K-1 visa rejected twice since 2017

[Abcd1234 102]

Shouldn't there atleast be a reason why it was denied? It is unfortunate that couples from some countries with lowest divorce rates have very high denial rate based on assumptions that it is visa fraud. I mean shouldn't they tell why they think that a couple, whom lives probably will be devastated based on denial and who has invested time and money to come here legally and marry following all rules, is getting denied.

  We are very scared of this process.

[TandSarahJane 178]

32 minutes ago, Abcd1234 said:

Shouldn't there atleast be a reason why it was denied?

From USCIS there can be, because you can request a review.  From CO, no because there is no review/appeal for K1. If u think about it, the K1 really is a discretionary priviledge because there is nothing legally binding the couple together.

[Abcd1234 102]

I can't sleep at nights, our relationship is genuine( we have tons of proves), my other options to marry back in fiancee's country are not as simple as for others( cant disclose here), we will be devastated if we dont secure a visa to marry in usa. We will be heartbroken.

[Cyberfx1024 7,980]

4 hours ago, Abcd1234 said:

Shouldn't there atleast be a reason why it was denied? It is unfortunate that couples from some countries with lowest divorce rates have very high denial rate based on assumptions that it is visa fraud. I mean shouldn't they tell why they think that a couple, whom lives probably will be devastated based on denial and who has invested time and money to come here legally and marry following all rules, is getting denied.

  We are very scared of this process.

That is the reason why in all honesty. This has been proven again on here that if you have a traditional engagement ceremony and provide pictures to the CO then you are quite literally screwed. The reason for this is that the CO will assume that the couple is already traditionally married and thus deny the K1 visa. I can not tell you how many times here on VJ I have seen this exact same scenario playout from the India, Nepal, and Pakistan. 

[Ash.1101 1,756]

1 hour ago, Cyberfx1024 said:

That is the reason why in all honesty. This has been proven again on here that if you have a traditional engagement ceremony and provide pictures to the CO then you are quite literally screwed. The reason for this is that the CO will assume that the couple is already traditionally married and thus deny the K1 visa. I can not tell you how many times here on VJ I have seen this exact same scenario playout from the India, Nepal, and Pakistan. 

Correct.

Legally married and Traditionally married hold the same weight to most CO's of counties who value this traditional marriage heavily.


The only path now is a marriage visa or for the USC to move to Pakistan if for some reason the marriage visa just doesn't work out.

[Kastrs 723]

18 hours ago, HMM1234 said:

Hi everyone

 

My brother in law filed  a K-1 fiance visa for his fiancee in April 2017 (He's a U.S citizen and fiancee is in Pakistan), USCIS had objection that they haven't met in last two years (which is probably a requirement for this visa), so we provided them with pictorial evidence of engagement which was held in September 2017 in Pakistan after fling the petition in USCIS. But petition was rejected. 

They applied again in March 2018, this time they passed the USCIS stage and case was sent to embassy. After interview, case was in administrative processing for 1 and a half month. Unfortunately, visa was rejected this time. 

 

We are not sure what is the problem? and are confused that should we appeal or re-apply again on the same visa category or my brother in law should apply on spouse visa? will these rejections have effect on her spouse visa?

 

Visa Journey has been such a great help during my own visa processing. I am in U.S now and hope that you guys can help and give suggestions this time as well.

 

 

 

OP, as I am sure you are aware, it is not uncommon to sign the Nikah at an engagement, thus making the couple legally married even through not all traditional rituals have been completed

Regardless of weather of not the Nikah was signed in this case, the Embassy could have assumed the couple is legally married, thus making them ineligible for the K1

It would be very helpful to know the background of the couple, is this an arranged marriage? as well as exactly what transpired at the interview

 

Based on the information provided, I would suggest getting married including the Rukhsati, a CR1 can be denied for not completing all the normal wedding formalities 

 

[Jenny17655 284]

40 minutes ago, Kastrs said:

My brother in law filed  a K-1 fiance visa for his fiancee in April 2017 (He's a U.S citizen and fiancee is in Pakistan), USCIS had objection that they haven't met in last two years (which is probably a requirement for this visa), so we provided them with pictorial evidence of engagement which was held in September 2017 in Pakistan after fling the petition in USCIS. But petition was rejected. 

I know this is old news now but is it possible that the original petition got denied for the 2 year rule because it looks like your brother filed the petition in April 2017 BEFORE the meeting in person in Sept 2017.  The meeting in person must happen first!

[Abcd1234 102]

Luckily we didn't have any engagement ceremony.fingers crossed for interview 

[jakejon 1,197]

2 hours ago, Abcd1234 said:

Luckily we didn't have any engagement ceremony.fingers crossed for interview 

Keep the faith and good luck! 

[HMM1234 19]

 

On 2/7/2019 at 2:33 AM, Abcd1234 said:

@HMM1234

  What did they tell her after interview?

They gave her 221g paper. The online status shows refused but passport hasn't been returned yet.

[HMM1234 19]

On 2/7/2019 at 8:06 PM, Jenny17655 said:

I know this is old news now but is it possible that the original petition got denied for the 2 year rule because it looks like your brother filed the petition in April 2017 BEFORE the meeting in person in Sept 2017.  The meeting in person must happen first!

Nay, they are cousins. So, they have met several times, just not in last two years of filing the first petition. 

[HMM1234 19]

On 2/7/2019 at 7:23 PM, Kastrs said:

OP, as I am sure you are aware, it is not uncommon to sign the Nikah at an engagement, thus making the couple legally married even through not all traditional rituals have been completed

Regardless of weather of not the Nikah was signed in this case, the Embassy could have assumed the couple is legally married, thus making them ineligible for the K1

It would be very helpful to know the background of the couple, is this an arranged marriage? as well as exactly what transpired at the interview

 

Based on the information provided, I would suggest getting married including the Rukhsati, a CR1 can be denied for not completing all the normal wedding formalities 

 

Yeah, it will be an arrange marriage. They are cousins.

[Jenny17655 284]

They would have had to be in each others presence within the 2 years prior to filing.

[SalishSea 17,837]

On 2/14/2019 at 8:24 AM, HMM1234 said:

Nay, they are cousins. So, they have met several times, just not in last two years of filing the first petition. 

You got your answer:  they have not met one of the basic requirements of the K-1 visa, and are therefore ineligible.

[wxman22 109]

On 2/14/2019 at 11:25 PM, HMM1234 said:

Yeah, it will be an arrange marriage. They are cousins.

Are we allowed to marry cousins? or maybe that's just a New York State rule??