K-1 VISA denied.. Next steps??

[Caroline + Angelo 20]

Wow! That right there is my single biggest fear. I want to start making plans for my Fiancee arrival, like wedding plans and such, but am afraid that the CO will do what he did to you.

What questions did he ask?

How long have you known your Fiance?

Did you have an attitude with him?

Relationship starting too fast sounds pretty hokey to me. By the time the I-129F even gets approved, you have been together for at least several months.

Something else that doesn't sit right with me(and hopefully doesn't come to fruition) but how can the USCIS say "Yes, it is a valid relationship" only for the Consulate to to say "No, it is not a valid relationship"?

So sorry, Don't give up though! It will work out. Just need to find out exactly why it was denied, fix it, and try again.

Just wanted to set this one right: USCIS does only determine whether the beneficiary is eligible for a K1 visa by meeting the requirements of having met in the two years prior to filing the petition and that both parties are free to marry, and also does some background checks (criminal history..) etc.

You can frontload a petition with relationship evidence to cover all your bases and for the Consulate stage but this is not what USCIS primarily looks at.

[masai 0]

I think that given 1) you had previously petitioned for someone else, and 2) the age between your fiance's kids and the two of you meeting is not that far apart (meaning he had a child and then quickly got into a relationship with you) are red flags. Are these reasons to outright deny the visa? Absolutely not. Are they reasons to scrutinze for fraud more closely? Absolutely. Since you weren't told what inconsistencies there were in the answers it is impossible to know exactly which question it was that they feel is inconsistent. Regarding the questions themselves... while personal in nature, I think the questions are very fair. Maybe the last time you had sex is irrelevant, but the first time you had sex, C-section or natural birth, who called who on new years eve, do you use birth control in the US, etc... are all very fair questions in my opinion especially for a couple that they want to scrutinze because of the 2 red flags from the get-go that I mentioned above. Ultimately, they proved what they needed to prove.... that perhaps there is fraud because one or the other doesn't know the intimate details of the relationship. Based on that reason alone, there is no reason for them to even look at pictures, phone logs, etc. It doesn't mean that your fiance won't get a visa. It simply means now you are going to have to jump through a lot of hoops to get it. It sucks, but the red flags were there so the CO did their job and asked intimate questions to prove the relationship and unfortunately you guys didn't pass. Don't give up hope. Just be more prepared next time around.

This is the best answer so far!! If I was interviewing you, based on #1 and #2, I will raise the red flag. Remember, they don't know you they only go with your words and few paperwork submitted to them... I know that you are for real but many did this for business. Sorry you are a victim. If I were you I will continue with my lover and try to have another interview maybe a year from now. I will be more prepared next time. (many people are overconfident when they go for interviews: don't be!)

[dands 4]

I understand were you are coming from but the manner in which the questions were asked were extremely disrepecful. Regardless I know I am saying the truth and have faith that the proof will persevere. I spoke to an immigration attorney adn he actually told me many of his clients have been denied when they are an actual couple. So this seems to be a common theme in the conuslate in DR. Every country is different.

As your attourney told you, this is a common theme in the DR. It's a simple fact - not a personal opinion- and there isn't much anyone can do about it. Although it's disappointing for you, I would try not to look at it as a personal attack. Your previous fiance petition, I'm sure, is the main reason you were subjected to this type of interrogation. Marriage deals are common AND one of the main reasons this process is so long, difficult, demanding, time-consuming, expensive and down right annoying for all of us who are legit. As for the line of questioning, I am sure I would feel better about all the sex questions if my visa was approved. The fact is, the people at the consulate were just doing their jobs and being vigilant. I am sorry you are going through this but hang in there and be persistant - the truth will prevail.

Edited August 9, 2011 by dands

[Gosia & Tito 199]

I had a horrible experience with the consulate. they were extremely judgemental of my relationship and kept sayin our relationship started to fast. They interrogated ME as if I was a criminal. THe funny thing is their hard questions were with me they were nice to my fiancee. SO now I have to wait for this letter in order to appeal. Does anyone had any recommendations? Has anybody went troughthis process? I felt offended and humiliated by the wya they treated me. I was an AMERICAN in the US Embassy. I am thinking of writing to the US AMbassador and to my senators office. They cant do anything at this point about the denial but I can at least lodge a complaint. I am very upset. Any info would be appreciated.

