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

[IcezMan_IcezLady 582]

2 hours ago, EandH0904 said:

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! 

Ineligible can be used in both cases.

The requirement for the visa category includes establishing proof of legitimate or bona fide relationship. If per CO, the applicant was unable to establish that, then the applicant can be deem ineligible solely based on the requirements.

Then we have the ineligible because the wrong visa category was applied for.

[Dusty B Shah 0]

6 hours ago, Redheadguy03 said:

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

Her fiance is from Pakistan, his interview was in November,  his status never changed from ready for interview, then about a month ago it said "Refused". Im sure they had a reason, but my friend hasn't heard anything, probably won't. She's going to Pakistan next month and they'll get married and apply for a CR1. 

Edited May 10, 2017 by Dusty B Shah

[CAandLI 10]

2 hours ago, EandH0904 said:

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! 

I was born in the US.  I did have a previous marriage through a K1 visa, but that marriage lasted 10 years.  It's really ridiculous that they can deny you and not tell you the reason.  Subsequent emails to the consulate just result in a email template denial.  They won't give any further information.

[geowrian 22,337]

5 hours ago, nightingalejules said:

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

Getting married because the two people want to get married is perfectly fine. It won't make the reason for denial go away...unless that underlying issue is resolved, a CR-1 will also be denied.

 

2 hours ago, EandH0904 said:

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! 

Nope, there's not a difference. A requirement of obtaining a K-1 visa is to show sufficient evidence of a bona fide relationship. Failure to do so makes you ineligible for the visa. If you are eligible for a visa when they complete your case, you will get a visa. They can't withhold a visa for which you are deemed eligible.

[Dusty B Shah 0]

9 minutes ago, geowrian said:

Getting married because the two people want to get married is perfectly fine. It won't make the reason for denial go away...unless that underlying issue is resolved, a CR-1 will also be denied.

 

Nope, there's not a difference. A requirement of obtaining a K-1 visa is to show sufficient evidence of a bona fide relationship. Failure to do so makes you ineligible for the visa. If you are eligible for a visa when they complete your case, you will get a visa. They can't withhold a visa for which you are deemed eligible.

Does the CR1 being denied also count if the case was refused? 

[geowrian 22,337]

55 minutes ago, Dusty B Shah said:

Does the CR1 being denied also count if the case was refused? 

A refusal is a denial.  A rejection would be different as that comes before the decision is made (typically the interview).

[Dusty B Shah 0]

1 minute ago, geowrian said:

A refusal is a denial.  A rejection would be different as that comes before the decision is made (typically the interview).

Right, I just meant if someone is going the CR1 route once their k1 is denied the spousal will still get rejected? 

[geowrian 22,337]

7 minutes ago, Dusty B Shah said:

Right, I just meant if someone is going the CR1 route once their k1 is denied the spousal will still get rejected? 

Refused* (Rejection would be before a final decision is made)

 

Not necessarily. But if the underlying cause of the K-1 refusal is not addressed, then there is no reason for the CR-1 to have a different fate. The eligibility requirements for both visas, besides being married and the Affidavit of Support differences (I-134 vs I-864), are essentially the same. If the cause of the refusal is a lack of evidence showing a legitimate relationship (my suspicion in the OP's case here), then the CR-1 processing time alone is a good opportunity to improve that evidence (especially with face-to-face time).

Edited May 10, 2017 by geowrian

[PRC Rabbit 40]

Perhaps I missed where you mentioned it  but how long was your relationship before the interview?

 

[SugarLai 60]

We all understand how frustrated you would be at this moment. I would say there might be 3 reasons they denied your application,

1. what language your fiance spoke with them during the interview? Because I think if you could not speak Chinese and you two only met 2 weeks before this petition, they would assume this relationship is not real. Because communication is very important in a relationship.

2. You both had marriage before. They would assume all the negative sides of your relationship, so I would say proof them your fiance with your kids relationship would be important as well. Because you two are going to have a family,they would think you two already accepted each other's situation and know about each other very well.

3. Evidence to proof your ongoing relationship. like photos that you with her family,friends and you two took trips together as well as she with your family and friends. I would say that might be more persuasive you two spend enough time with each other.

 

Just summaries that I could think about so far. Good luck!

[SugarLai 60]

15 hours ago, PRC Rabbit said:

Perhaps I missed where you mentioned it  but how long was your relationship before the interview?

 

Hi, May I know do you receive your NOA2?Since I saw your timeline is closer to mine too,we all are nervous now..

[LionessDeon 2,060]

On 5/10/2017 at 9:53 AM, Dusty B Shah said:

Her fiance is from Pakistan, his interview was in November,  his status never changed from ready for interview, then about a month ago it said "Refused". Im sure they had a reason, but my friend hasn't heard anything, probably won't. She's going to Pakistan next month and they'll get married and apply for a CR1. 

K1's are difficult with that embassy.  CR1 will have a better chance.  Hope they build strong marriage evidence.

On 5/10/2017 at 9:59 AM, CAandLI said:

I was born in the US.  I did have a previous marriage through a K1 visa, but that marriage lasted 10 years.  It's really ridiculous that they can deny you and not tell you the reason.  Subsequent emails to the consulate just result in a email template denial.  They won't give any further information.

Work on building stronger relationship evidence and facetime.  Don't just simply go there, get married, and file CR1 immediately.  Build a stronger bonafide relationship case to send in with new filing.  

[CAandLI 10]

On 5/14/2017 at 0:15 PM, PRC Rabbit said:

Perhaps I missed where you mentioned it  but how long was your relationship before the interview?

 

The relationship started 10 months before the interview.  The Visa Officer didn't even look at our WeChat (similar to Skype) records.  It seems he really cared whether my fiance knew all the details about my job.  We've never gotten into the details because my fiance is not technical at all.  So knowing the company, job title, and that I do computer programming were not enough.

[CAandLI 10]

My senator was able to find out the reason for the denial.  "The visa was denied because your fiancé did not have sufficient answers to the officer’s questions, thus causing the officer to believe you do not have a bona fide relationship."

 

I am so disappointed in these Visa Officers.  My fiance did the interview in English and couldn't remember some of the words, such as the programming language I use.  The officer didn't contact me for any clarification of anything and based on the past experience of others, any appeal won't do any good and will just cost more time and money.

 

We will now pursue a CR1.  I expect a 15 month delay for that though (2 months until marriage, 1 month for paperwork, 12 months for approval).  During that time, I'll be making at least 3 more trips to China and I will be there during the next interview even though they won't allow me in the interview (another thing that I feel is stupid about this process).

 

I don't see the statistics anywhere, but I heard that the Guangzhou Consulate denies the most K1's at 22% denial.  The worldwide average is 5%.  They think they are preventing fraud, but they are really just hurting people.

[arken 4,197]

While it's definitely frustrating when one's loved ones are denied a visa, based on what you described, it seems like the officers have legit concerns over your relationship. And please, don't just assume she will get visa easily after marriage. Don't repeat the similar mistakes of not knowing each others details. They expect one to know each n everything about the another even if we think those are not important.

i definitely agree with you to go for spousal visa route, but take this monthslong processing time to discuss each others all aspects (at a minimum everything about each others hobbies, families, addresses, work, education, likes/dislikes) so that in case those things are asked during the interview. People have even been asked how many times they had sex.

good luck.

Edited May 15, 2017 by arken