I129F PETITION approved but visa denied at the interview!!!!

[Ricky775 0]

Hello everyone I really need your guyz help. I was married to this girl from India in 2006 and i applied I 129f visa and got approved within 6 month and she was here but we just couldn't work it out so we ended up getting divorce in 2007!!! I decided to not rush so i waited for while and met this girl threw one of my family friend and we start talking and i went to India for my friends wedding in December 2011 after the wedding i met my girl we been talking to each other for about 2 yr!!! And we got engaged and i return to USA and applied 129f in may 2012 and got approved by nov 15 2012!!! just 2 months after my fiance got the packet 3 and 4 in the mail and she got her interview date!!!! That's when everything turn upside down she GOT DENIED!!!! and the reason was "section 221g" INA 212(a)(5)(a):9 fam 40.in invalid immigrant visa or fiance petition... Please help someone what do i need to do from here!!!

[F & R 0]

first of all, where was your first marriage? because you said you were married and applied for 129f petition. When your second fiancee went to the interview, what kind of questions did they ask her? or did they just denied her at the spot? since they denied her for invalid immigrant fiance petition, to me it looks like, they assume you guys were already married. so, from that point of view, she is not eligible for fiancee visa.

[karola 2]

getting the NIV is when ---

If applicant lacking documents or either

general or specific intent as mentioned, can be

denied visa under two grounds of the INA:

 221(g)—generally, documents are lacking, or just

not enough information in general to make a

decision.

what did your fiance bring to the Embassy...all of the required docs?

[karola 2]

was she in the US before and got into some kinda trouble? was she removed from the states or something like that in the past ?

[Penguin_ie 5,996]

How many times have you and your new fiance met?

What sort of evidence of bonafide relationship did you present with the petition and what did she bring to interview?

Are you in any way related? Are you of different casts/ classes/ religions? Do your parents approve?

[Ricky775 0]

How many times have you and your new fiance met?

What sort of evidence of bonafide relationship did you present with the petition and what did she bring to interview?

Are you in any way related? Are you of different casts/ classes/ religions? Do your parents approve?

My first wife came to US under 129f fiance and we got married here in Nevada!!! and then we got divorce within 1yr.. so last yr i applied for my 2nd fiance under the 129f petition.... At the interview he asked 4 question!! 1st- how did you met your fiancee 2nd- he asked about my previous marriage and y didn't worked out!! 3rd is your fiancee here with you 4th why he isn't here with you!!! after almost 2hr in interview going back and worth with his superior!!!!

first of all, where was your first marriage? because you said you were married and applied for 129f petition. When your second fiancee went to the interview, what kind of questions did they ask her? or did they just denied her at the spot? since they denied her for invalid immigrant fiance petition, to me it looks like, they assume you guys were already married. so, from that point of view, she is not eligible for fiancee visa.

My first wife came to US under 129f fiance and we got married here in Nevada!!! and then we got divorce within 1yr.. so last yr i applied for my 2nd fiance under the 129f petition.... At the interview he asked 4 question!! 1st- how did you met your fiancee 2nd- he asked about my previous marriage and y didn't worked out!! 3rd is your fiancee here with you 4th why he isn't here with you!!! after almost 2hr in interview going back and worth with his superior!!!!

[Ricky775 0]

getting the NIV is when ---

If applicant lacking documents or either

general or specific intent as mentioned, can be

denied visa under two grounds of the INA:

 221(g)—generally, documents are lacking, or just

not enough information in general to make a

decision.

what did your fiance bring to the Embassy...all of the required docs?

[/quot

All the doc was fine she took more then enough with enough proof of relationship to back it up!!!

[karola 2]

damn... maybe its because ur last marriage???

[Gary and Alla 3,694]

Hello everyone I really need your guyz help. I was married to this girl from India in 2006 and i applied I 129f visa and got approved within 6 month and she was here but we just couldn't work it out so we ended up getting divorce in 2007!!! I decided to not rush so i waited for while and met this girl threw one of my family friend and we start talking and i went to India for my friends wedding in December 2011 after the wedding i met my girl we been talking to each other for about 2 yr!!! And we got engaged and i return to USA and applied 129f in may 2012 and got approved by nov 15 2012!!! just 2 months after my fiance got the packet 3 and 4 in the mail and she got her interview date!!!! That's when everything turn upside down she GOT DENIED!!!! and the reason was "section 221g" INA 212(a)(5)(a):9 fam 40.in invalid immigrant visa or fiance petition... Please help someone what do i need to do from here!!!

It will be sent back to USCIS for review. USCIS will reaffirm it and send it back to the consulate for another interview OR will determine that it was approved in error and give you the reason why.

Correct the reason and re-file if that is the case.

[destiny64 222]

It will be sent back to USCIS for review. USCIS will reaffirm it and send it back to the consulate for another interview OR will determine that it was approved in error and give you the reason why.

Correct the reason and re-file if that is the case.

