My Fiancee Was Refused a K1 Visa

[hlbarney 3]

Follow their instructions. Have her submit the requested evidence, and have her practice her confidence for her second interview. See how the second one goes, maybe she will get it. You need to just follow whatever advice/hints the denial or 221G or whatever they gave you in order to still potentially get the K1. After all those options are exhausted, you can try again for K1 visa with stronger evidence/probably another visit would be a good idea too and affidavits from friends and family that can be notarized. Otherwise yes, a CR1 could also be applied for after you marry her. 

[Unlockable 7,316]

People think sending small sums to a person of interest in another country is not that significant.

 

In my wife's country they have a phrase "Western Union girls". These are women in online relationships with multiple people, sometimes all over the world, that receive monthly allowances. If they can get $50 from 10 different people, that is $500 which is a lot in her country.

 

But we have seen many cases here where sending money to an immigrant had a negative effect to their case. We know it is normal to want to help out a loved one. Sometimes the CO wants to make sure all is well.

[TransAtlanticLove 31]

Aww sorry to hear. I hope it gets sorted quickly.

 

I'm assuming they want to know if you sent her money, etc. They did this to my friend when he wanted to bring over his fiance from Cambodia. She got rejected the first interview and asked to come back with more proof. If you have emails, birthday cards, or letters to each other those are good proof of a relationship outside of chat logs.

 

We're all here if you need anything that we can help with.

 

Good luck!

[Willallen25 7]

Thank you everyone. I have another question. 

She lives in Haiti, and her phone can call me for free, but it's only certain amount of credits for international calls. For me of course it isn't free. This is why we use Whatsapp. I'm thinking if she screen shot each call showing my name, the times, the dates, and length of calls to use as most of the call history that would be fine. Is that ok? Has anyone used Whatsapp call logs as call history?

[LionessDeon 2,060]

7 minutes ago, Willallen25 said:

Thank you everyone. I have another question. 

She lives in Haiti, and her phone can call me for free, but it's only certain amount of credits for international calls. For me of course it isn't free. This is why we use Whatsapp. I'm thinking if she screen shot each call showing my name, the times, the dates, and length of calls to use as most of the call history that would be fine. Is that ok? Has anyone used Whatsapp call logs as call history?

Yes there is an option to email yourself the chat logs.

[Willallen25 7]

Yes, we have the chat history. How about the call logs? I can email them as well?

[jakelake 222]

On ‎5‎/‎22‎/‎2017 at 4:58 PM, geowrian said:

Money transfers don't show evidence of a relationship. People trying to commit immigration fraud can do it just as easily as those in a legitimate relationship. Financial commingling does (being on joint accounts, having bills together, etc.), but one-way money transfers don't.

 

The affidavit is for the public charge concern, not anything to do with fraud. I think you're looking at this only in the positive case - of course a real fiance/spouse would want to help out financially (and that's fine). But there's also the negative test that the COs will look for - a scammer using a USC. Try looking at it from both angles as the COs are there not only to issue the visa, but to protect the petitioner. One-way payments don't prove a relationship.

 

But yeah, just providing some support isn't an issue. But, for instance, sending 3x the average local salary every month may raise some concerns that it's not actually for just the purposes stated in the interview (I'm assuming the payments were mentioned in the interview because requesting receipts is not the norm). It's all about the details and context. If things check out, it should be fine.

It would really be a red flag if the beneficiary was the one sending money to the petitioner.

[Michelle & Jessie 51]

18 hours ago, jakelake said:

It would really be a red flag if the beneficiary was the one sending money to the petitioner.

Ok, so it would raise a red flag if the petitioner sends money to the beneficiary for fear of him/her using the petitioner for money.

 

Now, it would also raise a red flag if the beneficiary was the one sending money to the petitioner? So either way, financial support in either form will raise issues. What if the beneficiary is earning more than the petitioner?

[Horus 6]

2 hours ago, Jesus & Michelle said:

Ok, so it would raise a red flag if the petitioner sends money to the beneficiary for fear of him/her using the petitioner for money.

