominotion

10:53:10 AM◄ any denomination shall do

10:54:18 AM◄ and a notary public can be found outside a court OR any land registration offices selling deed papers, rent agreements

10:54:45 AM◄ my notarized statement was in an unstamped court paper

I don't know what that means, but hopefully it helps!

[catknit 144]

RCG - congrats on the second interview! That is extremely rare!!! If she is there for the interview it will weigh much more favorably for you.

Bec - it looks like you have a lot of proof on your side. Did you front load your file? If I were a CO/IO I'd be curious of a few things from what you can provide - for example having extended family having met Dipu but not your parents. Little things like that may come up in the interview. Back in the day [meaning summer of 2009] the CO would typically interview the USC if they were present also [under oath and the whole thing]. So little quirks of your individual case which have completely valid and normal reasons for you may get extra scrutiny. Just keep that in mind while preparing for the interview. You want to always tell the truth but keep answers short and concise. If they want more info, they'll ask follow up questions. Also dependent on where he may have traveled and his name always always always anticipate AP for Muslim males...[that was our 3rd or 4th go around with ap in our case]. The fact that he must have a valid visa [or had a valid visa] to visit the US will play heavily in his favor also.

[Bec_Dipu 103]

RCG - congrats on the second interview! That is extremely rare!!! If she is there for the interview it will weigh much more favorably for you.

Bec - it looks like you have a lot of proof on your side. Did you front load your file? If I were a CO/IO I'd be curious of a few things from what you can provide - for example having extended family having met Dipu but not your parents. Little things like that may come up in the interview. Back in the day [meaning summer of 2009] the CO would typically interview the USC if they were present also [under oath and the whole thing]. So little quirks of your individual case which have completely valid and normal reasons for you may get extra scrutiny. Just keep that in mind while preparing for the interview. You want to always tell the truth but keep answers short and concise. If they want more info, they'll ask follow up questions. Also dependent on where he may have traveled and his name always always always anticipate AP for Muslim males...[that was our 3rd or 4th go around with ap in our case]. The fact that he must have a valid visa [or had a valid visa] to visit the US will play heavily in his favor also.

My immediate family didn't meet him because they live in MS and TX and I live in OH. Not being engaged yet or knowing anything about the visa process, we did not make arrangements for him to meet them while he was hear (one of my sisters was pregnant and everyone was saving their vacation for when the first grandchild was born). I'll be including in my notarized affidavit about why we haven't met each other's immediate families in person and how our relationship progressed. I am also including proof of communication between Dipu and my family (emails, Skype records) and a copy of a letter from me to his family.

We did front load the file, but we are including all activity that has happened since filing to prove that the relationship is ongoing.

His is Muslim, but is non-practicing. He has only traveled to the US on a B1/B2 visa that was issued last year for work.

I have to say, your posts have been invaluable in helping us determine exactly what to do before the interview, so thanks! But as Dipu keeps telling me, no matter how prepared we are, if the CO feels like being a ####### that day, he's going to be a #######.

[RCG 3]

From Dipu:

write back..it is not necessary to be a stamped paper in 100 Rs. denominotion

10:53:10 AM◄ any denomination shall do

10:54:18 AM◄ and a notary public can be found outside a court OR any land registration offices selling deed papers, rent agreements

10:54:45 AM◄ my notarized statement was in an unstamped court paper

I don't know what that means, but hopefully it helps!

Thanks a lot Bec_Dipu , i was so confused about the affidavits as i have heard that we can also get it notorized from the US Embassy for $50 each . Well honestly that is a lot of money for 1 notarization. I m so glad i would be able to do it the way we do it normally for any legal use in India .

Thanks a lot once again

[RCG 3]

Thanks a lot Bec_Dipu , i was so confused about the affidavits as i have heard that we can also get it notorized from the US Embassy for $50 each . Well honestly that is a lot of money for 1 notarization. I m so glad i would be able to do it the way we do it normally for any legal use in India .

Thanks a lot once again

Hi Everyone

I would like to thank everyone for being so helpful for all the inputs .

We have a new issue for which we are trying to get the answers , but nothing is getting clear , so here i m again .

I had my K1 Interview on the 16th May and the Visa got denied because the VO did not think that we had a genuine Relationship . I received the passport back without the Visa stamp after 9 days (25th May ), and the petition sent back to NVC.

