K1 visa refused after 2 months from interview

[upgrade2012 3]

That would explain a lot and I *totally* could see a family doing that on the sly.

To the OP - oldest trick in the scammer's book - woo an unsuspecting American with words of undying love, get the GC, get the citizenship, drop her like a hot potato and then sponsor your desi girl. Look, I'm not saying that is what you are doing. BUT, part of your job in presenting your relationship/case to the consulate is to convince the CO that this is all on the up and up. Old profiles showing anything remotely questionable gets your case sent back to USCIS thanks in large part to all those Indian guys that did [and continue] to scam. You're paying for their past sins - sad but true.

Anyway, start looking at your relationship and case with the eyes of cynical CO. You'll see the phrase "red flag" used a lot - age differences, religion differences, divorces, kids from prior relationships, looking like an oddball match [for example, you're a PhD with a tenure track lecture position and she's a high school drop out with 2 kids working at the local fast food joint], anything like that???

Did you spend a decent amount of time together? Did you follow any cultural traditions for the engagement? What about family meetings??? COs familiar with South Asian traditions may look at a case presented to them lacking those features as "questionable".

You need to try and get to the bottom of why your case was sent back. You will never get a hard and fast answer - but start thinking about it. Short of a posting on shaadi.com from your busybody aunt - something will most likely stand out to you. Then, you need to work on trying to fix that problem.

Hi there,

Thanks for your post. I totally agree with you. In our case family was involved and we had a proper traditional Engagement ceremony. Yes we had family meetings and outing as well after and before the ceremony too. However, I guess red flag in my case could be short visit as me and fiancee spent just about a month together in India.

And no I was never posted on any matrimonial websites.

We are now trying to figure out the exact reason from the consulate.

Me and fiance are same age, religion and never married before.

[upgrade2012 3]

Hi there,

Thanks for your post and I totally agree with you.

I guess in our relationship,only red flag is short/few visits. Me and my fiancee have only spent a month together in india and that was before filing the petiton. We both are same age, religion and neve married before.

Yes our families are involved in our relationship and we had a proper traditional engagement ceremony in India. We also had family meetings and outings before/after the engagement.

I am really confused about what we should do now. We are trying to figure out the exact reason of the denial from the consulate.

Also, will it be okay if we file CR-1 after legal wedding as we can't plan traditional wedding before November,2013.

No I was never posted on any matrimonial websites.

Just hoping tht 2013 brings us all lots of happiness and joy.

[catknit 144]

Huh. Ok, so she's ethnically Indian also? Is this a love marriage or an arranged marriage? How did you meet? Is there a long standing family relationship [both families lived in the same colony back in India??? - both sets of parents are old school chums???]. Things that are sometimes seen as sketchy - her brother is your boss, your landlord is her cousin, things that would classify as more "business" style relationships get more scrutiny.

I ask because the exact opposite of what I mentioned can also happen - a CO with no clue as to how the whole traditional desi marriage thing happens will look at an arranged marriage suspiciously, especially if there was online proof that either one of you had a social life outside of uber-traditional/ultra-conservative biases [sort of the thought that if this young guy will agree to an arranged marriage but seems like he was playing the field a couple of years ago maybe all of this is a sham - added to the mix would be the fact that your case was probably the only "interesting" case that week or month since it falls outside of the typically "western" relationship norms if it is an arranged marriage - plus it is NO secret that there is high fraud issues out of India - to a CO, this could just be yet another marriage of convenience]. Also, let me state unequivocally - this is ALL speculation.

Did you provide pics of the engagement ceremony? Families meeting pics? Etc, etc? I ask because of what happens next - the return of your file. When a K1 gets sent back, it goes to the service center from which it was originally approved [based on the residence of your fiancee]. In general, files that are returned to CSC [California] are allowed to expire. In that case your fiancee will receive a letter stating the case has expired and you are free to file again. If your case is returned to VSC [Vermont], there is a chance it will be re-adjudicated which can lead to a request for more info [a letter called at Notice of Intent to Deny or Notice of Intent to Revoke] may be sent out with a deadline to return additional proof. Or, VCS may choose to just reaffirm the case without additional information. Whether or not the case is re-adjudicated appears to be an absolute #######-shoot but it seems VSC is much more inclined than CSC. If you look at information here on vj you'll see it sometimes happens [i think cases from Ecuador appear to be reaffirmed quite a bit - maybe since so few cases return from New Zealand, they may re-adjudicate yours]. I'd have your fiancee have her eye out for mailings from USCIS - also, have her get in touch with her congressperson's or senator's immigration liaisons. They may be able to find out more information about what is going on with the K1 case.

