K1 interview - Failed

[Annie0913 39]

25 minutes ago, John & Rose said:

What is the age difference?  Were any of the pictures taken at what may look like a wedding ceremony?  When was the last time you were together?  Could the beneficiary be hiding anything?  Has the beneficiary been convicted of a serious crime?

 

It seems to me that the decision was made prior to the interview.  The CO (yes, they are well trained) had specific questions that he was concerned about.  The answers did not seem to agree with information they already knew.  This will stay on the record at DHS and they specifically talk about fraud and misrepresentation.

 

K-1 is probably almost impossible and the CR-1 may be very difficult if there is misrepresentation.  Ask the beneficiary what questions were asked.  I sincerely doubt this was a total surprise to them.  They were not being truthful about something that the CO already knew about.

 

Find out what the questions were about. 

He's a year older than me. Same religion. Never been convicted. No previous petitions or denials. Last time we were together was in Feb for about 3 weeks. That is when we also got engaged. 

There was pics of the engagement present in the folder but the CO still asked him is there any pics of the engagement. Doesn't that mean the CO didn't look in the folder? I don't think my fiance is hiding anything, not that I know of.

[Annie0913 39]

Just now, Annie0913 said:

He's a year older than me. Same religion. Never been convicted. No previous petitions or denials. Last time we were together was in Feb for about 3 weeks. That is when we also got engaged. 

There was pics of the engagement present in the folder but the CO still asked him is there any pics of the engagement. Doesn't that mean the CO didn't look in the folder? I don't think my fiance is hiding anything, not that I know of.

Questions asked:

How did u guys meet? (My aunt)

Where did the aunt stay when she was in Cambodia

Was the house big or small

Where did your fiance grow up

When did your fiance arrive to Cambodia 

When did u get engaged 

Does your fiance speak khmer (I do I'm Cambodian)

What language do you speak to each other

Do you guys talk everyday 

How old is your fiance

How old are you

He said the CO told him to leave and called him back in to tell him that he did not pass. He said the questions were straightforward and he answered it all correctly so the decision was a shock to him 

 

[AnaMolina 567]

7 minutes ago, Annie0913 said:

He's a year older than me. Same religion. Never been convicted. No previous petitions or denials. Last time we were together was in Feb for about 3 weeks. That is when we also got engaged. 

There was pics of the engagement present in the folder but the CO still asked him is there any pics of the engagement. Doesn't that mean the CO didn't look in the folder? I don't think my fiance is hiding anything, not that I know of.

Has your fiance ever been to the US before? Did you guys meet in person more than once? Is his embassy known for being hard on this type of visa?

[AnaMolina 567]

2 minutes ago, Annie0913 said:

Questions asked:

How did u guys meet? (My aunt)

Where did the aunt stay when she was in Cambodia

Was the house big or small

Where did your fiance grow up

When did your fiance arrive to Cambodia 

When did u get engaged 

Does your fiance speak khmer (I do I'm Cambodian)

What language do you speak to each other

Do you guys talk everyday 

How old is your fiance

How old are you

He said the CO told him to leave and called him back in to tell him that he did not pass. He said the questions were straightforward and he answered it all correctly so the decision was a shock to him 

 

This is very weird.. I mean, it looks like the questions weren't very specific at all to get a denial..

[VisaCode 72]

Just a swag, but the question about the house being big or small makes me think the CO was looking for signs of whether your fiance was "remembering" or "fabricating" this random and hard-to-prepare-for question. The other questions were for establishing a baseline against which to compare your fiance's response to the suspected fabrication. Are there any possibly perceived inconsistencies regarding your aunt and what role she played in your introduction?

[caliliving 606]

You have a misrep ban..

 

so did he ever apply for a tourist visa before?? if he did, what did he write down on that??? maybe they consider your 'engagement' to be an actual marriage? was he marreid before and never told you? did he ever claim to be a USC?

 

you did not get denied because they dont believe you are a couple, you got denied for a misrep.

[Annie0913 39]

1 minute ago, AnaMolina said:

This is very weird.. I mean, it looks like the questions weren't very specific at all to get a denial..

Yeah I know he thought he was doing well until the CO called him back and told him he failed. Yes Cambodia is a high risk fraud country but still we have enough evidence to prove a bonafide relationship. She could've at least asked for more evidence if she doubted it and we would  have  plenty to give her but nope she just straight up rejected us without telling us the reason either just that my fiance is lying

 

[Annie0913 39]

2 minutes ago, caliliving said:

You have a misrep ban..

 

so did he ever apply for a tourist visa before?? if he did, what did he write down on that??? maybe they consider your 'engagement' to be an actual marriage? was he marreid before and never told you? did he ever claim to be a USC?

 

you did not get denied because they dont believe you are a couple, you got denied for a misrep.

No he's never applied before. He doesn't even know anyone in the U.S. besides me and my family. Where would they get that indication from I'm so confused. I filled put all the paper work and I'm sure I didn't put anything like that down

[Crazy Cat 41,842]

1 minute ago, caliliving said:

You have a misrep ban..

