K1 visa file sent back to USCIS for review and possible revocation

[Suri_Amano 1]

Hi Everyone,

I am new here. My fiance had his interview today at the New Delhi consulate and everything was going well and toward the end they brought out the picture of my engagement in which i my sister-in-law applied sandoor (red powder) on my forehead that indicates in India that you are married and also applied during as part of the engagement ceremony. The US consulate officer raised issue with that we are married and sending our case to be reviewed by USCIS for review and possible revocation. Our relationship is genuine and my fiance even showed the religious marriage place we have booked to get married at in the US. But still he was refused no evidence satisfied her suspicion. So, our case is "administrative process" and does anyone know how long that could take. What is the best solution??

We are both thinking of getting married and then i come back and apply as spouse visa (I-130). Is this administrative process going to hinder our new case and will the k1 visa case avoid. According to the USCIS personnel that I spoke with clearly said that my K-1 will avoid and will not be problematic for spouse visa. I really would like some feedback as it has really effected our plans for a wedding in America and the preps that we made.

Appreciate any help!!

Thank you!

Edited October 14, 2015 by Suri_Amano

[baron555 934]

Hi Everyone,

I am new here. My fiance had his interview today at the New Delhi consulate and everything was going well and toward the end they brought out the picture of my engagement in which i my sister-in-law applied sandoor (red powder) on my forehead that indicates in India that you are married

Bad move on your part.

and also applied during as part of the engagement ceremony. The US consulate officer raised issue with that we are married and sending our case to be reviewed by USCIS for review and possible revocation.

Well of course. The K-1 is for unmarried couples. You may have become married by your ceremony and actions.

Our relationship is genuine and my fiance even showed the religious marriage place we have booked to get married at in the US. But still he was refused no evidence satisfied her suspicion. So, our case is "administrative process" and does anyone know how long that could take. What is the best solution??

Maybe sending the Embassy a formal letter outlining the plans you have to formally marry in the US and describing how the engagement party was just that with no intention of marriage, yet.

How long? Nobody knows.

We are both thinking of getting married and then i come back and apply as spouse visa (I-130).

Why? If he moves to the US with a K-1 and gets married, there no reason for a CR-1 visa. If you mean you get denied the K-1, then yes marry in India and petition for the CR-1. You will have to pay the fee and wait about a year to get that.

Is this administrative process going to hinder our new case and will the k1 visa case avoid. According to the USCIS personnel that I spoke with clearly said that my K-1 will avoid and will not be problematic for spouse visa. I really would like some feedback as it has really effected our plans for a wedding in America and the preps that we made.

Appreciate any help!!

Thank you!

[dilip 187]

It is too early to think about marriage. I think, you need to find out the clear status or final outcome of your KI case status. Need to talk to senator office etc and try to have a second interview.

[TBoneTX 45,303]

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

[Unidentified 2,930]

Hi Everyone,

I am new here. My fiance had his interview today at the New Delhi consulate and everything was going well and toward the end they brought out the picture of my engagement in which i my sister-in-law applied sandoor (red powder) on my forehead that indicates in India that you are married and also applied during as part of the engagement ceremony. The US consulate officer raised issue with that we are married and sending our case to be reviewed by USCIS for review and possible revocation. Our relationship is genuine and my fiance even showed the religious marriage place we have booked to get married at in the US. But still he was refused no evidence satisfied her suspicion. So, our case is "administrative process" and does anyone know how long that could take. What is the best solution??

We are both thinking of getting married and then i come back and apply as spouse visa (I-130). Is this administrative process going to hinder our new case and will the k1 visa case avoid. According to the USCIS personnel that I spoke with clearly said that my K-1 will avoid and will not be problematic for spouse visa. I really would like some feedback as it has really effected our plans for a wedding in America and the preps that we made.

Appreciate any help!!

Thank you!

This is why I wished more people could find this forum BEFORE they apply for the I-129F. DO NOT EVER do anything that resembles a wedding and if you do, DO NOT EVER bring evidence of that to the embassy.

Figure out what's going on with the K1, if it's still at the embassy you can still do something about it. If it's already sent back to USCIS it's already too late as they will just let it expire.

[Suri_Amano 1]

Thanks for you input. It was unintentional mistake and was part of the punjabi engagement ceremony. I never heard of a case being rejected based on that and if i knew i would not have included the picture. Will email the consular at New Delhi to review the case.