 

Now, it would also raise a red flag if the beneficiary was the one sending money to the petitioner? So either way, financial support in either form will raise issues. What if the beneficiary is earning more than the petitioner?

The reason why it would be a big flag is because it would seem that the beneficiary is paying the petitioner to file the visa for her.

 

In our case, I made sure that when I wanted to send savings to my fiance's bank account in the states, I would send it first to my mom (who currently lives in the states) who would then give it to his mom in person, who would then put it in his bank account. We're both working here in Cambodia and we have a bank account here under my name but we wanted to put our savings in his bank account back in the states so we wouldn't be tempted to touch it.

 

If my mom was depositing the money in his bank, it would seem that my mom or myself was paying my fiance for the visa to get me to the US.

[jakelake 222]

3 hours ago, Jesus & Michelle said:

Now, it would also raise a red flag if the beneficiary was the one sending money to the petitioner? So either way, financial support in either form will raise issues. What if the beneficiary is earning more than the petitioner?

A red flag is something out of the ordinary. It does seem very strange that someone who is looking to come live in the US is sending money to the petitioner.

That does not necessarily means that something illegal is going on. However, the petitioner and beneficiary will have to prove that it is a legitimate relationship.

Having said that, the vast majority of cases where a beneficiary sends money to a petitioner involves fraud.

 

 

[geowrian 22,338]

6 hours ago, Jesus & Michelle said:

So either way, financial support in either form will raise issues. What if the beneficiary is earning more than the petitioner?

Financial support isn't a cause for denial or even a red flag. The red flag comes into play when the support is without a reasonable explanation. If the petitioner is working, but the beneficiary is regularly sending enough money to live on, then something is probably up (i.e. paying for benefits). If the petitioner is regularly sending 3x the monthly salary in the beneficiary's country, then something is probably up (i.e. being used/scammed by the petitioner). They're looking for activity out of the ordinary.

[Smooch-Esther 8]

On 5/22/2017 at 10:09 PM, Willallen25 said:

Big relief. She was denied for the call receipts as well as Money Transfer receipts. The Embassy kept everything, gave her back her passport and told Her She can send the missing Documents in and then they will call her for another interview. 

That's what happened to me also. I didn't bring my marriage cert coz i thoughy they dont need it anymore since i brought the divorce decree already. They also asked for my son's birth certificate which is the additional req. So they kept my papers and handed me back all the originals including my passport. I gathered the missing documents right away and sent it to their office the next day. The day after that, they called and asked to drop my passport at window 2. No second interview anymore. By the way, all my chat logs and call logs were from whatsapp only. They didn't question me. Well, we're in different consulate anyway.

 

Just provide what they asked as soon as possible. Don't lose heart. God bless. 

[Willallen25 7]

Great news everyone, She got it!! She didn't have to go again. Very happy and relieved. Now I'm waiting for her. Thank you all for the assistance, responses, and support. God Bless You All. 

[Austin 25]

1 hour ago, Willallen25 said:

Great news everyone, She got it!! She didn't have to go again. Very happy and relieved. Now I'm waiting for her. Thank you all for the assistance, responses, and support. God Bless You All. 

Wow 

Congrats 

Tell us what happened 

[Willallen25 7]

25 minutes ago, Austin said:

Wow 

Congrats 

Tell us what happened 

Thanks a lot. She submitted the corresponding documents, and we made sure to use great detail. She kept receipts when I sent her money. She submitted them, I gave the 6 transaction receipts and notifications I had. We did screen shots of all of our WhatsApp calls in full detail. I printed out phone calls from Verizon she used her credits on to call me. She sent them to the Embassy via DHL for free. We were patient and checked the tracking daily. She received an email Friday and it was her Passport, it was on the way to her. She picked it up the next day and in it was the Visa. It lists everything including my name as the petitioner, the expiration date, the date issued, and on the outside the date she should travel before. Very happy and relieved too. 

Edited June 27, 2017 by Willallen25