K1 Interview Denial

[mushroomspore 3,044]

3 minutes ago, GP1977 said:

Go back and read the entire thread again in chronological order please and you will answer your own question.

 

Lol I did and it's not helpful to the OP. The CO deemed him too married. You can't appeal that.

[Crazy Cat 41,848]

50 minutes ago, GP1977 said:

I am talking about getting a consular review before the case is sent back to NVC and then back to USCIS.   I agree that once it gets to USCIS it will expire.

 

In the case you provided, it was an attorney who contacted the consulate, not the petitioner.........I think any appeal granted at the consulate level would be extremely rare.......

 

and the OP's case is an entirely different matter, imo.......not subject to appeal 

Edited November 25, 2018 by missileman

[RKRK 2]

lol.

 

why must there always be fighting

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

 

i dont know. based on what you guys have said, I was going to follow missileman's advice and just withdraw tomorrow (whether successful or not), even though the interview already took place and we received that ambiguous piece of paper. i have read some other posts regarding misrepresentation and i wonder if that would apply to us? we had no idea this would happen, otherwise we wouldnt have applied for the k1 AFTER this party, and waited all this time and spent all that money. 

 

anyway, our understanding was that we were going to get married by the upcoming December or January in the US anyway. so getting married is not an issue. we made the mistake of having a social ceremony BEFORE even applying for the K1, thinking that wearing fancy clothes, inviting people, and dancing with a DJ, would not be misconstrued as a LEGAL wedding, when we haven't signed any papers....but will this be a cause for denial for the CR1 then, moving forward? will there be some statement of misrepresentation? because all we will have to show if they send a NOIR, is the document from the marriage registrar of india we obtained AFTER the interview, stating that my fiance is not married. i plan to obtain my own NOC (no objection certificate), from the US embassy in New Delhi on arrival in a few weeks, then we will just do a court marriage, and file right away. i work for the city of NY and am unable to get off long periods of time to take off for vacation, etc, so I wonder what else will be required, but my main concern now after reading other peoples' post, is the misrepresentation that i keep seeing pop up with others who have a similar situation. 

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

 

also, it was just thanksgiving man, lets all be civil haha

 

 

[Crazy Cat 41,848]

1 minute ago, RKRK said:

lol.

 

why must there always be fighting

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

 

i dont know. based on what you guys have said, I was going to follow missileman's advice and just withdraw tomorrow (whether successful or not), even though the interview already took place and we received that ambiguous piece of paper. i have read some other posts regarding misrepresentation and i wonder if that would apply to us? we had no idea this would happen, otherwise we wouldnt have applied for the k1 AFTER this party, and waited all this time and spent all that money. 

 

anyway, our understanding was that we were going to get married by the upcoming December or January in the US anyway. so getting married is not an issue. we made the mistake of having a social ceremony BEFORE even applying for the K1, thinking that wearing fancy clothes, inviting people, and dancing with a DJ, would not be misconstrued as a LEGAL wedding, when we haven't signed any papers....but will this be a cause for denial for the CR1 then, moving forward? will there be some statement of misrepresentation? because all we will have to show if they send a NOIR, is the document from the marriage registrar of india we obtained AFTER the interview, stating that my fiance is not married. i plan to obtain my own NOC (no objection certificate), from the US embassy in New Delhi on arrival in a few weeks, then we will just do a court marriage, and file right away. i work for the city of NY and am unable to get off long periods of time to take off for vacation, etc, so I wonder what else will be required, but my main concern now after reading other peoples' post, is the misrepresentation that i keep seeing pop up with others who have a similar situation. 

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

 

also, it was just thanksgiving man, lets all be civil haha

 

 

Based on your posts, I see no misrepresentation at all..........I would withdraw, marry, and file spousal visa.  Good Luck.

[GP1977 288]

1 minute ago, missileman said:

In the case you provided, it was an attorney who contacted the consulate, not the petitioner.........I think any appeal granted at the consulate level would be extremely rare.......

Agreed it is rare and not the norm, but my point is its possible.  Sometimes with this immigration process, you have to push hard and refuse to take no for answer. WHen there is a will, there will be a way.  I am not saying you are always going to win and its not a DIY process. 

