Why did my fiances case got sent back to USCIS after his interview in Kabul?

[geowrian 22,337]

Just now, janet3 said:

In your experience  (and through your knowledge)......is the fiance (petitioner)  being at the interview beneficial? Is there a greater likelihood the visa will be granted (especially in what is considered a "higher fraud" country?

The petitioner being at the interview is considered beneficial.

[OlayemiLoray 172]

That part ^^^^^^^ ....I plan on attending my husband's interview when it comes that time due to the fact that we are dealing with one of the toughest Embassy/Consulate...If you're planning on doing the CR1/Spousal visa be sure to attend the interview when it comes to that time..I feel it is very beneficial for both you and your spouse..Good luck on what you decide to do and your journey!

[Amhara 460]

I don't believe that the fiancée/spouse can attend the interview at the Kabul US embassy.  Visitors are not allowed unless specifically invited on official business.  I don't think I need to provide a reason...

[geowrian 22,337]

15 minutes ago, Amhara said:

I don't believe that the fiancée/spouse can attend the interview at the Kabul US embassy.  Visitors are not allowed unless specifically invited on official business.  I don't think I need to provide a reason...

If not, then you can give your passport to your fiance/spouse and wait outside. He can show the passport at the interview as proof that you are there.

Edited June 11, 2017 by geowrian

[Desertrose9 7]

18 hours ago, geowrian said:

@Ebunoluwa and @EandH0904 have provided some very excellent advice (not to say others haven't as well!). I wish I had more to add, but they covered all the major points.

 

The K-1 will be returned to USCIS and sit there to expire. This is to prevent a P6C1 marker being reviewed and potentially turning into a finding of fraud (which is difficult to overcome). They let the case expire and therefore you are free to refile or file for a CR-1/IR-1 visa.

 

The timeline you've provided likely raised concerns about the legitimacy of the relationship. I'm not implying anything here...just saying what they likely thought. The suggestion to get married and go for a CR-1/IR-1 visa is probably for the best. The extra face time and duration of the relationship should help. If you can be there for the interview as well (or give him your passport and wait outside if they don't allow you in the interview), that would help, too.

Thanks so much! But please help me find out when i can know when the date expires?? Does this mean i must find outt the denial letter reason in order for me to re apply ? 

[Desertrose9 7]

18 hours ago, iwannaplay54 said:

My guess is that if you were still legally married when you filed it might have been concluded that you weren't technically eligible to file in the first place.  See item 1 in the instructions under "who may file."

What did you say under "marital status" in the petition?  The petition asks for a date the marriage ended.  What did you put as that date?

No i was definitely divoced then applied because thats the requirements 

[geowrian 22,337]

Just now, Desertrose9 said:

Thanks so much! But please help me find out when i can know when the date expires?? Does this mean i must find outt the denial letter reason in order for me to re apply ? 

You would have to contact whoever has the petition (USCIS/NVC/embassy) to find out the current expiration date.

 

However, it really doesn't matter when the petition expires because you don't have to wait for it to expire to move forward. The letter you get will not be a "denial" - it will be a notification of expiration of the petition. It will not include the reason for the refusal of the visa. For that, you need to (as described previously) contact the embassy, contact a senator, or submit a FOIA request. The most likely reason, by far, seems to be that they did not believe in the legitimacy of the relationship.

[Desertrose9 7]

17 hours ago, Ebunoluwa said:

Making plans to marry and then actually making the trip, returning home all takes a while. Meanwhile you can try to get the reason through your senator which may happen within 30 days. Other than you pursuing the reason there will be no refusal reason or explanation send to you. 

I don't understand why your lawyer thinks you should wait the 120 days because you simply won't get a letter stating reasons. 

Not happening from USCIS. You can email the embassy and inquire why the visa was refused. 

Your lawyer or you can file a FOIA

which can take a while to hear back. If the reasons are due to your separation / divorce / new relationship issue then filing a new petition (with the final divorce decree of course ) will overcome that. If the reason was that the CO felt you or he isn't genuine about the relationship then that can be overcome with a quality front loaded petition which you should do anyway no matter what the reason. Visit more and stay longer and keep receipts from everything that puts you both in the same place at the same time. 

New photos with you and family. More phone logs and communication. 

If the reason was the appearance of misrepresentation or there was inconsistent data entered in the forms then you will have to overcome it  but you have to know what exactly

to overcome. 

So make your plans to travel and wait for the senator's reply or email from the embassy. Your lawyer could also email them it doesn't matter, they don't care in this situation about a lawyer.

Come back and post the reason if you find out and we go from there.

if they dig in their heels and won't tell you the reason then go and marry and if the next petition is also returned then USCIS WILL SEND you a NOID/NOIR with the REASONS and you submit evidence to rebut the CO's findings.  If USCIC is satisfied with your rebuttal they will reaffirm the CR1 petition and send it again to the embassy with recommendation to approve the visa, the reaffirmation process can take 1 - 2 years. I have given you the ( almost ) worst case scenario but my thoughts are you won't have a problem with your next CR1 petition.  I repeat k1's will have no second chance but will be expired and closed. Should you wait the 180 ( not 120 ) days for the USCIS letter ? No ! For what ? It won't contain the refusal reason. Should you wait for an answer from the senator ? Yes ! Should you wait for an answer for the email(s) you will send the embassy ? Yes ! Should you wait for FOIA ? I wouldn't because it takes a long time, that is up to you. Make plans, set the wedding date, build the relationship and take your time to get an excellent petition together addressing the elusive reasons. One step at a time. 

 

Thanks a million again, so if i book the trip asap and do all the things you said, its still pissible to start a case, sign paper works etc, while im in Kabul? 

