k1 Fiance Visa Refused and Received Termination Notice

[Unlockable 7,314]

3 hours ago, Robin19 said:

Yeah. I think people should consider this fact if the intend to apply for a fiance visa.

 

3 hours ago, missileman said:

It is repeated here on VJ very, very frequently.......

 

3 hours ago, Daphne K said:

Many information about this very topic here on VJ 😉

Agreed.

 

It is one of the biggest advisories here on VJ. The problem is that it is only limited to this forum. So there is a huge population of future immigrants that may not get this message. Although @Robin19 can help by sharing your experience with engagement ceremonies with your community and those you know personally that are looking to immigrate in the K1. It will spread the word, and it many not be many, but if you can save one other person the grief you are going through, it will be worth it. 

[dentsflogged 352]

3 hours ago, Robin19 said:

Yeah, like out of many possible reasons I also think that the CO might have taken my engagement pictures as wedding pictures. I emailed and faxed them a formal letter after the interview requesting them to give me reason but they replied back to my email within 2 days telling me that I need to contact USCIS as they are sending the petition back to them. It was a very fast action, I thought they would take a couple of months to send my petition back to USCIS.

I'm mid-way through page 3 and I'm surprised no one has mentioned your comments regarding the incorrect answers given at interview as a possible reason for all of this, too - if your partner was asked your age TWICE and she got it wrong TWICE that's a huge red flag in my eyes.  If you just had a birthday I can imagine saying "he's 29, oh wait no he just turned 30 last week" being acceptable but if the CO has your details in front of them and can see you're 35 (as an example) and she's said "he's 33" then later when asked again says "he's 37" that's a big problem. Same as not knowing who you work for.  Incomplete answers would be fine ("He works for Mockingbird" rather than "Mockingbird Industries") but giving a totally different company or job role or whatever is an issue.
 

IMO you'll have a better chance if you go to India, marry, and spend a large amount of time together. Several months at least. Really get to know each other properly.  Personally, if I were in your shoes, I'd expect that the interview for her spousal visa to be extra-thorough based on the CO notes from this one, so she'll probably be asked more questions and more in-depth ones with a higher threshold for "correctness" given that she got so many fundamental things wrong with this one, they'll be on the lookout for signs of fraud and a marriage of convenience to get her a green card vs. for love and to be together.

[SalishSea 17,654]

8 hours ago, Robin19 said:

Before getting into this situation I always thought that it was my right to sponsor any woman I wanted to

Immigration is not a right.

[SalishSea 17,654]

5 hours ago, dentsflogged said:

MO you'll have a better chance if you go to India, marry, and spend a large amount of time together. Several months at least. Really get to know each other properly.  Personally, if I were in your shoes, I'd expect that the interview for her spousal visa to be extra-thorough based on the CO notes from this one, so she'll probably be asked more questions and more in-depth ones with a higher threshold for "correctness" given that she got so many fundamental things wrong with this one, they'll be on the lookout for signs of fraud and a marriage of convenience to get her a green card vs. for love and to be together.

Agreed.  I would also not be surprised to see a rather long AP, since you've already given them reason to doubt the bona fides.

[Robin19 3]

22 hours ago, GabLuc said:

The CO are very versed on he cultures of the countries they service. 

 

I doubt it will be the engagement party, since Indians are known for lavish celebrations. 

 

I think it may be the incorrect answers, I mean who doesn't know where their spouse works? Or their date of birth? That seems shady especially if the CO thinks those are basic questions that require no thought. 

 

It's proof of a bonafide relationship they are trying to determine. If you file the CR1 visa, she will still need to be interviewed. Work on your relationship, and determine the best route for your family. Immigration is complicated everywhere in the world.