Elizabeth

Saw the questions you listed and my advice would be to contact your Congressman with factual information, that is, the documentation of your trips, pictures, etc; that establishes the relationship. While the questions seem crude, it's a subjective opinion whether they are intrusive or appropriate. Fight this with facts, put aside any opinion that is subjective.

Good luck.

[VanessaTony 3,567]

Ask your fiance what his answers were to the stokes questions and compare answers.

I am NOT judging you or your partner but a similar situation I remember was the guy actually had 2 other previous marriages but only 1 listed on the forms, and like 3 other kids than the 2 he listed so they were denied because of that. I'm not saying it IS the case here, but it's something to think about. Maybe USCIS found out something you or he didn't previous disclose.

Edited August 9, 2011 by Vanessa&Tony

[Sannybel 1]

Sorry it went that direction.....pray and keep positive

Thanks Jazz... I am not giving up. Already contacted my congressmen and also hired an attorney so the ball is rolling.

[Sannybel 1]

Ask your fiance what his answers were to the stokes questions and compare answers.

I am NOT judging you or your partner but a similar situation I remember was the guy actually had 2 other previous marriages but only 1 listed on the forms, and like 3 other kids than the 2 he listed so they were denied because of that. I'm not saying it IS the case here, but it's something to think about. Maybe USCIS found out something you or he didn't previous disclose.

If he is hiding something we will find out. We are petitioning the case file and the video of the interview. On my side I was honest and explained why I withdrew the petition. So I just have to wait for my attorney to do her thing.. Thanks for the info..

[Aztec&Taino 144]

The OP is describing a typical interview and questions performed at Window 11 (Investigations) at the Santo Domingo Embassy. Santo Domingo is a high fraud Embassy and the second busiest in the world (quite impressive for a country that is half an island!). The interview styles may not apply to other Embassies/Consulates, but it applies, in some cases, to Santo Domingo petitioners. This style interviews are performed when the consul has enough reason to believe that the relationship is a fraudulent one and use the questioning in order to verify the relationship. There have been couples who have had interviews at this dreaded "Window 11" and have completed the questioning successfully and have obtained a visa.

I imagine that perhaps an indication of fraud was the fact that the petitioner had in the past submitted another visa petition and perhaps that she was older than her fiance (yes, I know it is unfair, but it is a sexiest world). In addition, per the OP, the consul seemed to be concerned about the young age of the beneficiary's child and how soon the relationship developed and the petition was filed. All together, the red flags, along with getting "wrong answers" during the Stokes-style interview, would consequently result in a visa denial.

To the OP -

What most people who get denied a fiance(e) visa petition in Santo Domingo seem to do is to go ahead and get married in the DR and then file the I-130. Continue to save all kinds of documents to show the bona fide nature of your relationship and marriage and get ready for the next interview... after filing the I-130 and waiting about 8-12 months for another interview.

Best wishes!

Edited August 9, 2011 by Aztec&Taino

[GrayL 47]

Wow, that's certainly a painful experience, I'm sorry that you're having to go through all of this...

I do agree with some of the replies, I think these questions are fair, they're not going to ask simple generic questions because in a case of fraud, the petitioners would have already memorised these questions.

They ask these questions I'm sure specifically because they are so much 'out there' than what you would expect them to ask, which realistically is exactly what they ask them.

In saying that, the fact that the OP has come on VJ to express their disappointment says that this is not a fraudulent case, rather, just the circumstances could be.

Although the questions are extremely personal, did you answer them honestly and correctly? If that was me, and they asked me a question I literally didn't know, like if my fiancee had a c section, I would just say, "I don't know".

Nonetheless I wanted to hopefully put some ease to the minds of others reading this regarding the length of relationship, I think in this case the denial was because of something else.

I met my fiance in June 2010, we applied for the K-1 on December 7th after getting engaged on November 4th. So we were only dating for 5 months, and this wasn't an issue at all!

I had my final interview today and the CO did state, "You have only known her just over a year, what made you decide to take this big step and get married so soon?", but of course as we all know time is not an agenda for love, it's just duration, you can be with someone for years and don't know if it's right, or you can know within 5 minutes of meeting someone that you want to spent the rest of your life with them. When you know you just know, and in my case, I just knew!

That's pretty much what I told the CO, and he just literally said, "Awww" and that was that!

Time is not an issue, it's how you can prove your relationship.

