Entire process a scam

[Mica333 3]

So after months of waiting and getting useless information I got an auto generated email

From USCIS telling me to send another fee and re file the petition. Before my current one was even resolved

No one. Including lawyers, assembly, Congress sentate have been able

To help and I am sad. Embarrassed. And appalled at the incompetence of our government.

If anyone is not bona fide or committing fraud it's this process. They are the scammers not my fiancée How dare they ask me to send them more money!!!!

[heo luoi 206]

Are you asking any specific question or purely venting your frustration?

Where were you in the process? Did you ever get a NOA1, NOA2? Did you get an RFE? No member here will be able to offer insight w/o more substantive detail unless your or resigned to not continue the journey.

Is seems from your Timeline you are at the end and had an interview and are in AP? What was the auto generated mail to request fee from what? You seem to be past USCIS if you had an interview.

FB being a non legal binding document / intent to marry seems expected. Was that simply and RFE to provide one?

[Anh map 2,098]

You seem to think that USCIS will reach out to you to explain what you need to do. This is not the case. The decision was made by the consular officer in the embassy. The interviewing officer seems to have doubts about the legitimacy of the relationship (based on your prior posts). Reevaluate what you submitted. Quantity does not equal quality. If you cannot get your petition reinstated then yes, you will have to file again.

My suggestion would be to travel to India, get married, and then file a spousal petition. This gives you more time together along with more opportunities to show that the fiancee's family is aware of the relationship. Both can be very helpful in proving a bona fide relationship.

[Mica333 3]

Thank you. I was told, in person, by a USCIS supervisor when I went to my local field office to wait until I received a written explanation. I offered to file a

New petition but they said wait.

I do not want to marry in India and the. Come back alone, without my husband, wait another year to be denied again.

My father is older and cannot travel . I

Hold a job which I will. We'd to keep to

Support my fiancée or husband so it's not so easy to just go "get married in India" I am

Not committing

Fraud and deserve to get married in my own country.

Thanks again- yes I am

Venting

[Mica333 3]

Sorry for the typo- I am tryin to say I don't want to leave my job which I will need eventually to support me and my fiancée/ husband if I go and get married in India

In hat case, the US government is focusing me a US tax paying citizen, OIT of the country to get married. It's absolutely ABSURD!!

[Ash.1101 1,756]

I hate to break this to you, but to the government, USC's are nothing more than people lucky enough to be born here, we're a step above LPR's and two steps above visa holders that can hang out here, and three step above illegal aliens. They're 20 steps above us.
They aren't focusing on you because they simply don't care about your situation or what you have to deal with. You aren't the first person to be confused as to why you were denied, and you aren't the first person to think they crossed lines. You won't be the last and you're probably in a pool of thousands if not a million+ good people over the course of the US allowing immigration. Allowing is key word as it is NOT our right to have our spouse or fiance come to live in the US, they are ALLOWED to.



I don't see why you have to quit your job to get married, take vacation or something. You shouldn't need to be gone for so long that you would have to quit your job, just for marriage.

Is there any reason why your fiance can't support himself in India? Do you provide ALL of his sole support? Is there a chance the Consulate felt that maybe he's scamming you?

Usually when you see female from America providing the sole support to someone in the middle eastish area or africa, that alone rings bells for A LOT of people, which could make your case even harder.



------ The below is in response to earlier posts before you posted more ----

Your fiances interview was August 4th, it's most likely gone by now in their logs as your NOA2 expiration date would have been in September since it was approved on May 5th 2015. Your fiance had his interview before then, so an extension wasn't needed since he was denied straight up and not in AP due to more information.

So they're telling you to send in a new petition, with all of the same requirements you had on your first one. This includes fee. They do this for ALL CASES that are sent back for bona fide K1.


There is no written explanation, the 221g refusal IS the explanation even if it doesn't "explain" anything. That's all anyone gets, nothing more, nothing less when it comes to refusals. It's up to the fiance that was at the interview to either tell you what he was told or figure it out himself.



I agree with Anh Map. Go, get married in India, have more face time if you don't want to get married in India and try K1 again. We're at their mercy, not the other way around.



It sucks, but I would refer to your first post thread on VJ, there are a lot of good answers there and... at the end of the day, it's better to just jump right back on the horse and go then beat it to death. The sooner you get restarted on this again which ever way you choose, K1 or marriage, the sooner ya'll will be together.

Edited October 31, 2015 by Ash.1101

[Mica333 3]

Thanks Ash really appreciate and agree and hear everything you are saying.