 

[debbiedoo 2,339]

37 minutes ago, RKRK said:

lol.

 

why must there always be fighting

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

 

i dont know. based on what you guys have said, I was going to follow missileman's advice and just withdraw tomorrow (whether successful or not), even though the interview already took place and we received that ambiguous piece of paper. i have read some other posts regarding misrepresentation and i wonder if that would apply to us? we had no idea this would happen, otherwise we wouldnt have applied for the k1 AFTER this party, and waited all this time and spent all that money. 

 

anyway, our understanding was that we were going to get married by the upcoming December or January in the US anyway. so getting married is not an issue. we made the mistake of having a social ceremony BEFORE even applying for the K1, thinking that wearing fancy clothes, inviting people, and dancing with a DJ, would not be misconstrued as a LEGAL wedding, when we haven't signed any papers....but will this be a cause for denial for the CR1 then, moving forward? will there be some statement of misrepresentation? because all we will have to show if they send a NOIR, is the document from the marriage registrar of india we obtained AFTER the interview, stating that my fiance is not married. i plan to obtain my own NOC (no objection certificate), from the US embassy in New Delhi on arrival in a few weeks, then we will just do a court marriage, and file right away. i work for the city of NY and am unable to get off long periods of time to take off for vacation, etc, so I wonder what else will be required, but my main concern now after reading other peoples' post, is the misrepresentation that i keep seeing pop up with others who have a similar situation. 

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

 

also, it was just thanksgiving man, lets all be civil haha

 

 

you are good to go to file the CR1. Send in that letter as we said, and keep copies and submit one with the CR1. The denied K1 will have no impact on the CR1.

[Action1 2]

.

 

Edited November 26, 2018 by Action1

[<3T&M<3 217]

4 hours ago, debbiedoo said:

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.

I think it is silly for all the "you should have researched this beforehand" comments. This is NOT something the average person would consider researching. Attorneys give the go-ahead a lot of the time and during most "normal" engagements there are often many parties, mock weddings... so-on and so-forth.
OP, don't feel badly. It is unfortunate that you did not find VJ beforehand. There is nothing you can do now.

 

I think it is the stupidest thing to deny a K-1 because they look too married. Really, it is just outlandish seeing as how all K-1s will be married within 90 days of arriving anyhow. But it is an easy way for USCIS to make another filing fee. I'm sure they make a pretty penny by denying couples for just this reason alone.

Got to jump through their hoops.

Sorry and good luck to you!

[debbiedoo 2,339]

3 minutes ago, <3T&M<3 said:

I think it is silly for all the "you should have researched this beforehand" comments. This is NOT something the average person would consider researching. Attorneys give the go-ahead a lot of the time and during most "normal" engagements there are often many parties, mock weddings... so-on and so-forth.
OP, don't feel badly. It is unfortunate that you did not find VJ beforehand. There is nothing you can do now.

 

I think it is the stupidest thing to deny a K-1 because they look too married. Really, it is just outlandish seeing as how all K-1s will be married within 90 days of arriving anyhow. But it is an easy way for USCIS to make another filing fee. I'm sure they make a pretty penny by denying couples for just this reason alone.

Got to jump through their hoops.

Sorry and good luck to you!

never said i didnt think it was stupid. but the way things are is the way things are.

 

and i research as much as possible before doing it, especially when it comes to immigration. the process is already long and expensive and personally, i dont want to dish out any more time or money than necessary.

[<3T&M<3 217]

Just now, debbiedoo said:

never said i didnt think it was stupid. but the way things are is the way things are.

 

and i research as much as possible before doing it, especially when it comes to immigration. the process is already long and expensive and personally, i dont want to dish out any more time or money than necessary.

I will agree with you there. I also researched as MUCH as I possibly could. I'm so thankful for VJ.... I don't think I would have made it through this grueling process without everyone's blunt opinions 🤣

 

But this one denial reason really gets me. I mean, come on! We are all getting married here! So they have a freakin'party! 🤬 I just feel so bad for people who don't happen to research every little detail. I know if it was my fiance who did all the paperwork we would be ... well... you know, lol.

