Is this FRAUD???

[Amnazaid 46]

3 hours ago, AliTan said:

My fiance had his interview in Pakistan yesterday and was denied.  We are devastated but will not give up.  Without looking at the evidence of relationship that my fiance brought, the officer stated at the end, "You did not satisfy me.  I think this is immigration fraud." He was not given a 221g or any other form. I know I have to wait for them to send me something. (How long does that take?) I'm just looking for opinions.  Does it sound like this could actually be labeled fraud, resulting in a lifetime ban?  He said the officer was nice, didn't yell, asked pretty standard questions.  We think the question that caused the problem was about my child.  He asked if I was divorced. My fiance said never married.  Then asked if I had a child without marriage. Yes (18 years ago).  He then asked if my fiance's parents know that.  He answered truthfully and said no. That's pretty much when the interview stopped.  I get that it's a red flag, and we have others such as I'm 10 years older, I am not Muslim, I have not been to Pakistan, we only met once before applying though met a second time while waiting. So I understand why it could be denied and we will work on that, but how can it be fraud when he told the truth? He doesn't need family permission to get married, though his family is supportive (minus the kid they don't know about yet).  And how can he decide the relationship isn't real without even pretending to look at the evidence?  I'm just really afraid we will be faced with trying to fight a ban.  

Can you please tell me what did the officers asked her in the interview? 

InshAllah i am also going to give my interview soon..!  

[NoProblem 69]

21 minutes ago, Amnazaid said:

Can you please tell me what did the officers asked her in the interview? 

There are plenty of posts on this around this forum.  Please do a quick search for a tons of content on this topic.

[Ahmed&Freda 628]

4 hours ago, AliTan said:

My fiance had his interview in Pakistan yesterday and was denied.  We are devastated but will not give up.  Without looking at the evidence of relationship that my fiance brought, the officer stated at the end, "You did not satisfy me.  I think this is immigration fraud." He was not given a 221g or any other form. I know I have to wait for them to send me something. (How long does that take?) I'm just looking for opinions.  Does it sound like this could actually be labeled fraud, resulting in a lifetime ban?  He said the officer was nice, didn't yell, asked pretty standard questions.  We think the question that caused the problem was about my child.  He asked if I was divorced. My fiance said never married.  Then asked if I had a child without marriage. Yes (18 years ago).  He then asked if my fiance's parents know that.  He answered truthfully and said no. That's pretty much when the interview stopped.  I get that it's a red flag, and we have others such as I'm 10 years older, I am not Muslim, I have not been to Pakistan, we only met once before applying though met a second time while waiting. So I understand why it could be denied and we will work on that, but how can it be fraud when he told the truth? He doesn't need family permission to get married, though his family is supportive (minus the kid they don't know about yet).  And how can he decide the relationship isn't real without even pretending to look at the evidence?  I'm just really afraid we will be faced with trying to fight a ban.  

This is a typical response from the CO.  Unless they told your fiance they have evidence of fraud they are just labeling as so and will not result in a ban.  Its rather difficult for some to get information on why a fiance visa was refused you can attempt to file a FIOA.  If I were to guess the letter from the embassy to USICS would just state the above and mention not enough evidence of a bonafide  relationship.   

 

Family is very important in Pakistan and typically the elders are involved in wedding planning of some sort.   The fact that his family is unaware or not involved is a red flag.  A 10 year age difference could be a red flag but if he was never married before and you are out of child bearing years its an even bigger one.  

 

Plan more trips, meet his family, marry in Pakistan with them and try again for a spouse visa.   

Edited August 21, 2018 by Ahmed&Freda

[AliTan 53]

3 minutes ago, Ahmed&Freda said:

This is a typical response from the CO.  Unless they told your fiance they have evidence of fraud they are just labeling as so and will not result in a ban.  Its rather difficult for some to get information on why a fiance visa was refused you can attempt to file a FIOA.  If I were to guess the letter from the embassy to USICS would just state the above and mention not enough evidence of a bonafide  relationship.   

 

Family is very important in Pakistan and typically the elders are involved in wedding planning of some sort.   The fact that his family is unaware or not involved is a red flag.  A 10 year age difference could be a red flag but if he was never married before and you are out of child bearing years its an even bigger one.  

 

Plan more trips, meet his family, marry in Pakistan with them and try again for a spouse visa.   