OP, I hope you can get it resolved, remember, keep your cool, be polite but assertive, and contact senators and the likes. You certainly don't want to give them more reasons to say no, after all, although it sucks beyond belief, you're at the mercy of them.. good luck!

Gray

[Austramerican 83]

Speaking of those crude questions, would it count against someone if they never... with each other? Like if they never at all with anyone for religious reasons, that wouldn't be a red flag would it? Sorry if this is a stupid question, I tend to worry too much about things that could go wrong

[Harpa Timsah 13,258]

Speaking of those crude questions, would it count against someone if they never... with each other? Like if they never at all with anyone for religious reasons, that wouldn't be a red flag would it? Sorry if this is a stupid question, I tend to worry too much about things that could go wrong

Of course not

[TBoneTX 45,319]

The questions that the OP was asked vividly return the memories of several VJ members to the ####### consulate in Guayaquil, Ecuador, and the so-called "marriage interviews" that were really Stokes interrogations, and being interrogated by a Foreign Service National and not even by an American, and being put on ice indefinitely for weeks thereafter. People really need to read the Embassy Review by PDXBicycleBoy, who got hosed perhaps worse than any of us.

Edited to add: It is here: http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=4679

Edited August 9, 2011 by TBoneTX

[EllaC 190]

Speaking of those crude questions, would it count against someone if they never... with each other? Like if they never at all with anyone for religious reasons, that wouldn't be a red flag would it? Sorry if this is a stupid question, I tend to worry too much about things that could go wrong

Oh, don't worry! That won't be a problem at all! It's a plus sometimes, depending on the consulate. Though coming from Australia, I'm sure you won't get to deal with secondary inspection kind of questions. Hihi, good luck!

[EllaC 190]

I'm so sorry to hear about this situation. I'm sure there must be something somewhere which caught their attention. I found out today(maybe other VJ-ers already know this) that USCIS can access social networks like Facebook, Twitter, MySpace etc. to help determine if a relationship is bonafide or a fake one. They also look for illegal stuff like, per example, status updates such as "I managed to steal a car" or "I got a job"(when you're obviously not allowed to work or something similar). It just blows your mind what they're able to do nowadays. They tend to investigate those who accept hundreds and hundreds of friends without even knowing them. One way or another, an Immigration Officer gets into someone's list of friends and gets the information right from the source. I wouldn't swear it's true, but it's at least something to think about. Maybe something like that could have happened? :|

[JimVaPhuong 4,863]

I just wanted to add that the information in the denial letter that you will be able to appeal is misleading, and generally not true. You will not be given an opportunity to appeal the denial of the visa. It's possible the consular officer could change their mind, but extremely unlikely. It's also possible that the visa section chief could reverse the decision of the consular officer or direct them to conduct another interview, but that's also extremely unlikely.

When a consular officer concludes that a relationship is a sham, and they deny the visa and return the petition to USCIS, they are always recommending that the approval of the petition be revoked. When they say you will be able to appeal the decision, the decision they're talking about is the decision by USCIS to revoke the approval of the petition - NOT the decision to deny the visa. By law, the consular officer's decision is not subject to review or appeal - it's final.

The consular officer cannot actually promise that you'll be able to appeal the decision by USCIS to revoke the approval of the petition. That's up to USCIS. The California Service Center frequently doesn't even readjudicate returned I-129F petitions, and just lets them expire. If they don't take any action to revoke the approval of the petition then there's nothing for you to appeal. You're basically back at square one starting over again.

The Vermont Service Center, on the other hand, often does readjudicate returned petitions. If they ultimately decide to reaffirm the approval then the petition will be sent back to the consulate for another interview - you won't have to appeal anything. If they decide to side with the consular officer, and revoke the approval of the petition, then they'll send a Notice Of Intent to Revoke (NOIR) to the petitioner. If you don't respond forcefully to this notice with a truckload of evidence then the petition approval will be revoked, the consular officer's accusations will be recorded as fact, and your fiance will be guilty of immigration fraud. The next time he shows up for a visa interview he'll be denied because of this, and told he needs an I-601 waiver.

You can plead with your senator and congressman, or anything you like to do in the meantime. However, if you end up getting a NOIR from USCIS then do not ignore it, even if you've already married your fiance and/or an attorney recommends you ignore it. The NOIR will be your only opportunity to appeal, and if you fail to respond adequately then things will get a whole lot more difficult moving forward.