K1 visa denials?

[ufkenmill 0]

Has anyone on VJ been denied a K1 visa after the interview? Can you give us your experience so we can learn from it? After you were denied, did they give you an opportunity to fix it (i.e. get additional doc's, forms, etc) or were you flat out denied and had to start over?

If it's not you but someone you know, can you please post the info here? All of us who are in the process could benefit from this.

Thanks!

[aussiewench 9]

I dont have an experience but below is a link to 'GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS

FOR APPROVED IV AND NIV PETITIONS'. It may help in understanding what happens under those circumstances.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

[ufkenmill 0]

Thanks for the link aussiewench, great info. Hopefully we can find posters who are willing to share their experiences. Seems that K1 visa denials for VJ posters, is pretty rare. But I'm sure there are many cases out there.

Can anyone share?

I dont have an experience but below is a link to 'GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS

FOR APPROVED IV AND NIV PETITIONS'. It may help in understanding what happens under those circumstances.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

[Jenn! 918]

It seems that denials after the K1 interview have been happening more frequently recently. The trouble is with people who are denied is that often we don't hear about it on VJ because those people don't come back to post.

[sharky 2]

surely if you are denied a K1 visa after the interview you have the option to submit a waiver?

and many (if not most, as London has a very good approval rate) are approved...... as long as you submit a good well thought out hardship letter with good evidence.

even if the waivers are denied I have heard of appeals etc., and getting in touch with congressmen in the states.....

I've heard of very few instances that someone was denied and that was the end of things!

[john_and_marlene 162]

While we were waiting near the final window at Marlene's interview in Manila, there were 2 K1 denials at the window for insufficient evidence that a bonafide relationship existed.

[Bosco 1]

Instead of a flat out denial, the cases are often returned to the USCIS for further review.

Kiya has started a thread about this very subject. It is in the General Polls Forum and the title of the thread relates to 221(g). Cannot remember the specific thread name off the top of my head.

Kiya has also done great research on what factors a CO should consider before returning a petition and the protocol the consulate is supposed to follow, although many times the consulates do not follow protocol. Her thread would be the place to go for more info.

It would probably be great to add it to the 221(g) and Waivers Forum also.

Rebecca

[Yodrak 7]

Ken,

As some imply, and rhouni points out directly, be careful with use of the word 'deny'. 'Not approved' does not necessarily mean denied, and 'not approved' can come in two types. One type is a rhouni mentions, the Consular Officer has uncovered information that indicates the petition should not have been approved, or that indicates the applicant may not be admissable, and further review needs to be done by the appropriate people to resolve the issue. The other type of 'not approved' is that a required piece of documentation is missing or for some reason inadequate. In this case the applicant is given time to remedy the deficiency. Sometimes the deficiency may be on the part of the US government, such as an incomplete security check that must be completed before the visa can be issued.

My wife had an 'inadequate documentation' situation, the wife of a friend of mine had an 'incomplete name check' situation, in both cases issuance of the visas was delayed about 3 weeks from the day of the interview. These cases were in Bangkok.

I'm aware of 1 instance of a true denial in Bangkok that took place several years ago and I believe I read about it here on VJ. Petitioner's story was that his fiancee lived in an area of Bangkok that was a popular residence area with the bargirls. Applicant was taken to a back room for a more intense interview than normal, and under pressure apparently admitted to being a bargirl herself although according to petitioner she was not. Visa denied, never heard what if anything transpired afterwards.

I'm aware of another 'back-room' interview in Bangkok a few years ago, where K1 applicant and her K2 son were interviewed under pressure, separately, to confirm that they were in fact mother and son. (The consulate had recently been 'burned' by three unrelated people posing as a family to get B2 visas, using a Thai boy they had 'bought' from the boy's parents for the purpose.) The mother and son K-visa applicants 'passed' the interviews and were given their visas without delay.

Last year there was a case of a denial in Romania, I think? On the basis that the relationship was not bona fide but rather was entered into by the visa applicant for the sole purpose of getting himself into the USA. Petitioner then married applicant and I believe they started over on that basis. Haven't read any posts from Jaci in quite a while now, maybe someone else knows how that situation is going and can provide an update.

Yodrak

Has anyone on VJ been denied a K1 visa after the interview? Can you give us your experience so we can learn from it? After you were denied, did they give you an opportunity to fix it (i.e. get additional doc's, forms, etc) or were you flat out denied and had to start over?

If it's not you but someone you know, can you please post the info here? All of us who are in the process could benefit from this.

Thanks!

[jmoon87 0]

When i was at our interview i saw 1 visa not given because there was no updated intent to marry form and a couple others for lack of evidence ....i did here about 1 getting denied at the interview because they discovered somehow at the lat minute that the woman had been a prostitute in another country ....Also i have been seeing where people are getting a really tuff interview if there is a communication problem such as you cannot communicate well in at least 1 language - i know this is not grounds for denial but it is making for a much more difficult interview .

[jmoon87 0]

Also one other case was engagement ring question -interviewere asked why fiance had no engagement ring -fiance responded she did it was at home so interviewer asked her if she were to send her home to get it now could she bring it back the woman than was caught in a lie and was denied ... so rememeber honesty is the best policy if you dont have a ring just say you are waiting to get to the states dont lie .

[ufkenmill 0]

Thanks for the great info... very useful. So we must make sure we're completely prepared at the interview otherwise we face possibly significant problems.

It seems that they will only flatly deny someone if it's a case of fraudelent submission or if the beneficiary was involved in some type of criminal behavior. The bargirl example reported here is a case of her own admission of being a bargirl, but I wonder what was on her police report. Seems decisions are solely at the discretion of the interviewing officer so you better be nice to them when you interview!

