Visa Denied - US Consulate Mumbai

[AFT...Ths 1]

Hello,

My fiancé had his interview on Sept 30, 2013. When he finally got to the interview window he was asked a few questions:

What is your fiancé name? Ans. My Name

When did you meet? Ans. 2009

When did you start your romantic relationship? Ans. 2010

When was your fiancee divorce? Ans. 2012, however they have been separated for over 10 years.

What is your fiancée religion? Ans. Christian

What is your religion? Ans. Hindi

The interview walked away briefly, came back, and gave him a piece of paper that basically said our petition was being returned to the USCIS office for review and possible revocation. He did not say why the petition was being returned, however, I guess it has something to do with my divorce becoming final in April 2012 and immediately getting engaged, June 2012. USCIS approved our petition and enclosed in our I-29F application were a copy of my divorce papers.

All of the answers my fiancé gave to the interviewer were true. My now ex-husband and I have been separated for well over 10 years and in fact we have not even lived in the same state for 8+ years. He didn't bother to look at our proof of relationship, he asked no further questions.

I am real upset over this and I just don't know what we need to do next.

Any assistance or advice you could offer would be greatly appreciated.

[cahrie99 12]

awww...I'm so sorry. It certainly does not sound fair. I don't understand why the officers don't take all the evidence into consideration when making 'life changing' decisions for people. I really hope there will be a way to successfully resolve this so that you both can be together!

[AFT...Ths 1]

awww...I'm so sorry. It certainly does not sound fair. I don't understand why the officers don't take all the evidence into consideration when making 'life changing' decisions for people. I really hope there will be a way to successfully resolve this so that you both can be together!

I am hoping that we will at least get to submit proof that I was in fact separated. I just don't understand the system. When we filed we met and still meet all the requirements of a K-1. So disappointed. I don't know how anyone can make that type of decision in 5 minutes. Thank you.

[Harpa Timsah 13,258]

Sorry to hear it. They had made the decision before the interview, based on what information you sent them. What did you send? How often have you seen eachother? Even with good evidence the timeline would be an uphill battle.

[cahrie99 12]

That's the part I struggle with the most, as long as all requirements are met and there are no negative strikes against the applicants (i.e. criminal activity, etc.) then I would think that based on the positive qualities would push that application through. Perhaps like you said, they had an issue with your previous marriage and the time-frames, hard to say unless they happen to tell you. Is marriage in India a possibility (in effect going through the CR1 route)?

[Ning 619]

Hello,

My fiancé had his interview on Sept 30, 2013. When he finally got to the interview window he was asked a few questions:

What is your fiancé name? Ans. My Name

When did you meet? Ans. 2009

When did you start your romantic relationship? Ans. 2010

When was your fiancee divorce? Ans. 2012, however they have been separated for over 10 years.

What is your fiancée religion? Ans. Christian

What is your religion? Ans. Hindi

The interview walked away briefly, came back, and gave him a piece of paper that basically said our petition was being returned to the USCIS office for review and possible revocation. He did not say why the petition was being returned, however, I guess it has something to do with my divorce becoming final in April 2012 and immediately getting engaged, June 2012. USCIS approved our petition and enclosed in our I-29F application were a copy of my divorce papers.

All of the answers my fiancé gave to the interviewer were true. My now ex-husband and I have been separated for well over 10 years and in fact we have not even lived in the same state for 8+ years. He didn't bother to look at our proof of relationship, he asked no further questions.

I am real upset over this and I just don't know what we need to do next.

Any assistance or advice you could offer would be greatly appreciated.

With a long term relationship like this and this problem why not just get married so you can get the C R 1 visa? The K 1 requires you to be married within 90 days anyway so I don't know why after 3 years together you would want the K 1.

This should tell you no matter what you do now you wont get a K 1. They just want to believe there is something wrong in the relationship which you will not over come by trying this again. It possible USCIS would turn the case around again but that will take months to even find out what the outcome is.

[AFT...Ths 1]

Sorry to hear it. They had made the decision before the interview, based on what information you sent them. What did you send? How often have you seen eachother? Even with good evidence the timeline would be an uphill battle.

We sent phone bills, over 200 pages of chat logs, emails, photos of my trip to India, Facebook post announcing our engagement. My income is sufficient, I was legally free to marry, we had met and in person in 2 years. We probably spent more time online that married people who live together.

I was only able to go to India one time, I take care of my mom so leaving her is a challenge.

We've hired an attorney now, I am hoping he can shed some light on their decision and we can file a motion to re-open. :-(

With a long term relationship like this and this problem why not just get married so you can get the C R 1 visa? The K 1 requires you to be married within 90 days anyway so I don't know why after 3 years together you would want the K 1.

This should tell you no matter what you do now you wont get a K 1. They just want to believe there is something wrong in the relationship which you will not over come by trying this again. It possible USCIS would turn the case around again but that will take months to even find out what the outcome is.

Because I take care of my elderly mother and it is much easier for me to get married here.

[sparkles_ 456]

Religious differences have been known to play a part in things like this as well, maybe as much if not more so than the divorce timeline.....I would wager it was a combination of those 2 factors together

[Darnell 8,479]

File a motion to re-open?

Sorry, it doesn't work that way, so hiring an attorney will be useless.

Instead, wait for the notice to hit your postal mail box.

[AFT...Ths 1]

File a motion to re-open?

Sorry, it doesn't work that way, so hiring an attorney will be useless.

Instead, wait for the notice to hit your postal mail box.

And then either File a Motion to re-open, File a Motion to Appeal, or restart the Process over. After I wait.

[Kiwinyc 62]

I don't think you should assume it was because of the dates of your divorce and your engagement. My divorce was finalised last Nov and my fiance filed the petition in Dec - I did get asked for an explanation of this in my visa interview about why this was so close together and I explained that my ex & I separated two years prior to the divorce being finalised when he went to work in another country and we agreed to divorce 18 mths before it was finalised, during this time I embarked on a long distance relationship with my fiance who i knew from dating in 1994)

You do need to wait for further explanation as to reasons why but assembling proof that you were separated and free to start a new relationship even though you weren't yet divorced might be helpful. (In my case my explanation at the interview was sufficient.)

[AFT...Ths 1]

I don't think you should assume it was because of the dates of your divorce and your engagement. My divorce was finalised last Nov and my fiance filed the petition in Dec - I did get asked for an explanation of this in my visa interview about why this was so close together and I explained that my ex & I separated two years prior to the divorce being finalised when he went to work in another country and we agreed to divorce 18 mths before it was finalised, during this time I embarked on a long distance relationship with my fiance who i knew from dating in 1994)

You do need to wait for further explanation as to reasons why but assembling proof that you were separated and free to start a new relationship even though you weren't yet divorced might be helpful. (In my case my explanation at the interview was sufficient.)

I appreciate your feed back. Your right I could be completely off base here and there could be another reason or several reasons he got denied. He knew all the answers to the questions that were asked and they were truthful, however, if nerves are getting the best of you even truth can sound a little shady. I wish I was the one interviewing. It should be pretty easy to pull together proof that we were separated and living a part for severl years prior to my relationship being with my finace, i.e. Tax Returns, property that is owned, affidavits.

I just am so completely disappointed and now it seems we have months more to go. Hopefully their further explanation will be on the quick side.

Thank you.

[Mel&Lal 12]

I am sorry to hear of your denial. Now I very worried about our interview when it happens. I am divorced with kids!

[AFT...Ths 1]

I am sorry to hear of your denial. Now I very worried about our interview when it happens. I am divorced with kid

I hope you have better luck than me. :-)

[Boiler 46,273]

You visited him once, how many times has he visited you?