[MzJan 18]

My advice is to marry the person and after 120 days have passed then file for CR1 include plenty of pics of both sides of family at wedding. Also take another trip before the actual filing and document that and submit. Included the necessary chat logs Skype logs. You know the drill. They can't refuse you if you marry then wait because you are saying to them by choosing to get married and waiting that the marriage is no sham.

 

I wish you well on this very frustrating journery. You and your loved one will see the light at endnof tunnel.

[Desertrose9 7]

39 minutes ago, geowrian said:

You would have to contact whoever has the petition (USCIS/NVC/embassy) to find out the current expiration date.

 

However, it really doesn't matter when the petition expires because you don't have to wait for it to expire to move forward. The letter you get will not be a "denial" - it will be a notification of expiration of the petition. It will not include the reason for the refusal of the visa. For that, you need to (as described previously) contact the embassy, contact a senator, or submit a FOIA request. The most likely reason, by far, seems to be that they did not believe in the legitimacy of the relationship.

Thank you so much! This sounds great too. My only concern is if i go to Kabul lets say in the next month and get married there then apply for cr1, how could i be sure what the problem of refusal was for my k1 so i wont  get refused again many people here are saying dont start another case and have it being denied again. 

 

Also ive not mentioned another reason could be that my mother also hired the same lawyer she did a k1 as well

she met her fiance there with me and she got a divorce from my father and shortly applied for her fiance as well-

maybe they think this is a hoax and Raised concerns,? In short we all met our lovers but i swear on anything its legitimate! My mothers fiances interview was two days betore mine..She actually was speaking to her lover a year before mine, 

 

ahain i have to know the reason im so

sad

[Lemonslice 4,859]

4 minutes ago, Desertrose9 said:

Also ive not mentioned another reason could be that my mother also hired the same lawyer she did a k1 as well

she met her fiance there with me and she got a divorce from my father and shortly applied for her fiance as well-

maybe they think this is a hoax and Raised concerns,? In short we all met our lovers but i swear on anything its legitimate! My mothers fiances interview was two days betore mine..She actually was speaking to her lover a year before mine, 

Yeah, my first impression is that it is sketchy (and that you ladies are getting paid to help them immigrate). No idea how the consular officer saw it though.  

[iwannaplay54 985]

3 hours ago, Desertrose9 said:

No i was definitely divoced then applied because thats the requirements 

I re-read and saw that.  My mistake.

 

[Ebunoluwa 6,136]

4 hours ago, Desertrose9 said:

Thanks so much! But please help me find out when i can know when the date expires?? Does this mean i must find outt the denial letter reason in order for me to re apply ? 

The petition is valid for 4 months, USCIS sends a letter of expiration to you in about 6 months after they receive it.
You won't know the exact expiration date because you don't know if the embassy ever re validated it while in their processing phase.
Doesn't matter. You should (not must) find out the refusal reason so you can build a good next petition and overcome what the CO

didn't like.
 

[Ebunoluwa 6,136]

4 hours ago, Desertrose9 said:

Thanks a million again, so if i book the trip asap and do all the things you said, its still pissible to start a case, sign paper works etc, while im in Kabul? 

 

That is possible but not advisable and here is why:
You should not rush into the next petition days after the marriage because if you run around rushing everything again

then you will make mistakes in regards to filling out forms correctly, gathering all quality relationship and marriage evidence

and you really should be clear headed and laser focused and take some time after you return home to make an excellent

petition packet.
Getting married can be stressful, gathering everything for the petition can be very stressful. Enjoy time with your future spouse,

take time for a little honeymoon, then come home, rest up, gather the evidence together and take your time filling out the forms.

Take forms for him to sign. Take lots of photos and bring everything back home. What's the rush ?

Think relationship first and immigration second. Packet could also get lost from Kabul to the US.
 

[Ebunoluwa 6,136]

4 hours ago, Desertrose9 said:

Thank you so much! This sounds great too. My only concern is if i go to Kabul lets say in the next month and get married there then apply for cr1, how could i be sure what the problem of refusal was for my k1 so i wont  get refused again many people here are saying dont start another case and have it being denied again. 

 

Also ive not mentioned another reason could be that my mother also hired the same lawyer she did a k1 as well

she met her fiance there with me and she got a divorce from my father and shortly applied for her fiance as well-

maybe they think this is a hoax and Raised concerns,? In short we all met our lovers but i swear on anything its legitimate! My mothers fiances interview was two days betore mine..She actually was speaking to her lover a year before mine, 

 

ahain i have to know the reason im so

sad

I told you in a post before what you can do to find out the reason, please read this thread again, it is a lot of info to take in and

you need to take your time to read and understand what you are reading.

1. Senator

2. Email embassy

3. FOIA

You can't be sure what the refusal reason is, you can only try and hope.
 

As to your mom doing the same thing with a quick divorce and filing a petition is definitely an enormous red flag !
It sounds like you 2 are either being taken for a ride by 2 buddies who want a green card (to the CO's) or that you are
divorcing and to get paid for a sham marriage. This rapid meeting, then divorcing and filing a petition is a definite fraud indicator
on the consulates internal work sheets, I have seen such worksheets.
You overcome this by TAKING YOUR TIME, SLOWING DOWN AND GET SOME TIME BETWEEN EVERY STEP.
It's not that you used the same lawyer, it's that your stories are pretty much the same as mother and daughter.

Was your mother's fiance approved ? How much age difference does she have with her guy ? Were both guys friends
before your mom met her fiance ? Did her fiance know your fiance and introduce him to you ?

Slow down !