Refused K1 at SDO

[msrodriguez 267]

Hi everyone. Here’s our story. 

 

He lives in the DR. There is a 14 year age gap. We met one year and 7 months ago while I was staying at the resort he works at. Neither of us have ever been married. I have visited 5 times. I make more than the required income. I have owned my condo for 11 years. I have had the same job for almost 13 years. My family speaks Spanish and English. We have a very good support system here. 

 

Our interview was 6/24. I was not

able to attend for several reasons. One of which is because I figured we had to interview prior to the expiration date on the NOA2. Silly me for thinking that exoneration date was something to pay attention to. I know several other couples that have been approved with no problems and only one person attended the interview. Also, it’s not required! 

 

Anyway, I sent my fiancé the binder with all of paperwork including several pages of photos (including with family members), receipts from wedding planning, my passport pages, copies of conversations (including with his Mom and sister, copies/receipts from all five of my trips.  We had more than enough proof. 

 

The officer asked him a ton of questions (to be expected), but never asked to see any proof of our relationship. She never asked to see one item from our binder. At the end of the interview she gave him the dreaded white paper - requesting documents. The killer - it was all there in the binder!! 

 

Anyway, the officer requested 5 documents/proof of that our relationship. THE SAME DAY we sent in 4 of the 5 documents as requested. We were not able to send the fifth document because the officer was asking us to show proof of joint assets. Well, clearly, that’s not possible at this point. 

 

We included a note note with the packet that we sent in and explained that we are happy to provide anything that they request and we supplied 4 of the 5 items requested ... we cannot send a statement of joint assets because we’re not married... we’re applying for the K1 visa blah blah. 

 

I know they received the packet on either 6/25 or 6/26. We have been in AP status since that time. Patiently waiting. Well, the week before last they sent us an email asking that my fiancé return to the embassy at the earliest convenience. Of course he works, so he was finally able to go this morning. 

 

He went to the window. Showed them the email with received. The officer said one moment. She returned with his passport and a letter. Told him to read the letter. Here’s what the letter said: 

 

“Your visa has been refused because you have 

been found ineligible under section 212G - Return of petition to USCIS - Petition no longer valid. The people is no longer valid and the consular has declined to revalidate the petition.”

 

 

 

Advice? Questions? Comments? Thoughts? Next steps? Please help 😞

 

 

 

[JeanneAdil 6,491]

Joint assests for a K1?

she must have thought she was interviewing for a spouse visa

 

but the next step is to marry and apply for the CR1

Best wishes for the future

[msrodriguez 267]

5 minutes ago, JeanneAdil said:

Joint assests for a K1?

she must have thought she was interviewing for a spouse visa

 

but the next step is to marry and apply for the CR1

Best wishes for the future

Thank you, but why can we not appeal to correct that? 

[Nin&Way 69]

Yes i would get married too, and apply for CR1. Immigration process is tricky. Just be  patient and hopefull. Best of luck to you two.

[msrodriguez 267]

1 minute ago, Nin&Way said:

Yes i would get married too, and apply for CR1. Immigration process is tricky. Just be  patient and hopefull. Best of luck to you two.

We are penalized for their mistake? Somehow that just doesn’t seem okay. 

Edited August 19, 2019 by msrodriguez

[Pinkrlion 2,716]

WOW! The embassies have been doing that a lot lately. They can extend the expiration date of your petition if they want. 

 

You should contact your congressman and get them involved. 

 

However, once your petition expires all u can do is reapply. 

[msrodriguez 267]

15 minutes ago, Pinkrlion said:

WOW! The embassies have been doing that a lot lately. They can extend the expiration date of your petition if they want. 

 

You should contact your congressman and get them involved. 

 

However, once your petition expires all u can do is reapply. 

Yes, our Congressman is involved. 

[Boiler 45,467]

In these situation the petition is returned and allowed to die, so marry and go the CR1 route.

[msrodriguez 267]

7 minutes ago, Boiler said:

In these situation the petition is returned and allowed to die, so marry and go the CR1 route.

It just takes so long. It’s rather discouraging. 

[usmsbow 801]

1 hour ago, msrodriguez said:

 

The officer asked him a ton of questions (to be expected), but never asked to see any proof of our relationship. She never asked to see one item from our binder. At the end of the interview she gave him the dreaded white paper - requesting documents. The killer - it was all there in the binder!! 

 

What were some of the questions? Did your fiance have a problem answering them? What would lead them to believe the relationship was not legitimate? Has your fiance ever applied for a visa to the US before? 

 

You said a 14 year gap. 20 and 34? 30 and 44? If the former (or close to that), their skepticism makes a bit more sense. 

 

Anyway, I agree with the others: get married, file for CR-1.

[Boiler 45,467]

2 minutes ago, msrodriguez said:

It just takes so long. It’s rather discouraging. 

Marginally longer than a K1 and the K1 has many disadvantages. It would be a very rare situation where a K1 would be suggested now.

[Crazy Cat 41,836]

I think you will now have to either refile for a K-1 or marry & file for a CR-1............the following is why I would advise you to seriously consider the CR-1:

 

K-1   
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited August 19, 2019 by missileman

[msrodriguez 267]

Thank you everyone 

[JeanneAdil 6,491]

3 hours ago, msrodriguez said:

Thank you, but why can we not appeal to correct that? 

There is no appeal for a k1 denial

[SalishSea 17,818]

I would be very surprised (shocked) if it was a case of the interviewing CO not "knowing" which visa your fiancé was interviewing for.  That just doesn't happen.  If that was the case, a marriage certificate would have been on the 221g list of documents.

 

There is no appeal for a refused K-1.  Congressional rep cannot intervene in the consular decision.

 

This is the second case in the past week we've seen refused due to petition expiry.  Interesting.....

 

Good luck with the CR-1 if that is the direction for you.