K1 Interview Denial

[RKRK 2]

Hey all, new to VJ, but I've been reading numerous posts here and have come to realize that this place is an excellent source of knowledge and guidance. As such, I thought I present our situation and see what feedback you guys would be able to provide. Before I begin, it should be noted that our K1 visa interview was not a success, and my fiance was given her passport back, with the Consulate Officer asking her "why she didnt file for a spouse visa," telling her that she should "get the marriage certificate with the correct dates" and "file for a spouse visa" and that "dont worry, this is not robbery."

 

 

I (petitioner) met my fiance online and we talked everyday for about a year. Finally, I decided to go and physically meet her. I met her family and friends and then since that time I went back 3 times and spent 2 weeks with her each time, traveling around India and getting to know each other. Finally, I proposed to her and we had a social ceremony with all the bells and whistles. It was not religious nor civil, but we did have a ceremony, with the understanding that we would ultimately be married in the US where I work and live. I returned stateside and being under the impression that we were engaged, filed for a K1 visa a few weeks after the ceremony. In my I-129F petition, I provided the same photos as I would later send for the interview. These photos included pictures of the ceremony and of us traveling together. The I129F was approved with the same information and documents, went through the NVC without any trouble, filled the DS160, went to biometrics and medical and setup the interview.

 

During the interview, the Consulate Officer kept saying she was married based on the photos we had submitted since the first day of filing the I-129F. She maintained that we were engaged, but ultimately, he handed her this piece of paper and gave back her passport with the comments I mentioned above. 

-------------------------------------------------------

Now I've read most people say that you should get married and file for the spouse visa. But I've also read Marc Ellis's articles regarding returned petitions. Mine was processed through California Service Center (based on my case number beginning with WAC). Most people on VJ say that it will expire and that will be the end of that. But then I have read that DESPITE being expired, there can be a NOIR (Notice of Intent to Revoke), which can result in a "P6C marker" which will require a i-601 waiver if it is not successfully rebutted. It has been a week since the interview and since then we have been extremely concerned about our future together and what options we may have. She has gone to the Marriage Registrar that has jurisdiction over the place where we had the ceremony ( in a party hall of a hotel in a small village by her parents house) and told them the situation, and they have concluded that if the ceremony was not religiously performed in a temple, and if no court was involved, than it is not considered a marriage. They then provided her a stamped documentation stating that as of the current date, she is not considered married in the eyes of the law.

 

i should also mention that the I-129F was to expire on Nov 24, 2018, and we didnt know we could withdraw the petition or application, and so, we dont know what is going on at this point. With regard to the piece of paper she was given after the interview, we don't know what their reason was to deny us, other than being "too married" based on what we only considered as a social ceremony to indicate our commitment to each other. Since filing, I have remained stateside, in case I would need to address any correspondence, but we have talked for hours everyday. Without knowing the exact reason for denial, we don't know how to proceed. After the interview, we did obtain proof from the Indian Govt. that she is free and able to marry as a single person, with no prior divorce or pending divorce. 

 

I have seen one other case who was issued this piece of paper, but I don't know what their outcome was, or how they proceeded.

 

What do you guys think we should do?

Edited November 25, 2018 by RKRK

[debbiedoo 2,339]

you can not appeal the denied k1.

 

your ceremony was enough to make you too married for a k1. do a search on these boards. happens ALL the time. you can NOT appeal nor can you file another k1. it would be denied too. 

 

you should have researched all this beforehand.

 

now you will have to return and get married legally and file a cr1.

Edited November 25, 2018 by debbiedoo

[Crazy Cat 41,846]

If you cannot obtain a marriage certificate, then you have one option:  Officially marry, and start the spousal visa process.  

This is another case of a couple having an "unofficial" ceremony which has resulted in the appearance of marriage in the eyes of the Consulate Officer.  The K-1 is dead.

1. I would send a letter to USCIS to officially withdraw the K-1.

2.  Travel to her contry and OFFICIALLY marry and obtain legal documentation of the marriage.

3.  Start the spousal visa process.

There are no appeal options available in your case.  Good luck.

Edited November 25, 2018 by missileman

[RKRK 2]

Yeah, that is what I've read here. However, even after getting officially married, would their reason for denial exist? and what did the CO mean when he said "get the correct dates on the marriage certificate?"  others have been given a specific reason with rules cited on their paper for them to rebut. but ours is ambiguous. im contemplating flying back and getting married, but i dont want to make more any mistakes moving forward. 

 

[Crazy Cat 41,846]

Just now, RKRK said:

Yeah, that is what I've read here. However, even after getting officially married, would their reason for denial exist? and what did the CO mean when he said "get the correct dates on the marriage certificate?"  others have been given a specific reason with rules cited on their paper for them to rebut. but ours is ambiguous. im contemplating flying back and getting married, but i dont want to make more any mistakes moving forward. 

 

The previous K-1 application will not be cause for denial if it is withdrawn........I would not wait for them to let it expire because that could take 6 months.......I would withdraw it via a letter to USCIS, then marry officially.

[RKRK 2]

Hmm...alright thanks missileman. Is there some time frame within which we can submit our letter to withdraw the K1?

the original NOA2 indicated that the i129F petition expired nov 24, 2018 (expired yesterday). and the interview was only last week. can we still withdraw the k1 application? and if so...who do we address our letter to? i will call USCIS tomorrow and see what they say.

 

I appreciate the quick responses by the way, you guys are good people.

