Confused... denied

[catknit 144]

Like sara said - Delhi can be a pain...they are hyper-sensitive about possible fraud.

You need to find out what, if anything, your fiance was given at the end of the interview. Chances are he received a sheet explaining that he was denied based on a 221 or a 212. Both mean roughly the same thing - the CO didn't believe your relationship. Look at this as just a speed bump! [if it is anything other than those two things - please let us know!]

Delhi likes to see more than one meeting, they don't really like internet romances.

Historically, Delhi has allowed the USC to attend the interviews. Unless there has been a change in the last couple of months, I would make every effort to be at the next interview...

So - what happens next: Your case will be returned to the service that approved it. USCIS can do one of a few things - let the case expire or re-adjudicate the case. If the case is re-adjudicated you can get a re-affirmation [meaning USCIS finds you to have a legit relationship and for him to be re-interviewed] or a NOIR/NOID [Notice order with intent to revoke or deny]. You will be able to fight the findings of the NOIR/NOID within 30 days. Here's the thing though - start researching here on vj and you'll see time and again that USCIS usually expires out the K1s. Getting a NOIR/NOID or reaffirmation is kinda rare. You can work with your Senators and Congressperson to try and see what's happening with the case - they may be able to get you a little more info but they can not force another interview or change a decision.

In many cases, especially with Delhi, it appears that continuing the relationship and marrying helps eliminate the doubts that cause these denials. That said, this is not a cure-all fix. If there were major red flags [namely huge age differences or cultural/educational/class differences - however that doesn't seem to be your issue] marrying will not help. You must fix whatever issue led to the denial in order for a future case to be approved.

Now - this is where it may get messy - I haven't a clue how you two can get married. Well, I have a clue - I just bet it will be super messy. He's there as a refugee or asylum seeker? Or, is he there on business? I'd guess [just a guess] you two could marry under the Special Marriage Act but again with neither of you being Indian be prepared to pay "fees" of all types. Costly "fees" as you're a USC. In your shoes, I'd research destination wedding providers in Goa or another touristy area - the fees may be big but they will actually know what to do. Make sure you again have lots of documentation of your trip and wedding. Then file again but for a CR-1 highlighting what was lacking in your first petition/case. Research front-loading here on vj. This practice should help your case...Best of luck!

[Andrea&Henry 311]

I agree with one of the members who said the embassies that are considerate like High fraud, need more than just 1 visit. Irak like other middle east/ african embassy are super super hard. I've seen people with 3 visits and still gets a denial. From my perspective, you did a great job with your proof of bonafide relationship (you had a lot of things and variety) but the main thing and I think that jeopardized your case, is that 1 and only visit.

[PrincessHalo 7]

thanks for all the support everyone.

we are still trying to decicde whats the best way to move forward. not really sure what all the options are / are not. we really want to go through Iraq embassy now, now that hes done with school and doesnt need to be in India any longer. He said the Iraqi embassy might have understood better us meeting in Jordan, that its better (safer for me) to go to a more mellow place, and that meeting outside the country wouldnt seem so wierd. we are trying to decide where to meet next.

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the interview said sorry i cant give you the visa this time because the proofs of relationship are not convincing. and you have filed the wrong petition.

he asked, did you look at the proofs i gave sir? he said yes, and for your case we looked extra hard.

so im not sure what was the wrong petition, but it seems the interviewer concluded a double negative on this.

Edited July 2, 2013 by PrincessHalo

[Darnell 8,478]

yikes. ok.

you have 3 options now.

1. file new I-129F after another visit in india, have all proofs with the initial I-129F submittal, withdraw the current I-129F after receiving receipt notice. or

2. wait for the I-129F to wind it's way back into the USA, hope/pray there will be a rebuttal process. or

3. get married , file I-130

[Morningmist 76]

India isn't exactly a war zone so I think I understand the embassy's problem with you not meeting him there. Not meeting in Iraq is one thing, but there is no war in India, so meeting him in Jordon while meeting a friend sounds like an arrangement rather than you two being serious about your relationship. From a bystander's perspective and people who have actually lived in India, it would probably make no sense for someone not to go to India to meet a person they seem to want to spend the rest of their lives with.

Getting married in India when you aren't Indian citizens is silly though. It's a pain in the neck and I didn't do it either.

[Morningmist 76]

it also sounds like he might be married too from what they have written on the form. Are you SURE he isn't married already? Muslims are allowed to have more than one wife even in India.

[Carie_Azan 35]

Wow...first of all, I am SO very sorry you are going through this. this is my WORST nightmare. having a fiance from Pakistan, living and working in the UAE ( Abu Dhabi) this kind of hits hard. I pray that you find a resolution. Message me if you want to chat.