What could happen - in about 3-5 months, you could get a new NOA2 that states the case was reaffirmed and that it's being sent back to the embassy for a new interview. Again, not a typical outcome, but a possible outcome.

Here's the kicker - if you marry and this reaffirmation does occur, you've shot yourself in the foot for the K1. You must NOT be married in any way, shape, or form to be eligible for the K1. There is no issue with going back to USCIS and stating, "hey, we married, we're withdrawing the K1 and will be pursuing the CR1". But, your CR-1 will be based on the date of filing that petition, there is no "but, but, but our old case can get me an interview in 6 weeks - can't I just use that one instead?".

If you want to go CR-1 - yes, you can file once the legal marriage is registered. There are some real perks to the CR-1, most notably not needing to adjust status stateside.

See if you can find out info from her congressperson's/senator's liaison...it may help shed some light and point you in the direction you need to go.

[leonidas_alexan 45]

I am in one way in a similar position to the OP of the above thread. I too am an Indian citizen living in New Zealand for the past 2.5 years now. I arrived in New Zealand on a student visa in the month of July, 2010. My original plan was to finish my education, get a work visa and perhaps look to apply for a permanent residency here in New Zealand if I liked it over here. I successfully finished my education in 2011 December and obtained a valid work visa for 1 year in March 2012 which can be extended by a further two years at the end of March 2013.

Now, I met my fiancee in April 2011 while I was at college. We fell in love and after nearly 1 year of online relationship, I went to her place in Virginia in July 2012 to get engaged to her. When I returned back to New Zealand we immediately filed our K1 petition. We received our NOA1 after 1 week and now waiting for the NOA2. So far so good.

But after reading the above thread, I am slightly wary and confused as to my future course of action. It appears that the OP of the above thread was denied his K1 visa at the embassy interview stage. I really am not quite sure as to the reasons for that.

My questions to my fellow VJ'ers is this---do you guys think the visa rejection has got anything to do with the fact that maybe since the OP was from India (which maybe a medium to high risk fraud country) but he attended his interview in New Zealand ( a low risk/non risk country). It is clear that the OP is in New Zealand legally.

I will explain to you guys my situation based on which I would welcome suggestions and advice.

* My current visa expires in a couple of months from now in March 2013. Now, I do have a legal right to extend it by a further 2 years. But I really do not want to do that because I know that I have already applied for a K1 visa. The 2 year extension would be given to me if I have in my hands a full time job. Although I have got several job offers I have declined them because at the job interview I know if I tell them that I have already applied for a K1 visa nobody would be willing to hire me. And, obviously I do not want to hide the fact that I have applied for a K1 visa. Also if and when I am granted the K1 visa I need to immediately go to the US. So, quite deliberately I have now taken up a casual job which did not entail me to sign any binding contract.

* Since I do not want to apply for a work visa I am planning to get a student visa so that I can still attend my embassy interview here in Auckland. I have finished my accounting degree and I am planning to do a full time short course in Human Resource Management, Marketing etc which will help further bolster my accounting degree. Apparently in order to attend a K1 visa interview in a foreign embassy the applicant either should be in that foreign country on a student or a work visa. Currently I am on a work visa. I can actually live here by choosing either a student visa or a work visa. I just need to know which one is suitable for me given my circumstances. I believe it is the student visa since I am sure nobody will be willing to hire me knowing that I will soon be leaving for the USA.

* The other option is to go back to my home country India to attend the embassy interview. But I do not want to do that as when I came to New Zealand for my education, I have taken a huge student loan which I am still paying off with the help of my current job. A student visa would still legally allow me to work for 20 hours in a week. Because of the big currency exchange difference between the New Zealand dollar and Indian rupee, I will still be able to pay off my student loan instalments even if I work only 20 hours in a week.

