K-1 visa denied

[Oksana & Max 94]

There is nothing more. 221g was given because i needed to provide a co sponsor, so we found a good co-sponsor and provided. however, their answer for the denial was that: NOT ENOUGH EVIDENCE WAS PROVIDED TO PROVE THE RELATIONSHIP. That's all they said. nothing more. The rest of the questions they said we have to ask USCIS when the case is received back.

When was the last time you've seen each other?

[Oksana & Max 94]

ok, All of my fiance's papers are clear, no criminal records, no medical problems. He told me, what they told him. Now my question is, how long might it take for the papers to be received by USCIS? Does anyone know?

It could be about several weeks.

[JimVaPhuong 4,863]

The returned petition goes to NVC first, and then to the USCIS service center that originally approved it. It could be as little as 2 weeks, but I'd expect it to be closer to 4 to 6 weeks.

VSC usually readjudicates returned petitions rather than just allowing them to expire like CSC does. That could take a few months or more. If they decide they don't like the CO's reasons for denying the visa then they'll reaffirm the petition and send it back to VSC, which will route it back to the consulate for another interview. If they decide to side with the CO then they'll send you a NOIR. That may be the only time you'll get to see, in detail, what the CO's accusations were. That would probably also be the only time you'll get a chance to rebut the CO's charges.

[Robert&Karen 264]

So today after administrative review K-1 visa for my fiance was denied. reason: not enough evidence of the relationship. We're together for 4 years. There was nothing wrong with our case (no criminal records, no past marriages, no past entries or attempts to enter USA). How long does it take for the embassy to send the paperwork back to USCIS and what can I do after that?

Together for four years? In person? Did you meet your fiance in person in the last two years before filing?

[SSSSS 13]

The returned petition goes to NVC first, and then to the USCIS service center that originally approved it. It could be as little as 2 weeks, but I'd expect it to be closer to 4 to 6 weeks.

VSC usually readjudicates returned petitions rather than just allowing them to expire like CSC does. That could take a few months or more. If they decide they don't like the CO's reasons for denying the visa then they'll reaffirm the petition and send it back to VSC, which will route it back to the consulate for another interview. If they decide to side with the CO then they'll send you a NOIR. That may be the only time you'll get to see, in detail, what the CO's accusations were. That would probably also be the only time you'll get a chance to rebut the CO's charges.

Thanks for the info. That's a long time. Time to hire a lawyer.

[NoneYa 73]

How can you travel to see them when you need a co-sponsor ? There are other expenses that I have incurred to stay in touch with my fiance. That would be difficult when you make so little money. Were you born here in the USA or did you arrive on some other method ? I would certainly like to know more about why they denied you but there is more to your story most likely.

[SSSSS 13]

Together for four years? In person? Did you meet your fiance in person in the last two years before filing?

within four years we met a few times for long periods of time including full summer 2010 and april 2011. I'm not stupid, if we didn't meet within 2 years before filing, i would know exactly why the visa was denied.

When was the last time you've seen each other?

last time we saw each other was April 2011 (summer 2010 before that)

[SSSSS 13]

How can you travel to see them when you need a co-sponsor ? There are other expenses that I have incurred to stay in touch with my fiance. That would be difficult when you make so little money. Were you born here in the USA or did you arrive on some other method ? I would certainly like to know more about why they denied you but there is more to your story most likely.

1. it is nobody's business how i was able to travel to see my fiance financially. 2. I make enough money to travel to see my fiance once in a while (keeping in touch with my fiance is almost free). 3. I do not know why i needed co-sponsor. I make more than it is required for this visa, but consulors know better apperently. And no, I was not born here, but we came here when i was little by my dad's O 1 visa (O3 for me and my mom). But thank you fo the questions, they could help other people who are struggling with this visa issues.

[Robert&Karen 264]

I am an immigrant myself, came here when I was 3 years old, but I am a US citizen. So far there has been no issue in that regard.

[baron555 934]

ok, All of my fiance's papers are clear, no criminal records, no medical problems. He told me, what they told him. Now my question is, how long might it take for the papers to be received by USCIS? Does anyone know?

Exactly what kind of relationshp questions were asked of him? How did he answer?

What are your ages?

Yes to the other poster that this is the typical LDR K-1 evidence.....but it all needs to be tied together.....put all together it should tell their story....a story of a real relationship.

Somehow it must not have.....or...there is more to the story than we are being told.

[GueraKristina 1]

it could be they found something during the review...that maybe you didnt even know about....you def need to find out exactly what questions were asked and what answers he provided and id you sent all the proof there is another reason they denied....you should have a heart to heart so that should u decide to refile for him in any capacity this obstacle wont be in the way again...however if its something else that they found out during the review....you also need to find that out.

i agree with this, something...SOMETHING had to have come up during the interview to cause suspicion, if all that good hearty evidence was taken, thats enough to establish a relationship........either they were just having a bad day and decided to deny without cause...or maybe he said something he wasnt supposed to...or maybe there is something you dont know about and USCIS found out about it?.......

[Dan & Jenni 457]

221g to provide a cosponsor even though you met the requirements but visa denied for not enough relationship evidence even though you provided plenty. is this something that happens often... visa denied after administrative review for a reason different to the one on the 221g??? surely the not enough evidence of relationship should of been listed on the 221g??

sounds like this visa was gonna be denied no matter what

Edited September 15, 2011 by Dan & Jenni

[DM & JM 12]

Thanks for the info. That's a long time. Time to hire a lawyer.

Yes, good idea to hire a lawyer. Good luck!

[SSSSS 13]

Exactly what kind of relationshp questions were asked of him? How did he answer?

What are your ages?

Yes to the other poster that this is the typical LDR K-1 evidence.....but it all needs to be tied together.....put all together it should tell their story....a story of a real relationship.

Somehow it must not have.....or...there is more to the story than we are being told.

They only asked him dumb questions like how we met, what i like to eat, what are the names of some of my friends, when did we see each other last time. the interview was about 10 minutes. He gave all the answers. He is 25, i'm 24.

[SSSSS 13]

ok guys, here is the story. We met 6 years ago in Armenia, kept in touch. 4 years ago i went back and we started dating. During these 4 years we both graduated colleges, he went to army (required by law, otherwise forget about USA or any place else), we grew up a little, i became a citizen and bluh bluh. I went to Armenia in 2007, 2008, summer 2010, april 2011. Last december i applied for I-129F, got approved without a problem. Sent all the evidence possible. He went for the interview. They gave him yellow slip 221g (not a denial, just request for some documents). 221g said that we need to provide a co-sponsor, and so we did, very good one who makes over $120000 a year. Today they called him and asked him to come in, they gave him back the passport saying that they denied him (NOT ENOUGH EVIDENCE-was their answer, all the other questions direct to USCIS). And here it is: neither of us was ever married, had children. He never attempted to come to US. neither of us have criminal records, nor medical problems, he works, I work and pay my taxes. Case complete, nothing more, nothing less. Now, i don't know what their thought process is and how messed up are there. But thank you JimVaPhuong and Oksana & Max for answering my original question.

i agree with this, something...SOMETHING had to have come up during the interview to cause suspicion, if all that good hearty evidence was taken, thats enough to establish a relationship........either they were just having a bad day and decided to deny without cause...or maybe he said something he wasnt supposed to...or maybe there is something you dont know about and USCIS found out about it?.......

USCIS did not deny us, they approved the petition without a problem