Hi thank you for your input. Yeah now I also believe bonafide relationship could have been a big factor in her interview. On the lavish engagement ceremonies, I want to add one more point that in some cultures (like Indian's), usually girl's parents' blessings  and participation in a girl's marriage are considered very important due to the social setup and expectations, and there have been many case where the couple got married to fulfill this social requirement and they went for k1 visa anyways instead of spousal visa. So the CO officers in such places are aware of this and can look at the fiance with a doubt like he or she is already married. I know one case where the girl was already married and went to attend the fiance visa interview. The CO officer caught her because the girl still had "mehndi" decoration on her hands. The CO noticed some other points as well during the interview as well. The girl couldn't handle the situation and CO officer refused the visa but did say that she needed to go for spousal visa.

[Robin19 3]

22 hours ago, geowrian said:

I've posted on the subject in greater detail in the past. Search for P6C, or P6C1 markers (sorry, I'm running out the door as I post this and can't pull it up that quickly).

 

Basically, as policy is written right now, a returned I-129F get s P6C (fraud) marker associated with it. If the petition is subsequently revoked by USCIS, this marker automatically becomes a finding, which incurs the permanent (but waivable) bar.

However, this is not how fraud/misrepresentation bars were intended to be used. They are intended for cases where there is a willful, material misrepresentation made. In the above case, the finding comes from the fact of being unable to prove your case, not due to intentional misrepresentations. It's mixing the burden to show that you qualify for the benefit sought versus the burden of showing an intentional misrep.

As such, USCIS policy is to no longer review returned I-129Fs. This lets them expire and terminate instead of being revoked.

 

This does not mean they don't review a previous petition or case when you file again. It also does not mean that there can't be a bar for misrepresentation due to other factors involved with the petition, visa application, or interview. It's just not automatic as a result of the petition being returned and subsequently revoked.

But unless there is reason to suspect a misrep, I would not assume there is one until told otherwise.

Hi thanks a ton for this valuable information! Sorry for the late reply as VJ had blocked me to post more replies yesterday, perhaps due to posting number limit for new users. You are the only one of few people on VJ forums who seem to know a lot and in depth. In case you have some info on this as well,  could you please let me know what happens if the K1 visa rejection becomes obstacle (just in case) during the spousal visa interview? What are the remedies for this situation? Actually my fiance's parents are very worried about this situation just in case we assume the worst and I can't seem to find any info on this.

 

 

Edited July 17, 2019 by Robin19
added some more details

[Robin19 3]

21 hours ago, JeanneAdil said:

very serious would be something that was not honest (an outright lie)

any misrpresentation is serious

 

criminal report is bad???? or medical exam showed an issue????

these you would be aware of

 

photos that look like a marriage instead of engagement party will not mean a denial of spousal visa (unless the marriage certificate shows a date before or  during the K1 process)

Hi there were no issues with criminal record or medical exam.

Edited July 17, 2019 by Robin19
typos fixed

[Robin19 3]

21 hours ago, carmel34 said:

The best route for you is to find out as much information as you can get on why she was denied the K-1 visa.  That could be through FOIA requests.  I also suggest that you spend more time with your fiancee (you only visited her once?) and have a deep heart-to-heart discussion about her past.  Does she have any other denied visa applications?  Previous romantic relationships with people in the US?  Any overstays in the US?  Any family members living in the US?  All of these issues could have played a role in her denial.  If, after a long talk with her, in person, about these issues, if you are satisfied that she is telling you everything, you both have a decision to make about your future and if you think the reason for the K-1 denial can be overcome through a CR-1 application.  If the only reason for the denial is the lavish engagement party, you will most likely be successful if you spend more time with her in person and co-mingle finances as much as you can.  But if there are other challenges from her past that you did not know about, it could be a longer road and more difficult to overcome.  If your love for each other is strong enough, you will find a way to be together someday, regardless of how long it takes, either in the US via a CR-1 spousal visa, or you can go and live with her in India or some other country outside the US.  Good luck!

Hi thank you for advice, very good points! She doesn't have any previous visa applications or relations in the US or any country. So now I think it was just the interview she couldn't handle properly.

[Crazy Cat 41,467]

11 minutes ago, Robin19 said:

Hi thank you for advice, very good points! She doesn't have any previous visa applications or relations in the US or any country. So now I think it was just the interview she couldn't handle properly.

