K1 interview - Failed

[Nitas_man 3,100]

7 minutes ago, Annie0913 said:

I just spoke with the consulate General and she said she isn't able to discuss my case over phone. Any questions I will have to email them (which i did this morning when I first found out about the rejection) they will get back to me in 3 business days.

Should I wait to see their response or should I call my senator now?

I would have had a caseworker, a signed waiver, and an email loop open between you, the congressional office, and the embassy before the CO woke up and had morning coffee.  Do it now.

Edited October 20, 2017 by Nitas_man

[Annie0913 39]

15 minutes ago, Nitas_man said:

I would have had a caseworker, a signed waiver, and an email loop open between you, the congressional office, and the embassy before the CO woke up and had morning coffee.  Do it now.

A caseworker? A signed waiver? I'm sorry but I'm not familiar with how I can obtain these 

[Nitas_man 3,100]

9 minutes ago, Annie0913 said:

A caseworker? A signed waiver? I'm sorry but I'm not familiar with how I can obtain these 

They will tell you about it when you call or drop by.  It's standard practice.  When you open a case at your congressional office they ask you to sign a waiver giving them permission to discuss the case with DOS on your behalf.  It's just a one page form.  They can't/won't do anything without that waiver. 

Every congressional local office has staff members who specialize in different issues - ranging from federal benefits to immigration.  You will get a "caseworker" from his/her staff who specializes in immigration and that is the person who will follow up for you.

 

Edited October 20, 2017 by Nitas_man

[Ebunoluwa 6,136]

5 minutes ago, Annie0913 said:

A caseworker? A signed waiver? I'm sorry but I'm not familiar with how I can obtain these 

Case worker = senator's immigration aide.

Signed waiver = privacy release so the senator's office can inquire on your behalf (see senator's web site), fill out, sign, send or fax.
Sometimes it is hard like pulling teeth to get the reason out of the embassy.
They may say they can not say because it will violate the beneficiary's privacy and sometimes they will inform the senator's liaison.

[Annie0913 39]

4 minutes ago, Ebunoluwa said:

Case worker = senator's immigration aide.

Signed waiver = privacy release so the senator's office can inquire on your behalf (see senator's web site), fill out, sign, send or fax.
Sometimes it is hard like pulling teeth to get the reason out of the embassy.
They may say they can not say because it will violate the beneficiary's privacy and sometimes they will inform the senator's liaison.

Ok I will have to follow up tomor morning. Thank u guys so much 

[Nitas_man 3,100]

4 minutes ago, Ebunoluwa said:

Case worker = senator's immigration aide.

Signed waiver = privacy release so the senator's office can inquire on your behalf (see senator's web site), fill out, sign, send or fax.
Sometimes it is hard like pulling teeth to get the reason out of the embassy.
They may say they can not say because it will violate the beneficiary's privacy and sometimes they will inform the senator's liaison.

It seems the teeth pulling has started.  No reason for the embassy to not address this directly with the USC petitioner.

[Annie0913 39]

6 minutes ago, Nitas_man said:

They will tell you about it when you call or drop by.  It's standard practice.  When you open a case at your congressional office they ask you to sign a waiver giving them permission to discuss the case with DOS on your behalf.  It's just a one page form.  They can't/won't do anything without that waiver. 

Every congressional local office has staff members who specialize in different issues - ranging from federal benefits to immigration.  You will get a "caseworker" from his/her staff who specializes in immigration and that is the person who will follow up for you.

 

Ok I will get the waiver tomr morning. Thank you 

[Nitas_man 3,100]

1 minute ago, Annie0913 said:

Ok I will get the waiver tomr morning. Thank you 

Best of luck to you guys!

[Ebunoluwa 6,136]

Let us know what happens !

[bakphx1 789]

How long have you known him?  There's a chance he has a something in his past that they know but he's not telling you. 

[caliliving 606]

1 hour ago, Annie0913 said:

Ok I will get the waiver tomr morning. Thank you 

By the looks of your picture, you guys seem like a 'normal' couple. you are both the same ethnicity, you both speak the same language and you are the same ages.  you guys seem like you 'match' well together! honestly, i cant imagine their being red flags.  

