k1 Fiance Visa Refused and Received Termination Notice

[Robin19 3]

3 minutes ago, ilovelondon said:

most k1 refusal because the don't trust its true relationship.i guess yours because they think you have married

In this case, if We marry will it create some trouble during the interview again for spousal visa?

[Boiler 44,943]

Begs the question what was missing.

[Dashinka 24,150]

11 minutes ago, Robin19 said:

I was expecting that we would be asked for the incomplete documents but they sent the petition back to US within a week!!!

What documents were incomplete?

[Robin19 3]

Just now, Bill & Katya said:

What documents were incomplete?

Well, they didn’t mention what they think is missing and we were also never asked for the missing documents. 

[Crazy Cat 41,288]

I'm not sure why you thought you would get a NOID.  The normal procedure for a denied K-1 is to send it back to USCIS to expire...which is exactly what happened......If the CO thought you were married as evidenced by "wedding" pictures, then the best option is to get legal marriage documentation and apply for a spousal visa.  However, if there was another reason, then marriage might not be the remedy.  If the K-1 petition was sent back due to missing items, them you could reapply for a K-1 (if you knew what items were missing)......but, even then, a CR-1 would probably be a better option.

 

Your fiance could contact USCIS or a Congressperson to try to determine why the case was returned.....that is really the first step.....determining the reason....

[SalishSea 17,503]

1 hour ago, Robin19 said:

I am concerned about the nature of the Termination notice and what happenes if she is refused again for visa if I marry her.

All you can do is try.  There are no guarantees.

[Robin19 3]

1 hour ago, missileman said:

I'm not sure why you thought you would get a NOID.  The normal procedure for a denied K-1 is to send it back to USCIS to expire...which is exactly what happened......If the CO thought you were married as evidenced by "wedding" pictures, then the best option is to get legal marriage documentation and apply for a spousal visa.  However, if there was another reason, then marriage might not be the remedy.  If the K-1 petition was sent back due to missing items, them you could reapply for a K-1 (if you knew what items were missing)......but, even then, a CR-1 would probably be a better option.

 

Your fiance could contact USCIS or a Congressperson to try to determine why the case was returned.....that is really the first step.....determining the reason....

Thanks. I think I kept reading on these forums that I will get NOID, NOIR, or nothing. Looks like I mixed up different cases reading here. Do you know by any chance what kind of reasons can cause trouble during spousal visa interview? None of us have any criminal record.  I will also look into contacting a congressperson.

[Ash.1101 1,755]

If they didn't tell you what you were missing, chances are they were simply implying that you didn't have enough.  They won't ask for more relationship proof, they will only ask for things that would support a document, such as needing a copy of a divorce decree, or a cosponsor to satisfy the I-134 requirement. It's very rare for them to ask for more relationship proof, as that's usually established at interview.

[geowrian 22,337]

NOID is issued before approval of the petition.

NOIR is issued after approval of the petition (there's nothing to revoke before it's approved...).

A termination notice is issued when the validity period of the petition expires. This is the case for a returned I-129F. There's a more in depth reason for this, but the short version is it avoids a potential misrepresentation bar.

[Daphne . 1,825]

8 hours ago, Robin19 said:

 what happenes if she is refused again for visa if I marry her

Would that be a reason not to marry her? What would happen if her spousal visa would be denied too?

 

The worst case scenario would be that you both would live somewhere else in case her spousal visa gets denied too.

 

But you still have options for the spousal route, time to see each other more, and the evidence of a genuine relationship/marriage will come kind of naturally. 

[Dashinka 24,150]

9 hours ago, Robin19 said:

In this case, if We marry will it create some trouble during the interview again for spousal visa?

If they denied the K1 because they thought you appeared too married for a fiancé visa, then it should cause no issues if you pursue a spousal visa.

[Nitas_man 3,100]

13 hours ago, Robin19 said:

Hi guys, I hope someone can help me. My fiance in India received 221G letter after her interview for Fiance visa in January this year. Her 221G letter stated that your file is incomplete, therefore your visa application has been refused. They put it under administrative process. After doing extensive research in this forum I was sure that it will be sent back to US and that’s what happened.