Was there any part of the interview where the CO seemed concerned or asked more questions.  Usually, an analysis of what was said during the interview can provide a pretty good idea of the reason for denial.

[Robin19 3]

2 minutes ago, missileman said:

Was there any part of the interview where the CO seemed concerned or asked more questions.  Usually, an analysis of what was said during the interview can provide a pretty good idea of the reason for denial.

According to my fiance, the interview lasted for less than 10 mins. She said that the CO officer seemed to be in a very bad mood and she felt liked the officer had already made up her mind to refuse the visa. If I have to pin point a situation where the officer seemed concerned was when she pointed out at 2-3 pictures of the engagement and asked my fiance who were those people (like pointing  at her grandmother, my uncle, father, etc). There were like 30 relatives who attended the engagement and I think now it wasn't a good thing. It gives cause some misunderstanding in the CO's mind.

[Crazy Cat 41,467]

8 minutes ago, Robin19 said:

According to my fiance, the interview lasted for less than 10 mins. She said that the CO officer seemed to be in a very bad mood and she felt liked the officer had already made up her mind to refuse the visa. If I have to pin point a situation where the officer seemed concerned was when she pointed out at 2-3 pictures of the engagement and asked my fiance who were those people (like pointing  at her grandmother, my uncle, father, etc). There were like 30 relatives who attended the engagement and I think now it wasn't a good thing. It gives cause some misunderstanding in the CO's mind.

Did you fiance use the word meaning "marriage" when describing the pictures?

[Robin19 3]

3 minutes ago, missileman said:

Did you fiance use the word meaning "marriage" when describing the pictures?

According to her she didn't. She said the CO was very to the point. There is one more thing that my fiance used a translator as she was confident that she would understand everything in English and she tells me that she felt like the CO office would say something which sounded more in detail and the translator would tell my  fiance in a very few words what the CO said and the translator conveyed my fiance's messages in a very short form to CO as well. So so many things didn't go well that day.

[JeanneAdil 6,405]

1 hour ago, Robin19 said:

Hi there were no issues with criminal record or medical exam.

I didn't say there were

i said these would be the serious issues that would stop a further any further visa processes which is the question you asked

 

wow using a translator

In Morocco they allow this but they usually deny if a K1 and even CR1  (anyone other than an older person wanting to visit)  as they feel the immigrant should use English and show a good knowledge to be able to cope with life in the US

[geowrian 22,337]

1 hour ago, Robin19 said:

Hi thanks a ton for this valuable information! Sorry for the late reply as VJ had blocked me to post more replies yesterday, perhaps due to posting number limit for new users. You are the only one of few people on VJ forums who seem to know a lot and in depth. In case you have some info on this as well,  could you please let me know what happens if the K1 visa rejection becomes obstacle (just in case) during the spousal visa interview? What are the remedies for this situation? Actually my fiance's parents are very worried about this situation just in case we assume the worst and I can't seem to find any info on this.

Yeah, there's a limit on posts for new users.

 

The remedies would depend on the specific cause of issue with a spousal visa. If it's a lack of bona fide marriage evidence, then more evidence is needed. Time spent together in person is optimal.

This is where I would put my focus if I were in that position. Have a strong case, present a strong case.

 

If the issue was a misrepresentation inadmissibility (theoretically - I'm in no way suggesting this is the case), then there would be an opportunity to file an I-601 hardship waiver once determined otherwise eligible fore the visa.

[Robin19 3]

11 minutes ago, geowrian said:

Yeah, there's a limit on posts for new users.

 

The remedies would depend on the specific cause of issue with a spousal visa. If it's a lack of bona fide marriage evidence, then more evidence is needed. Time spent together in person is optimal.

This is where I would put my focus if I were in that position. Have a strong case, present a strong case.

 

If the issue was a misrepresentation inadmissibility (theoretically - I'm in no way suggesting this is the case), then there would be an opportunity to file an I-601 hardship waiver once determined otherwise eligible fore the visa.

Hi thanks a lot again! Your reply gives me lots of hope! BTW is the refusal of visa = denial of visa? Thanks.