Now my worry is this:

* If I choose to stay back in New Zealand, will it be seen as an attempt at consulate shopping? I did arrive in New Zealand in 2010 legally on a proper student visa and I got my valid work visa which I can further extend it by 2 years.

* I actually met my girl friend in the year 2011 a full 12 months after I arrived in New Zealand. This is to emphasize that I did not meet my girl friend while I was in India and only chose to move to New Zealand for consulate shopping. Coming to New Zealand was something that I always wanted to do and obviously I had no clue at the time that I would be meeting someone from the USA one year later.

* Anyway given the rejection of the OP in the above thread, I am worried what could have been the reasons for his rejection. I would love to stay back here in New Zealand and attend my embassy interview here as I can earn money and pay off my student loan as much as possible before I leave for USA. Or should I go back to India to attend my embassy interview?

Please advise.

Cheers.

[catknit 144]

Well leonidas - you pose some very interesting questions. What I think - and yeah, just a stranger online who been through the visa thing including a K1 refusal, reaffirmation, etc.

I don't think there is any issue with taking your interview in NZ per se. You legally are in NZ and have a method to stay in NZ over the long haul. I get your concerns of consulate shopping, etc but obviously you had enough ties and projected yourself in such a way that you've been able to get a tourist visa to the US. That is not an easy feat for the average single Indian guy [lots of people get denied tourists visas in India - lots].

What really jumps out to me is meeting your SO online and it appears that you only met her once??? Again, it's up to the CO and whether or not your case "makes sense". Are there pics with family and friends? Pics of "everyday" life [meals together, hanging out at her place...]? Or, do you just have a couple of popular landmarks with the 2 of you standing awkwardly in front?

This is what's so hard about being able to figure out what may or may not happen. Each case is different and something you think maybe insignificant may in fact be huge. Or, something you think is huge may be completely insignificant. Also, each CO has their own "gut". You may pass through the interview with flying colors...or you may get a refusal. It's sort of a game of "the total is greater than the sum of the parts".

Do you have any additional red flags?

[StephAnn2012 50]

I agree with the other posters who told you that getting married won't address the problem. Here is a game plan I suggest:

1. Ask, ask, ask and again ask nicely and reasonable frequently without buggering them to death to give you answers as to what happened. - They said they are sending it to USCIS so get your fiancee to check in the US for their understanding.

2. Seek out any information that led to their questions about past girlfriends and boyfriends - Be very serious about this - if you had lots of pics of you with girls on any website - these could have raised red flags with the interview team.

3. Get more documentation together documenting your ongoing relationship -

4. Get some very good answers for them concerning your education and career as those came up in the interview.

5. Spend some time with your fiancee going over the basics that came up in your last interview and be ready for any questions - eye color - favorite song - favorite color - sleeping position - what she likes to read - any any thing you think a couple should know about -

6. If you have chat logs - emails - texts - print them out to demonstrate the constant contact that a couple like you would have.

If they don't respond with answers and soon - get a lawyer to assist you. Document in as much detail, every conversation you have had with them. Write down in detail, everything that you remember from your day in Hell. Your attorney will appreciate the detail and the longer you wait, the less credible and detailed it will be.

From the overview you gave us, it seems they did not think you are serious - I would work toward proving my seriousness by doing the above things and asking your fiancee to do the same -

Good luck to you!

[leonidas_alexan 45]

Well leonidas - you pose some very interesting questions. What I think - and yeah, just a stranger online who been through the visa thing including a K1 refusal, reaffirmation, etc.

I don't think there is any issue with taking your interview in NZ per se. You legally are in NZ and have a method to stay in NZ over the long haul. I get your concerns of consulate shopping, etc but obviously you had enough ties and projected yourself in such a way that you've been able to get a tourist visa to the US. That is not an easy feat for the average single Indian guy [lots of people get denied tourists visas in India - lots].

What really jumps out to me is meeting your SO online and it appears that you only met her once??? Again, it's up to the CO and whether or not your case "makes sense". Are there pics with family and friends? Pics of "everyday" life [meals together, hanging out at her place...]? Or, do you just have a couple of popular landmarks with the 2 of you standing awkwardly in front?