[Crazy Cat 41,846]

You must provide a documented official, legal  marriage.......that is the "right" date.

[Crazy Cat 41,846]

Just now, RKRK said:

Hmm...alright thanks missileman. Is there some time frame within which we can submit our letter to withdraw the K1?

the original NOA2 indicated that the i129F petition expired nov 24, 2018 (expired yesterday). and the interview was only last week. can we still withdraw the k1 application? and if so...who do we address our letter to? i will call USCIS tomorrow and see what they say.

 

I appreciate the quick responses by the way, you guys are good people.

I would send the letter to withdraw immediately....Send it to the USCIS address you used for the I-129f.

[debbiedoo 2,339]

send the withdrawal letter now. send it with signature confirmation.

 

keep a copy to submit with the cr1 petition in case they haven't done anything with it by the time you submit the CR1. otherwise you run the risk of them denying due to a pending petition.

[RKRK 2]

3 minutes ago, missileman said:

The previous K-1 application will not be cause for denial if it is withdrawn........I would not wait for them to let it expire because that could take 6 months.......I would withdraw it via a letter to USCIS, then marry officially.

Ahh...is the K1 application expiry date different from the I-129F expiry date? because I dont know the expiry date for the K1 application, but for the I-129F it was yesterday..(Nov 24, 2018).

Do you know if they would still allow us to withdraw?

For withdrawal, can it be done via their Customer Service number?

Should we expect a letter stating a successful withdrawal BEFORE we get married?

And if we are unable to withdraw...then do you mean we will still be denied for our spouse visa based on the previous K1 application?

-----------------------

Fun fact: I saw your "signature." I was going to join the AF reserve or NG units while working my regular job, but decided against it when I met my fiance...who happens to be an RN. I'm a signals/electronic maintainer in NYC.

 

 

 

4 minutes ago, missileman said:

You must provide a documented official, legal  marriage.......that is the "right" date.

This seems obvious to us, which is why the absence of such from any govt. entity, should have also sufficed to prove our previous ceremony as an engagement, not "too married." But oh well.

[RKRK 2]

hmm...alright thank you missileman and debbiedoo. lets see what the future brings.

[debbiedoo 2,339]

1 minute ago, RKRK said:

Ahh...is the K1 application expiry date different from the I-129F expiry date? because I dont know the expiry date for the K1 application, but for the I-129F it was yesterday..(Nov 24, 2018).

Do you know if they would still allow us to withdraw?

For withdrawal, can it be done via their Customer Service number?

Should we expect a letter stating a successful withdrawal BEFORE we get married?

And if we are unable to withdraw...then do you mean we will still be denied for our spouse visa based on the previous K1 application?

-----------------------

Fun fact: I saw your "signature." I was going to join the AF reserve or NG units while working my regular job, but decided against it when I met my fiance...who happens to be an RN. I'm a signals/electronic maintainer in NYC.

 

 

 

This seems obvious to us, which is why the absence of such from any govt. entity, should have also sufficed to prove our previous ceremony as an engagement, not "too married." But oh well.

what you feel or what any of us think makes sense does not matter.

 

you must MAIL the letter. you can not call. you also need to be able to TRACK It and print a copy of that signature delivery.

 

you may or may not ever get a letter confirming the withdrawal. again, hence sending it with signature delivery to PROVE they received it.

 

 

look, just send the letter. get signature delivery. make copies of all of it. marry and apply for cr 1 and include the withdrawl information.

 

thats how it should be done.

[GP1977 288]

2 hours ago, debbiedoo said:

you can not appeal the denied k1.

 

Not exactly true and I only mention this so that in case others see it in the future:

 

If  OP K1 Fiance Visa was denied at the Consular level, they can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to until the Embassy returns the  case to NVC and USCIS

 

If your case has already been returned for further processing, you can ask  USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, OP may be best to simply withdraw your petition and then re-file.

 

OP you can ask for a Consulate General review if case hasn't been sent back yet. SOme have had success in doing it but I am not sure if there fact pattern mirrors yours.

 

[debbiedoo 2,339]

3 minutes ago, GP1977 said:

Not exactly true and I only mention this so that in case others see it in the future:

 

If  OP K1 Fiance Visa was denied at the Consular level, they can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to until the Embassy returns the  case to NVC and USCIS

 

If your case has already been returned for further processing, you can ask  USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, OP may be best to simply withdraw your petition and then re-file.

 

OP you can ask for a Consulate General review if case hasn't been sent back yet. SOme have had success in doing it but I am not sure if there fact pattern mirrors yours.

 

it might be technically true but is never done.

 

he will not be able to appeal his denial.

 

NOT to mention he still has the REASON they were denied. too married for a k1. nothing will overcome that other than getting married and filing a cr1

Edited November 25, 2018 by debbiedoo

[RKRK 2]

2 minutes ago, GP1977 said:

Not exactly true and I only mention this so that in case others see it in the future:

 

If  OP K1 Fiance Visa was denied at the Consular level, they can immediately ask for a Consulate General review of the decision. Check the Embassy website for the procedures for such a review. This option is available to until the Embassy returns the  case to NVC and USCIS

 

If your case has already been returned for further processing, you can ask  USCIS to reaffirm their original approval and resubmit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, OP may be best to simply withdraw your petition and then re-file.

 

OP you can ask for a Consulate General review if case hasn't been sent back yet. SOme have had success in doing it but I am not sure if there fact pattern mirrors yours.

 

according to the CEAC case status, it states "Returned To NVC" as of Nov 21, 2018.