Decision taken by USCIS

[sohnievan 1]

Hi all, I received a copy of letter tended to my fiance with respect our K1 case after waiting for a while having been refused visa in NY embassy. The case was returned to USCIS for processing and they gave my fiance a respond as respects section 101(a)(15)(K) of the immigration and nationality acts which was amended and approved by the US Citizenship and Immigration Services.

The approval was forwarded to my country with a validity of 4 months and has been returned to USCIS and they found out that I as the beneficiary was not given visa.

Therefore in accordance with 8 C.F.R.214.2(K)(5) all USCIS actions has been concluded.

It goes on further to say that the petitioner should file a new Form I-129F with a fee on behalf of the beneficiary, however if a new Form is filed the petitioner must meet requirements including meeting the beneficiary in person within the 2 years period before the date of filing the new petition as set out in 8 C.F.R 214.2(K).

I and my fiance started dating on 2012 and have met in 2014. Inspite of all the engagement we were still denied.

I am confused has anyone had this experience and will like to share the way forward. Will it be advisable that we see an immigration lawyer at this point since my fiance filed it by herself.

I will welcome your suggestions.

thanks in anticipation.

[LionessDeon 2,060]

Many many people file petitions by themselves without lawyers. That part probably has nothing to do with your refusal.

First more information is needed to be able to respond. Filling in your timeline would be a great start.

I'm assuming you are the beneficiary. What country are you from? What embassy did you interview at? What questions did they ask you? Was there any missing documents or information? How many visits did your fiancée make? How much face time did you have? Did they tell u a reason for denial? Have you ever applied for a visa before? Have you ever been in USA before? Do you have any criminal offenses?

You must first overcome the problem that caused your denial before applying again or you will just be denied again. Yes I have experience with this as my fiancé was refused also.

Edited November 22, 2015 by LionessDeon

[sohnievan 1]

Hi Deon, am grateful for the reply. I am from Ghana. I have stayed outside Ghana in Swaziland as dependant of my parent since my dad worked for the United Nations.

Since I came back to Ghana I have not stayed outside here again. I do not have any criminal record.

I once posted a discussing on this platform and shared much with all that transpired at the interview too.

I have copied and pasted it down here below so you can see my side if story.My fiance made 1 visit and we had a party where I introduced her to my family members and then I propose to her of which she accepted. Our culture understands the terms involved as there was no vows exchanged between I and her.

In my lifetime I have applied American visa twice for visit of which I was refused on the issue of strong ties. My first application was in invitation of my Anty and the second I was going to attend an international convention of Jehovah's Witnesses which was to be held in Detroit Michigan of which my fiance lived there before settling in a different state. My fiance too is one of Jehovah witnesses so we all taught that will also give us the opportunity to meet for the fist time. However over the period she finally came to Ghana to visit.

I will like to paste all that I shared although it may long I hope u will bear with me and get back to me again.

Hi Members,

I am glad to use this medium to exchange and share my experience hoping all can let me know what actions or advice what I can do. I had my interview August 6th 2015 and had lots of evidence tendered, I was asked questions about how I got to know my fiance and as to how I got to know her. The end was so hurting as I was told that I had forged the documents which I provided, I had printed out some of the mails, chats history, call records and more on hard copy paper. They say our relationship of 3 years is a sham. I will show below my collective memory interview with the consular for your reference.

This is a note I was given and will like to know if anyone has had this experience,.as I seek the information my status online states its on Administrative Processing. Please read below and share with me what u think. We intend to get married here in Ghana and then file for I-130 as that was an option given to us when the Congressman intervened to assist us.

Dear Petitioner,

We are unable to issue visa in the above mentioned case because the applicant

has been found ineligeble under section 221(g) of the immigration and nationality act.

This section prohibits the issuance of a visa to anyone whose application does not

comply with the INA or regulations issued pursuant thereto.

Unless revalidatd, I-129F petitions are only valid for four(4) months from the date

of the last action by the United States Citizenship and Immigration Service (USCIS)

or Consular Office. We are not able to revalidate the above case file(s) and will return

to the National Visa Center (NVC) which will then transfer the case to the USCIS office

that originally processed the subject petition(s). Because the petition will have expired

by the time the USCIS receives it, USCIS will not reopen the case. Please do not contact

this Embassy or the Nationak Visa Center regarding this case.

For inforamtion about returned petitions, you may contact the USCIS National

Customer Service Center at 1-800-375-5283

Interviewer: Please raise your right hand and swear an Oath that you will tell the truth

Beneficiary: I promise to tell the truth

Interviewer: Who is filing for you?

Beneficiary: My Fiance called Sharon XXX YYY

Interviewer: How did you get to know Sharon?

Beneficiary: Through a mutual friend called N YYY formerly known as N ZZZZ of London.

Interviewer: How did you come to know N?

Beneficiary: I met N through one of Jehovah Witnesses chat group in facebook

Interviewer: How did N come to know Sharon?

Beneficiary:: They were friends and have been communicating through facebook

Interviewer: How did N introduce you to Sharon?

