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K1 denial

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Filed: K-1 Visa Country: Vietnam
Timeline

212(a)(5) is a catch-all. When a consular officer doesn't believe that the relationship is legitimate then they often cite 212(a)(5) because if they've determined the beneficiary isn't eligible for a K1 then a work visa is the only category left they could apply for, and citing 212(a)(5) indicates they don't have the appropriate labor certification for a work visa. It may seem an odd way to do it, but the consular officer needs to cite a specific class of inadmissibility when they deny a visa, and there isn't a specific class of inadmissibility for when the consular officer uses their discretion to determine that a relationship isn't legitimate.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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  • 4 weeks later...
Filed: K-1 Visa Country: India
Timeline

Hi Everyone. I am new here. I m at the same situation. Got interviewed at new delhi embassy a week ago. got denied on the basis of no real relationship. What to do now? My fiance jus came once to meet me. Stayed here for 2 months last year(Feb -march ). Could't do engagement ceremony because of his mother's sister death. Had a small get together at my place called ROKA. CO asked me to show him more pictures which i did not hav. N then asked me about the no. of people at my engagemnt n told him jus first relatives. Then he asked me why did not he come back to india, I gave a stupid answer to dis ques that he works there n he does not live in india. where as i could have told him that my fiance's mother is here from last six months because she got her surgry done and he cant come until his mom goes back and even we were planning to go together. What should we do now. I need help.

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