K1 Visa denided on the interview.

[atmaji108 0]

Hello, It is crazy situation. My fiancee was at the New Delhi US Embassy this morning for the interview for the K1 visa. The lady who did the interview interpreted our photos as a legal weeding. And said that we need to apply as a married couple which will take around one year. But we are not married. We had an Indian Yagia to have a blessings for our engagement. It was arranged by local people that's all. We have just some colorful pictures from it. But we are not legally married. We never went to the court or changed our names etc. I don't understand base of the visa denial. This is big misunderstanding. When I tried to inquiry about this I got an reply: "In response to your question, please be informed that as per the attached letter the petition has been returned to the National Visa Center. Further, if you have any query regarding the petition we would request you to kindly co-ordinate with USCIS"

Does anyone know how to solve such issue?

[Transborderwife 4,666]

Marry and file for a spousal visa

[steph&max 13]

Wow so sorry to hear. Wish your fiance could have explained that it wasn't a wedding at the interview. I'm thinking you can appeal? Or if not, just get married and file for a spouse visa.

[atmaji108 0]

She was trying to explain it but the lady just didn't accepted. I feel that it is totally unfair. We spend so much time and money... and now we will need to do it all over again.... for no reason.

[MacUK 983]

As is said on here many times, don't have any form of celebration that could possibly be interpreted as a wedding.

Now you're in a situation where the CO believed you are already married so ineligible for a K-1, but you're not 'married enough' to qualify for a spousal visa.

I'd say the best suggestion is for you now is to go back and complete the marriage ceremony and apply for the spousal visa.

It's a crummy situation but sometimes in the visa process you have to put your future life together ahead of traditions and customs.

[Transborderwife 4,666]

She was trying to explain it but the lady just didn't accepted. I feel that it is totally unfair. We spend so much time and money... and now we will need to do it all over again.... for no reason.

Sorry, but immigration isn't fair. They had what he felt was a valid reason and that's reason enough.

[baron555 934]

Hello, It is crazy situation. My fiancee was at the New Delhi US Embassy this morning for the interview for the K1 visa. The lady who did the interview interpreted our photos as a legal weeding. And said that we need to apply as a married couple which will take around one year. But we are not married. We had an Indian Yagia to have a blessings for our engagement. It was arranged by local people that's all. We have just some colorful pictures from it.

The Embassy CO's are highly trained and specifically trained in the cultures and customs of the country in which they are located. They believed you are married and have instructed you what to do. Nothing is going to change their minds and they have made their notes in your file accordingly. It has been stated many many many times here on VJ that couples should avoid ANY type of ceremony within which one could be construed as a marriage ceremony. You are another example. Sri, but you have no choice but to complete the formal marriage and file for the CR-1 Visa.

But we are not legally married. We never went to the court or changed our names etc. I don't understand base of the visa denial. This is big misunderstanding. When I tried to inquiry about this I got an reply: "In response to your question, please be informed that as per the attached letter the petition has been returned to the National Visa Center. Further, if you have any query regarding the petition we would request you to kindly co-ordinate with USCIS"

Does anyone know how to solve such issue?

[Unlockable 7,314]

I am deeply sorry for your situation. Although you are shocked at the actions of the CO it is actually quite common that they interpret such ceremonies as actual weddings.

Your best path is to get married and file CR-1. There is likely no appeal. Even if you start a new K1, the information about the ceremony and denial is already in the system and will likely lead to another denial.

Best of luck to you and stay strong.

[Illiria 980]

Yep this has happened quite a bit on here, especially with traditional engagement ceremonies that basically mean that in the culture you would be considered married even if the countries government requires you to do more to make it legal.

Something similar with even less basis almost happened to me during my adjustment of status interview after I got here on a fiancée visa. We had a photo of us at my father in laws wedding to his second wife where my husband was the best man - even this made the interviewer think that we were married before I got the fiancée visa and only by saying I can get the marriage cert where my husband signed as witness not groom did she back off about it. I only included the photo as it is my husbands favourite one of us.

[TBoneTX 45,155]

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

[Ebunoluwa 6,136]

Since the petition has already been returned there is nothing you can do except marry and file a CR1.

If it were still at the embassy it would be a very slim chance to bring evidence that it was indeed not a marriage via affidavits of family, friends and some

officials. Sounds like that ship has sailed. Sorry.

[Unidentified 2,930]

This is why it's recommended NOT to bring photos of something that can be interpreted as a wedding. Not post similar pictures on social media. Not call each other hubby/wifie on social media/chat logs etc. Do not ever do anything that can be interpreted as you guys being married or you will be asked to go file for CR1. Discussed several times on here.

Wow so sorry to hear. Wish your fiance could have explained that it wasn't a wedding at the interview. I'm thinking you can appeal? Or if not, just get married and file for a spouse visa.

This situation happens all the time and it won't matter how much you explain. K1 so can't appeal, it's denied and will go back to USCIS where they will let the petition expire. Only option is to actually get married and file for spousal.

[ParisHeart 19]

Try to fight it, (waste of time) or cancel the petition and marry , then file for CR1 Visa.

Many have been denied K1, but married and was approved at interview.

Best wishes on your journey.

[Mica333 3]

Sorry to hear this. If your fiancée had the interview today, 3:16/16 the case should still be at the embassy (they do not expedite anything) find a GOOD LAWYER who can contact the embassy on your behalf and request another interview. Only a good lawyer can make this happen. I've learned that some have direct link to the embassies. Did they give any kind of Admin Processing paperwork?

[Cathi 5,744]

Try to fight it, (waste of time) or cancel the petition and marry , then file for CR1 Visa.

Many have been denied K1, but married and was approved at interview.

Best wishes on your journey.

there is no petition to cancel,it has been denied

Sorry to hear this. If your fiancée had the interview today, 3:16/16 the case should still be at the embassy (they do not expedite anything) find a GOOD LAWYER who can contact the embassy on your behalf and request another interview. Only a good lawyer can make this happen. I've learned that some have direct link to the embassies. Did they give any kind of Admin Processing paperwork?

wrong advice. There is absolutely NOTHING an attorney or anyone else can do. And I mean NOTHING. It would be a waste of money and time and only put you further back as far as waiting.