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

[Cait&Ismet 0]

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.

No. That is not it.

Reading your story makes me tear up. I’m so sorry you had to experience this. I don’t understand how they can treat couples like this. It is incredibly offensive and rude.

My only hope for a second interview is depending on the senator’s involvement.

Do we have to wait to get married and start the CR1 process? Can we get married next month and start asap?

[Cait&Ismet 0]

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.

I am so sorry you are going through the same situation. I never felt so heartbroken. I really hope your situation turns around. Good luck with the FOIA. I will let your know if I ever hear anything from my senator or FOIA request. Most people tell me you don’t get much, but we are not going down without a fight. You can't just deny people and treat them like dirt and not explain why. I will keep you in my prayers. I think we will start the marriage visa process too. I truly believe we both will get through this! Please stay in touch!

[Cait&Ismet 0]

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.

Thanks for sharing. I didn’t think of it from this perspective.

He does speak English. That is the language we have speaking to each other in for 5 years. His English is decent but before you enter the interview you can have a translator and he requested one just in case if the officer decided to ask much more difficult questions. If he would have known they were going to be that simple he probably wouldn’t have had one. But you bring up a good point maybe the translator did mess something up? There are so many unknowns.

My fiancé did some schooling for construction but does not have a bachelor’s degree. I have a bachelor’s degree and I decent 9-5 corporate America kind of job. But like so many others in my age group I have tons of student debt. So it’s not very glamorous I would much rather be traveling the world and living a simple life. I’m thankful for my education and experience. But if anything it is the biggest reason I can’t pick up and move to Europe to live with my fiancé. All of this debt really gives me no other choice. Otherwise, I would have been there by now.

I do understand the socioeconomic point you are making. But most of my family (almost all) work in some type of trade. I am the first to go to college in my family. I know things are different in the US but most trade workers I know live very comfortably. Again, I’m not arguing with you by any means. I appreciate your thoughts. It just kills me that this is the kind of stuff that may have contributed to our denial and I have to get it off my chest.

Thank you for your all your support. We both very much appreciate it!

[Cait&Ismet 0]

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.

That is just so awful. Do you remember if their visa was a K1 or CR1?

[Cait&Ismet 0]

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.

We are deeply in love and so devastated by all of this. To deny someone based on race, religion, and/or education is just discrimination. How do we overcome these difference when we apply for the marriage visa? I don’t know what additional proof we can show to prove we have a bona fide relationship if these are the reasons we were denied. We feel so helpless

Mimolicious – btw I love the home you and your husband recently purchased. That is the kind of style home I would like to get once Ismet and I finally get the opportunity start building our life together.

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.

That is exactly what I was thinking as well. Do you think we will run into the same issues with CR1?

All of these things that can be considered “red flags” are out of our control and have NOTHING to do with our deep love for each other. We just feel so helpless and hurt.

[Ebunoluwa 6,136]

Reading your story makes me tear up. I’m so sorry you had to experience this. I don’t understand how they can treat couples like this. It is incredibly offensive and rude.

My only hope for a second interview is depending on the senator’s involvement.

Do we have to wait to get married and start the CR1 process? Can we get married next month and start asap?

As soon as you know you will not be granted a 2. interview through the senator OR your case has already left the embassy

you can marry and file. There is no waiting period and you don't have to withdraw the K1.

[aa1979 100]

I am trying to think from their perspective and if I want to find reasons to reject the VISA based on what you provided. I would think the following would be some reasons or ideas to reject:

Could the fact that there was an interpreter be a factor? Is it OK to have one or is that a point against you two in the sense that you both have no common solid language? I can also see how some of the answers could be taken as that he does not know you really well, such as your major in school (the CO could mark that as a wrong address) or when your fiancee was asked about your exact address (that could also be marked as an off point). What did your fiancee study in college? I am just trying to think of other reasons so that you may try to tackle all that in the future!

[Harpa Timsah 13,258]

We are deeply in love and so devastated by all of this. To deny someone based on race, religion, and/or education is just discrimination. How do we overcome these difference when we apply for the marriage visa? I don’t know what additional proof we can show to prove we have a bona fide relationship if these are the reasons we were denied. We feel so helpless

You are not being denied for race or religion. Each couple has to prove to the officers that their relationship is not solely for immigration purposes. In other words, they need to show that they make sense as a couple, that without the visa in the mix they would still be a couple. Every case is judged on its individual merits, so it is impossible to make generalizations that stick in all instances, but for instance, I don't think a 70-year-old woman and a 20-year-old man make sense as a couple in most cases. If we see one country or one area where suddenly all the 20-year old men are in love with 70-year-old women who also happen to be American, then the consulate will suspect something is amiss. Any couple can go against societal norms, but they need to convince the CO that they make sense.

It seems like your fiance failed to do this, but it seems to me like something is missing from the story.

BTW, if they suspect a "lonely hearts" scam then it means that they believe you are in love with him, but they do not believe he is in love with you. I am still not clear on if that is what they suspect; you'll have to judge with your evidence what picture they paint. But the way you use "we" like you are experiencing the same emotions is strange to me.

Good luck to you.

[FOSSLGRL 63]

All I can say is that my heart breaks for you two and I am very sorry that they are making it extra difficult for you. I wish you all the best.

[Limey 551]

I feel for you, it must be awful to wait so long, get to that stage and then get denied.

