About K1 Refusel

[Raaz0001 0]

Dear Visa Journey Members/Friends, i need your help and please help me as soon as possible.

well i interviewed on Feb 05 in New Delhi, US Embassy, the interviewer ask me few question about me and my fiancee, and i answer his all question, after 5 or 10 minutes he give me a 221g letter and told me to submit all the documents with your Original passport to the nearest VFS center, on march 5, i submit all the the documents required in 221g letter and today on April 3 they give me a letter in which it says

The Visa interview and accompanying investigation indicates that the petition and the beneficiary do not have a valid relationship to qualify for a K1 fiance visa. the visa application is refused under section 212(a) (P) (5) (a) of the Immigration and Nationality Act (INA). The petition is being returned to the National Visa Center (NVC) for review and revocation. Any further questions should be directed to them. Please consider this case closed at our office.

My question is Why they refused my visa ?? while i have so many proof of relationship with my fiance. We are in relationship from 2008 and we meet in person in 2008 and 2010,. I also give bills, our phone call bills, our photographs, our chat history, our letters and emails, what else they need ??? Even the documents i submit they return me back, i am very sure that they even did not check my documents because as i submit it there, they return me back in same condition at the time i submit it?

My another question is What is the section 212(a) (P) (5) (a), i even can not find it online ??,, and now what i have to do ? Can i appeal some where about my case or can i ask anything to anyone ?

Is there is any one who can help me, please friend i need your help ?

Thanks for your time .

Edited April 6, 2012 by Kathryn41
to remove personal information

[LeftCoastLady 441]

http://www.visajourney.com/forums/topic/360859-refused-for-no-valid-relationship/

[Kathryn41 3,205]

The Consulate staff do not believe that you have a valid relationship, but since there is no grounds for them to deny based on this, they are using a section of the act that allows them to deny you as having no actionable grounds for a visa. There is something about your relationship, either inherent in the relationship itself, or was discovered during their research or security check or the information you submitted that made them think that you are applying for the visa as a means to get to the US and not because you have a real relationship.

The link posted by LeftCoastLady above is very similar to yours except their interview date wasf March 5 - a month after yours. It appears in their case that there is a large age difference between the man and the woman with the woman being older than the man. This is not a culturally accepted norm in the Consulate where they interviewed and was probably the biggest 'red flag' that led to their denial. You need to look at your own relationship and see if there are any aspects of it that don't 'fit' in your culture, or if you have only had a very short time together in person, or did not provide enough primary evidence of the relationship.

If you wished to share more of your personal and relationship information members might be able to suggest some options to help you address the denial, or to help explain why you got a denial.

I hope this helps.

Edited April 6, 2012 by Kathryn41

[Penguin_ie 5,996]

212(a) Paragraph (5) (a) is regarding labor certification, but is usually used when the CO doesn't believe you have a bonafide relationship. You only met twice, and there was two years between the two meetings, and almost two years between the last meeting and now. The best bonafide evidence is time spent together, and you have little.

Are there any red flags in your case? Recent divorce, have you been petitioned before, large age difference?

What are the documemnts you were asked to submit? Did you get all of them?

[Raaz0001 0]

Dear Visa Journey members and friends , i need your help-suggestion and please help me as soon as possible.

i m Indian passport holder and my Fiancee is citizen of USA . In short wording my story is after two three year of relationship my Fiance's applied a K1 visa for me and for that i interviewed on Feb 5 in New Delhi, US Embassy, the interviewer ask me few question about me and my fiancee, and i answer his all question, after 5 or 10 minutes he give me a 221g letter and told me to submit all the document and my original passport as per the list to the Nearest VFS center, on march 5, i submit all the the documents required in 221g letter with original passport and day before yesterday on April 3 they give me a letter in which it says

The Visa interview and accompanying investigation indicates that the petition and the beneficiary do not have a valid relationship to qualify for a K1 fiance visa. the visa application is refused under section 212(a) (P) (5) (a) of the Immigration and Nationality Act (INA). The petition is being returned to the National Visa Center (NVC) for review and revocation. Any further questions should be directed to them. Please consider this case closed at our office.

My question is Why they refused my visa ?? while i have so many proof of relationship with my fiance. We are in relationship from 2008 and we meet in person in 2008 and 2010. I also give our phone call bills, our photographs, our chat history, our letters and emails ,PCC, what else they need ??? Even the documents i submit they return me back, i am very sure that they even did not check my documents because as i submit it there, they return me back in same condition at the time i submit it?