This is what's so hard about being able to figure out what may or may not happen. Each case is different and something you think maybe insignificant may in fact be huge. Or, something you think is huge may be completely insignificant. Also, each CO has their own "gut". You may pass through the interview with flying colors...or you may get a refusal. It's sort of a game of "the total is greater than the sum of the parts".

Do you have any additional red flags?

Hi Catknit,

First of all thank you very much for taking your time out and replying to me. It means a lot and your reply helped me to calm my nerves a bit.

It is interesting I am tense because I am actually still awaiting my NOA2.

Anyway I would like to address some the issues that you have raised.

* I forgot to let you know that I got my B1/B2 visa way back in 2008 when I was actually working for one of India's largest BPO's (Business Process Outsourcing firm). Yes I consider myself quite lucky to have gotten a B1/B2 visa that too for 10 years when rest of my colleagues and friends were either rejected or only given a 3 month visa. I really do not know why I was granted a 10 year B1/B2 visa. In fact I used that very same visa to visit my girl friend in USA in 2011.

* Yes we only did meet once. But I could not meet her before that since I was still studying at school when I met her. And before I did decide to meet her, we actually took a lot of time to evaluate our relationship if really we were serious and compatible. It was only after a long courtship that I decided to meet her at her place. We met online for the first time in April 2011 and only after 14 months of courtship did I decide to visit her. So, essentially what I am trying to say is although we may have met once, we did spend a lot of time obviously through phone, chat etc to know each other.

* Coming to the pictures we do have reasonably good number of pictures and a couple of them are me with her parents. But, for some reason my fiancee did not send those two pictures where I was with her parents along with the I-129F. But, we do still have those pictures. I think we may have submitted around 13-14 pictures excluding those 2 pictures where I was with my fiancee's parents.

* If I think about my own case what gives me comfort is that---first of all I was able to successfully get a B1/B2 visa when I was in India much before I had a thought about going to New Zealand. Second, I did arrive in New Zealand on a bona fide student visa and then got a work visa which I extend in the future. So, just to emphasize that I had no clue that my girl friend even existed when I arrived in New Zealand. It was only after 9 months of my arrival to New Zealand that I met my girl friend.

* The only red flag at this moment I can think of is the fact that I met her once and that was only for about 10 days. That is the only thing that I can think of. I will perhaps get a much better idea--if I get to know the reasons why the OP was declined his visa.

* Anyway I am more inclined to take up a full time student visa here so that I can not only bolster my qualifications but also work part time to pay off my student loan in India. I really do not want to take a work visa because it would be impossible for me find an employer who would be willing to hire me knowing that I will be leaving for the US if I am granted the K1 visa. I obviously do not want to hide that information from my prospective employers.

Anyway, Catknit I think I will be applying for a student visa to stay back here and attend my embassy interview in case I get my NOA2. It has already been 4 months waiting for my NOA2 so hopefully I will be getting it by February next month. Please do let me know your inputs.

Also, Upgrade2012, I would be grateful to you if you can provide further information on your visa issue and I will look forward to any suggestion from you since you are in a similar position to mine ( in terms of you being an Indian citizen legally living in New Zealand).

Thank you once again Catknit. Will look forward to your considered suggestions.

Cheers.

Edited January 3, 2013 by leonidas_alexan

[catknit 144]

* The only red flag at this moment I can think of is the fact that I met her once and that was only for about 10 days. That is the only thing that I can think of. I will perhaps get a much better idea--if I get to know the reasons why the OP was declined his visa.

Also, Upgrade2012, I would be grateful to you if you can provide further information on your visa issue and I will look forward to any suggestion from you since you are in a similar position to mine ( in terms of you being an Indian citizen legally living in New Zealand).

Get in another trip pre-interview BUT most likely with her coming to see you instead of you trying to enter on a B1/B2 while finishing up a K1. Again, not to beat a dead horse or that I'm necessarily in agreement with the bias, but Indian nationals get more scrutiny due to past fraud issues. You can read here and I'm sure someone will chime in a say "but he CAN visit" because you have a valid tourist visa [and really a 10yr? the visa gods were on your side that day]. Yeah, you can try to visit again and I'd even give you a 75-80% chance of making it through CBP. But, with the costs and travel time invlovled, I think having her travel with a 98%+ chance of getting into NZ makes a ton more sense.

