K1 denial

[Lha 2]

Hai everyone, my fiancé k1 visa was denied under 212 (a)(5). I am lost n broken. I don't know what to do. What's my next step and what should I do now? Help me please:(

[Hershey888 5]

Hai everyone, my fiancé k1 visa was denied under 212 (a)(5). I am lost n broken. I don't know what to do. What's my next step and what should I do now? Help me please:(

Does ur fiance have any health problems?

[QueenOfBlades 224]

Yeah, all I can find on that is health problems.. Did they say anything at the interview?

[VanessaTony 3,567]

Hai everyone, my fiancé k1 visa was denied under 212 (a)(5). I am lost n broken. I don't know what to do. What's my next step and what should I do now? Help me please:(

Are you sure that was the code? Searches online show it is "labor certification" but other posts list it as a "non-petitionable relationship" so basically, they don't believe your relationship is real.

Options are to re-file, wait for it to be returned and hope it gets reaffirmed so you are interviewed again, or get married and file a spousal visa.

[Deep2009 18]

Hey

If you are still in relationship....go ahead and get married and file I130 for him/her.

You are USC, you need to go to Delhi Embassy "American citizen Services" and ask for "NOC of USC getting married to Indian Citizen"

You are getting married to your finance and you know his/her name and DOB and him/her father's name...

Please make sure that you are providing that info while getting NOC from Embassy in Delhi.

They will know what you are asking and they will give it to you.

Good luck.

Edited February 20, 2013 by Deep2009

[AKSinghSingh79 143]

Hey

If you are still in relationship....go ahead and get married and file I130 for him/her.

You are USC, you need to go to Delhi Embassy "American citizen Services" and ask for "NOC of USC getting married to Indian Citizen"

You are getting married to your finance and you know his/her name and DOB and him/her father's name...

Please make sure that you are providing that info while getting NOC from Embassy in Delhi.

They will know what you are asking and they will give it to you.

Good luck.

Getting married won't automatically alleviate their original problems. They need to find out why they were denied and work on correcting those issues.

OP, you need to find out why your fiance was denied. Does the CO believe that your relationship was for immigration purposes? Did you fail to provide enough evidence of a bonafide relationship? Once you know this information, we can better provide you with useful advice on how to move forward.

[Lha 2]

My fiance didn't have any health problems. As his(my fiance) first cousin passes away month before our engagement so we kept our engagement ceremony simple we didn't invite any outside people we did it in front of his family members. CO asked him just few questions about the engagement and main question was why there is only few people and he explained all these as per our tradition we kept it simple to respect the departed soul. furthermore his parents told us to shun Grand celebration if festivals and marriage for at least a year as per our tradition. That's all.

I am completely lost and don't know what to do next. Please help me what's next step to move forward.

[Cali420 0]

Have a child with him/her will so,ve your issue

[Ismail+Cassie 36]

Have a child with him/her will so,ve your issue

No not always.. haha.

It seems for you guys, you need to go visit your fiance and stay for a while and take lots of pics. Stay as long as possible and also try to visit more times if you can. THats if you want to re petition for a k1.

Otherwise you can get married and go for the spousal visa. But I dont know why everyone jumps to that. It really isnt as easy as it seems. If you just get married and apply after a month just after getting denied a k1 visa it may not look good. Anyone could do that, yes it shows a bit more like a real relationship but Im just saying ..

Also its not just that..I mean they want houses in both of your names, joint bank accounts in your names, bills, cars, insurance and such in your names, wedding pics(can be a hassle if your just applying quickly ASAP and want to apply before a big wedding is planned) and the list goes on. Im not trying to give this poster negative thoughts, I just want to talking openly. Ive also been reading up on it in case (God forbid) I get denied our visa. It would be hard for us to get that kind of proof besides the wedding cuz in his country no one does that stuff(like putting the house in more then on person names, or bills and they dont even have insurance like us). So think it through cuz sometimes it can actually be a better idea to reapply for k1 after a few more visits and more proof ))))

[catknit 144]

Was this Delhi or Mumbai? Were you given the chance to provide additional relationship proofs through a 221(g) after the interview?

Is this a love marriage or arranged marriage? Are you a naturalized USC? If so, how did you get your citizenship?

How many times did you visit him? Going on a single trip to India and having a small engagement ceremony when a CO knows that is NOT typical for your area, class, caste, etc will send up red flags.

How long ago did the cousin pass away as of now???? Are you out of the 1 year of no celebrations??? If this is a cut and dry case of the CO seeing your relationship as one of "convenience" [sham for a green card or just too business-like] - going ahead with the marriage may be a very valid next step. But, the COs are VERY aware of what is traditionally expected and done. If you are out of the 1-year mourning window, the expectation will be to have a "regular"/"grand"/"formal" marriage for your area/class/caste. If you are not out of the year mourning period and you go ahead and do all the "grand" things, you may be caught contradicting yourself from the first interview - that is a road you do NOT want to go down if you can avoid it.

[Sarah Elle-Même 660]

Have a child with him/her will so,ve your issue

I think you enjoy giving really bad advice. Seems it's a pattern.

[Cathi 5,754]

No not always.. haha.

It seems for you guys, you need to go visit your fiance and stay for a while and take lots of pics. Stay as long as possible and also try to visit more times if you can. THats if you want to re petition for a k1.

