Received 221(g) refusal after interview – what should we do next?

[Cait&Ismet 0]

Age difference? How did you meet? He says you lived together in Florence. That seems odd if you just met there. He also says you visited him in Florence. Was that after you left or something? He doesn't seem to know your degree. He got it wrong then they asked again and he gave a non-answer (he said "same thing she studied in the US" instead of naming the thing).

Or, something could have been in your chats, like they seem one-sided.

We are 9 years apart. I studied in Florence, Italy for 2 semesters. We met while I was studying. I had my own apartment, but I stayed with him 95% of time. That is what he meant by that. Maybe it is the way he answered my degree.

I sent a 2 year call log for Viber. There were some chats, but mostly showing our phone conversation. He speaks Albanian, Italian, and Engligh. I speak English and a little bit of Italian. Our chats frequently consisted of a mix of English and Italian. I don't think it looks like I was always the one contacting him or vice versa. But good point.

[Adil & Jeanne 296]

We never got an answer on denial of 129 and Senator could not get any more information than they were giving me

K1 will come back to US and be allowed to die here

marry and proceed with CR1

[Cait&Ismet 0]

We never got an answer on denial of 129 and Senator could not get any more information than they were giving me

K1 will come back to US and be allowed to die here

marry and proceed with CR1

That is my concern, but I thought it was worth a try. My biggest fear is that they will deny us again. We are so confused why we received this denial and how they handled the case. What do you think? Did you have any problems with the CR1 after the K1 visa denial?

[Cait&Ismet 0]

Your different religions could have played a role due to the Kosovo war in 1998-1999.

Did you send proof of your time together in Italy? You're sure those were all the questions asked? What about your fiancé's background, any arrests/convictions, previous attempts to immigrate to the US etc that he might have forgotten about or not disclosed?

Mallafri76 - what do you think?

The only other thing I can think of is my fiancé's brother and father served in the Kosovo Army during the Kosovo war. Ismet did not, but do you think that can be a reason they would deny us?

[soulstriker 274]

hmm it could of been the different religion , maybe 9 years is a red flag for Kosova?

[BenjaminKeating 114]

You mention he's never been to the US before?

That could have played a part? I'm just guessing but I would question why someone was looking to immigrate to a country they've never visited before?

Sorry to hear about the decision though, best of luck to you and your partner!

[Ebunoluwa 6,136]

You more than likely will never know what exactly the CO thought.

The blanket statement of " not believing it is a genuine relationship" happens often without further details.
The same happened to us. I went to the CO and asked her why and she said "because I feel yours would not be

a lasting marriage." I asked again why do you think so and she just shrugged he shoulders "just a feeling".

Totally bizarre and a stupid assumption.

We were denied after 16 months in AP and I filed another petition that was approved by a different CO who said he could see

how much we love each other just from our photos.

The CR1's are different than the K1's, in that if returned, a K1 dies the death of expiration but a returned CR1 has another

chance to be reviewed and CO's findings will be responded to with a rebuttal once USCIS has the case back.

They are almost always re affirmed. K1's are no longer re affirmed.
My advice is marry and file a I-130 for a CR1.

One last tiny chance is to request a second interview which may not be granted as they already brushed off your attorney.

Sorry this happened to you, I know how it feels.

Best wishes next time around.

You mention he's never been to the US before?

That could have played a part? I'm just guessing but I would question why someone was looking to immigrate to a country they've never visited before?

Sorry to hear about the decision though, best of luck to you and your partner!

No. That is not it.

[JFH 12,191]

You mentioned a translator. Was that at the embassy? The questions are quite simple - which street did she live on, what does she study. Did he need a translator for these? If so, they may be wondering how you two communicate if his comprehension of and ability in English are such that he needs a translator for those questions.

Just my thought when I read the word "translator".

Or could it be that the translator messed up with the answers?

[Lowens8 10]

Me and my fiancé (he is from Kosovo) have a strong case we knew each other for 5 years, we provided 2 years worth of call logs, 5 years worth or travel documents, 30 photos (including pictures with his family). We were so excited to finally start our life together.

He had his interview at Skopje Embassy in Macedonia on Tuesday (8/9) it lasted maybe 5 minutes. They didn’t look at any of our paperwork and said to my fiancée “I’m not convinced this is a real relationship.” They gave him a 221(g) refusal. They did not request for any more evidence to show our relationship is bona fide.