I'm hoping the OP will return and update what's going on.

[leonidas_alexan 45]

Get in another trip pre-interview BUT most likely with her coming to see you instead of you trying to enter on a B1/B2 while finishing up a K1. Again, not to beat a dead horse or that I'm necessarily in agreement with the bias, but Indian nationals get more scrutiny due to past fraud issues. You can read here and I'm sure someone will chime in a say "but he CAN visit" because you have a valid tourist visa [and really a 10yr? the visa gods were on your side that day]. Yeah, you can try to visit again and I'd even give you a 75-80% chance of making it through CBP. But, with the costs and travel time invlovled, I think having her travel with a 98%+ chance of getting into NZ makes a ton more sense.

I'm hoping the OP will return and update what's going on.

Hi catknit,

Thank you very much for your prompt response once again. Well I really need to think about this second visit then. It certainly will strengthen our case. But we are now 4 months into the visa process and we both are wary about visiting each other given our K1 visa which is pending. I certainly cannot afford another trip now. Perhaps me and my fiancee will have to sit over this and decide. Well the 10 year visa I strongly suspect my company may have pushed for it. I really cannot put a finger on one particular reason why I may have been given a 10 year visa. My company hired me with a long term intention to promote me as a manager which would have required me to travel to the US quite a lot I guess. Anyway no clue really.

Yes more importantly I will be looking forward to the reasons the OP thinks may have contributed to his visa rejection at this stage. If you can think of any moot points or suggestions please do let me know.

But specifically, you prima facie think I can still attend the embassy interview here in Auckland, right? provided I get my NOA2.

Cheers.

[Darnell 8,478]

leonidas - i say work like a fiend in new zealand, work two jobs !!!!

there is nothing immediately about life after filing an I-129F - you're still looking at a minimum of 9 months before the interview, and even then, you have 6 months after it's awarded in which to immigrate to the USA. Taking a one-year work contract NOW tied to a one-year work visa is perfect for you.

So, get back into work mode, nowish, todayish. Pay off all of the student loans, it's nice to be debt free when immigrating, aye?

Edited January 3, 2013 by Darnell

[leonidas_alexan 45]

leonidas - i say work like a fiend in new zealand, work two jobs !!!!

there is nothing immediately about life after filing an I-129F - you're still looking at a minimum of 9 months before the interview, and even then, you have 6 months after it's awarded in which to immigrate to the USA. Taking a one-year work contract NOW tied to a one-year work visa is perfect for you.

So, get back into work mode, nowish, todayish. Pay off all of the student loans, it's nice to be debt free when immigrating, aye?

Hey Darnell,

Thank you very much for your response.

* Unfortunately, I can only apply for a two year work visa. And I will only be able to get a two year work visa if I can get a full time job offer. I may have been naive but when I went to the recruitment agencies I did tell them that I am eventually planning to move to the USA. See, I did not want to hide this information because in the future I do not want to get into any legal trouble for not disclosing all the material information pertaining to my employment.

* The reason why I felt student visa would be good is because I can not only stay in New Zealand legally and attend the embassy interview, but it also has a clause that I can work legally for 20 hours a week, which will easily take care of my living expenses and student loan as well. I dont have to worry about hiding anything from anybody. If and when I do get my visa, I can still finish my education and go to the USA. So, that is the reasoning behind my thinking to get a student visa.

* Also by applying for a student visa---I am still retaining my option of 2 year work visa as the last resort--if God forbid my K1 visa gets rejected. I want to keep my work visa option as my last weapon. Because if and when I do get that 2 year work permit that will pave the road for me to apply for a permanent residency here in New Zealand. That is the reason why I do not want to use it now. I only intend to use it if my K1 visa gets rejected. And, by applying for a student visa, in effect I have not exercised that option of using my 2 year work visa.

Thank you very much for your inputs and look forward to your further insights and suggestions.

