k1 fiance visa refused?!?

[SinghJas 1]

Hi everyone,

Being a US citizen, I filed a petition for my fiance in India. K-1 fiance visa was filed Jan 2014, and she just had an interview y'day back in India, but she was refused. The letter that she received from the consular officer, stated "insufficient evidence for her to marry me with 90 days of arrival in US. She is ineligible for visa under 221g, and the case is returned to USCIS/NVC".

I am so shocked, they would do this. She had so much evidence and paperwork with her. Hundreds of pages of texts, phone records, pics...etc. Granted I only visited her once in the past year, but they said they need to see more visits? Why? This is US, everyone is busy working. Are consular's in India so damn clueless? I talk to her multiple times in 1 day, what more proof do they need that this is a real relationship.

What does this all mean that the case is sent back to USCIS? I'm pretty much refused for this, I'm guessing, and I would have to start the process all over again.

Any feedback, would be greatly appreciated on this topic.

Thanks all

[apple21 953]

Did you submit a letter of intent to marry? It's in the list of documents on the K1 guide.

[TBoneTX 45,328]

*** Thread moved from "Bringing Family Members of USCs to America" forum to the K-1 Case Progress subforum. ***

[wbeem 568]

Did you submit a letter of intent to marry? It's in the list of documents on the K1 guide.

This is one, but I would imagine you would have had an RFE for it at service center stage.

How is her English? Could communication be an issue? Do you speak her language if she is not fluent in English?

Is marrying her and applying for a CR1 an option? If that was the only ground for refusal, it would eliminate it. It is terrible that you've waited so long and now this.

Edited January 15, 2015 by wbeem

[SinghJas 1]

Did you submit a letter of intent to marry? It's in the list of documents on the K1 guide.

Yes, every document was submitted

[Girl from Celebes 588]

India is well known on VJ as one of high fraud countries for US visas. Definitely you need to visit her more often. There are a lot cases here where one time visit is not enough. For instance, one time visit for UK citizen is enough proof to get an approval whereas countries such as Nigeria, some of Middle East countries, one time visit is not sufficient. In fact some of them need their petitioner's present during the interview.

Are you both Indian by a chance? Were you there during the interview?

[SinghJas 1]

This is one, but I would imagine you would have had an RFE for it at service center stage.

How is her English? Could communication be an issue? Do you speak her language if she is not fluent in English?

Is marrying her and applying for a CR1 an option? If that was the only ground for refusal, it would eliminate it. It is terrible that you've waited so long and now this.

That's the funny part, they did not request any evidence from her, yet put the case on hold under 221g.

Her English is good, not the best/fluent, but I talk to her frequently in English and native language.

You are correct, the only option left is to file 1-130 for spouse visa, but waiting another year is just crazy, when there was nothing wrong in the first place.

Question: Do I need to wait to hear back from USCIS regarding the refuasl(who knows how long they'll take), or should I go ahead, marry my Fiance, and file 130 as soon as possible?

Appreciate the help!

[SinghJas 1]

India is well known on VJ as one of high fraud countries for US visas. Definitely you need to visit her more often. There are a lot cases here where one time visit is not enough. For instance, one time visit for UK citizen is enough proof to get an approval whereas countries such as Nigeria, some of Middle East countries, one time visit is not sufficient. In fact some of them need their petitioner's present during the interview.

Are you both Indian by a chance? Were you there during the interview?

Yup, we are both Indian, I'm a US citizen. I wasn't there for the interview, but looking back, I could've/should've.

Its sooo frustrating, waiting a year. Looks like I'll be filing the spousal visa now and I will def be there for the interview.

Do I need to wait for USCIS to get back to me with the refusal, or can I go ahead and marry/file 130?

[wbeem 568]

I'm so sorry you have to go through this.

My understanding is that the K1 applications are just left to expire after they are refused. There was a case posted on here last year where they were denied, the USC flew out to his fiance's country (Ukraine? I forget) and on his way to or from the office to collect a marriage license, he got a notification to say they were approved. I don't think that is normal though and can't remember the details of the story.

See what others suggest. I think I'd be leaning towards just getting married and filing the CR1 as soon as possible.

[Girl from Celebes 588]

Yup, we are both Indian, I'm a US citizen. I wasn't there for the interview, but looking back, I could've/should've.

Its sooo frustrating, waiting a year. Looks like I'll be filing the spousal visa now and I will def be there for the interview.

Do I need to wait for USCIS to get back to me with the refusal, or can I go ahead and marry/file 130?

