K-1 visa denied

[destiny64 222]

INS is now saying that essentially once returned from the consulate for 221g its basically a closed case, and you need to reapply. This came directly from my senators office contacting INS at the Vermont Service Center. Sad and frustrating, but they can do whatever they want!

[destiny64 222]

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?

Takes forever to recieve back to INS, my fiance was given and interview in December 2010, recieved back March 2011....still in review...there is no review, just refile.

[Boiler 45,945]

So the only 2 issues that seems to strike me are:

1) She is dealing with a high fraud Consulate.

2) She is herself a recent immigrant. Not sure if that is really important in this case.

And I am not sure if the reason for the denial is absolutely certain.

[SSSSS 13]

So the only 2 issues that seems to strike me are:

1) She is dealing with a high fraud Consulate.

2) She is herself a recent immigrant. Not sure if that is really important in this case.

And I am not sure if the reason for the denial is absolutely certain.

I live here for many many years in legal status

[Rufus2012 175]

So the only 2 issues that seems to strike me are:

1) She is dealing with a high fraud Consulate.

Is there a formal definition of "high fraud consulate"? I know what it means in English, but is there some INS/DoS definition which invokes, or authorizes, a different set of standards for applicants to have to reach? And if so, are those more stringent requirements published anywhere, so that people applying to a high fraud consulate could have a better idea of what things they should triple check (more than usual that is).

[Boiler 45,945]

No

But they are well know so if you go through one you should expect extra scrutiny.

[Sergi9 110]

Is there a formal definition of "high fraud consulate"? I know what it means in English, but is there some INS/DoS definition which invokes, or authorizes, a different set of standards for applicants to have to reach? And if so, are those more stringent requirements published anywhere, so that people applying to a high fraud consulate could have a better idea of what things they should triple check (more than usual that is).

The standards are the same legal standards, however the Consulate officer is empowered to act on his/her own "gut" feeling if you will. They are supposed to stay within the law however there is no judicial review for consular decisions, so in the end the best strategy for K1 denial is get married and refile CR1.

[Used to be broken 147]

Why is that so unreasonable? I've seen people get denied because their mothers coincidentally had the same maiden names, but zero blood relation. See, I'd understand if he was still doing his military service and unable to travel, or literally could not afford the time away from home. I've done it for my husband when he asked for help, and he also did it for me. It also shows that both parties are taking care of each other financially.

It's great when people make sarcastic responses without anything to back up their snotty attitude

*Of course my suggestion could not be the only reason for a denial. Don't get mixed up. Something small and trite like that could be enough to push a demon adjudicator in the wrong direction if they have other underlying reasons.

Sorry if you feel I was being snotty. It just struck me as quite funny.

Canada is not Armenia, and they don't deal fast and loose with tourist VISA's for people in this age group or any age group for that matter. If your not extremely well connected you are not coming to America on a tourist VISA period. Its also obvious this is the same consular office that just denied the OP K1 VISA request with substantial documentation of an ongoing relationship. A tourist VISA is much harder to get and requires more substantial ties to Armenia since its a non-immigrant VISA, hence it is harder to get than a k VISA.

[Blumchen 0]

Have you looked for any reviews for this consulate? What are other members saving about it? You've provided enough evidence in my opinion, I had the same stuff, only I took two and a half years worth of text messages instead of IM logs because SMS is pretty much as good as call logs because you can see what they're saying, and it's easier to verify a phone number for ID than screen names... but that shouldn't matter! How many of each peice of evidence do you have over the course of your relationship? It sounds like you've got quite a bit, but if you've only got one call log, one IM conversation, and one boarding pass, then that won't cut it. Dig up everything you got that proves you're a legit couple and have been for the last four years.

Appeal, appeal, appeal. And if possible, be there with him the next time. Unless there's something you're holding back, he said something wrong in the interview, or the Consulate just denies applicants all willy nilly, I don't understand why you would get denied.

My fiance says he found stats saying 95% of all K applicatins into the US get approved, and the ones that don't, 99% of those appeal and get approved the second time around. Fight it And good luck!

[Boiler 45,945]

I took none.

Very difficult to compare cases where the factors are so different.

[confusedasheck 21]

I've read here that the govt will sometimes pull a "Lexis Nexus" report on the petitioner and use that as a source of information. Maybe you could request your free copy and if it anything is amiss?

See :

http://www.visajourney.com/forums/topic/264235-another-blue-for-hcm-figure/

https://personalreports.lexisnexis.com/access_your_personal_information.jsp

[Robert&Karen 264]

I've read here that the govt will sometimes pull a "Lexis Nexus" report on the petitioner and use that as a source of information. Maybe you could request your free copy and if it anything is amiss?

Very true. When I worked at an Embassy and needed a visa to go through Russia, the application was immense. The reason was ####### for tat, we ask THEM a bunch of questions. I asked the consular what can they find one me, not having access to US databsses like FBI, etc. They ran me on Lexis Nexus and the info flowed right out. At one time I got a former girlfriend a credit card in my name. She abused it so I cancelled the card. That was 1994. Then in 2007 her entire bio is forever attacked to mine, including ALL of her life even to the present day. Cross referencing is incredible. Newspaper searches, county and city record databases, you name it. They do not have everything, but they have everything that counts.

[tonetzky18 1]

get you senators involved and do that ASAP

Yup get your senator involved! thats what we did after our I-129f denial! we got approved after 3 weeks

[Gigi&D 0]

See what I found http://www.ilw.com/articles/2006,0323-ellis.shtm

Its an old article but it cud help..

[Gigi&D 0]

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?

Here it is some more helpful information found:

Possible problems

The K-1 visa is a highly reliable visa if done correctly. Nonetheless, about half of fiancees fail to receive their visa on the day of interview (our firm has a 97% success rate for first day issuance, and 100% eventual success). Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays (we have to go through it every once in a while ourselves, and, believe us, it is not pleasant), and possible denial or return of the petition to the USCIS for "administrative review" and possible revocation. Some of the more common issues that can lead, alone or in combination with other problems, to a denial/failure to issue are:

1. Missing documents

2. Incorrect paperwork

3. Insufficient income/savings of the U.S. citizen sponsor

4. Very large age difference between the couple

5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country

6. Poor English skills of fiancee

7. Couple hasn't spent enough time together in person

8. Couple lacks sufficient evidence of recent day-to-day contact

9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen

10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making

11. Fiancee was previously in the U.S. and overstayed the visa

12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status

13. Fiancee has a criminal record

14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)

15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)

16. Petition includes a document that is deemed to be fraudulent

As a general question, the first five problems listed above will result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the USCIS. Delays in such cases typically are measured in weeks rather than in months.

Problems 6 through 10 above, which controvert the genuineness of the relationship between the couple, are typically sent back to the USCIS for administrative review/revocation or are sent to the Embassy's Anti-Fraud Unit, which will assign an investigator to go to the fiancee's home town and interview friends and neighbors to get a better idea of whether the couple's engagement is for real. Delays in such cases typically exceed six months.

Problems 11 through 16 above involve issues that render the beneficiary excludible from the U.S. as a matter of law. In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible (we have done this, for example, with clients that had a criminal conviction that we were able to convince the Embassy was not a crime of "moral turpitude" as defined by the U.S. Immigration and Nationality Act). If the Embassy decides that the beneficiary is excludible, an "extreme hardship" waiver is usually available, although such waivers can be difficult to obtain. The typical I-601 Application for an "extreme hardship" waiver takes four to six months to process.