After 2nd Interview - Back in Administrative Processing at Mumbai Consulate

[U & I 1]

Below is the snap shot of our case so far.

1st interview – 26th July – CO was not convinced why we want to marry in US while my family lives in Dubai and my fiancée’s in India - Visa wasn’t granted- issued 221g to submit list of guest present for our engagement ceremony to verify our relationship.

28th July – we submitted list of our guest present at our engagement ceremony along with my fiancé’s passport

August 2nd - Consulate returned my fiancée’s passport with a letter stating that we have been put under “Administrative Processing”

September 6th – Consulate called my fiancée for a 2nd interview-again drilled her on the same topic that why we want to marry in USA when both of our family lives in Dubai and/or India – why don’t we just get married in India or in Dubai – They were not satisfied with our reasoning and still have suspicion that we are already a married couple – Visa wasn’t granted – Issued a letter again stating that we have been put under “Administrative Processing”

Possible red flags in our case

1. Both my and my fiancée’s immediate relative does not stay in USA

2. We have been in relationship over 4 years and I have visited her every year for over a month

3. We took vacation together once during my annual trip

As per CO – it is totally against the “Indian culture and traditions”. Their argument is why someone would want to marry in US when their family is not living there and that couples don’t go on vacation alone before their wedding.

Our reasoning is that – I have been living in US and my family in Dubai for a very long time. I have more acquaintances and friends in US than in India. Also, it makes more sense for me to marry in a country where I have planned to live my entire life. My family also feels more comfortable in US than in India (for obvious reasons). My fiancée has a very small family so they don’t really mind if we get married in USA.

About taking vacations together – CO seems to know India only through their books and training manual….they are NOT really seeing the social changes India is going through – specially in big urban cities – where many couples whom I personally know – have been living together without getting married. So I find CO reasoning of doubting our relationship based on we took vacation together as completely absurd. Also, at one point CO asked why I didn’t file for my fiancée earlier and why I waited for 4 years during our relationship. He totally ignored the fact that I became US citizen only last year & have been living in US on different visa status. Just can’t comprehend that CO ignored such a vital fact.

In conclusion, we haven’t been denied the visa yet but the way they treated my fiancée during her second interview then not issuing the visa…is just making me very pessimistic about our chances of actually getting a visa now ((there were 5 people together interrogated her and they even went to the point of asking my fiancée if we have had physical relationship during our vacation together…disgusting – I wanted to accompany her during the interview but they denied me an entry into the consulate..they made me wait outside the consulate)

I need help and advice from my fellow VJ members. I need your opinion and suggestion as what they make out of our situation? What are the options we have now? Is it time for me to write to the senator or should I just wait to hear from Consulate again?

I know I still have the option to get married and then file for the spousal visa – but I understand very well that it would be again a 9-10 months waiting period and there is no guarantee that the consulate would not put us back in AP based on our K1 visa case earlier. Also. Personally, me and my fiancée are just too tired of waiting and have reached the peak point of our frustration of being away from each other.

I am also exploring other option of temporarily living US and move to Dubai with my fiancée and then file for her later as my wife from there. But I don’t know the procedure for US citizen living in a foreign country and then filing for spouses.

At this point, I have many questions and very few answers. Any help and suggestion would be greatly appreciated.

[bigdog 376]

I would see the other Posts on India maybe see an immigration attorney. Also a Senator or Congressman is always an option. Good Luck

[Deep2009 18]

Here is it... (I am not judging you or something, I have no right to do it), I am trying to help you.

1. ----against the “Indian culture and traditions”----- COs are vey picky about this. How many people out of whole Indian population are living together before marriage or taking long vacation (< than 5%, where in US , it is about > 95%))

--- The next thing, how her family feels about it? Did they allow it? Did they know about your vacation and .....?

----- Family in India does not allow it(about 95% of time, 5% is a very small number).... - BIG RED FLAG

BASED ON YOUR writing, it looks like that CO is saying that you guys are married and want to get K1 visa instead of CR1.

By the time, your case of out of AP, your K1 petition will be expired.

Best option now is get married and file for CR1.

Below is the snap shot of our case so far.