I'd have thought that if there was an issue that made them suspicious about whether it was genuine or not, they'd have focused questions around that specific area to probe it - from the questions you included, I can't see how such a decision should be made, and they didn't seem to be probing a specific issue. To me there seems to be a few things from what you've stated that would count in your favour

1) you originally met in person, while you were studying there. If he was trying to use you for the passport its much easier to troll for potential partners on the internet than happen to meet someone in person. I'd have thought therefore that relationships where the parties originally met in person are much less likely to involve fraud (before anyone gets offended, I'm not suggesting internet relationships are bad, just that they would be the easiest choice for someone whose primary purpose is immigration). Just my guess, but I have no figures on that.

2) You said you've visited several times since. Again, someone primarily motivated by immigration isn't going to wait around for you to make several visits

3) you said you met several years ago - as above, if he's just after a passport and its not genuine, he's playing a long game.

As such, I'd be as mystified as you - it seems very cruel to deny you in those circumstances without really probing whatever they are suspicious about, presenting you with their thoughts and giving you the opportunity to rebut them.

[Cait&Ismet 0]

As soon as you know you will not be granted a 2. interview through the senator OR your case has already left the embassy

you can marry and file. There is no waiting period and you don't have to withdraw the K1.

Thanks for the guidance!

When my attorney emailed the consulate they made it clear that they are sending it back to USCIS. I will give the senator 1-2 weeks to get back to me. I got the generic “we appreciate your email…” response. I have a feeling that they may help provide more detail on the case but they will let the case expire.

We front loaded our application last time, but this time around this is what I am thinking of providing. What do you think? Is there anything I am missing?

Old and new photos (including date stamps and skype screenshots with family), videos, travel receipts, visa stamps, boarding pass, hotel receipts, marriage cert, Skype logs, Viber logs, notarized letter of support from family and friends, proof of family interaction, emails between close family members, ring receipt, wedding dress receipt.

I also plan to visit him for 3 weeks in September and 2-3 times in between our marriage in Kosovo and his interview at the embassy. This time I will be attending the interview with him.

[Cait&Ismet 0]

I feel for you, it must be awful to wait so long, get to that stage and then get denied.

I'd have thought that if there was an issue that made them suspicious about whether it was genuine or not, they'd have focused questions around that specific area to probe it - from the questions you included, I can't see how such a decision should be made, and they didn't seem to be probing a specific issue. To me there seems to be a few things from what you've stated that would count in your favour

1) you originally met in person, while you were studying there. If he was trying to use you for the passport its much easier to troll for potential partners on the internet than happen to meet someone in person. I'd have thought therefore that relationships where the parties originally met in person are much less likely to involve fraud (before anyone gets offended, I'm not suggesting internet relationships are bad, just that they would be the easiest choice for someone whose primary purpose is immigration). Just my guess, but I have no figures on that.

2) You said you've visited several times since. Again, someone primarily motivated by immigration isn't going to wait around for you to make several visits

3) you said you met several years ago - as above, if he's just after a passport and its not genuine, he's playing a long game.

As such, I'd be as mystified as you - it seems very cruel to deny you in those circumstances without really probing whatever they are suspicious about, presenting you with their thoughts and giving you the opportunity to rebut them.

Thank you for playing devil’s advocate and thinking our case through. Your thoughtful response and support means so much! It is such a strange situation. I agree with all the points you made. From what I’m gathering, they are going to let our k1-visa petition expire. Administrative processing will probably go on forever. I’m going to give it a few weeks and if we don’t hear anything we are going to take the CR1 route. I’m so confused by all of this. Thanks again for your insight!

[Cait&Ismet 0]

All I can say is that my heart breaks for you two and I am very sorry that they are making it extra difficult for you. I wish you all the best.

Thank for the kind words and support. Fingers crossed some luck comes our way!

[Ebunoluwa 6,136]

Thanks for the guidance!

When my attorney emailed the consulate they made it clear that they are sending it back to USCIS. I will give the senator 1-2 weeks to get back to me. I got the generic “we appreciate your email…” response. I have a feeling that they may help provide more detail on the case but they will let the case expire.

We front loaded our application last time, but this time around this is what I am thinking of providing. What do you think? Is there anything I am missing?

Old and new photos (including date stamps and skype screenshots with family), videos, travel receipts, visa stamps, boarding pass, hotel receipts, marriage cert, Skype logs, Viber logs, notarized letter of support from family and friends, proof of family interaction, emails between close family members, ring receipt, wedding dress receipt.

I also plan to visit him for 3 weeks in September and 2-3 times in between our marriage in Kosovo and his interview at the embassy. This time I will be attending the interview with him.

Videos will NOT be acceptable. Tell your story with communication and photos from the beginning to current, highlight

visits, special events etc. The evidence must tell your story, neatly organized in categories. Quality not mere fillers.

If he owns land have him add you to the property papers.

You can take out a small insurance policy (about $25 a months) and list him as beneficiary and vice versa.

File taxes and submit them later, married filed jointly.

If it is possibly have him add you to his bank account.

Think about how you can co mingle evidence once married.

I know how you both feel, it is a terrible let down but you can only go forward from here.

From what you posted you sound like a genuine couple.

Best wishes.

[linacakes 0]

My fiance is from Kosovo.. his interview should be within the next month or two. Your situation is concerning us. Hope we won't be faced with this same person who denied a couple of 5 years...