My immigration attorney who has been supporting us throughout this process contacted the Consulate less than 24 hours after the interview requesting to reconsider the case and stated that we can provide more evidence. They politely brushed him off and said they are sending it back to the USCIS. Did not even acknowledge the additional evidence to support our bona fide relationship. The lawyer was shocked.

We really have a strong case and true loving relationship. Me, my fiancé, and my lawyer do not understand this denial.

I contacted my US Senator explaining the situation and requested support to review the case further (still waiting for a response). My lawyer and I are also planning on submitting a Freedom of Information Act Request.

My questions are:

1.Has anyone encountered this before? It does not make any sense.

2. Are there other ways to figure out why we were denied the visa?

3.What should I do next?

Any help or guidance is appreciated. This process has been beyond heartbreaking for us.

My fiance and I are going through something similar. The CO didn't look at any evidence he brought of our relationship but then requested it through email the day after the interview. We went into AP from 7 weeks and were then denied. The Moscow Embassy says they've sent our case back to USCIS however NVC and USCIS both say they haven't received anything. The only thing we have to go off of is the letter he received when they sent his passport back stating "contains inaccurate information." My Congressman's office said they would ask for the denial reason and the only thing they got back was the same explantion given in the letter to my fiance (so still no clarification). The senator's office stated they can't help us since the Congressman's office is "helping" us already. We feel completely overwhelmed because we can't get a clarification on why we were denied. We will be sending in an FOIA and from advice given through VJ it sounds like we'll have to do a CR-1 and hope we get approved since we don't know the initial reason we were denied.

[Harmonia 211]

You mention he's never been to the US before?

That could have played a part? I'm just guessing but I would question why someone was looking to immigrate to a country they've never visited before?

Sorry to hear about the decision though, best of luck to you and your partner!

Most of the K1s have never been to the US because applicants typically can't visit here without a visitor's visa, and they aren't eligible due to socioeconomics or because they have a significant other here and its assumed they have immigrant intent.

To the OP- you mentioned a translator. Perhaps the IO thought its not a real relationship if he can't speak sufficient English for the interview. It may make them wonder how he can communicate with you on the phone.

I don't think 9 years is a big difference. I'm assuming he's older than you? I also don't see the religion as a big problem because if he lived in Italy for 12 years, presumably he isn't very connected to a Muslim community.

Perhaps they saw a red flag with a laborer and someone with a good job, education, and financial means to study abroad 2 semesters? Not saying its fair, but thinking out loud as potential red flags.

I'm very sorry about your denial, and I suggest you marry and then do a CR1. That may show them you're more serious.

[Cathi 5,795]

To those of you stating her was denied based solely on difference in religion, I do not agree. My husband and I are different religions, I'm Catholic he is Muslim, I am 21 years older divorced with children, he is from a so called T country...we had A LOT of red flags and our process was smooth, not even an RFE at any stage and he is soon to be a citzen There are literally hundreds of couples who come through VJ every year with different religions that are approved with ZERO issues. There is must be another or other reasons for the denial.

[Cathi 5,795]

You mention he's never been to the US before?

That could have played a part? I'm just guessing but I would question why someone was looking to immigrate to a country they've never visited before?

Sorry to hear about the decision though, best of luck to you and your partner!

my husband had never been to the US before, as with the many of couples here the beneficiary as never set foot in the US before. This is definitely not a reason for a denial.

[JFH 12,191]

The education difference could be something. I recently read a thread here where a Mexican beneficiary was denied because of the difference in education level. He was a manual worker who had not been to college and the USC petitioner was a graduate but I can't remember what her job was.

Edited August 13, 2016 by JFH

[Scandi 4,190]

To those of you stating her was denied based solely on difference in religion, I do not agree. My husband and I are different religions, I'm Catholic he is Muslim, I am 21 years older divorced with children, he is from a so called T country...we had A LOT of red flags and our process was smooth, not even an RFE at any stage and he is soon to be a citzen There are literally hundreds of couples who come through VJ every year with different religions that are approved with ZERO issues. There is must be another or other reasons for the denial.

Not saying that religion is the only issue (I don't have any thoughts about this at all tbh), but in your case you guys were at least married. I bet they're a bit more critical when it comes to K-1s.

[farzram 11]

I agree with Scandi, although it's so unfair for it to be another reason of denial- maybe they look at it harder on k1 than being married. I've seen a lot in cases where the beneficiary is Muslim from mostly Muslim country etc and the petitioner is not and they get denied. Not saying that may be the only reason but it can be a reason the stupid CO is feeling the way he/she is feeling about the situation.