K-1 Denied In Nairobi

[DaniDSO 0]

Yesterday my fiancé went to his interview in Nairobi (he is Rwandan) and was denied based on reason 221(g) failure to establish bona fide relationship. When he went back today to get the information on the additional evidence they did not have anything to give him because they said it has to go back to the US to process again. From the few people I know who have gone through the process they usually tell the applicant what evidence is needed. Can anyone help me understand what this means??? Anyone have this happen too? Do I have to resubmit my petition on this side?

[Ryan H 3,834]

A denial for failure to establish bona fide relationship usually means the CO does not believe the relationship is legitimate and is sending the file back.

In this situation, once USCIS receives the file back, 1 of the following 3 things will happen:

1. They will allow the petition to expire; in this case they will tell you to start over (most likely).
   
2. They will re-affirm their original approval of the petition with no additional action needed on your part and return it to the Embassy for another interview (least likely).
   
3. They will send you a Notice of Intent to Revoke (NOIR).
   

If you receive an NOIR, it will state specific reasons why it is being sent. You must respond to each reason in the notice and you must do it by the stated deadline on the notice. Failure to properly respond to an NOIR will result in a mark of misrepresentation being placed on the beneficiary.

[DaniDSO 0]

I just don't understand how they can do this. So basically I'm going to have to resubmit a new petition and start all over again. Any explanation why they denied? What could we have done wrong? Do you know if I have to wait for the petition to expire to file a new one?

[rodceasar 34]

Your rejection is not uncommon at the Nairobi Embassy, especially for K-1's. They feel that enough evidence was not provided to ensure your relationship is genuwine and not for immgration purposes only. The key to getting through this embassy is to have more than enough, real evidence (i.e. money transfers, email/text/chat logs, pictures of you both and family meetings, etc.). Unfortunately, they have total control in denying or not. You must paint the picture of a bonfide relationship.

Most people on your situation end up getting married in the home country (Rwanda) and re-filing for a CR-1. Wait until you hear back from USCIS on the retunred petition. You can have the US petitioner contact their congressman to ensure that it's looked at again and for you to have a second interview. Or you can withdraw your petiton yourself by contacting USCIS in writing. I would probably wait to hear from USCIS prior to withdrawing for not sure how it might be looked at if you do so prior to immigration contacting you in writing.

Follow Ryan H's info above!

[Ryan H 3,834]

For starters, have your fiance write down the exact questions that were asked and the answers he gave while it is all fresh in his mind.

Other questions are:

• What kind of relationship evidence did you send with the petition when you first filed it?
  
• Is there a large age difference?
  
• Have either of you been married before or were either of you recently divorced when you first met?
  
• How many visits did you make prior to filing?
  
• Has someone else filed a petition on his behalf before?
  

The point of these questions is to flush out possible red flags as to why the denial occurred. Only the CO who denied the visa application knows the exact reasons and you will not get a glimpse of those unless you receive an NOIR. The reasons as to why an NOIR was sent are usually extrapolated from the notes of the CO.

[DaniDSO 0]

Thank you both for the helpful replies. I will absolutely contact my US congressman to try and lobby for a second interview. We have a powerful and amazing story of how we met and became a couple and I have been told by many that it changes hearts. Not saying this will be the case but at this point we have nothing to lose. As for more specific proof i would love to hear ideas on what else we can bring. In my original I-129 I provided the necessary paperwork plus copies of the itineraries of my four visits to Rwanda, all the emails we have ever exchanged, photos of us together in Rwanda, receipt for my engagement ring, letters from friends and family, and almost 30 pages of phone records from the first time we started dating in 2010. He brought nearly the same evidence: copies of our emails, photos of the last visit I was there after the petition was filed in the us which included us tiger at his sisters wedding and an engagement party thrown for us by his church friends, and letters from his siblings, pastor and boss. Yhe only thing he didn't have was his own phone records. We tried vert hard to get them, he even met with the minister of justice, but you have to have either a compelling criminal reason or a court order to get them and they would not give it to him. What else could we have provided?

[DaniDSO 0]

Oh yes and we are only two years apart, neither of us have ever been married and don't have kids. As far as I know the only time he's ever been to the us was for a student exchange program through the Anglican Church.

[Moomin 292]

Thank you both for the helpful replies. I will absolutely contact my US congressman to try and lobby for a second interview. We have a powerful and amazing story of how we met and became a couple and I have been told by many that it changes hearts. Not saying this will be the case but at this point we have nothing to lose. As for more specific proof i would love to hear ideas on what else we can bring. In my original I-129 I provided the necessary paperwork plus copies of the itineraries of my four visits to Rwanda, all the emails we have ever exchanged, photos of us together in Rwanda, receipt for my engagement ring, letters from friends and family, and almost 30 pages of phone records from the first time we started dating in 2010. He brought nearly the same evidence: copies of our emails, photos of the last visit I was there after the petition was filed in the us which included us tiger at his sisters wedding and an engagement party thrown for us by his church friends, and letters from his siblings, pastor and boss. Yhe only thing he didn't have was his own phone records. We tried vert hard to get them, he even met with the minister of justice, but you have to have either a compelling criminal reason or a court order to get them and they would not give it to him. What else could we have provided?

Do you think they might have gotten the impression that the pictures of engagement party was a wedding instead? It sometimes happens however depends completely on the cultural traditions of the country.

If you want, you can report your own topic and ask to have it moved to the regional forum. Sometimes, you get better advise when your topic is country specific.