 

i really think you are wasting alot of time worrying about this K1 denial,. you should fly there tomorrow and get married! then apply for CR1.  then see what happens and go from there.  i know the wait will suck, but this seems to be the easiest/safest and best approach.  then you will figure out is it just they dont believe your marriage is real or is it an actual misrep ban.  then you can move forward from there! because either way, your K1 is DEAD their is no way to get that back or appeal it. so either you file a new K1 or you file a CR1! Everyone here will agree, filing another K1 is a waste of time. 

[Roel 7,193]

Thought the same thing. 

[Annie0913 39]

7 hours ago, caliliving said:

By the looks of your picture, you guys seem like a 'normal' couple. you are both the same ethnicity, you both speak the same language and you are the same ages.  you guys seem like you 'match' well together! honestly, i cant imagine their being red flags.  

 

i really think you are wasting alot of time worrying about this K1 denial,. you should fly there tomorrow and get married! then apply for CR1.  then see what happens and go from there.  i know the wait will suck, but this seems to be the easiest/safest and best approach.  then you will figure out is it just they dont believe your marriage is real or is it an actual misrep ban.  then you can move forward from there! because either way, your K1 is DEAD their is no way to get that back or appeal it. so either you file a new K1 or you file a CR1! Everyone here will agree, filing another K1 is a waste of time. 

 

5 hours ago, Roel said:

Thought the same thing. 

Yeah i know tell me about it. Thats why werent expecting this denial. Caise we are seriously in love 

Oh idk others are saying that it's useless to file for a spousal visa until I know the reason of the denial. 

I'm not sure what to do. I can file for the CR1 immediately after the k1 denial? Not sure how that works.

[NikLR 13,232]

Yes you can file a spousal visa. 

 

The difference between a fiance and spousal visa denial is what happens after the denial.  A spousal visa would be sent back to the USCIS and they would send you a NOIR (notice of intent to revoke) and you would submit more evidence for specific things.  Then it would be sent back to embassy for another interview and they cannot deny for the same reason as before.  Basically until the USCIS denies the I-130 you can keep interviewing or sit in AP.  With a K1, the I-129F has a self life.  So even if it's sent back to the USCIS, the petition will expire and you have to start over.  Often there will be no explanation of the denial other than the main letter.  While I admit I dont spend a great deal of time in the K1 forum section, I do not think it's common for an embassy to extrapolate on their decisions when it is a K1 visa.  

There are some embassies and consulates where the petitioner needs to be there regardless of what the official stance is.  There are some embassies where even though the petitioner isnt allowed into the embassy for the interview, but just being there is a huge plus and can make the difference between an approval and denial.  

I do not feel that another k1 would be beneficial for you.   While you're trying to get answers you probably should be planning a wedding and moving in that direction.  On a personal note that is a generalization of course,  I have noticed many men do quite poorly when they arrive on a K1.  Anyone who is used to working and sustaining themselves do really.  The inability to work for about 4 months strains a new marriage incredibly so a cr1 may be a better choice. 

[Ebunoluwa 6,136]

5 hours ago, Annie0913 said:

 

Yeah i know tell me about it. Thats why werent expecting this denial. Caise we are seriously in love 

Oh idk others are saying that it's useless to file for a spousal visa until I know the reason of the denial. 

I'm not sure what to do. I can file for the CR1 immediately after the k1 denial? Not sure how that works.

Yes, you can marry and file as soon as you want to. The reason why you should wait to file the next petition is that when you find
out the reason of refusal then you can prepare and front load the petition and specifically address the CO's findings in the petition to USCIS
and attach any evidence to support it.
You can not do that when not knowing the reason.
If it is a material misrepresentation then a lot more thought needs to go into the petition and waiver package.
Why not go and marry, come back and wait a bit to file the CR1 until you have the reason for the K1 refusal and finding of misrep.
You can file a FOIA (freedom of information act ) form to request the reason and your senator can assist you with that too if the
embassy refuses to let you and the senator know the reason.