Beneficiary: She suggested her to me as a friend and then I sent a request and she accepted it and we became friends

Interviewer: When did you meet N?

Beneficiary: In the year 2014 when she came for her wedding

Interviewer: When did Sharon come to Ghana?

Beneficiary: 20 th March 2014. Ohh I will like to affirm my words that N came to Ghana in 2013 and thats when I first met her.

Interviewer: No am not going to take that as you know you are under oath, first of all you told me you met N in 2014 and now you saying you met her in 2013, you have lied.

Beneficiary: I am not lying Madam, I was just saying that the first time I met N was when she came to Ghana, and I also met her when she got married to her husband her in Ghana.

Interviewer: What her husbands name

Beneficiary: AB

Interviewer: What do you do for living?

Beneficiary: I take care of a small family Business

Interviewer: What is the name of the company?

Beneficiary: XXXXX

Interviewer: How many people are employed?

Beneficiary: Only one person

Interviewer: What is his name?

Beneficiary: XX YY

Interviewer: Who helped you to prepare this documents?

Beneficiary: I prepared it by myself at the work place

Interviewer: Well am sorry, we cannot give you a visa since you have not proven beyond doubt of your evidence. The documents you have presented we forged and besides I do not find this relationship to be genuine. You also got married.

Beneficiary: No I did not forge this document Madam and we had a party. We are not married.

Interviewer: (She counts my documents I tendered to her and writes (6) on her rough paper. Reaches out for a paper, signs it and hands it over to me.

Interviewer: The name ABCD, where does the name come from?

Beneficiary: That is my mothers maiden name, I suppose that is her great grandparents name and thats how she came to came to called so.

Interviewer: (No comments as she gives me the paper)

[TBoneTX 45,301]

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

[IcezMan_IcezLady 582]

Have you found out the reason for your denial?

If you haven't, then you can solicit the help of your senator to inquire for you.

You can only know the steps to take should you refile.

My fiance and I were denied because CO thought put us under "sham marriage" so we got married and will be filing again soon with more proof.

If you don't find out the actual reason, you will end up making the same mistake again.

[Ebunoluwa 6,136]

Nothing much to do but re file, best to marry and file a CR1.
It is nothing new that some CO's throw around accusations of forgery but can't prove it or tell you why they think they are forged, just another CO gone rogue.

Front load the next petition, address the accusations of the CO in a letter to USCIS and submit evidence that the paper(s) were not forged and lots of

relationship evidence that you are not in a sham relationship.

Best wishes for the next time around.

Have you found out the reason for your denial?

If you haven't, then you can solicit the help of your senator to inquire for you.

You can only know the steps to take should you refile.

My fiance and I were denied because CO thought put us under "sham marriage" so we got married and will be filing again soon with more proof.

If you don't find out the actual reason, you will end up making the same mistake again.

OP stated the reasons were the accusations of forgery, being married and a sham relationship.

[sohnievan 1]

My fiance wants to file for a waiver form i-601. Has anyone had this experience and what he or she thinks of the outcome. please kindly share with me what you think I should write to given them more evidence of my case as the counselor says our relationship is sham. I had lots of evidence to present and yet counselor will not listen. can anyone share with me more information and advice or tips

[LionessDeon 2,060]

My fiance wants to file for a waiver form i-601. Has anyone had this experience and what he or she thinks of the outcome. please kindly share with me what you think I should write to given them more evidence of my case as the counselor says our relationship is sham. I had lots of evidence to present and yet counselor will not listen. can anyone share with me more information and advice or tips

You can't just file a waiver because you were refused a visa unless you were found inadmissible due to a reason that is waiver able such as an overstay or criminal charge. When that happens the CO gives you a form at the interview that states you are waiver eligible.

Another thing is that a good waiver packet is very expensive .... Way more money than refiling the K1. It's not just a form you send in. Coupled with the fact you are not waiver eligible it's not an option.

Collect the evidence you need to overcome why you were refused in the first filing. Make another visit if possible , build a strong K1 packet, and try again. Or marry and do the spousal visa.

[sohnievan 1]

Hey thanks for the response. I was given a white form that shows I was ineligible under section 221(g) of the immigration nationality act. And that section falls under the waivers. What do you think please.

[Ebunoluwa 6,136]

Hey thanks for the response. I was given a white form that shows I was ineligible under section 221(g) of the immigration nationality act. And that section falls under the waivers. What do you think please.

221g letters are given for refusals or missing paperwork or AP.

221g is not a "reason" you were refused other than they are saying you are ineligible.

In order to do a waiver there must be something to waive. So....what is there to waive ? What was written or marked on the 221g letter ?

If the CO merely assumes and speculates verbally that forgery was submitted and nothing was marked/written such as misrepresentation markers

then there is nothing to waive and you can file again, there is no need for a waiver.

Either file another K1 or marry and file a CR1.

It happens at high fraud embassies.

Front load the next petition with every relationship proof that you have accumulated. While waiting make another visit.