Visa Denied - US Consulate Mumbai

[mariepear 12]

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.

My husband and I got engaged after 2,5 years of our relationship but just two weeks after his divorce. I was asked about that at the interview too, but I told them they were separated and getting divorced for almost 3 years. I still got the visa, so there might be other problems with your petition...

[Boiler 46,277]

My mom is 70 and I am seeing now how much of a mistake it was.We were already aware how hard it was to get a tourist visa and we thought someone of who had life experience, with some assets and income would look better. Our mistake.

And, you can have sponsors for B-2 Visas, we did.

You can not, you can send in I 134's but usually that is a sign of both desperation and issues.

He of course did not get the visa.

Like everything to do with Immigration there are odd cases at certain Consulates where an I 134 helps, Very unusual.

[AFT...Ths 1]

You can not, you can send in I 134's but usually that is a sign of both desperation and issues.

He of course did not get the visa.

Like everything to do with Immigration there are odd cases at certain Consulates where an I 134 helps, Very unusual.

Well then I guess I am wrong.

[Boiler 46,277]

You problem here is that the K1 and CR1 look from an external basis more as a means for him to immigrate to the US than for Family Reunification.

Only you can decide how you will best address this.

[AFT...Ths 1]

You problem here is that the K1 and CR1 look from an external basis more as a means for him to immigrate to the US than for Family Reunification.

Only you can decide how you will best address this.

You wanna know how I feel Boiler, Pissed off!

I met a man on the internet, a good decent man. We were friends, became more and now want to get married.

We met all the qualifications for the K1, we filed our petition, we sent our proof. He passed the medical, received his vaccinations, got his police clearance. We did everything we were supposed to do. And now just less than a year later we are being denied and not given any reason for it.

We all can sit here and speculate all day, but none of us really knows what was in the CO's head the day my fiance got denied, for all I know maybe he didn't have is coffee yet.

Maybe if the CO had given him more that 5 minutes of his time, he would of realized that we have not committed any fraud, that we are a real couple, that we have spent more time having conversations about life, our families, our jobs and our future than most married ( in person ) couples have.

I suppose I could write a few letters to my local representatives, but for what, I guess I will get nothing more than the the canned letter my fiance got the day he interviewed.

It seems pretty unfair to me, and maybe if the CO's put in a little bit more time, maybe as much time as I have, our result would have been different.

Sorry had to blow off a little steam, and I appreciate the input.

[Harpa Timsah 13,258]

So Harpa, are you saying that if I do decide to go to India this Dec and get married, our result will be the same. Denied?

Well no, I can't predict the future, but I am saying that doing the bare minimum is not likely to help your case very much.

Being in a relationship with a foreigner is expensive and time-consuming, there is no way around that. I would plan more than one more visit.

Edit: To respond to the above, you keep saying you "met the requirements." There is not a set list of basic requirements, because if that were true every scammer and fraud would just do that to get to the US. There is more to this process than filing paperwork, though that is an important component of it. The reason you were denied is because you didn't convince them this was a bona fide relationship, because of the timing, lack of face time, general mismatch. It is your job to go above and beyond to show them they are wrong, to show how you make sense as a couple, and you didn't do that, yet. I think if you focus on that aspect you'll have better success in the future. I am sure it is frustrating. Best of luck.

Edited October 2, 2013 by Harpa Timsah

[calvm 10]

My husband and I got engaged after 2,5 years of our relationship but just two weeks after his divorce. I was asked about that at the interview too, but I told them they were separated and getting divorced for almost 3 years. I still got the visa, so there might be other problems with your petition...

How does the CO/ USCIS distinguish between a fiancee relationship and a romantic relationship/ dating to establish their length/duration? (e.g. So someone may be dating someone from say Feb 2012 to Dec 2012 but may have propositioned in let's say Jan 2013.. so how are these "events" established for CO/USCIS?)

Edited October 2, 2013 by calvm

[AFT...Ths 1]

Well no, I can't predict the future, but I am saying that doing the bare minimum is not likely to help your case very much.