1st interview – 26th July – CO was not convinced why we want to marry in US while my family lives in Dubai and my fiancée’s in India - Visa wasn’t granted- issued 221g to submit list of guest present for our engagement ceremony to verify our relationship.

28th July – we submitted list of our guest present at our engagement ceremony along with my fiancé’s passport

August 2nd - Consulate returned my fiancée’s passport with a letter stating that we have been put under “Administrative Processing”

September 6th – Consulate called my fiancée for a 2nd interview-again drilled her on the same topic that why we want to marry in USA when both of our family lives in Dubai and/or India – why don’t we just get married in India or in Dubai – They were not satisfied with our reasoning and still have suspicion that we are already a married couple – Visa wasn’t granted – Issued a letter again stating that we have been put under “Administrative Processing”

Possible red flags in our case

1. Both my and my fiancée’s immediate relative does not stay in USA

2. We have been in relationship over 4 years and I have visited her every year for over a month

3. We took vacation together once during my annual trip

As per CO – it is totally against the “Indian culture and traditions”. Their argument is why someone would want to marry in US when their family is not living there and that couples don’t go on vacation alone before their wedding.

Our reasoning is that – I have been living in US and my family in Dubai for a very long time. I have more acquaintances and friends in US than in India. Also, it makes more sense for me to marry in a country where I have planned to live my entire life. My family also feels more comfortable in US than in India (for obvious reasons). My fiancée has a very small family so they don’t really mind if we get married in USA.

About taking vacations together – CO seems to know India only through their books and training manual….they are NOT really seeing the social changes India is going through – specially in big urban cities – where many couples whom I personally know – have been living together without getting married. So I find CO reasoning of doubting our relationship based on we took vacation together as completely absurd. Also, at one point CO asked why I didn’t file for my fiancée earlier and why I waited for 4 years during our relationship. He totally ignored the fact that I became US citizen only last year & have been living in US on different visa status. Just can’t comprehend that CO ignored such a vital fact.

In conclusion, we haven’t been denied the visa yet but the way they treated my fiancée during her second interview then not issuing the visa…is just making me very pessimistic about our chances of actually getting a visa now ((there were 5 people together interrogated her and they even went to the point of asking my fiancée if we have had physical relationship during our vacation together…disgusting – I wanted to accompany her during the interview but they denied me an entry into the consulate..they made me wait outside the consulate)

I need help and advice from my fellow VJ members. I need your opinion and suggestion as what they make out of our situation? What are the options we have now? Is it time for me to write to the senator or should I just wait to hear from Consulate again?

I know I still have the option to get married and then file for the spousal visa – but I understand very well that it would be again a 9-10 months waiting period and there is no guarantee that the consulate would not put us back in AP based on our K1 visa case earlier. Also. Personally, me and my fiancée are just too tired of waiting and have reached the peak point of our frustration of being away from each other.

I am also exploring other option of temporarily living US and move to Dubai with my fiancée and then file for her later as my wife from there. But I don’t know the procedure for US citizen living in a foreign country and then filing for spouses.

At this point, I have many questions and very few answers. Any help and suggestion would be greatly appreciated.

Edited September 9, 2011 by Deep2009

[Deep2009 18]

One more thing -

If you decided to get married in India, goto Embassy of US in India and get to the American Citizen Services

You need to get "No Objection Certificate" from Embassy for getting married in India, it will help you big way later.

[U & I 1]

Here is it... (I am not judging you or something, I have no right to do it), I am trying to help you.

1. ----against the “Indian culture and traditions”----- COs are vey picky about this. How many people out of whole Indian population are living together before marriage or taking long vacation (< than 5%, where in US , it is about > 95%))

--- The next thing, how her family feels about it? Did they allow it? Did they know about your vacation and .....?

----- Family in India does not allow it(about 95% of time, 5% is a very small number).... - BIG RED FLAG

BASED ON YOUR writing, it looks like that CO is saying that you guys are married and want to get K1 visa instead of CR1.

By the time, your case of out of AP, your K1 petition will be expired.

Best option now is get married and file for CR1.

I know you are helping here...I am not arguing..but what about those 5%...looking at the population of India, that 5% can be a significant number of people...( may be more than some of the european countries ) and they just can't overlook that fact....yes our family was aware of us taking out time together alone..they understood our situation of being away from each other and had faith in us where we would draw the line and be responsible..I know it sounds like a speech but that is the fact in our case..and we were honest about it.