I'm sure they though he is scamming me. They set him up for failure and the Indian CO assistant went through his cell

Phone which you aren't even allows to have inside the building.

At the least I can take a leave of absence unpaid to go back tonIndia. I also volunteer on an ashram so would want more time there.

My plan as of now is to go in January. Also have

We had a co sponsor here as

Back up since I am in a creative field I was worried.

I wish I would

Have been there for the interview. It would

Have helped.

Anyway- thanks for listening and taking the time to write back - and talking me off the ledge

Will keep you posted

[Ash.1101 1,756]

I was worried that I was too harsh! You never know how people respond here but your case is pretty cut and dry.

Keep your cosponsor for sure and do what ever you need to do. It has taken some people several years to get through this process due to what they also feel was consulate officers going too far, but at the end of the day, they did make it together.

If you do go ahead and redo K1 visa, try to go there and be with him if possible, it could really help in your case.


Persistence and perseverance go a long long way to a happy life. =]

[Mica333 3]

PS. there is a huge loop hole in the system. I qualified on all basis and was originally approved by USCIS. There seems to be a different set of qualifications once the petition hits the embassy.

[Mica333 3]

Thank you! No not too harsh. You make a lot of sense. I am just so frustrated.

Are you two still on 221g? Or sorted out now?Wish you all the best!

[Ash.1101 1,756]

There is 100%.

USCIS basically makes sure that your paperwork is good, VJ always says to front load your application because it'll be sent to the interview stage, but in reality, sending nothing more than a reciept showing you've met* and the paperwork is good enough. A lot of people send in pics just because VJ says so, but it's not required nor do people get RFEs for needing pics.

The Interview and Consulate stage cares about both paperwork and relationship.



*They consider receipts and ticket stubs as proof of meeting, photos are considered secondary proof which I think is comical. Also all relationship proof is usually ignored, but it helps because it'll be the first thing they see when they open your document at the consulate.




Edit: We found a cosponsor this last monday! She makes 400% the poverty level so if we're kicked back again then WOW they really don't want us to go the K1 route. My mom was our original cosponsor and made over the limit, but since I'm unemployed the Consulate officer "felt" that it wasn't good enough and requested another cosponsor. Just a good case of the consulate officer using their discretion, which I totally understand. It's been a month since so the angry sting at the government had worn off a bit... and finding a new cosponsor helps LOL.
My fiance got the cosponsors papers today about 30 minutes before he went to work, so tomorrow he's going to schedule a time to drop off the documents to send to the consulate since he doesn't get home til after midnight. After that it's just a waiting game of anywhere between a week and eight weeks... or more if they take a while like they do in some cases that have to get senators on them, but I don't think that'll happen (I hope?).

Edited October 31, 2015 by Ash.1101

[Ebunoluwa 6,136]

I had advised you in August that your petition will expire and that you don't have to wait and can marry to file a I-130,

that you will receive a letter stating you are free to re file with another fee.

USCIS is known as the misinformation line so the person at USCIS misinformed you.

Once K1's are returned it's over, they will not review the petition.

Better luck on your next petition.

[Pitaya 2,577]

~Moved from K1 Process to K1 Progress Forum~

~Inquiry/commentary about case status~

[IandI 5]

It could be an Indian issue. When I went to see my fiancé many Indians expressed concern or disagreement about foreigners marrying Indians. They also didn't like the idea of Indians moving out of the country.

I am an American male and my fiancé is Indian female. She and I both are well aware and have prepared our patience for the inevitable angry Indian man at the interview situation. Indian males especially don't like to see Indian ladies with foreigners. On a few occasions we were yelled at by stupid hostile Indian men. I plan on attending the interview with her when that happens.

On another note, I just tried to wire my fiancé some money to send some documents and the men at the western union office in India denied her receiving money from an American man, at several western union offices.

It's more of an Indian issue than a uscis issue I think.

[Mica333 3]

Yes you are right. Because it was the Indian female CO assistant who looked through my fiancée as mobile phone. It's defiantly a cultural

Issue. However it's a US EMBASSY and therefore should go by US customs and standards.

I experienced the same when I was in India. Everyone staring at us etc. bit not all Indians are this way and in no way should it affect two people that love each other not to be together

And where I live I see many, MANY Indians living around me so it's not impossible to leave the country. I'm sure all

The US government sees here are dollar signs

Hope it works out for you. Be prepared and get a GOOD lawyer. I wish I did.