K1 denial

[ConOfficer 167]

5 hours ago, Ben&Zian said:

It is believed, and to a degree proven, that CO's make their decision before the interview even begins. They review the I-129F petition before hand and generally make their decision regardless of any other evidence. So front loading, with 1-2 more trips definately would be beneficial.

I can't speak for every officer or every consulate, but I don't agree with this. Most officers don't look at the petitioner or the relationship evidence until they've called the applicant up to their window. That's not to say that there can't be something on the face of the petition that is so bizarre that the officer will go into the interview with a negative impression (extreme age difference, many divorces, recent visa refusals where the applicant suspect reasons for wanting a visa). 

 

Evidence is important, but just because people get together and take some pictures doesn't mean the relationship is legit.

 

I also don't see the benefit of "front loading." USCIS will approve anything, and the consular officer doesn't care whether proof of relationship evidence is attached to the petition or if the applicant brings it in on the day of their interview. 

[geowrian 22,338]

6 hours ago, Sietta Karneh said:

It's so disappointing, but I'm praying for the better, our relationship is very real, I wished I had hired an attorney, I had no idea how difficult this could be, I thought I could do it on my own, this has caused us a delay to start our lives together, got be thinking about giving up, because he's waited for me all this time just to be let down. I appreciate ur input, it means a lot.

It doesn't sound like you did anything "wrong" with the petition or visa. An attorney wouldn't have done you any good unless you got a really ethical one that just told you to get more evidence of a relationship before filing. Don't beat yourself up over what has happened. Get more evidence, maybe get married (your decision) and try again.

[Sietta Karneh 1]

Just a year difference in age, n I can't move overseas right now, I'm raising two kids here, also have a dad that's disabled n being taken care of at home.

[Sietta Karneh 1]

7 minutes ago, geowrian said:

It doesn't sound like you did anything "wrong" with the petition or visa. An attorney wouldn't have done you any good unless you got a really ethical one that just told you to get more evidence of a relationship before filing. Don't beat yourself up over what has happened. Get more evidence, maybe get married (your decision) and try again.

Thanks I filed for him two weeks after returning to the US, I'm thinking now maybe I should've waited before filing, but I had no idea.

[Sietta Karneh 1]

25 minutes ago, ConOfficer said:

I can't speak for every officer or every consulate, but I don't agree with this. Most officers don't look at the petitioner or the relationship evidence until they've called the applicant up to their window. That's not to say that there can't be something on the face of the petition that is so bizarre that the officer will go into the interview with a negative impression (extreme age difference, many divorces, recent visa refusals where the applicant suspect reasons for wanting a visa). 

 

Evidence is important, but just because people get together and take some pictures doesn't mean the relationship is legit.

 

I also don't see the benefit of "front loading." USCIS will approve anything, and the consular officer doesn't care whether proof of relationship evidence is attached to the petition or if the applicant brings it in on the day of their interview. 

Thanks so much for ur input, I'm just brainstorming on what to do next.

[Yan_Inna 32]

2 hours ago, caliliving said:

are you much older then him? the religious difference and country makes this a very hard and difficult case. one visit, for 3 weeks over a year ago. how well do u really know him?  maybe u should move there for a bit. 

It doesn't matter if it was 1 visit or 100. Instructions state that  you should see each other's in person in a period of two years. That's all. It doesn't say how many times you have to meet each other. Moving to another country and living there? Really? No offense, but who has time for that. What about a job? The denial most likely has to do with the interview itself. I read on here that someone got denied just for calling their fiancé a boyfriend.....

[Boiler 45,922]

2 minutes ago, Yan_Inna said:

It doesn't matter if it was 1 visit or 100. Instructions state that  you should see each other's in person in a period of two years. That's all. It doesn't say how many times you have to meet each other. Moving to another country and living there? Really? No offense, but who has time for that. What about a job? The denial most likely has to do with the interview itself. I read on here that someone got denied just for calling their fiancé a boyfriend.....

There is usually an obvious answer, and in this case a single visit of 3 weeks would be more than sufficient for a denial. Which is not to say there are not other issues. At least two have been alluded to.

[geowrian 22,338]

5 minutes ago, Yan_Inna said:

It doesn't matter if it was 1 visit or 100. Instructions state that  you should see each other's in person in a period of two years. That's all. It doesn't say how many times you have to meet each other. Moving to another country and living there? Really? No offense, but who has time for that. What about a job? The denial most likely has to do with the interview itself. I read on here that someone got denied just for calling their fiancé a boyfriend.....

That's the requirement to be eligible to file. That said, in many circumstances, only 1 in-person meeting is insufficient to prove a bona fide relationship to the CO. Each embassy is different...some are very strict like that. One visit in the last 2 years is the minimum.

 

Other embassies are fine with that. Or an abundance of other means of contact may sway the CO to believe the relationship is legitimate. Or maybe it was something said/not said at the interview. Either way, more face time should help the OP's case.