Cheers.

Edited January 3, 2013 by leonidas_alexan

[upgrade2012 3]

Firstly thanks for your post again Catknit, Yes my fiancee is Indian by origin and this is arranged marriage. One of our common relative in US introduced me to my fiancee and then we started talking to each other on the phone/skype. After talking for about a month we both decided to meet in India. I flew to India when my fiancee was already in India on a holiday. We met in India and decided to get engaged. Then her mother came to India for the ceremony. She left to the States after about 10days after the Engagement and I came back to NZ. Our families never knew each other and never met before our Engagement.

I submitted quite a lot proofs of the relationship to the Consulate which were, Pictures before and after engagement, Pictures of me and her with her family and my family, Picturs of the traditional Engagement ceremony, Video of the Ceremony, Skype screenshots and call history, Voip call history that I used to call her, Pictures exchanged through text messages, screenshots of the text messages(random), Call history of her landline phone in US and the gifts and cards that we sent each other on birthday and valentines.

She called her congressperson before I got call from the CO about the visa refusal. Congresswomen emailed CO and they informed her after informing me that this relationship doesn't look like a genuine relationship and thats why officer didn't took the risk to issue him the Visa. I am still waiting for my documentation and letter from the CO.

Congressperson adviced us to file K1 again or get married as this petition must have been expired by now.

Me and my fiancee are waiting for the letter from the CO so that we could decide what we should do, appeal or just get married.

Its quite stressful now, and we really can't wait any longer for this process.(Losing PAtience) It would be great if they re-adjudicate my case but I just dont want to wait another 6 months and get a refusal when we could have got married legally and filed for CR1.

Also, I had no pictures of myself with any girl on any social sites and I was last active in 2010 on that social site, it said on the page. I just had few girls in the friend list.

[catknit 144]

Firstly thanks for your post again Catknit, Yes my fiancee is Indian by origin and this is arranged marriage. One of our common relative in US introduced me to my fiancee and then we started talking to each other on the phone/skype. After talking for about a month we both decided to meet in India. I flew to India when my fiancee was already in India on a holiday. We met in India and decided to get engaged. Then her mother came to India for the ceremony. She left to the States after about 10days after the Engagement and I came back to NZ. Our families never knew each other and never met before our Engagement.

I submitted quite a lot proofs of the relationship to the Consulate which were, Pictures before and after engagement, Pictures of me and her with her family and my family, Picturs of the traditional Engagement ceremony, Video of the Ceremony, Skype screenshots and call history, Voip call history that I used to call her, Pictures exchanged through text messages, screenshots of the text messages(random), Call history of her landline phone in US and the gifts and cards that we sent each other on birthday and valentines.

She called her congressperson before I got call from the CO about the visa refusal. Congresswomen emailed CO and they informed her after informing me that this relationship doesn't look like a genuine relationship and thats why officer didn't took the risk to issue him the Visa. I am still waiting for my documentation and letter from the CO.

Congressperson adviced us to file K1 again or get married as this petition must have been expired by now.

Me and my fiancee are waiting for the letter from the CO so that we could decide what we should do, appeal or just get married.

Its quite stressful now, and we really can't wait any longer for this process.(Losing PAtience) It would be great if they re-adjudicate my case but I just dont want to wait another 6 months and get a refusal when we could have got married legally and filed for CR1.

Also, I had no pictures of myself with any girl on any social sites and I was last active in 2010 on that social site, it said on the page. I just had few girls in the friend list.

Is this relative common to both of you? This could have tipped off the CO into thinking "aha - sham!". Even though in India, this would be a normal way on how you find a spouse for many families....

Here's the deal - nothing I see [not that I'm a CO, just have spent years looking at problem cases here on VJ typically dealing with India as well as spending darn near a year in Delhi fighting with the consulate to get my husband here - watching 10-20 interviews a day each day I sat in the Delhi consulate waiting to talk with a CO about our case, etc,etc,etc] would have gotten you a refusal had you interviewed in India. Water under the bridge...you can't get this horse back in the barn as they say.

Anyway, onward and upward - going for the CR-1 is a good idea in your case. You'll want to marry legally and then formally withdraw your K1 petition. This is done by writing to the USCIS center that originally approved your petition [and is currently waiting to receive your returned petition].