 

so did he ever apply for a tourist visa before?? if he did, what did he write down on that??? maybe they consider your 'engagement' to be an actual marriage? was he marreid before and never told you? did he ever claim to be a USC?

 

you did not get denied because they dont believe you are a couple, you got denied for a misrep.

I agree.  There is something more serious than the answers to those questions, imo......

[John & Rose 7,239]

19 minutes ago, Annie0913 said:

He's a year older than me. Same religion. Never been convicted. No previous petitions or denials. Last time we were together was in Feb for about 3 weeks. That is when we also got engaged. 

There was pics of the engagement present in the folder but the CO still asked him is there any pics of the engagement. Doesn't that mean the CO didn't look in the folder? I don't think my fiance is hiding anything, not that I know of.

I believe that they may look at the petition prior to the interview in high fraud areas.  There is something in the petition that caught the CO's eye.  Asking about the size of the house makes me think the aunt part of the story may be something that they are questioning.  That is a weird question.

[caliliving 606]

Just now, Annie0913 said:

No he's never applied before. He doesn't even know anyone in the U.S. besides me and my family. Where would they get that indication from I'm so confused. I filled put all the paper work and I'm sure I didn't put anything like that down

find the paperwork.  unless they consider you guys already 'married'. that ban you got is specific to misrep. 

at this point, look over the paperwork and i would suggest getting married and doing the CR1 and see what happens then. 

[John & Rose 7,239]

19 minutes ago, Annie0913 said:

Questions asked:

How did u guys meet? (My aunt)

Where did the aunt stay when she was in Cambodia

Was the house big or small

Where did your fiance grow up

When did your fiance arrive to Cambodia 

When did u get engaged 

Does your fiance speak khmer (I do I'm Cambodian)

What language do you speak to each other

Do you guys talk everyday 

How old is your fiance

How old are you

He said the CO told him to leave and called him back in to tell him that he did not pass. He said the questions were straightforward and he answered it all correctly so the decision was a shock to him 

 

To play devil's advocate, has he ever applied before?  There is something missing.  Do you know him well enough to completely believe he is being honest?  They know something about him that you may not.  Misrepresentation is a serious infraction.  Look at every word in your petition.  Something there raised a red flag to the CO.  

 

A misrep can also impact the CR-1 so if you truly want to be together, I suggest a very good lawyer.

 

CO's do not want to deny petitions.  They need a solid reason to do that because denials will bring more scrutiny to their work.  They need a real reason and they need to be able to back it up.

Edited October 19, 2017 by John & Rose

[Annie0913 39]

1 minute ago, John & Rose said:

To play devil's advocate, has he ever applied before?  There is something missing.  Do you know him well enough to completely believe he is being honest?  They know something about him that you may not.  Misrepresentation is a serious infraction.  Look at every word in your petition.  Something there raised a red flag to the CO.  

What exactly is misrepresentation? Is it my fault then? Since I filled out all the paperwork and put something down that didn't look right? 

[Nitas_man 3,100]

18 minutes ago, Annie0913 said:

He's a year older than me. Same religion. Never been convicted. No previous petitions or denials. Last time we were together was in Feb for about 3 weeks. That is when we also got engaged. 

There was pics of the engagement present in the folder but the CO still asked him is there any pics of the engagement. Doesn't that mean the CO didn't look in the folder? I don't think my fiance is hiding anything, not that I know of.

Give them (the embassy) one chance to respond then fill out a consent form for your congressman's office to discuss the case and email it to your congressman while copying the IV and citizen's services section of the embassy.  Attach their silly letter to the email.

 

You want the email to your congressman to be a politely worded request for his/her office to ask the state department to formally explain what the hell happened yesterday.  You want this in before the ink dries on that letter.  Something's badly wrong if they accused your fiancé of fraud and he did not do anything. 

[usmsbow 801]

11 minutes ago, Annie0913 said:

What exactly is misrepresentation? Is it my fault then? Since I filled out all the paperwork and put something down that didn't look right? 

No, it's not yours. Basically the CO thought your fiance was lying about something. Perhaps how you two know each other, your relationship history, etc. Maybe he applied for a visa previously, but didn't provide that info. Maybe it was some other info on the DS-160 that didn't match his answers or other documentation. 

 

From the line of questioning, it sounds like the CO thought meeting through the aunt was BS. That was a pretty detailed line of questioning IMO. 

 

I'm not familiar with the embassy in Cambodia. Maybe it has a history of high fraud with people claiming romantic relationships through relatives (such as an aunt), so you were just in trouble due to circumstances. Did you two just meet once in person?

 

Edited to add: after quickly skimming the Cambodia reviews on VJ, it sounds like it is a bit of a challenge, at least by SE Asia standards. One reviewer said those who interviewed alone got rejected, while those who had their partners with them were approved. Sounds like a bit of an exaggeration, but it does indicate the embassy is tougher than most... 

 

 

Edited October 19, 2017 by usmsbow