[Cathi 5,748]

You state that you wished the interview could have been done in his home country of Iraq, well, interviews for Iraq do not take place in Iraq as the US embassy there is closed, they are done in Amman, they have been for a long time(not sure why you wouldn't know this if you did your homework). Meeting only once is a BIG red flag for a male beneficiary from any MENA country, and being different religions is a red flag, as well. Marrying a Christian or Jew is allowed for Muslim men, but it isn't the cultural norm. Also, approval of the family is really big in his culture, and the consulates know this. Did you send any evidence of his family supporting your relationship and the marriage in the US? The interview and evidence for a MENA country should go well beyond just proving that you met and that you speak every day. Family approval and involvement plays a BIG part.

You need to do some homework on what the cultural norms are for his country, and also some more homework about the entire process. You weren't even aware that interviews for Irag are held in Amman. You need to spend more time with him, preferably with his family as well. You have 3 choices, wait for the petition to be sent back to USCIS for further review, where it will most likely expire and be dead in the water, File another I129f petition, but only after you have met him again and spent some face time, preferably with his family as well. Or meet again and get married and file an I130 petition for spouse. Just know that if you go the marriage route, it does not equal an automatic approval, you need to address the reasons for the denial. You have a long road ahead of you, no matter which way you choose to go, just be prepared for that. I wish you the best, and if you have any questions feel free to ask. My husband is from Jordan, and I attended his interview with him in Amman a year ago.

[Bugs 455]

Iraqi, Muslim, in India, mixed marriage, only meeting once, USC not on premises. Those are my guesses. New Delhi sounds like one of those strict consulates.

[Operator 1,927]

the interview said sorry i cant give you the visa this time because the proofs of relationship are not convincing. and you have filed the wrong petition.

he asked, did you look at the proofs i gave sir? he said yes, and for your case we looked extra hard.

so im not sure what was the wrong petition, but it seems the interviewer concluded a double negative on this.

Why do you think the the CO told him that you filed the wrong petition?

[Andrea&Henry 311]

Was he previously marriage? My english is far from being perfect but for what I read in your letter, say something about not been free to marriage? Somebody correct me please

[Andrea&Henry 311]

You state that you wished the interview could have been done in his home country of Iraq, well, interviews for Iraq do not take place in Iraq as the US embassy there is closed, they are done in Amman, they have been for a long time(not sure why you wouldn't know this if you did your homework). Meeting only once is a BIG red flag for a male beneficiary from any MENA country, and being different religions is a red flag, as well. Marrying a Christian or Jew is allowed for Muslim men, but it isn't the cultural norm. Also, approval of the family is really big in his culture, and the consulates know this. Did you send any evidence of his family supporting your relationship and the marriage in the US? The interview and evidence for a MENA country should go well beyond just proving that you met and that you speak every day. Family approval and involvement plays a BIG part.

You need to do some homework on what the cultural norms are for his country, and also some more homework about the entire process. You weren't even aware that interviews for Irag are held in Amman. You need to spend more time with him, preferably with his family as well. You have 3 choices, wait for the petition to be sent back to USCIS for further review, where it will most likely expire and be dead in the water, File another I129f petition, but only after you have met him again and spent some face time, preferably with his family as well. Or meet again and get married and file an I130 petition for spouse. Just know that if you go the marriage route, it does not equal an automatic approval, you need to address the reasons for the denial. You have a long road ahead of you, no matter which way you choose to go, just be prepared for that. I wish you the best, and if you have any questions feel free to ask. My husband is from Jordan, and I attended his interview with him in Amman a year ago.

you have a huge point a that's maybe the reason of his denial.

[PrincessHalo 7]

my fiance did do a lot of comparing to Iraqi consulate procedures and requirements, but we focused our efforts and attention on India. However all our research indicates that interviews are infact in Baghdad, not Jordan, as all their visa forms instruct to show up to the tower/greenzone in Baghdad to take a shuttle buss to the counsulate for the interview. So to say we didnt do our homework isnt fair. We worked hard to collect and validate and attest our evidences, just as im sure all of you have done with us.

its good to see your responses, being in a deep relationship we know how we feel and forget the view from the out side in. I am hoping we can process an appeal and change embassy, that would be ideal, however i see filing all over again might have to happen as well. Im still feeling a little lost what direction to go.

[PrincessHalo 7]

no, neither of us were married before. being married is not the reason for the check box, its one of them, but it doesnt mean that it is all of them. its a broad check box

it can mean one or more:

-wrong legal document filed

-failed to convince relationship with proofs

-suspicion of immigrating not for marriage

-married still

i think he was checked the box for the first 2-3 reasons listed, but definitely not the last one. I am confident in this.

Edited July 2, 2013 by PrincessHalo

[Bugs 455]

What forms did you submit?