My another question is What is the section 212(a) (P) (5) (a), If is that refusal then can i appeal for that ?

I discuses with my fiance about this situation like may be they are not happy with submitting documents and thinking its not strong relationship ,, so now we decide she is coming to India Soon , and we will do court marriage,

IF RECENTLY WE REFUSAL FOR K1 THEN CAN WE APPLY SPOUSE CASE AFTER MARRIAGE ?

AND IF YES THEN NORMALLY IT WILL TAKE 1 YEAR BUT WE ARE ALREADY IN PROCESS THROUGH k1 AND IN TOUCH WITH THEM , SO ANY

LESS TIME LIMIT FOR US OR WE CAN CHANGE OUR CASE FROM K1 TO SPOUSE ETC ETC..

what is the next step i have to do for my k1 visa ?

ME AND MY FIANCEE WE ARE REALLY SO STRESSFUL AND IS HURTING SOO MUCH

PLEASE HELP US AND SUGGEST SOMETHING ABOUT THIS CASE

INFORMATION ABOUT MY FIANCEE

__________________________________

Visa type: K1

Consulate: New Delhi

Visa issued (if applicable)NO

221 g issued YES

Gender of beneficiary: Male

Religious difference: I am Hindu and she is Christian, but we have no problem with the religion and she is willing to accept the Hindu religion also.

Religious background of beneficiary: Hindu

Age of beneficiary? 30

Age of petitioner? 40

Method of meeting (online, in person, etc):? first we meet online but we also meet in person for 2 times First time for 10 days in india and thenagain2 nd time for one mont in india .

Engagement Ceremony: No just a private proposoal

Has beneficiary ever been to the US :NO

Does beneficiary have relatives in the US: NO

How did beneficiary acquired US Citizenship?

Family approval in India: Yes

Notarized letters provided : Yes

Co-Sponsor required: NO

How much time has petitioner spent with beneficiary in person: 1st time we meet in person we spend 10 days, 2nd time we meet we spend 1 month

Has the petitioner or beneficiary ever been married Petitioner Yes

Having child from previous relationship/marriage if any? Yes she have 2 kids

Did the petitioner attend the interview:No

She is divorce with her x husband and as per court she is free and can marry with anyone..

PLEASE HELP US AND SUGGEST SOMETHING ABOUT THIS CASE

WAITING FOR UR POSITIVE REPLY ,,,,

Edited April 24, 2012 by Raaz0001

[Penguin_ie 5,996]

What documents was it that they asked you to submit after the interview, and what did you actually submit?

I find it interesting that they say "and accompanying investigation." This may indicate that they visited your neighbourhood, work or similar and people there did not know of your relationship. Also, her having visited only twice in a 4 year relationship is bad, and the ten year age difference with her being close to being too old for biological children.

Yes, you can file for a CR-1 after marriage, but officially withdraw the K1 first. You will still have to overcome whatever cause the denial of the K1, and it won;t be any faster than for a "first time applying couple".

[Penguin_ie 5,996]

** two topics on the same issue merged. PLease do not start more than one topic on an issue; if you have extra info or a follow-up question, post it as a reply in your original topic ****

[jaycali 415]

I agree with Penguin. "Accompanying investigation" sounds like they did some kind of search.. Could be anything from Facebook to visiting work place or neighborhood etc. and no one knew about your relationship or something to that effect.

Also, the age difference is a red flag. Is it common for males in India to marry older women? If not, the consulate will wonder why you married an older woman. It's not illegal, but it makes them suspicious, especially since she's closing the age where can no longer have children.

They look at this in the big picture, but there are six points that seem to make the case very hard to get trhough:

1. Is the relationship considered "uncommon" or socially unacceptable in the benficiary's country?

2. Is the relationship considered "uncommon" or socially unacceptable in the US?

3. Is the woman much older, and not in childbearing age?

4. Is the consulate a high fraud consulate, or is the country's GDP/HDI significantly lower than that in the US?

5. Have the beneficiary and petitioner met on a very limited number of occasions?

6. Has the beneficiary recently applied for any other immigration benefit? Or been refused an immigration benefit?

If one or more of these are true, the visa process seems to get more difficult. If a number of these are true, the process seems to get a whole lot more difficult and it's very important to know exactly what makes your relationship look suspicious before you go for the interview.

If you get married and file an I-130 and eventually apply for a CR-1, you'll still face the same questions at the consulate. If yougo this route, I suggest you spend a lot more time with your fiancee, and work on providing any and all evidence you possibly can to make your case stronger.

Edited April 24, 2012 by jaejayC