Based on people's experience on Visa Journey I've learned, they usually waited about 3-6 months before they decided got married and file for I-130. India has a very interesting culture that US embassy embraces. Parents permission is a must, throw an engagement party, engagement ring is a norm - this is what I have read so far. Correct me if I am wrong-. If these steps somehow is missing, the embassy would questioned the intent of marry whether it is a pure love or only for a green card. Arrange marriage is one of norm that I have seen in India culture and most of times the embassy is accepted it. How you both have met for a first time usually is a big question too.

[nitsirk7562 82]

I'm very sorry to hear this. It's hard to know what exactly raised a reg flag for them. A lot of the time, they've already made their decision based on the original petition and don't even ask to see any supplemental evidence at the interview. They didn't ask my fiancé for anything but the required paperwork, so I was glad that I front-loaded the petition with evidence. It must have been something in your original petition that just wasn't convincing enough.

I agree with others that your best option is to marry and file.

[Lynn n Sam 57]

"The letter that she received from the consular officer, stated "insufficient evidence for her to marry me with 90 days of arrival in US."

Why did the CO think you two would not be married within the 90 day period upon arrival? My suggestion - wait until you receive notification from USCIS, as there could be more to this and getting married now and applying for a CR1/IR1 could be a lesson in futility. Additionally, USCIS could reaffirm and quite possibly send your case back to India asking them to approve - however not a guarantee. It's strongly suggested that the fiance/spouse always attend the interview as it definitely helps. Where did she interview? If it was Mumbai, you wouldn't have been allowed inside anyways, but she could have carried in your passport to prove to them that you were in country to support her for the interview. This helps as well - it boosts the relationship value. It can take quite awhile for your case to be returned and then for USCIS to render the final determination.

Whichever path you choose - best of luck to you both!

[SinghJas 1]

Based on people's experience on Visa Journey I've learned, they usually waited about 3-6 months before they decided got married and file for I-130. India has a very interesting culture that US embassy embraces. Parents permission is a must, throw an engagement party, engagement ring is a norm - this is what I have read so far. Correct me if I am wrong-. If these steps somehow is missing, the embassy would questioned the intent of marry whether it is a pure love or only for a green card. Arrange marriage is one of norm that I have seen in India culture and most of times the embassy is accepted it. How you both have met for a first time usually is a big question too.

We had been communicated for about 3-4 months prior to me going to India, to meet and get engaged. We did have a engagement party and the rings were exchanged. All the steps were followed.

The idiotic questions my fiance was asked were: Why did so few people attend the ceremony? (we had about 40 people there)

Another one: Why did I visit India only once and why only for a duration of week? (someone please tell consular's in India, in US people work for a living and its not easy to get time off of work).

[SinghJas 1]

"The letter that she received from the consular officer, stated "insufficient evidence for her to marry me with 90 days of arrival in US."

Why did the CO think you two would not be married within the 90 day period upon arrival? My suggestion - wait until you receive notification from USCIS, as there could be more to this and getting married now and applying for a CR1/IR1 could be a lesson in futility. Additionally, USCIS could reaffirm and quite possibly send your case back to India asking them to approve - however not a guarantee. It's strongly suggested that the fiance/spouse always attend the interview as it definitely helps. Where did she interview? If it was Mumbai, you wouldn't have been allowed inside anyways, but she could have carried in your passport to prove to them that you were in country to support her for the interview. This helps as well - it boosts the relationship value. It can take quite awhile for your case to be returned and then for USCIS to render the final determination.

Whichever path you choose - best of luck to you both!

The "insufficient evidence" part is what confuses the heck out of me. My fiance had 300-400 pages of texts, phone conv and pics.

I did call USCIS and they said it could take up-to 180 days for some kind of an answer. I don't think I'm giving another 6 months and waiting on a coin flip. Most likely I will go to India, marry her, and apply for Spousal visa in March.

But this whole process is so time consuming and frustrating.

I'm so sorry you have to go through this.

My understanding is that the K1 applications are just left to expire after they are refused. There was a case posted on here last year where they were denied, the USC flew out to his fiance's country (Ukraine? I forget) and on his way to or from the office to collect a marriage license, he got a notification to say they were approved. I don't think that is normal though and can't remember the details of the story.

See what others suggest. I think I'd be leaning towards just getting married and filing the CR1 as soon as possible.

Yup that's what I'm thinking also and what my attorney suggested. Spousal visa is what I'm applying for now, plus I'll be there with her for the interview. (Only another year to go)

Thanks for the help!

[Lynn n Sam 57]

Which Embassy or Consulate did she interview through? Your timeline's not filled in.