K-1 visa denied under Sec 212 A 5a

[duraaraa 203]

I called the embassy but the operator couldn't get me anyone involved in the case . I sent them an email. This morning i receive the following reply. I really dont understand what it means.ie; the case of applicant and is still in the process of being reviewed...?????

Case Reason: Hold case/221 G & Refusals/214B

Public Response: Dear Applicant,

Thank you for writing to the U.S. Visa Service Desk.

With regards to your query, the case of applicant has already been escalated and is still in the process of being reviewed. We will contact you as soon as we recieve a response, alternatively, you may contact us again at a later date.

For your reference:Case-xxxxxxxxxxxxxxxxxxx

We hope this answers your queries.

Have a pleasant day!

Yours sincerely,

U.S. Visa Service Desk

You should contact them again and ask what that means.

[Ebunoluwa 6,136]

You can get a senator or congressman to inquire about a second interview for you, but it must be fast.

[aanu 7]

I called the embassy but the operator couldn't get me anyone involved in the case . I sent them an email. This morning i receive the following reply. I really dont understand what it means.ie; the case of applicant and is still in the process of being reviewed...?????

Case Reason: Hold case/221 G & Refusals/214B

Public Response: Dear Applicant,

Thank you for writing to the U.S. Visa Service Desk.

With regards to your query, the case of applicant has already been escalated and is still in the process of being reviewed. We will contact you as soon as we recieve a response, alternatively, you may contact us again at a later date.

For your reference:Case-xxxxxxxxxxxxxxxxxxx

We hope this answers your queries.

Have a pleasant day!

Yours sincerely,

U.S. Visa Service Desk

Hi Friend, Don't loose heart try again and again until you get success. vfs has given your e-mail a case no.(vfs gives every e-mail a case no.) and its your e-mail which has been escalated and is still in the process of being reviewed. it means the embassy will read your e-mail of request and vfs people will only reply when they will get any reply from the embassy.and you will get different case no. with each e-mail which you will send to Vfs.

Edited March 21, 2013 by aanu

[ntb 0]

Thank you for your advice. I spoke with a lawyer who has given me three options.

1 wait for the reply and fight it. Can take anywhere from 6 to 12 months. And could still be denied

2 file another k1 app and start it all over again

3 withdraw the k1 and get married and file which he mentioned was the best option.

However I'll call the consulate again tonight and try to get precise reasons why the visa was denied

[rascalcat 28]

If all else fails with your current k-1 petition, then get married! If you have to submit a k-1 application again then you might as well just go ahead with the marriage visa instead. You will probably have better luck in this route.

[Moomin 292]

I'll throw in a little wildcard here.

I agree with another poster that you have to overcome any red flags regardless of the situation. However, if you already know for sure that you were denied because they thought you were already married, that's another story. Basically the only way of proving that you aren't married is by getting legally married. Which makes you ineligible for the i129f/K1 visa.

I'm not saying to jump the gun because you'd then have to file a new petition(spousal petition) and if you can avoid the wait and turn the situation to your benefit, go-go-go. But please keep it in the back of your mind that they don't have a specific section to check off "we believe the couple is already married to each other".

[Cathi 5,771]

OK, the interview was in January, that is 2 months or more ago. That means that most likely the case has already been sent back to USCIS, and the chances of a second interview at the consulate aren't very good. I think that all of the other posters who told you to try to get another interview, assumed your interview was more recent. Contact the DOS to find out where it is.

[sarsorti 36]

THank u. My fiance received the letter yesterday. I will call them tonight as its morning out there. Hope its not too late.

If it's at all possible and she gets a 2nd interview it would be a huge help if you could go to the interview with her, worst case she is still denied you will be there and can just get married. Good luck and God's blessings to you both.

[aanu 7]

Thank you for your advice. I spoke with a lawyer who has given me three options.

1 wait for the reply and fight it. Can take anywhere from 6 to 12 months. And could still be denied

2 file another k1 app and start it all over again

3 withdraw the k1 and get married and file which he mentioned was the best option.

However I'll call the consulate again tonight and try to get precise reasons why the visa was denied

Hi Friend,

My advise to you is withdraw your K1 (if you see that you are not getting enough response from embassy),Get married and strike back again for Cr1 visa with lots of proofs and evidences.

But try until they send YOU correct information that why they have denied your K1.