Being in a relationship with a foreigner is expensive and time-consuming, there is no way around that. I would plan more than one more visit.

Edit: To respond to the above, you keep saying you "met the requirements." There is not a set list of basic requirements, because if that were true every scammer and fraud would just do that to get to the US. There is more to this process than filing paperwork, though that is an important component of it. The reason you were denied is because you didn't convince them this was a bona fide relationship, because of the timing, lack of face time, general mismatch. It is your job to go above and beyond to show them they are wrong, to show how you make sense as a couple, and you didn't do that, yet. I think if you focus on that aspect you'll have better success in the future. I am sure it is frustrating. Best of luck.

Thank you.

[Boiler 46,277]

I have a curious question - How does the CO/ USCIS distinguish between a fiancee relationship and a romantic relationship/ dating? (e.g. So someone may be dating someone from say Feb 2012 to Dec 2012 but may have propositioned in let's say Jan 2013.. so how are these "events" established for CO/USCIS?)

Thanks

They are not and do not need to be. There is the requirement to commit to marrying within 90 days of entry.

The vast majority of cases are dealt with well before you get to the window, there might be the odd one where the 'interview' is relevant, but I doubt that happens very often.

Edited October 2, 2013 by Boiler

[calvm 10]

They are not and do not need to be. There is the requirement to commit to marrying within 90 days of entry.

The vast majority of cases are dealt with well before you get to the window, there might be the odd one where the 'interview' is relevant, but I doubt that happens very often.

Thank you - So if someone is in a romantic relationship and if he/she applies for a non-immigrant visitor or student visa - are they incorrect if they says that they are not in a fiancee relationship? - assuming no K1 petition has been filed yet.

Edited October 2, 2013 by calvm

[Harpa Timsah 13,258]

Thank you - So if someone is in a romantic relationship and if he/she applies for a non-immigrant visitor or student visa - are they incorrect if they says that they are not in a fiancee relationship? - assuming no K1 petition has been filed yet.

Generally people know if they have agreed to marry or not. Wouldn't you know such a thing?

[AFT...Ths 1]

Generally people know if they have agreed to marry or not. Wouldn't you know such a thing?

That sounds like an attempt at fraud to me. Yes?

[Boiler 46,277]

Thank you - So if someone is in a romantic relationship and if he/she applies for a non-immigrant visitor or student visa - are they incorrect if they says that they are not in a fiancée relationship? - assuming no K1 petition has been filed yet.

I think that those applications ask about relatives, Fiancée is not I think a legal definition. More social.

[del-2-5-2014 1,339]

How does the CO/ USCIS distinguish between a fiancee relationship and a romantic relationship/ dating to establish their length/duration? (e.g. So someone may be dating someone from say Feb 2012 to Dec 2012 but may have propositioned in let's say Jan 2013.. so how are these "events" established for CO/USCIS?)

Letters of intent to marry each other?

You wanna know how I feel Boiler, Pissed off!

I met a man on the internet, a good decent man. We were friends, became more and now want to get married.

We met all the qualifications for the K1, we filed our petition, we sent our proof. He passed the medical, received his vaccinations, got his police clearance. We did everything we were supposed to do. And now just less than a year later we are being denied and not given any reason for it.

We all can sit here and speculate all day, but none of us really knows what was in the CO's head the day my fiance got denied, for all I know maybe he didn't have is coffee yet.

Maybe if the CO had given him more that 5 minutes of his time, he would of realized that we have not committed any fraud, that we are a real couple, that we have spent more time having conversations about life, our families, our jobs and our future than most married ( in person ) couples have.

I suppose I could write a few letters to my local representatives, but for what, I guess I will get nothing more than the the canned letter my fiance got the day he interviewed.

It seems pretty unfair to me, and maybe if the CO's put in a little bit more time, maybe as much time as I have, our result would have been different.

Sorry had to blow off a little steam, and I appreciate the input.

This reminds me of me in November last year.

[Harpa Timsah 13,258]

That sounds like an attempt at fraud to me. Yes?

What that other poster is saying? yes.