2nd I-129F Petition after 1st Denial - any point in doing that?

[sherryandyashpal 7]

Hi..

Personally speaking.. from my now husband and my experience with New Delhi embassy, I would get married if you are sure this is what you wanna do and file for the Cr-1... I also think its a good idea to find out what was in the consular officers notes as was mentioned before. you can check out my posts from 2011 or email me and I can tell you the hell my husband and I went through for trying to get the k-1, BTW we were finally denied for expiration of petition... but we also have a age difference, interracial but I have known him 3 almost 4years, anyhow.. we have friends on here (VJ)Delhi also, who were denied for your same reasons and they refiled a new k-1 and this time they were approved. Personally if you are going to marry him anyway I would do it now and then find out what the notes say and prepare accordingly as a married couple and go from there, so at last you will be able to commit to the person you love and that will be extra encouraging going back through this process again. I also have a friend from vj who was denied for same reason we were and had age difference and race and the got married in india and prepared according to their situation and were approved ( after 2 weeks AP for name check) also from delhi embassy. I am saying all of this as my opinion and my experience and from people I know BUT obviously EVERY situation is different. I wish you the best in whatever you do!!

Sherry

[Jarun 1]

Would you mind sharing a few more details?

Are you an inter-racial couple? What is the age gap between the two of you?

Are you of different religious backgrounds?

There are several couples on VJ with spouses from India that have managed to overcome an age difference so don't give up!

Simply getting married and re-filing will not alleviate your troubles but Indian consulates in general do tend to be less harsh on married couples. The Indian consulates are particularly harsh on marital status for K-1 couples. They seem to always be looking for evidence of marriage even when the couple is only engaged. I recommend going the CR-1 route for various reasons. A lot of it has to do with local cultural concerns in India. Do you have full family support from both sides? Does your spouse's family still reside in India?

We are not giving up - just deciding what the next step should be. My fiance is Indian, I am not. Yes, we are of different religious backgrounds, although we share same ideology. I am converting to his religion and we will have religious ceremony in India. Age gap, old enough to be his mother. We have family suppport on both sides and my fiance's family resides in India, as does he. So far, it is 50-50 to file petition for K-1 again, or marry in India. We will keep researching before implementing either plan. Thank you for your comments.

[Jarun 1]

Of course they have. Just provide evidence to overcome the impression. Filing another petition would actually help. If it were not genuine you would not do that. If this were fraud your fiance would seek another person to petition him, not you.

I do NOT suggest getting married. If a spousal visa is denied you are STILL married.

We are working on gathering more evidence of relationship. You are right on about if it were not genuine, he would seek another person to petition. He even said don't they understand, if he just wanted the Visa, he certainly would have chosen someone closer in age where there would not be such scrutiny! We, of course, still want to be married, but thought the correct process would be to file the petition for fiance, marry in USA, spend time with family there, then return to India. Makes sense to us, but we are not the US government.

We appreciate the valuable input.