I am also struggling for Cr1 and Cr2 visa and my husband is also in Texas

Edited March 22, 2013 by aanu

[ntb 0]

Hello all

Thank you all for your advice. The consulate sent me the following email after my constant phone calls and emails. We have decided to get married. What do i need to do so that my application for the marriage visa to get approved. Its such a drag and i feel that all this was so unfair. My fiance was nervous and intimidated during the interview and now our lives are on hold. Here's the letter from the consulate:

Case Reason: Hold case/221 G & Refusals/214B

Public Response: Based on the information provided by Ms. XXXXXX at the time of her interview, she was determined to be ineligible for a fiancé visa as she could not present sufficient evidence of a credible relationship with the petitioner. Therefore, Ms. XXXXXXX’s petition was returned to the National Visa Center (NVC) Once NVC receives the petition, it will return the petition to the approving office of the United States Citizenship and Immigration Service (USCIS). K-petitions (I-129F), unless they are revalidated by the consular officer, are only valid for four months from the date of USCIS action. When USCIS receives an expired I-129F, they will not look into the basis for the return, but will allow it to remain expired and will not reaffirm or reopen the petition. Please direct all future inquiries regarding this case to the approving USCIS office: www.uscis.gov

[aanu 7]

Hello all

Thank you all for your advice. The consulate sent me the following email after my constant phone calls and emails. We have decided to get married. What do i need to do so that my application for the marriage visa to get approved. Its such a drag and i feel that all this was so unfair. My fiance was nervous and intimidated during the interview and now our lives are on hold. Here's the letter from the consulate:

Case Reason: Hold case/221 G & Refusals/214B

Public Response: Based on the information provided by Ms. XXXXXX at the time of her interview, she was determined to be ineligible for a fiancé visa as she could not present sufficient evidence of a credible relationship with the petitioner. Therefore, Ms. XXXXXXX’s petition was returned to the National Visa Center (NVC) Once NVC receives the petition, it will return the petition to the approving office of the United States Citizenship and Immigration Service (USCIS). K-petitions (I-129F), unless they are revalidated by the consular officer, are only valid for four months from the date of USCIS action. When USCIS receives an expired I-129F, they will not look into the basis for the return, but will allow it to remain expired and will not reaffirm or reopen the petition. Please direct all future inquiries regarding this case to the approving USCIS office: www.uscis.gov

Hi, i can understand you both have struggled much to get visa and it pains much when all efforts fail.One thing i have noticed that your visa case denied cos of your fiance could not present sufficient evidence of a credible relationship

So, go ahead get married and gather as much as evidences which all will prove your relationship genuine.Marriage party, gathering of people, register your marriage, ,boarding passes of visits, affidavits from both the parents and families, Give advertisement of your marriage in news paper if possible with pictures,and many more proofs you can gather and strike back again with CR1 visa.Its well said Patience pains but pays and my advise to you is instead of worrying sit together and make proper plans for your marriage and don't leave any stone to turn down.GOOD LUCK.

[sarsorti 36]

Hello all

Thank you all for your advice. The consulate sent me the following email after my constant phone calls and emails. We have decided to get married. What do i need to do so that my application for the marriage visa to get approved. Its such a drag and i feel that all this was so unfair. My fiance was nervous and intimidated during the interview and now our lives are on hold. Here's the letter from the consulate:

Case Reason: Hold case/221 G & Refusals/214B

Public Response: Based on the information provided by Ms. XXXXXX at the time of her interview, she was determined to be ineligible for a fiancé visa as she could not present sufficient evidence of a credible relationship with the petitioner. Therefore, Ms. XXXXXXX's petition was returned to the National Visa Center (NVC) Once NVC receives the petition, it will return the petition to the approving office of the United States Citizenship and Immigration Service (USCIS). K-petitions (I-129F), unless they are revalidated by the consular officer, are only valid for four months from the date of USCIS action. When USCIS receives an expired I-129F, they will not look into the basis for the return, but will allow it to remain expired and will not reaffirm or reopen the petition. Please direct all future inquiries regarding this case to the approving USCIS office: www.uscis.gov

So sorry........

[miriny 0]

USCIS does not have your case yet, the consulate will send it back for review. Usually when a K1 is denied at the consular level, unless you are able to get a second interview the case will be returned to USCIS and then it will expire. If your love is genuine and you can prove bonafide relationship per your denial then I would say go to India, get marry and submit your I130 petition with lots of proof, like pictures, email, phone logs, just front load your application and once it approve at the USCIS stage, you will go through the NVC stage and yes have another interview.

getting married legally in India has lots of rules..In my case it would mena findins a babysitter for over a month to qualify as far as I know.I have no family here where I live,,Its a nightmare!They denied us based on a seemingly religious bias(she kept asking about his religious practices..making note on our file)Based on the fact I was married before and had 2 kids..."I dont believe you would want o marry a woman who was divorced with 2 ids and 7 years older than you"didnt look at the evidence..just denied

[Ryan H 3,813]

Prior to today, this thread was nearly 8 months old and the OP has not been active for that same amount of time. For those reasons, this thread is now closed.