[debbiedoo 2,339]

Just now, <3T&M<3 said:

🤣

I know if it was my fiance who did all the paperwork we would be ... well... you know, lol.

my fiance isn't allowed to TOUCH paperwork. Even the copy of the k1 package he keeps in his truck for his trips down here - I was like 'look .... you can look at it. but dont shuffle ANYTHING. keep everything IN ORDER better yet, dont look at it at all unless CBP needs something from it' LOLOLOL

 

I am the keeper of the papers. LOL

[Cyberfx1024 7,980]

1 hour ago, RKRK said:

lol.

 

why must there always be fighting

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

 

i dont know. based on what you guys have said, I was going to follow missileman's advice and just withdraw tomorrow (whether successful or not), even though the interview already took place and we received that ambiguous piece of paper. i have read some other posts regarding misrepresentation and i wonder if that would apply to us? we had no idea this would happen, otherwise we wouldnt have applied for the k1 AFTER this party, and waited all this time and spent all that money. 

 

anyway, our understanding was that we were going to get married by the upcoming December or January in the US anyway. so getting married is not an issue. we made the mistake of having a social ceremony BEFORE even applying for the K1, thinking that wearing fancy clothes, inviting people, and dancing with a DJ, would not be misconstrued as a LEGAL wedding, when we haven't signed any papers....but will this be a cause for denial for the CR1 then, moving forward? will there be some statement of misrepresentation? because all we will have to show if they send a NOIR, is the document from the marriage registrar of india we obtained AFTER the interview, stating that my fiance is not married. i plan to obtain my own NOC (no objection certificate), from the US embassy in New Delhi on arrival in a few weeks, then we will just do a court marriage, and file right away. i work for the city of NY and am unable to get off long periods of time to take off for vacation, etc, so I wonder what else will be required, but my main concern now after reading other peoples' post, is the misrepresentation that i keep seeing pop up with others who have a similar situation. 

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

 

also, it was just thanksgiving man, lets all be civil haha

 

 

As @missileman said I do not see a misrepresentation case here at all. Go ahead pull the K1, get married, and file for the CR1 ASAP. We all know this sucks and it is such a long process but you should be good once you do all of that. 

[Unlockable 7,314]

1 hour ago, <3T&M<3 said:

I think it is silly for all the "you should have researched this beforehand" comments. This is NOT something the average person would consider researching. Attorneys give the go-ahead a lot of the time and during most "normal" engagements there are often many parties, mock weddings... so-on and so-forth.
OP, don't feel badly. It is unfortunate that you did not find VJ beforehand. There is nothing you can do now.

 

I think it is the stupidest thing to deny a K-1 because they look too married. Really, it is just outlandish seeing as how all K-1s will be married within 90 days of arriving anyhow. But it is an easy way for USCIS to make another filing fee. I'm sure they make a pretty penny by denying couples for just this reason alone.

Got to jump through their hoops.

Sorry and good luck to you!

Yes it seems outrageous. But the COs have a valid reason to deny under these type of suspicions. It is because certain embassies are plagued with fraud. Back when K1s were taking 4 -6 months to complete, couples who didn't want to wait would do the K1 to get there spouse here faster.

 

In fact, there are threads where it was revealed that the couple was officially married.

 

The biggest reason is a CYA effort for the officers and embassy. A party is one thing, but if you hold a ceremony that is officiated by a religious person, where they exchange vows and rings, and are witnessed by dozens of people... how do you prove that you are NOT married?

 

Truth is, everything happens for a reason. The denial of K1s for being too married is just another effect of a cause.

Edited November 26, 2018 by NuestraUnion

[geowrian 22,337]

4 hours ago, GP1977 said:

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.

Yes, one can ask for a review. In practice, it doesn't occur. Every refusal is reviewed by a supervisor already before being sent back to USCIS.

 

USCIS will not reaffirm an I-129F by policy. They stopped this years ago (due to the fraud marker noted in the OP's original post).

 

OP's case has been sent back to NVC , so even trying that hail-mary option isn't possible anymore.

 

6 hours ago, RKRK said:

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.

Okay. Now prove she didn't marry anywhere else.

The issue is you (almost always) can't. As such, the only option is to marry and start the spousal visa process.

[Boiler 45,496]

They have reason to believe, you supplied the evidence.

 

In many places weddings are never formally registered but are recognised as having taken place.