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

[Ebunoluwa 6,136]

File for a FOIA anyway, with USCIS and DOS.

The reasons they cited all sound like assumptions and speculation. You have to overcome the "appear to be...." They said "APPEAR" and that is not solid fact based evidence.

Consult with Marc Ellis or another highly experienced competent attorney who has been successful in overcoming biased refusals.
Even if you decide to marry and file a CR1, consult with an attorney first.

So sorry.

[Ebunoluwa 6,136]

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.

The part I bolded makes no sense at all. You have a right to FOIA, no such thing as " not under that."

You said you did not submit any chats that said what they accused you of. Question : Where there questionable chats or emails

that you exchanged but did not submit ?

Everything can be accessed. Nothing is private that you put out there anymore. They can get their hands on whatever they want

whether you submit it or not.

[c12h22oh 11]

Man .... VERY SORRY FOR THAT !!!

[JRF 117]

The part I bolded makes no sense at all. You have a right to FOIA, no such thing as " not under that."

You said you did not submit any chats that said what they accused you of. Question : Where there questionable chats or emails

that you exchanged but did not submit ?

Everything can be accessed. Nothing is private that you put out there anymore. They can get their hands on whatever they want

whether you submit it or not.

While I don't disagree with filing, not everything is subject to the Federal FOIA. Whether this falls into the excluded categories, not sure. But there are excluded categories.

[bigdog 376]

Good Luck overcoming this.

[Bin deeq 10]

i am very sorry to hear that

[Rich and Wen 101]

Information elicited during this and subsequent post fraud prevention unit revealed...

This is the phrase, that caught my attention. It seems that they became suspicious, did further investigation, and found additional information. Or someone gave them additional information.

OTOH, it could simply be a mistake, your file mixed up with someone else's

Edited September 23, 2013 by Rich and Wen

[Harpa Timsah 13,258]

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).

This says that this information was not sent with the petition, but only at the interview. Do you know what exactly your fiance brought to the interview?

[Ebunoluwa 6,136]

http://www2.gwu.edu/~nsarchiv/nsa/foia/guide.html

1.Attorney.

2.Senator.

3.FOIA.

These are your options. All three are necessary in my opinion.

[Billyk 6]

Sorry to hear that - it is shocking. Hard to believe the people we consider the best who have a separate statue written in terms of dignity and respect can come to the conclusion without solid proves. One thing is sure that the script has been inserted in error and it is classified between DOS and USCIS. As we know the NVC is a private contractor and they are currently well known for their mistakes.

When comes to K-1 Visa it does not establish any statutory relationship it is a provision to get your fiancé to the country to get married. Now you got something you could not have in your hands and hire an attorney he will be more helpful. I never heard DOS or USCIS can reveal such information directly with the applicants/beneficiaries, it could happen in Immigration Courts. When we submit the chat or e-mails then they can access everything from your accounts regardless you submitted or not. Currently I submitted phone bills for my sisters case and I was under the impression they will see calls I made to my sister to establish a genuine relationship but they start calling people of the bills to ask, who are we? when my sister got married? how many kids she have? Can you imagine how many people we call and they might know our family history? Mostly people they called could not even recognize us cause I am here for 23 years and my sister got married 36 yrs ago. Things don't make sense but sorry we can't help, they are doing their job. Again - sorry and it is embarrassing as well.

[Shiobhan 235]

Sorry to hear that, but there was some red flag in the email to indicate alls not well, like telling him to straighten up

regarding payments , mates have to be careful about too many monetary conversation and wire transfers

[DREAMER 64 1]

You need to get a lawyer, just go for a consult to an immigration lawyer and ask if you have any recourse. Sorry this happened to you and I pray you will find a lawyer that can help you with this sitution.

[David & Diana R 1,005]

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!

First off I am sorry this is happening to you. Secondly, are you sure your fiance did not bring additional documents (chat logs, etc) with him to the interview or that he did not submit additional documents at a later date at the embassys request? And lastly, I hope I am wrong but is it possible that your fiance deliberately derailed the application without your knowledge? I hope not but you may have to look into this...

We will be praying for you,

Aloha Ke Akua

[Eliezer y Wendy 13]

Everything can be accessed. Nothing is private that you put out there anymore. They can get their hands on whatever they want

whether you submit it or not.

Wait... are you saying like... they can access my emails and facebooks accounts??? - kind of... dumb... but... How?

[r060106 109]

Everything can be accessed. Nothing is private that you put out there anymore. They can get their hands on whatever they want

whether you submit it or not.

Yeah, really? How do you know this? If that is the case then we might as well all be worried they're going to read through our personal chats and nitpick for things to deny our spouses/fiances. Kind of creepy if you ask me.