My Fiancee had written to the Senator and there was a query sent to the New Delhi Embassy on the 26th May , now , on the 27th May, my fiancee got a call from the Senators office that they are recalling the petition back to the Embassy ,after the petition had been reviewed by a Supervisory Counselor Officer .

We are just told to wait and that once they receive the Petition back there would be a Re interview done at the Embassy .We believe that it will take close to 45-60 days before the petition gets back.

The issue is that the I129 F expires on the 16th of may and we wrote several emails to new Delhi Embassy , but no reply from them at all . We also wrote to VFS and just today after a week i received a reply saying

"Dear Applicant,

As per the U.S Embassy there is no provision of extending the expiry date. However, the consular officer has the discretion to re-validate fiancé petitions if they expire during processing."

now this is a very generic statement that we all are aware about i guess .So i m completely confused as to ,if at all i will have a 2nd interview as stated in the letter to the senator by the New Delhi Embassy ,even after the Petition Expires? what should be our next step ?

Thanks a lot in Advance

RCG

[Ryan H 3,812]

Embassies and Consulates revalidate petitions all the time. Should your petition expire, they will likely revalidate it. However, I cannot say that with 100% certainty.

[RCG 3]

Hi Everyone

I would like to thank everyone for being so helpful for all the inputs .

We have a new issue for which we are trying to get the answers , but nothing is getting clear , so here i m again .

I had my K1 Interview on the 16th May and the Visa got denied because the VO did not think that we had a genuine Relationship . I received the passport back without the Visa stamp after 9 days (25th May ), and the petition sent back to NVC.

My Fiancee had written to the Senator and there was a query sent to the New Delhi Embassy on the 26th May , now , on the 27th May, my fiancee got a call from the Senators office that they are recalling the petition back to the Embassy ,after the petition had been reviewed by a Supervisory Counselor Officer .

We are just told to wait and that once they receive the Petition back there would be a Re interview done at the Embassy .We believe that it will take close to 45-60 days before the petition gets back.

The issue is that the I129 F expires on the 16th of may and we wrote several emails to new Delhi Embassy , but no reply from them at all . We also wrote to VFS and just today after a week i received a reply saying

"Dear Applicant,

As per the U.S Embassy there is no provision of extending the expiry date. However, the consular officer has the discretion to re-validate fiancé petitions if they expire during processing."

now this is a very generic statement that we all are aware about i guess .So i m completely confused as to ,if at all i will have a 2nd interview as stated in the letter to the senator by the New Delhi Embassy ,even after the Petition Expires? what should be our next step ?

Thanks a lot in Advance

RCG

We would like to Thank everyone who has been with us throughout our Journey and giving us valuable feedbacks and suggestions . Today we went for our second interview and the visa is approved . I should have the visa in a weeks time as told by the VO officer .

Thanks a lot everyone and we want to tell everyone that hang on there as things will work out just fine and that you will be with your loved ones soon.Thank you Lord

[Andy and Pui 16]

Congratulations! I just read your whole thread. Happy for the two of you. Good luck with the rest of your journey.

Was the USC allowed into the embassy? If so was the USC asked any questions? Those two questions might help in the future for people who have to go through the same embassy.

[RCG 3]

Congratulations! I just read your whole thread. Happy for the two of you. Good luck with the rest of your journey.

Was the USC allowed into the embassy? If so was the USC asked any questions? Those two questions might help in the future for people who have to go through the same embassy.

Thanks!!! Yes my Fiancee was allowed to enter the Embassy and the VO asked her a lot of questions too,pertaining to the relationship and everything else .

[Darnell 8,478]

Hey - congratulations !!

What you guys eat, that celebratory meal ?

[don't forget to update yer timeline, meh]

[RCG 3]

Hey - congratulations !!

What you guys eat, that celebratory meal ?

[don't forget to update yer timeline, meh]

Thanks!!!

we went shopping, whoo-hoo!!!, at largest mall in Asia, Reliance mall, and had Sbarros...yum!!!!! we both kept getting sick on this trip, total bummer, but i'm glad we were just together. We also started to buy items for our wedding in US...YAY!!!!!!

btw, questions asked were completely unique to our case. it focused mainly on my honey's conversion to christianity. he was even asked if he was attending a church.