Ken,

As some imply, and rhouni points out directly, be careful with use of the word 'deny'. 'Not approved' does not necessarily mean denied, and 'not approved' can come in two types. One type is a rhouni mentions, the Consular Officer has uncovered information that indicates the petition should not have been approved, or that indicates the applicant may not be admissable, and further review needs to be done by the appropriate people to resolve the issue. The other type of 'not approved' is that a required piece of documentation is missing or for some reason inadequate. In this case the applicant is given time to remedy the deficiency. Sometimes the deficiency may be on the part of the US government, such as an incomplete security check that must be completed before the visa can be issued.

My wife had an 'inadequate documentation' situation, the wife of a friend of mine had an 'incomplete name check' situation, in both cases issuance of the visas was delayed about 3 weeks from the day of the interview. These cases were in Bangkok.

I'm aware of 1 instance of a true denial in Bangkok that took place several years ago and I believe I read about it here on VJ. Petitioner's story was that his fiancee lived in an area of Bangkok that was a popular residence area with the bargirls. Applicant was taken to a back room for a more intense interview than normal, and under pressure apparently admitted to being a bargirl herself although according to petitioner she was not. Visa denied, never heard what if anything transpired afterwards.

I'm aware of another 'back-room' interview in Bangkok a few years ago, where K1 applicant and her K2 son were interviewed under pressure, separately, to confirm that they were in fact mother and son. (The consulate had recently been 'burned' by three unrelated people posing as a family to get B2 visas, using a Thai boy they had 'bought' from the boy's parents for the purpose.) The mother and son K-visa applicants 'passed' the interviews and were given their visas without delay.

Last year there was a case of a denial in Romania, I think? On the basis that the relationship was not bona fide but rather was entered into by the visa applicant for the sole purpose of getting himself into the USA. Petitioner then married applicant and I believe they started over on that basis. Haven't read any posts from Jaci in quite a while now, maybe someone else knows how that situation is going and can provide an update.

Yodrak

Has anyone on VJ been denied a K1 visa after the interview? Can you give us your experience so we can learn from it? After you were denied, did they give you an opportunity to fix it (i.e. get additional doc's, forms, etc) or were you flat out denied and had to start over?

If it's not you but someone you know, can you please post the info here? All of us who are in the process could benefit from this.

Thanks!

[Yodrak 7]

Ken,

Her police report was most likely clean. The 'rules' for a 'stressful' interview bear no resemblance to the rules applicable to a US court of law - the interviewer can intimidate and outright lie if it serves the purpose, e.g., 'sign this and all will be OK' - OK meaning that you've just given us grounds to deny your visa application.

Yes, the issuance of a visa is solely at the discretion of the consular officer, denial subject to review of the facts and decision by a superior.

Yodrak

Thanks for the great info... very useful. So we must make sure we're completely prepared at the interview otherwise we face possibly significant problems.

It seems that they will only flatly deny someone if it's a case of fraudelent submission or if the beneficiary was involved in some type of criminal behavior. The bargirl example reported here is a case of her own admission of being a bargirl, but I wonder what was on her police report. Seems decisions are solely at the discretion of the interviewing officer so you better be nice to them when you interview!

Ken,

As some imply, and rhouni points out directly, be careful with use of the word 'deny'. 'Not approved' does not necessarily mean denied, and 'not approved' can come in two types. One type is a rhouni mentions, the Consular Officer has uncovered information that indicates the petition should not have been approved, or that indicates the applicant may not be admissable, and further review needs to be done by the appropriate people to resolve the issue. The other type of 'not approved' is that a required piece of documentation is missing or for some reason inadequate. In this case the applicant is given time to remedy the deficiency. Sometimes the deficiency may be on the part of the US government, such as an incomplete security check that must be completed before the visa can be issued.

My wife had an 'inadequate documentation' situation, the wife of a friend of mine had an 'incomplete name check' situation, in both cases issuance of the visas was delayed about 3 weeks from the day of the interview. These cases were in Bangkok.

I'm aware of 1 instance of a true denial in Bangkok that took place several years ago and I believe I read about it here on VJ. Petitioner's story was that his fiancee lived in an area of Bangkok that was a popular residence area with the bargirls. Applicant was taken to a back room for a more intense interview than normal, and under pressure apparently admitted to being a bargirl herself although according to petitioner she was not. Visa denied, never heard what if anything transpired afterwards.

I'm aware of another 'back-room' interview in Bangkok a few years ago, where K1 applicant and her K2 son were interviewed under pressure, separately, to confirm that they were in fact mother and son. (The consulate had recently been 'burned' by three unrelated people posing as a family to get B2 visas, using a Thai boy they had 'bought' from the boy's parents for the purpose.) The mother and son K-visa applicants 'passed' the interviews and were given their visas without delay.

Last year there was a case of a denial in Romania, I think? On the basis that the relationship was not bona fide but rather was entered into by the visa applicant for the sole purpose of getting himself into the USA. Petitioner then married applicant and I believe they started over on that basis. Haven't read any posts from Jaci in quite a while now, maybe someone else knows how that situation is going and can provide an update.

Yodrak

Has anyone on VJ been denied a K1 visa after the interview? Can you give us your experience so we can learn from it? After you were denied, did they give you an opportunity to fix it (i.e. get additional doc's, forms, etc) or were you flat out denied and had to start over?

If it's not you but someone you know, can you please post the info here? All of us who are in the process could benefit from this.

Thanks!

[sarakong 0]

OK I have read all this useful info. this means our front door is well secured