I mentioned clearly in my post that CO is saying that we are married and trying to commit a visa fraud here...which is a sad part.

About your suggestion of getting married, I would have to first withdraw the fiancee petition and that could indirectly mean that I am scared of the investigation as also suggested by other VJ members...that's why I am confused about that option.

Also, about expriring the K1 petiton, other memeber suggested that it doesnt matter once you have had your interview done. so again what you are saying is little confusing for me. Please advise.

[Harsh_77 718]

I know you are helping here...I am not arguing..but what about those 5%...looking at the population of India, that 5% can be a significant number of people...( may be more than some of the european countries ) and they just can't overlook that fact....yes our family was aware of us taking out time together alone..they understood our situation of being away from each other and had faith in us where we would draw the line and be responsible..I know it sounds like a speech but that is the fact in our case..and we were honest about it.

I mentioned clearly in my post that CO is saying that we are married and trying to commit a visa fraud here...which is a sad part.

About your suggestion of getting married, I would have to first withdraw the fiancee petition and that could indirectly mean that I am scared of the investigation as also suggested by other VJ members...that's why I am confused about that option.

Also, about expriring the K1 petiton, other memeber suggested that it doesnt matter once you have had your interview done. so again what you are saying is little confusing for me. Please advise.

Dude you are fighting a losing battle, I would lean to what DEEP said, it is not a normal or a genral practice in Indian culture of living togeather without marriage.

Some vacations do happen without each of the families knowing about, but when you use those pictures for the legal purpose it totally changes the things.

Those vacation time togeather and both of your families aware of it does make it sound like you were married and as you said you just became USC so as a CO I would think you were married and were just waiting to be USC before you file for her.

Exactly and thus applying for K1 is the visa fraud the CO is talking about instead of CR1.

I think the best option would be get married and file for CR1, you can reach out to senator or congressman as per my experience it would not help much as CO can clearly justify to senator or congressman they are doing what they are appointed to do.

I did not get the NOC from US Embassy as DEEP mentioned and we never had any problem.

[U & I 1]

Dude you are fighting a losing battle, I would lean to what DEEP said, it is not a normal or a genral practice in Indian culture of living togeather without marriage.

Some vacations do happen without each of the families knowing about, but when you use those pictures for the legal purpose it totally changes the things.

Those vacation time togeather and both of your families aware of it does make it sound like you were married and as you said you just became USC so as a CO I would think you were married and were just waiting to be USC before you file for her.

Exactly and thus applying for K1 is the visa fraud the CO is talking about instead of CR1.

I think the best option would be get married and file for CR1, you can reach out to senator or congressman as per my experience it would not help much as CO can clearly justify to senator or congressman they are doing what they are appointed to do.

I did not get the NOC from US Embassy as DEEP mentioned and we never had any problem.

Sir, I am NOT fighting any battle here...was just presenting my thoughts on what Deep has said.

I already know and understand about everything you mentioned in your reply here. All I am looking for is suggestions and ideas...Getting married is an option I am considering...but my confusion here is for that first I have to withdraw my petition which is still under AP as we are not denied yet...and if I withdraw my petition, they will think that due to the investigation I am withdrawing it, which can create problem for my future spoual visa...you missed that point...I need suggestion on that matter.

[sherryandyashpal 7]

Sir, I am NOT fighting any battle here...was just presenting my thoughts on what Deep has said.

I already know and understand about everything you mentioned in your reply here. All I am looking for is suggestions and ideas...Getting married is an option I am considering...but my confusion here is for that first I have to withdraw my petition which is still under AP as we are not denied yet...and if I withdraw my petition, they will think that due to the investigation I am withdrawing it, which can create problem for my future spoual visa...you missed that point...I need suggestion on that matter.

In my opinion, I think you should see this visa through,because all in all NO ONE knows what will happen and what they will decide also contact your senator again and wait until they either grant or deny the visa then go forward, i can totally agree abt fearing the possible consequences of withdrawing the petition, but dont take my word forward this is just my opinion. wish you both the best.!!!!

sherry