Otherwise you can get married and go for the spousal visa. But I dont know why everyone jumps to that. It really isnt as easy as it seems. If you just get married and apply after a month just after getting denied a k1 visa it may not look good. Anyone could do that, yes it shows a bit more like a real relationship but Im just saying ..

Also its not just that..I mean they want houses in both of your names, joint bank accounts in your names, bills, cars, insurance and such in your names, wedding pics(can be a hassle if your just applying quickly ASAP and want to apply before a big wedding is planned) and the list goes on. Im not trying to give this poster negative thoughts, I just want to talking openly. Ive also been reading up on it in case (God forbid) I get denied our visa. It would be hard for us to get that kind of proof besides the wedding cuz in his country no one does that stuff(like putting the house in more then on person names, or bills and they dont even have insurance like us). So think it through cuz sometimes it can actually be a better idea to reapply for k1 after a few more visits and more proof ))))

The first option is best if they don;t believe there is a legitimate relationship, spend more time together.

What everyone doesn't seem to understand about the second option is that getting married will not fix the reason they were denied in the first place. If they run off and get married it won't solve the problem. Several times on this site I have seen people denied a K-1, get married and they are subsequently denied CR1 because they seem to think a CR1 has to be approved merely because 2 people are married, that is not the case. In fact a very close friend of mine this happened to, they were denied a K-1 and they thought the way to overcome that was to get married and file an i-130 for CR1, they were in total shock when their CR1 was denied as well.The OP needs to find out the reason for denial ans start there. If the CO didn't believe there was a bona fide relationship the only way to remedy that is to spend more time together.

To the OP, I am very sorry for your denial, but the first thing you need to do is have a conversation with your fiance' to find out if the CO gave an exact reason for denial. Seems to me they didn't think your relationship is legit. If that is the case you need to spend more face time with your fiance, time spent together is really the only way to overcome a denial like this. If after spending more time together you decide to get married at least you have more face to face time. Going to India, marrying right away and returning to the US right after the marriage will look suspect. Good luck and keep us updated!!!

[catknit 144]

There is no harm in face to face time but in India if the OP had a traditional arranged marriage it will not necessarily help. Arranged marriages are, in essence, business transactions [i don't mean that with a negative connotation in the least - there are some very happy and content arranged couples]. But, the reality is at the end of the day, for some young Indians, there comes a day when the prospective bride/groom gets a parade of potential suitors based on caste, class, education, dowry-ability, immigration status within some "1st world" nations, and astrological charts. Just google Indian matrimonials - you could spend HOURS reading them and think at the end "How is this different from trying to buy a house, a car, etc, etc, etc?".

If this is a love marriage - then they need to have significant face to face time - without a doubt.

Anyway - my point - if the OP is in a traditional arranged marriage the red flag here is not having a "traditional" engagement. It could look like his or her family was "hiding" the engagement by not having the whole grand thing. [Then the CO's mind starts turning - why would they hide the engagement? Is this merely a pay-for-green-card scheme? Will we see both these people in 5 years with "new" spouses? blah, blah, blah]. They had a legit claim if a cousin had just passed to not go all out - but that's really besides the point because once again an Indian consulate is holding up the known-tradition as the gold standard [which in some circles is to go ALL out - hundreds of people, formal portraits, 2-3 days worth of events, etc]. And, honestly, I can't easily blame the COs of going with a gut-feel "something isn't right here" feeling. Within such a large population there are so, so, so many micro-populations with a whole range of "traditions". If you go back and look at all the different people who've had problems with the Indian consulates, some are based of the COs trying to place the wrong tradition on the wrong population [mistaking an engagement ceremony for a wedding, questioning the lack of bangles on a married woman, speaking to people from some areas with dialects that don't match their dialect]. And, with time, usually the case resolves - maybe with a NOIR/NOID or with a new case - but usually, it gets resolved.

What concerns me the most about the original post is that they have been tagged with the 212(a)(5) and not just a return based on a 221(g). That's why I'm curious if the OP naturalized and if so, how.

To have a case that can be re-adjudicated predictably, they need to be on the I130 bandwagon. Yes, SOP may claim that K1s can be re-adjudicated but it doesn't happen with any known regularity. CR1/IR1s on the other handle seem to get attention at the service centers and one can at least get a NOIR/NOID to respond to. So, in the case that this is a true arranged marriage and not a love marriage, even with the fraud issue, if this couple wants to continue their journey to the US, marrying makes sense. BUT, if this is a love marriage, the CO obviously feels this is a sham relationship. Time together and marrying would probably make the most sense [the advantages of the CR1 would outweigh going the K1 route again].

[Lha 2]

Do I need to withdraw my k1? I even don't know what's my next step. I am planning to visit my fiancé in few months because he is fully depressed.. I really wants to go as per your kind advice so please guide me what's safe and best way to apply again.

Thank you very much to all of you guys for writing back and it really means a lot to me. Thanks again.

[bigdog 376]

Review what others have done from India to file for K-1. Paper and interview need to go together, if the interview was the deal killer, maybe go and spend some more time together, appeal or refile. Your best advice is from the India forum and those who know the local issues, good luck. I guess an attorney is always available if you can't figure it out.