K1 denied after interiew - how to find out the reason?

[CAandLI 10]

21 minutes ago, ShanghaiSurfer said:

Did she present the certificate from the Chinese Bureau which states she is single? That's the only thing I can think of since you didn't mention this certificate. Sorry I forget the name of the bureau. If not then my money is on this certificate.

Yes, she had the certificate.  We had the paperwork reviewed by a lawyer and nothing was missing.  Also, shouldn't they give an RFE rather than a denial if you are missing something?

[Ebunoluwa 6,136]

18 minutes ago, CAandLI said:

Yes, she had the certificate.  We had the paperwork reviewed by a lawyer and nothing was missing.  Also, shouldn't they give an RFE rather than a denial if you are missing something?

Happens a lot with K1's because the CO has discretionary powers to refuse the visa if in his judgement (discretion) the relationship

is not a strong one, lacks bona fide evidence (in his view) or is for immigration benefits only.
It was the overall perspective he had of your relationship and her lack of knowing your job, developing a relationship with

your kids for example.
It is not that a document is missing in which case she would have received a 221g and gone back for another interview
with missing documents. In the case where the finding is a general lack of bona fide relationship you only had this one shot
for this interview.

[Ben&Zian 4,398]

Definately sounds like perhaps the lack of relationship to the kids could have played into it, the asking about the job may merely have been a technicality and leverage for a denial. 

 

China is not easy to go through from my own understanding, 2 weeks total time may not have shown enough to the CO to prove strong enough in sense of the relationship.

[Suss&Camm 2,213]

6 hours ago, CAandLI said:

We have met 2 times, for 1 week each time.  We also us WeChat everyday morning and evening for audio, text, and video chats.

 

Evidence presented: Airline boarding passes, hotel receipts, passport stamps, 50 pages of WeChat screenshots, letter from beneficiary stating why she wants to marry me, and 25 photos

 

This might be a dumb question but since you didn't mention it, did you also supply letter of intent from you?

[CAandLI 10]

3 minutes ago, Suss&Camm said:

This might be a dumb question but since you didn't mention it, did you also supply letter of intent from you?

Yes, we both had letters of intent.

[geowrian 22,337]

The issue wouldn't be a missing document...they would just issue a 221g and put it into AP pending the documents. Nobody can say for sure as to the cause, but it's most likely the CO not believing the relationship is legitimate. It's a rough embassy, and the provided evidence you noted was a little on the light side for that embassy, but a denial is still surprising.

 

How many times did you meet in person? For how long? Face time does matter.

 

Please keep the thread updated. I hope you get some answers.

[Allie D 39]

11 minutes ago, geowrian said:

How many times did you meet in person? For how long? Face time does matter.

The OP mentioned that they had met twice, for a week each time.

[geowrian 22,337]

16 minutes ago, Allie D said:

The OP mentioned that they had met twice, for a week each time.

Missed that, thanks. Yeah, only 2 weeks of total face time was probably a factor as well.

[sparkles_ 456]

Even if they don't allow you to show up in the interview room, go if you manage to get a second interview and give her your passport to take inside with her as proof you are there. I've heard of many couples doing this and apparently it helps.I hope your congressman gets you some answers

[Jawaree 718]

Getting married does not cause the denial to go away , it has to be

addressed & rectified on either petition, if they feel the relationship 

is not bonafied then  collect more evidences

[Dusty B Shah 0]

I have a friend that was refused on their k1, no reasoning either, they are just going to get married & reapply. Good luck. 

[Redheadguy03 505]

4 hours ago, Dusty B Shah said:

I have a friend that was refused on their k1, no reasoning either, they are just going to get married & reapply. Good luck. 

What country are they from? They don't just deny you for no reason. 

[nightingalejules 678]

1 hour ago, Redheadguy03 said:

What country are they from? They don't just deny you for no reason. 

Well, that's sort of true. They don't deny for no reason, but sometimes it seems like the reason is just in the head of the consular officer. K1s can be difficult to get, since they have been used historically as a way to get around immigration rules - green card marriages. 

Given that OP and fiancee have each been married multiple times before, my guess is that that is the "reason." Especially since OP's previous marriage was also a K1. 

Best course, I think, is just to forget about the K1, get married and file CR1.

[RandyW 149]

20 hours ago, CAandLI said:

Our K1 Visa was denied after the inteview.  We are both baffled as to the reason.  I'm told that an appeal can be filed within 33 days, but I'm worried the USCIS still may take months to send us a letter (and even then, I'm not sure they specify the reason).  After the interview, my fiance was handed a paper that said:

 

"After the interview and a thorough review of your visa application, the consular officer found that you are not eligible for the visa category in which you are applying.  The fiancé/fiancée petition (Form I-129F) your petitioner filed on your behalf will be returned to U. S. Citizenship and Immigration Services (USCIS).  Once it has been returned, the Consulate General no longer has jurisdiction over this case. If you or your petitioner contacts the Consulate, no specific information will be provided nor will additional documents be accepted."

 

Through an online form, we asked the Consulate for the reason.  They replied with the exact same words as above.  Does anyone know how we can find out the specific reason for the denial?  We are both sick of waiting and don't know what to do next.

 

The Consulate is simply engaging in double/triple-speak to avoid telling you why your relationship was determined to be non-bona fide.

 

This won't help those who want an actual reason for the denial. It's too easy for them to simply say "212( g )" or 5A, "under Section 5A of the INA". Documents from GUZ have referred to Section 212( a )5( A ) as this Section 5a:

 

Quote

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

 

Kind of circular reasoning there to deny a visa that was applied for because he/she is not eligible for a different category that was NOT applied for. 

[EandH0904 1,184]

21 hours ago, CAandLI said:

"After the interview and a thorough review of your visa application, the consular officer found that you are not eligible for the visa category in which you are applying.  The fiancé/fiancée petition (Form I-129F) your petitioner filed on your behalf will be returned to U. S. Citizenship and Immigration Services (USCIS).  Once it has been returned, the Consulate General no longer has jurisdiction over this case. If you or your petitioner contacts the Consulate, no specific information will be provided nor will additional documents be accepted."

 

I think there's a difference between a denial for something like lack of a bonafide relationship and being "not eligible" - OP - were you born in the US? I know someone who was not born here but came here as a child and something was just weird about her immigration papers and so she was "not eligible" - maybe its something that you don't know about or are just overlooking - I hope you can find out what this is! It must be so frustrating for you!