If by absolute dumb luck, you get reaffirmed before the marriage [which it sounds like you are aiming to get done ASAP], still go ahead and withdraw the petition as soon as your marriage is formalized. Having a reaffirmed petition will only bolster the validity of your relationship. In general, having USCIS come back and tell the embassy "ummm, no, really this petition is fine, re-interview him" short of having crazy proof beyond a shadow of a doubt - signed declarations of paying for a green card with pics to boot - a CO won't re-refuse based on the same issue. USCIS trumps the CO if the CO can't prove their findings with additional evidence the 2nd time around. Or, if you do something completely silly between now and a new interview [commit a crime, lie/misrepresent yourself/etc] that could lead to a second refusal. ***This would be a rare occurrence, but I just wanted to make you aware that if a reaffirmation came through, it would only be to your benefit even if you withdraw the K1 - it would be part of your case history***

I'd also recommend as much face-to-face time as possible. Again, you're at a random disadvantage being in a traditional relationship set up and going through a consulate that isn't used to seeing that. From the "western" perspective an arranged marriage can seem like a business agreement/transaction and in the eyes of a CO not familiar with how these things are set up that means scam. You'll want to document as much as you can and front load your CR1 petition when you file.

Edited January 4, 2013 by catknit

[upgrade2012 3]

Thanks a lot for your post.

I feel the same, if we would have filed it in India, there would have been more chances of approval.

Anyways moving forward, I have received a letter from the Consulate which reads that "Your case is sent back to USCIS for further investigation and adjudication as the officer determines that you have failed to show clear relationship between you and the petitioner".

My fiancee called USCIS in California and they said that decision on your case is still not made and we will let you know as soon as we make any decision. It can take upto 120 days for the reviewing process.

We were planning to get married in February but now I am confused if we should wait or just get married and file CR1.

[catknit 144]

Thanks a lot for your post.

I feel the same, if we would have filed it in India, there would have been more chances of approval.

Anyways moving forward, I have received a letter from the Consulate which reads that "Your case is sent back to USCIS for further investigation and adjudication as the officer determines that you have failed to show clear relationship between you and the petitioner".

My fiancee called USCIS in California and they said that decision on your case is still not made and we will let you know as soon as we make any decision. It can take upto 120 days for the reviewing process.

We were planning to get married in February but now I am confused if we should wait or just get married and file CR1.

"...failed to show a clear relationship between you and the petitioner". That puts the CO square into my second camp - no clue about arranged/traditional marriages.

Historically, CSC expires out returned K1 petitions. It usually took a few months and the petitioner would get a letter stating that the cased was closed due to the expiration date and that you are free to file a new case. I'd do a couple searches here at vj and see if you can come across any topics confirming that CSC is still expiring out returned K1s just for your own interest.

Because you are marrying, your K1 will be dead regardless. The act of marrying makes that petition completely moot.

Going forward, you would then start a brand new case [CR-1]. Your fiancee should send a letter to CSC stating you are withdrawing the K1 petition due to your marriage- yes, they will probably close it anyway [and send a letter stating so] but you want to make sure that you have covered your bases and are not setting up any questions as to your status [fiance vs spouse] especially since you are marrying in February. You should front-load the CR-1 petition [again, search here so that you can see examples of front loading].

I'm sure you are conflicted about waiting out to see what CSC says and you know that you are setting yourself us for another 9+ month wait with the new petition. I wish I could tell you what makes the most sense or EXACTLY what will happen. But, like so much of this process, it is a ####### shoot. I can reiterate that most of the time CSC has expired out the cases. If you wait to see if the letter comes in, you've just lost possibly a couple of months of time your new petition could have spent working its way through the system. If you don't wait, marry, withdraw the K1, open a new case - and boom, in comes a re-affirmation - I know you'll then think "gah - I just did all of this for nothing!". The only reassurance I can give you with respect to going ahead with the marriage in February is that the CR-1 is a much easier path once you get to the US - no adjusting status, no waiting to travel, no waiting to find work and less fees [AOS from K1 is $1070].