K-1 Visa Not Granted at Jamaican Embassy

[Bree3601 0]

My fiancee went yesterday to Kingston, Jamaica for his interview. They asked him the same questions repeatedly that he provided a sufficient answer to, but they just kept on. They alluded to the fact that our relationship looked orchestrated, which of course is not true. They did not give him a formal denial (no stamp in his passport, no blue form, no reason for denial) the only explanation given was that what was in the paperwork did not match what was said during the interview. They said they would send his papers back to the US and they would contact me directly. Now we are not sure what to do. Has anyone else experienced this? Any suggestions on what to do next. We did not hire a lawyer to do our original paperwork.

Thanks for your help!!

[JimVaPhuong 4,863]

My fiancee went yesterday to Kingston, Jamaica for his interview. They asked him the same questions repeatedly that he provided a sufficient answer to, but they just kept on. They alluded to the fact that our relationship looked orchestrated, which of course is not true. They did not give him a formal denial (no stamp in his passport, no blue form, no reason for denial) the only explanation given was that what was in the paperwork did not match what was said during the interview. They said they would send his papers back to the US and they would contact me directly. Now we are not sure what to do. Has anyone else experienced this? Any suggestions on what to do next. We did not hire a lawyer to do our original paperwork.

Thanks for your help!!

You posted this in the wrong forum.

It's sometimes possible to get the visa section chief to hold the petition at the consulate for review, but that depends on the consulate. I have no idea how you'd go about doing that in Kingston, but a lawyer who knows that particular consulate would know how to do it. Anyway, the chances of getting it held are slim in any case.

Your petition is being returned with a recommendation that the approval be revoked. They think your relationship is a sham, and they're accusing your fiancee of fraud. You'll eventually hear from USCIS about it, but that may take a couple of months. Depending on the service center that originally approved it, they'll either just let the petition expire and then tell you to file another one and try again, or they readjudicate it based on the consular officer's findings. If they agree with the consular officer then they'll send you a Notice of Intent to Revoke (NOIR). If you get a NOIR then you should respond vigorously with a truckload of evidence. If they revoke the approval of the petition then the CO's accusation will be assumed to be factual, and your fiancee will be guilty of fraud. You'll need a waiver before he'll be able to get a visa. If they readjudicate it and disagree with the consular officer then they'll reaffirm the approval of the petition, and it will be sent back to the consulate for another interview.

Spend some time in the K1 forum, and especially read the pinned threads there.

[Bree3601 0]

You posted this in the wrong forum.

It's sometimes possible to get the visa section chief to hold the petition at the consulate for review, but that depends on the consulate. I have no idea how you'd go about doing that in Kingston, but a lawyer who knows that particular consulate would know how to do it. Anyway, the chances of getting it held are slim in any case.

Your petition is being returned with a recommendation that the approval be revoked. They think your relationship is a sham, and they're accusing your fiancee of fraud. You'll eventually hear from USCIS about it, but that may take a couple of months. Depending on the service center that originally approved it, they'll either just let the petition expire and then tell you to file another one and try again, or they readjudicate it based on the consular officer's findings. If they agree with the consular officer then they'll send you a Notice of Intent to Revoke (NOIR). If you get a NOIR then you should respond vigorously with a truckload of evidence. If they revoke the approval of the petition then the CO's accusation will be assumed to be factual, and your fiancee will be guilty of fraud. You'll need a waiver before he'll be able to get a visa. If they readjudicate it and disagree with the consular officer then they'll reaffirm the approval of the petition, and it will be sent back to the consulate for another interview.

Spend some time in the K1 forum, and especially read the pinned threads there.

[Bree3601 0]

Thanks so much Jim for your analysis. I'm just so devastated by this. My 129-F form has already expired, does this mean I can just reapply. We know someone recently who the identical situation happened to and about a month later she was called back to the embassy in Jamaica to do an interview with her fiance there and the visa was granted. Lord we are praying this will happen to us. Thanks for the advice.

[Bree3601 0]

My fiancee went yesterday to Kingston, Jamaica for his interview. They asked him the same questions repeatedly that he provided a sufficient answer to, but they just kept on. They alluded to the fact that our relationship looked orchestrated, which of course is not true. They did not give him a formal denial (no stamp in his passport, no blue form, no reason for denial) the only explanation given was that what was in the paperwork did not match what was said during the interview. They said they would send his papers back to the US and they would contact me directly. Now we are not sure what to do. Has anyone else experienced this? Any suggestions on what to do next. We did not hire a lawyer to do our original paperwork.

Thanks for your help!!

[Oksana & Max 94]

My fiancee went yesterday to Kingston, Jamaica for his interview. They asked him the same questions repeatedly that he provided a sufficient answer to, but they just kept on. They alluded to the fact that our relationship looked orchestrated, which of course is not true. They did not give him a formal denial (no stamp in his passport, no blue form, no reason for denial) the only explanation given was that what was in the paperwork did not match what was said during the interview. They said they would send his papers back to the US and they would contact me directly. Now we are not sure what to do. Has anyone else experienced this? Any suggestions on what to do next. We did not hire a lawyer to do our original paperwork.

Thanks for your help!!

There is really nothing you can do at this point. What seems like that there was an issue during interview. Possibly you didn't had strong evidence to proof a bonafide relationship. There is really nothing you can do at this point. You can try to wait till you get "Intent to Deny" from USCIS. Which could take months and months down the road. Or you can try to apply for a new case but to make sure you cover all of the issues, including proof of the relationship and etc.....

[TBoneTX 45,872]

Wait to hear from USCIS, which may reaffirm the petition.

I get the sense that Jamaica is another place where it's massively helpful (if not crucial) when the petitioner is on the consular premises for the initial interview.

[Penguin_ie 5,996]

***** Moving one topic from AOS to K1 forum and merging with duplicate topic *****

Edited November 3, 2011 by Penguin_ie