Thanks, his family is aware and involved.  They already had a wedding dress made for me and some went with him for the interview.  He has now told them about my child and they are still fine. I say hi to them often on video, but we can't really communicate much. (My fiance does speak English.) We're talking about a trip to Pakistan in January so I'm feeling good.

[TNJ17 1,329]

They just don’t believe your relationship is real. You need more time together. I don’t think you stand a chance if you apply again right away with only a second trip. They already think you’re not real so you’re gonna have to change their minds with a lot of trips. 

[ajay007 43]

5 hours ago, AliTan said:

Thanks for the replies so far.  We are deciding which route to go.  Would it be unwise to file another k1 soon with the evidence of the second trip that the co didn't look at, with plans to meet again in January either in Pakistan or elsewhere with some of his family? Or get married, probably in Seychelles with some family present? In either case I would also plan to attend the next interview, and he will tell his parents about my child so that isn't an issue.  We're looking at a minimum of another year in this process and I can't make trips across the world more than maybe twice a year. I don't want to be foolish and file again too soon, but I also don't want to wait years. I'm still worried by the use of the word fraud because that could be an impossible battle.

I suggest you should go with CR1 this is best option for you now rather wasting time to apply again k1.but before decide anything wait for embassy reply.

[Zelixx 302]

3 hours ago, Amnazaid said:

Can you please tell me what did the officers asked her in the interview? 

InshAllah i am also going to give my interview soon..!  

You can get an idea by reading the reviews given by many Pakistanis VJers in the "office reviews & info" section.

http://www.visajourney.com/reviews/index.php?cnty=Pakistan&cty=&dfilter=5

[Amnazaid 46]

18 minutes ago, Zelixx said:

You can get an idea by reading the reviews given by many Pakistanis VJers in the "office reviews & info" section.

http://www.visajourney.com/reviews/index.php?cnty=Pakistan&cty=&dfilter=5

Thanks

[Boiler 45,517]

I agree with the others, sounds like you have the time to build your relationship, get married, perhaps your daughter can attend and meet his family.

[kris&me 572]

his visa is denied not in AP as one said

packet is returned to the US and u will get no other notification of it

it is a dead appliaction now 

no appeal for denied K1 

as said by all above 

face time face time face time

good luck

his famiy should have been told of your child with no marriage  / they must approve of u and ur lifestyle

[ConOfficer 167]

10 hours ago, Ben&Zian said:

They can generally make a decision off the initial I-129f petition they receive from NVC.

This is totally false. The applicant's credibility in the interview is the deciding factor. The petition only tells you whether there is a legal relationship (in a K1 case, whether the applicant and petitioner are legally free to marry), it says nothing about the whether the relationship was entered into purely for immigration benefits. Also people can and do submit additional photos etc. during the interview. 

[Chris&Ale 153]

11 hours ago, AliTan said:

Relocating is definitely not an option. My daughter has just started college.  I'm not willing to be that far from her for that long, but I also have a good job and need to pay tuition the next 4-5 years. I hope with more time together and more family involvement we can do this.  Thanks everyone for easing my mind a little!

Is there possibly an option of him coming to visit you for a few months here in USA?

[Daisy.Chain 317]

1 hour ago, ConOfficer said:

This is totally false. The applicant's credibility in the interview is the deciding factor. The petition only tells you whether there is a legal relationship (in a K1 case, whether the applicant and petitioner are legally free to marry), it says nothing about the whether the relationship was entered into purely for immigration benefits. Also people can and do submit additional photos etc. during the interview. 

I disagree. While it may be true that the interview sways the decision, in many cases the decision seems to have been recommended before the couple steps foot into the interview. In fact, I would be surprised if it weren't - that was the point of sending the proof - to help convince them that the relationship is real!

[AliTan 53]

37 minutes ago, Chris&Ale said:

Is there possibly an option of him coming to visit you for a few months here in USA?

Unfortunately no, we tried that already. He was denied due to lack of ties to his country.  

[Michael2017 368]

This will be a long fight. Go CR1, after a lot of face time and trips together.

 Send your evidence with the initial I-130, and again at NVC stage, update the relationship evidence.

I would suggest spending a couple of months together before filing, and than again a couple of months during the process,

could help. Otherwise this will go on for very very long.