The representative from Leahy's office was told returned k-1 petitions are considered closed cases at VSC, I waited for a year after I received a letter from USCIS to wait while it was being reviewed. So, that was one whole year down the tube of waiting and wondering for something that wasn't going to happen. So from my experience its better to find out the reason in his case and refile.

Maybe this is something that should be complained to an ombudsman about for future petitioners, they shouldn't say its being reviewed if its a closed case!! In fact , that was in 2010 and you know what? Its still showing as under review. LOL I called and spoke to USCIS about it and even sent a letter to remove it, but alas its still there . I could probably check 20yrs from now and it still will be under review. It's sad to think many people wait for a long time for this review when it just isn't going to happen.

Do you think getting an ombudsman involved to have them stop telling people its in review when its never going to be?

[karola 2]

so how can he find out the reson they didnt tell her... right?

[destiny64 222]

His wife can call nvc and ask or file foia for consulate notes

[catknit 144]

It will be sent back to USCIS for review. USCIS will reaffirm it and send it back to the consulate for another interview OR will determine that it was approved in error and give you the reason why.

Correct the reason and re-file if that is the case.

The representative from Leahy's office was told returned k-1 petitions are considered closed cases at VSC, I waited for a year after I received a letter from USCIS to wait while it was being reviewed. So, that was one whole year down the tube of waiting and wondering for something that wasn't going to happen. So from my experience its better to find out the reason in his case and refile.

Maybe this is something that should be complained to an ombudsman about for future petitioners, they shouldn't say its being reviewed if its a closed case!! In fact , that was in 2010 and you know what? Its still showing as under review. LOL I called and spoke to USCIS about it and even sent a letter to remove it, but alas its still there . I could probably check 20yrs from now and it still will be under review. It's sad to think many people wait for a long time for this review when it just isn't going to happen.

Do you think getting an ombudsman involved to have them stop telling people its in review when its never going to be?

The procedure may be to readjudicate returned cases but this is hardly ever the case as destiny64 has stated. At least with CSC, they have historically sent out notices claiming the cases to be expired and that the petitioner was able to refile. VSC appears to readjudicate in fits and starts that don't seem to have any rhyme or reason. CR1/IR1 do get readjudicated in a timely fashion from research here on vj.

To the OP: Delhi can be a tough consulate. My #1 piece of advice to anyone going through Delhi is to have the petitioner at the interview. Sadly, they see a lot of fraud cases walk thru their doors. The fact of the matter is you have a divorce under your belt [red flag #1], you already sponsored one woman as a fiancee to the US [red flag #2], and it appears you had 1 trip 2 years ago for the engagement [red flag #3]. The consulate does not care that it is expensive to travel to India nor do they care that getting time off from work can be hard, etc, etc, etc. Delhi likes to see face-to-face time. They also like to see traditions being upheld [formal engagement parties, bangles on wives, mehendi ceremony pics, etc etc etc]. 2 years with no visit was probably the final nail in the coffin.

What you can do going forward - you can wait and see if you get re-adjudicated. It could happen. Heck, it happened to us in 2010 - but that was the last time I saw someone from Delhi with a returned K1/221(g) get a re-affirmation [there were about 5 of us who were all re-affirmed the same day]. You could wait it out and use your congressperson/Senators' liaisons to see where your case stands. It may be in your best interest to go ahead with the marriage, withdraw your K1 [just a letter to the service center unless CSC sent you a letter that stated the case was expired out], and start on the CR-1 path.

[nnandrr 1]

did your ex wife return back to india immediately after the divorce ? did she follow exactly the immigeration laws?

[Ebunoluwa 6,136]

Hello everyone I really need your guyz help. I was married to this girl from India in 2006 and i applied I 129f visa and got approved within 6 month and she was here but we just couldn't work it out so we ended up getting divorce in 2007!!! I decided to not rush so i waited for while and met this girl threw one of my family friend and we start talking and i went to India for my friends wedding in December 2011 after the wedding i met my girl we been talking to each other for about 2 yr!!! And we got engaged and i return to USA and applied 129f in may 2012 and got approved by nov 15 2012!!! just 2 months after my fiance got the packet 3 and 4 in the mail and she got her interview date!!!! That's when everything turn upside down she GOT DENIED!!!! and the reason was "section 221g" INA 212(a)(5)(a):9 fam 40.in invalid immigrant visa or fiance petition... Please help someone what do i need to do from here!!!

The 212(a)(5)(a) is used in India as refusal to issue a visa due to their belief that no grounds of relationship validity

exists.

It is a marker in regards to labor certification but used for refusals at your embassy.

CSC no longer reaffirms returned K1 cases.

You need to overcome the reason why they don't consider your relationship valid then you can can refile the K1 which will

perhaps result in another denial or you can marry and file a I-130. Those are your only options.

Helpful link :

http://www.visajourney.com/forums/topic/300963-k1-visa-refused-under-section-212-a5a-for-invalid-petition/page__st__15