 

Within a week of the interview they notified us that they sent back the petition to USCIS for review, with a possibility of revocation of petition. Everything was happening according to the information provided by lots of contributors in this forum. So I was expecting NOID or NOIR after 4 months.

 

However, instead of receiving the NOID or NOIR, after 5 months I received a Termination Notice from USCIS stating that the petition has expired because it reached validity period of 4 months. It also stated that the petition was returned to USCIS with a finding that the beneficiary was not issued the requested K-1 Visa. All USCIS action in this matter is terminated as of the date of this notice.

 

I searched google and hardly found 2 similar cases posted by other people of receiving Termination notice instead of NOID, NOIR, or receiving nothing.

 

1) Does anyone have any good information on this type of Termination Notice letter?

 

2) Is it safe to go for the marriage path and after getting married I file for the marriage petition? I read here a lot that I must find the reason of denial. How do I do that if that is a must as I also read that it is still very difficult to find the reason of denial under FOIA.

 

3) What happens, let’s say I am not able to find the reason of failing the interview, I still proceed to get married and my fiance fails the interview based on the reasons happened during her fiance visa interview? Will I never be able to reunite with her, or at least that easily?

 

4) Is the refusal of application equal to “denial” of visa?

 

On the refusal part I can provide some info.. I can think of some points like after getting engaged I never visited my fiance in India (the question was asked as well why I didn’t visit India). There is a 10 years of age gap (I am in mid 30s), we belong to different religions, our education backgrounds are very different, there is a possibility that her state is considered a fraud state because people are crazy there to go to other countries, we had a lavish engagement which can look like a wedding to some people by looking at the pictures. She also used a translator instead of giving the interview in English. She also gave some wrong answers during the interview my correct age (question was asked twice in different ways), my employer’s name, I can't remember but there was one more.

 

So from the officer’s point of view, I can see many reasons of refusal like  bonafide relationship issue, from the wedding pictures it may look like misrepresentation. From other factors the officer might have thought the girl simply wants to to get into US.

 

But I think if the reason of refusal must be found then there is no point of guessing because some reasons carries more weight than others. So I must find a the real reason of refusal if it is definitely required before getting married.

 

I really appreciate it if I can get some help here. It has been really stressful for both of us and we are living a life with uncertainties for the last 6 months. Many of you know how it can negatively impact someone's entire life.  I have already checked with 2 immigration lawyers and they both said I have the choice of getting married and then file for that petition however there is no guarantee and it is your choice. I am going to meet one more lawyer soon. But I hope someone can provide really useful info here as well. Thanks a lot for reading this long message!

In the case of K1 the case is returned and it languishes until it expires.  

It does not sound like you were told exactly what was missing so it could be any combination of the things that you guessed, including the photos that even you called “wedding pictures”.  Many times K1 visas are denied because it looks like the couple had a wedding ceremony.

Did you email the embassy at all and get any information before the case was returned?

Your only option seems to be to return and marry then file an I-130 for spousal visa.  

 

[Robin19 3]

9 hours ago, geowrian said:

NOID is issued before approval of the petition.

NOIR is issued after approval of the petition (there's nothing to revoke before it's approved...).

A termination notice is issued when the validity period of the petition expires. This is the case for a returned I-129F. There's a more in depth reason for this, but the short version is it avoids a potential misrepresentation bar. 

Hi thank you for the information. I didn't know all this. Could you please let me know what do you mean by "there's a more in depth reason for this....". ? I want to proceed with the marriage but I am having trouble knowing how safe it is to do it when people say that I must find the reason of refusal and I think I won't be able to find the reason after the petition is terminated. Thanks.

[Robin19 3]

3 hours ago, Bill & Katya said:

If they denied the K1 because they thought you appeared too married for a fiancé visa, then it should cause no issues if you pursue a spousal visa.

Don't they take it as a misrepresentation which can be taken as a fraud?

[Robin19 3]

4 hours ago, Daphne K said:

Would that be a reason not to marry her? What would happen if her spousal visa would be denied too?

 

The worst case scenario would be that you both would live somewhere else in case her spousal visa gets denied too.

 

But you still have options for the spousal route, time to see each other more, and the evidence of a genuine relationship/marriage will come kind of naturally. 

Will she be able to come to US eventually if that happens (denial of spousal visa)? Thanks.