Denied K-1 - finally got response - says cash and sexual favors demanded in exchange for immigrant petition

[Jarun 1]

OMG I am in total shock - our K-1 Visa was denied in February 2013 by Mumbai Consulate; today received letter from USCIS saying they are administratively closing the petition because validity dates have expired (we expected this) and the action is without prejudice to filing any future petitions or applications. OK fine - but attached is a memo to NVC from Chief, Immigrant Visa Unit Mumbai, which states;.. unusually large age difference , older female younger male, non-Indian etc. . . their fraud investigation revealed that Petitioner made cash payments to Beneficiary and demanded sexual favors in exchange for filing etc. It goes on to say then we provided highly graphic chats as evidence of relationship and made frequent mention of cash payments from Beneficiary to the Petitioner, as well as Petitioner threatening to "rescind" (her) petition" if Beneficiary does not "straighten up'.

None of this is true! The memo indicates both of us paid the other one for sexual favors to get the visa - what?!?!?!?!? I do not see how a government agency can state these things without proof. We obviously did not pay one another, nor did we provide "highly graphic chats" - we had phone logs and some skypes and emails, but nothing of that nature.

We don't know if we can get any other information or should bother, but it is sickening to think this is in the file now tucked away at USCIS, even thought we can file again. Just really upset to see something like this about us in writing from the government!

Just wanted to share that things can get really messed up - they obviously have us mixed up with someone else - just in disbelief!

[moroccogirlny 100]

Sorry to hear this! They can't deny based on age, that's discrimination! I would consult with a lawyer.

[NigeriaorBust 4,087]

They didn't deny based on age they denied based on red flags of being against cultural norms and not over coming the presumption of relation for immigration purposes

[VanessaTony 3,567]

Can you post the memo or type it exactly? Depending on what it actually says I have a few ideas...

Are you sure of what information your fiance provided at the interview? Maybe he provided some chats he shouldn't have? Maybe someone actually sent them in to show your relationship was/is fake?

If this memo is not actually related to you (maybe it was inserted in error? mistakes do happen) then I would get a senator or congressperson involved in having said memo removed from your file because you believe it was inserted in error. If it WASN'T submitted in error and they truly believe it... you may want to submit a FOIA request to see what chats they're talking about.

[Jarun 1]

I don't have a way to post the memo right now, but it has our names, then the beneficiary appeared for interview. Information elicited during this and subsequent post fraud prevention unit revealed Petitioner made cash payments and demanded sexual favors in exchange for filing an immigration petition for the beneficiary. As a result, post requests the petition be revoked.

The beneficiary applied for immigrant visa as fiancé of US citizen. There was an unusually large age difference between the older, female petitioner and the younger male beneficiary, petitioner was not of Indian origin and married before. These facts led Post's Fraud Prevention to prescreen the application for immigration fraud.

During the course of the FPU investigation the Petitioner and the Beneficiary made available many pages of highly graphic chat transcripts as proof of ongoing relationship. These transcripts, however, made frequent mention of cash payments from Beneficiary to the Petitioner, as well as the Petitioner threatening to "rescind (her) petition" if Beneficiary does not "straighten up".

As cash and sexual favors appear to have been promised in exchange for an immigration petition, the Beneficiary is not entitled to K1 visa classification. The preponderance of new evidence, not previously available to USCIS, demonstrates that the petitioner and beneficiary provide misleading material in order to gain an immigration benefit. Therefore, Post is returning the petition to USCIS via the National Visa Center, with a recommendation of revocation under INA 212 (a)(5)(a).

that's it - we did not exchange money with one another nor did we provide chats stating such.

[VanessaTony 3,567]

Is the quote about rescinding the petition correct?

Is there mention of ANY money in the chats? There must be or it wouldn't be mentioned. For example gifts? Discussing monetary concerns for once you're together again?

The "highly graphic" chat's seems to imply that you're talking about your sex life at some point. Are you SURE your fiance didn't submit these chats at interview thinking that it made your relationship look better but he didn't want to tell you 'cause you'd be embarrassed?

[Jarun 1]

No, there was never any mention of rescinding the petition; the chats we sent were about being together, that we love each other, what we did over the weekend, things like that, just a few from the past year prior to filing the petition. Most of the documents were LocalPhone logs. Nothing graphic - no money. At the interview, the CO did say to him that one of us must be paying the other one for this, it was a highly-charged interview, lasting several hours, they accused us of making this all up, that no one could love one another as we profess, etc. We went thru the documents we sent together. We never thought it would come to a memo saying we paid one another for the petition and sexual favors. Gosh, never, ever dreamt that! We already asked for the information via FOIA and were denied; they told us what we were requesting was not under that.

[TBoneTX 45,304]

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

[Boiler 45,525]

[Mel&Lal 12]

Oh wow.......speechless Sorry this happened to y'all.

[Dieseltu 19]

Damn, I'm sorry. Such horse .

[Girl from Celebes 588]

I have no words to say. I really am feel sorry for you and your fiancé(e). I hope some people here can shed a light for your case. Be strong!

[yomi0518 8]

Wow...... Seems like the us embassy are sure on what they talking about they are very explicit on why they denied you visa

[mmwahugz 1]

ask their proof...go to the embassy...

[cahrie99 12]

I'm so sorry this is happening. I hope that you will be able to find out exactly why they have made these claims and get it corrected.