[Suri_Amano 1]

It is too early to think about marriage. I think, you need to find out the clear status or final outcome of your KI case status. Need to talk to senator office etc and try to have a second interview.

I emailed at the india support to find out more about the case. hopefully i will find out soon. if i go to india and get married and then comeback to US and apply a spouse visa is that gonna be problem.

[Suri_Amano 1]

This is why I wished more people could find this forum BEFORE they apply for the I-129F. DO NOT EVER do anything that resembles a wedding and if you do, DO NOT EVER bring evidence of that to the embassy.

Figure out what's going on with the K1, if it's still at the embassy you can still do something about it. If it's already sent back to USCIS it's already too late as they will just let it expire.

I did go through the forum to determine if i was doing everything correctly. I think the difference is that they are looking at from perspective of hindu marriage in which red powder indicates you married.. whereas this was punjabi engagement where it was just part of the tradition to apply it to show that I am engaged.

yeah it is still at the embassy and i emailed them, will call to find out more but they would most likely tell me email them.. and etc..my case expired on october 7th based on the letter i received from USCIS when it was approved in the US. So, does that mean they are not going to really do anything?

[Unidentified 2,930]

I did go through the forum to determine if i was doing everything correctly. I think the difference is that they are looking at from perspective of hindu marriage in which red powder indicates you married.. whereas this was punjabi engagement where it was just part of the tradition to apply it to show that I am engaged.

yeah it is still at the embassy and i emailed them, will call to find out more but they would most likely tell me email them.. and etc..my case expired on october 7th based on the letter i received from USCIS when it was approved in the US. So, does that mean they are not going to really do anything?

I have requested that this thread should be moved to the India specific part of this forum as fellow Indians will give you much better answers.

It does sound like they believe that the two of you are already married. I believe that it's a good sign they haven't sent it off to USCIS yet since that means hopefully you can still do something about your situation, maybe request a second interview and have this sorted out with more evidence. But I'm no expert in this situation and I hope someone else will be able to help you out more. I do know that plenty of couples have been denied because the embassy believed the couple was already married because the engagement ceremony and the wedding ceremony is similar in some countries.

[Suri_Amano 1]

I have requested that this thread should be moved to the India specific part of this forum as fellow Indians will give you much better answers.

It does sound like they believe that the two of you are already married. I believe that it's a good sign they haven't sent it off to USCIS yet since that means hopefully you can still do something about your situation, maybe request a second interview and have this sorted out with more evidence. But I'm no expert in this situation and I hope someone else will be able to help you out more. I do know that plenty of couples have been denied because the embassy believed the couple was already married because the engagement ceremony and the wedding ceremony is similar in some countries.

Thank you for the feedback. I called the embassy number from US and i was told to email them about the situation. I guess i just have to wait to hear back from them. Nothing else can be done. So frustrating...

[Pitaya 2,577]

~Moved from K1 Progress to India Regional Forum~

~Inquiry is country-specific~

[Ebunoluwa 6,136]

Petitioner should contact the senator immediately and through him request a second interview and you and the senator should also

forward to the embassy the differences in the Hindu and Punjabi customs. If you claim it then back it up with written evidence from a reliable source.

If the case was already returned to USCIS then it will expire and you can move forward with plans to marry and file a CR1, this will NOT

negatively influence your next petition whatsoever.

[LionessDeon 2,060]

Thank you for the feedback. I called the embassy number from US and i was told to email them about the situation. I guess i just have to wait to hear back from them. Nothing else can be done. So frustrating...

Don't wait too long. Quick action is needed. Send them info regarding the religious differences. Have family/friends do the same. Once it's sent back it will be left to expire.

[Sawa N Ab 7]

So if you could update how your case ends and what evidence you gathered to prove that your were single would be greatly appreciated. I think I might of made a similar mistake and I would love to prepare for that issues that might arise.

My issue is not that I had a ceremony but I stupidly submitted my New Delhi lease which states me as a wife (Thought it would help to show that we lived together but our landlord wrote that I was a wife because two different sexes are not culturally allowed to live together in New Delhi without being married and I included this information on a post it stating the reason why I was listed as wife.) Also provided two notarized affidavits that we were single and mine has the seal of the US embassy in Delhi that were signed two weeks after the lease date.

So please any update would be greatly appreciated from a fellow India visa applicant.

[amkhan 108]

as per hindunreligion red powder consider as married women if i put red powder on any hindu women she will consider as wife