Edited January 31, 2017 by geowrian

[Yan_Inna 32]

5 minutes ago, geowrian said:

That's the requirement to be eligible to file. That said, in many circumstances, only 1 in-person meeting is insufficient to prove a bona fide relationship to the CO. Each embassy is different...some are very strict like that. One visit in the last 2 years is the minimum.

 

Other embassies are fine with that. Or an abundance of other means of contact may sway the CO to believe the relationship is legitimate. Or maybe it was something said/not said at the interview. Either way, more face time should help the OP's case.

You're right, it all depends on a person doing the interview. But realistically not everyone can visit other country often. Most jobs will let you go on vacation for a week. One week is not enough. When I go to Ukraine I need at least 2 weeks because it takes just 2 day to get to he city I am from and 2 days back. So 1 week is not enough. But I see your point as well

[caliliving 606]

42 minutes ago, Yan_Inna said:

It doesn't matter if it was 1 visit or 100. Instructions state that  you should see each other's in person in a period of two years. That's all. It doesn't say how many times you have to meet each other. Moving to another country and living there? Really? No offense, but who has time for that. What about a job? The denial most likely has to do with the interview itself. I read on here that someone got denied just for calling their fiancé a boyfriend.....

it absolutely matters! the consulate gambia is a hard one, and having only 1 - 3 week visit is not sufficient for a visa.

ukraine is much easier.. same with the philipines, most vwp countries.. sorry, but you have to look at the consolate for your country, not just base it off of other peoples k1s. 

1 visit from that sufficient country in 2 years is not strong enough for a k1. period. so either they need to have longer visits and more of them, or she needs to think about immigrating there.  another 2 week visit is probably not going to make a difference. 

[Yan_Inna 32]

1 hour ago, caliliving said:

it absolutely matters! the consulate gambia is a hard one, and having only 1 - 3 week visit is not sufficient for a visa.

ukraine is much easier.. same with the philipines, most vwp countries.. sorry, but you have to look at the consolate for your country, not just base it off of other peoples k1s. 

1 visit from that sufficient country in 2 years is not strong enough for a k1. period. so either they need to have longer visits and more of them, or she needs to think about immigrating there.  another 2 week visit is probably not going to make a difference. 

I guess you're right, different consulate, different rules.

[David&Femke 91]

I am speculating here, but I think in the current political climat they might not like the fact that he is moslim, and just use lack of efidence as the reason, because that is up to the oficer discresion to give that as a reason.

[caliliving 606]

Just now, David&Femke said:

I am speculating here, but I think in the current political climat they might not like the fact that he is moslim, and just use lack of efidence as the reason, because that is up to the oficer discresion to give that as a reason.

no, it has nothing to do with the political climate. its the consulate.. if you read the consolute specific board it is a very VERY hard place to get a k1 from. it has nothing to do with what is going on in the world now and his denial was before this trump ban.

 

as a canadian i was asked 1 question, other countries are asked much more (how many canadians have been denied a k1 or given a stokes interview?). it absolutely depends on the embassay you are applying to.  read specifically how they got a k1/cr1 and what was needed.  

[geowrian 22,338]

1 minute ago, David&Femke said:

I am speculating here, but I think in the current political climat they might not like the fact that he is moslim, and just use lack of efidence as the reason, because that is up to the oficer discresion to give that as a reason.

Maybe, but that's a suggestion that the CO is going outside of policies. He could also deny somebody simply because they're taller than he/he is. We can speculate all day.

[LionessDeon 2,060]

4 hours ago, ConOfficer said:

I can't speak for every officer or every consulate, but I don't agree with this. Most officers don't look at the petitioner or the relationship evidence until they've called the applicant up to their window. That's not to say that there can't be something on the face of the petition that is so bizarre that the officer will go into the interview with a negative impression (extreme age difference, many divorces, recent visa refusals where the applicant suspect reasons for wanting a visa). 

 

Evidence is important, but just because people get together and take some pictures doesn't mean the relationship is legit.

 

I also don't see the benefit of "front loading." USCIS will approve anything, and the consular officer doesn't care whether proof of relationship evidence is attached to the petition or if the applicant brings it in on the day of their interview. 

This completely depends on the consulate. You don't have a country listed on your profile. 

 

OP,  please research The Gambia portal. Please read The Gambia embassy reviews. Please pay attention to the advice from those that are familiar with African consulates. They can be very difficult and frontloading is a must. Face time is necessary.  Significant relationship evidence is warranted.  You didn't need a lawyer you just needed to be better prepared with more research prior to filing. This phase on the process can vary by embassy. You will not get a chance to send more evidence. K1s are left to expire.  Please review again with your fiancé the entire interview and questions and statements the IO presented. That will give you clues as to what you need to overcome in your next filing.