Interview today - Visa Refused

[pepper44 18]

So my fiancee had his interview today. I was not present - due to work, holidays and costs, They refused our Visa based on .. Not Lack of Evidence but language barrier.. because I use google translate to write to him since I cannot write spanish.

They asked him if there was anyone with him that could vouch for us - and of course there wasn't since no one can enter the embassy with him...

I am so distraught.. online the case says refused

anyone that has language barrier and is concerned have family and friends write letters to vouch for you two..

[USHavana23 0]

Omg I am so sorry to hear that .

[Alaska2012 462]

So how do you communicate? Do you speak Spanish but can't write it?

What evidence of a bonafide relationship did you submit?

[pepper44 18]

they said we had plenty of evidence but they didn't believe we could talk to one another. I speak little spanish and him little english but I understand spanish and he understands english we just can't speak the opposite language.

we submitted phone records for 2 years, emails and text and tons of photos and Ive been there 5 times to see him in the past 24 months.

this is bullcrap.. I am enrolled in spanish classes and when he got here he was going to be in english classes...

[Ash.1101 1,756]

Chances are, to be able to have this go through you may have to get married so they know you're serious and willing to make it work even with language barriers, or you're going to both have to learn each others language better and show better proof of that.

Was the proof you submitted the translated language from google? Only asking this because I have a fair number of Mexican friends who are appalled by how awful google translate is, uses the wrong words, wrong context, etc. It's almost OBVIOUS when somethings used by almost all free translators. If the CO's saw some of the things that you told google to translate out for you, and saw that you clearly didn't write any of it and it's just "translator trash", then you don't really have any proof of communication in the same language, you just have proof you have access to a translator.

Where there any other red flags? How did you meet? Do you have family or friends in common? It may be a little bit more than "you can't speak the same language". When they asked him questions like "How do you talk on the phone?" what did he say? Actual phone convo is a lot harder when there isn't a translator involved.

Again though, chances are you may have to get married in Cuba and file for a spousal visa to make this work out.

[Darnell 8,478]

I suggest to file a new i-129f, including a timeline of relationship / evolution of relationship statement that contains an additional paragraph in it covering your communication uses and capabilities.

Why? When included with a uscis submittal, and uscis approves the petition, the iv unit rarely overturns this evidence, as:

1. Iv unit sees that statement way before interview day

2. Iv unit sees uscis approval with that statement.

[pepper44 18]

yes I google translate - and I know how awful it is. I do understand words in spanish I just cannot write or form sentences without help as I am just learning. So I had to rely on that. We had phone calls that were at length 20 mins some an hour or hour and half so they could see we were on the damn phone talking..

they only mentioned because of the emails to him. They asked how we speak and he said both spanish and english to each other.

again they did not tell him there were any other issues they even mentioned to him there was plenty of evidence for us - but they couldn't approve it because of the emails.. That is what they said to him - Freaking emails - are you KIDDING ME. This is stupid

I didn't want to marry in Cuba it is very expensive and then having to go through this again for another year... when they can say the same because it's not like I will learn how to write in spanish over night.

[Ebunoluwa 6,136]

Take Darnell's advice, he is right. Also front load heavily and include affidavits from family and friends.

[pepper44 18]

what do you mean Iv?

so basically - refile again - like next week with the same documents as before but add even more - ( I already front loaded that bad boy because It's CUBA which they see has high risk)

Then just add an additional statement with the relationship time line- , letters from friends and family, and also letters to show good faith he will be enrolled in English classes that actually happen to be 2 blocks from my house, and I in spanish classes..

It seems I am going to wait another year -

[vanityfair 4]

Remarkably sorry to hear about this outcome .

I know the interview is done and over with, but I am curious whether it would have made a difference if the petitioner was present during the interview? If the issue was due to language restrictions and the petitioner was there to demonstrate the capacity of effectively communicating with the beneficiary in person, I wonder if CO would still have grounds to deny the visa?

[pepper44 18]

I'm thinking the same thing of course.. but that was a decision I made and now I have to live with it..

I am going to consider applying again and doing what the previous person suggested to see where it goes.

[Sarahnick 19]

I would strongly recommend to be there for the next interview if you choose to refile!

[pepper44 18]

okay so I saw the paper they gave my fiancee it says 221g -

my question is can't this be overturned? It say rejected online - but I am reading some places online that this can possibly be overturned. Is this correct? I need my VJ's to help me on this.. I'm not smart when it comes to politics and all this visa stuff... I feel overwhelmed when i search and find so many different answers..

[Ebunoluwa 6,136]

okay so I saw the paper they gave my fiancee it says 221g -

my question is can't this be overturned? It say rejected online - but I am reading some places online that this can possibly be overturned. Is this correct? I need my VJ's to help me on this.. I'm not smart when it comes to politics and all this visa stuff... I feel overwhelmed when i search and find so many different answers..

One very slim chance is to contact your senator asap and through him request a second interview with more evidence (English/Spanish courses

and affidavits from friends and family. If granted (they don't have to) fly there and be on the premises ! A senator can only request but not overturn the decision.

When your fiance was asked if he has anyone to vouch for your genuine relationship he should have responded: Yes, I will bring letters

of affidavits if you give me another appointment and my fiance can also attend the next interview.

If your petition has already been placed in the diplomatic pouch and is on it's way back to USCIS then there is nothing you can do.

Only refused / returned spousal visas get a second chance with a rebuttal with a NOID/NOIR letter but not K1's.

K1's will be purposely expired and you can file another petition or get married and file a CR1 as soon as you want.

[MariJan 1]

I am very sorry for the outcome of your fiance's interview.

The best advise I can give you is seek for legal assistance.

My husband and I went through a K-1 via and as most couples do, we had a couple details here and there that could turn into a problem, but they didn't and I attribute this to the fact that we had a very knowledgeable and thorough lawyer.

When you hire a lawyer you learn a lot more about the process and get a more clear understanding of what can be "good" or "bad".

I wish you and your fiance the best, hang in there!