K1 Denied At Interview No Denial Letter

[Bradley1 3]

Hello, we recently had K visa interview. K2s including my 3 children.

The first thing at US Embassy, they called us to submit our original documents and passports. But told us that NVC only forwarded them 3 applicants instead of 4, and my son who at the time of petition was 20 years old is now ineligible as he has turned 21.

Well after requesting them a lot they forwarded his documents to the consular officer but they told me beforehand he will tell me the same thing about my son's age.

We waited for awhile for our turn, when we were called by consular officer. He started asking me questions. Somehow he didn't seem convinced of the relationship because of me and my fiance's age difference which is I am 17 years younger than him but I am a woman with 3 children. I don't know why he didn't seem convinced. He refused to see our photo album when I tried to show him when I mentioned him about our Dubai trip with him.

Well in the end he told me that my son ineligible because of his age. And visa is not approved and we are returning it to USCIS for further reasoning. 

Then he said here are your passports and original documents. Which hd gave us back without any denial letter or instructions. 

 

Now our lawyer and my fiance they are all so confused our lawyer is so angry at them because they didn't provide us any denial letter or anything after the denial.

We are really confused and don't have any clue what to do next?

Lawyer will call the embassy and ask for supervisory review on the case.

Why he didn't provide us the denial letter?? 

I am also confused about my son's denial like this as he had ds 160 form name on appointment letter and medical records too.

 

Edited December 11, 2019 by Bradley1

[pushok 231]

Perhaps you can provide little more information about your background so others here can help you. 

[Bradley1 3]

9 minutes ago, pushok said:

Perhaps you can provide little more information about your background so others here can help you. 

Well, I am 48 years old from Pakistan and my Fiance is 65 years old. I don't have any criminal record or any inadmissiblility.

Feel free to ask me anything related to my background to help. 

Thank you

Edited December 11, 2019 by Bradley1

[Boiler 46,003]

Arranged marriage?

[Bradley1 3]

1 minute ago, Boiler said:

Arranged marriage?

No we are engaged couple and met online. The post is related to k1 fiance visa.

Edited December 11, 2019 by Bradley1

[Boiler 46,003]

Well a K1 is returned and allowed to die, so the real issue is the next step, whether you file again or what would more normally be recommend on here marry and go the Cr1 route.

 

What are the ages of your other children?

[Bradley1 3]

3 minutes ago, Boiler said:

Well a K1 is returned and allowed to die, so the real issue is the next step, whether you file again or what would more normally be recommend on here marry and go the Cr1 route.

 

What are the ages of your other children?

Well even if its returned why didn't he provide us with the denial letter when he refused the visa? That's the confusing part.

 

Eldest son is 21 years old now. Daughters are 14 and 7 years old

 

[Bradley1 3]

The law says you have to provide the applicant written denial letter under which INA section the visa is denied for, right?

[Boiler 46,003]

There is normally a letter you are given where the tick the box against the relative paragraph. Just wondering if there is something specific to this Consulate.  I assume the Lawyer will get the official letter.

 

Well the Daughters will not age out assuming you go the Cr1 route.

[Bradley1 3]

58 minutes ago, Boiler said:

There is normally a letter you are given where the tick the box against the relative paragraph. Just wondering if there is something specific to this Consulate.  I assume the Lawyer will get the official letter.

 

Well the Daughters will not age out assuming you go the Cr1 route.

No one has gotten any letter lawyer os confused too. It's islamabad us embassy, I believe they do give a denial letter.

[Boiler 46,003]

Probably best to leave it to the lawyer to get the letter whilst you decide what to do next.

[Bradley1 3]

8 minutes ago, Boiler said:

Probably best to leave it to the lawyer to get the letter whilst you decide what to do next.

We will try cr1 route.

Just thinking maybe lawyer could turn this around by having consulate supervisor review our case.

 

Also I read somewhere, consular officer doesn't provide denial letter to those with criminal record or links to terrorism.

Well my record is very clean but my fiance has criminal record of False Identification Documentation from 2004.

Do you guys think if that caused our refusal and the reason of CO not providing us any denial letter?

[Boiler 46,003]

I have not come across that as a  reason for not issuing a letter. Most people with criminal issues can file waivers.

[SusieQQQ 11,587]

Just a comment on the child over 21, the refusal was correct.  It is not the age at date of submission of petition or DS160 that matters but the age at date of entry into the US. K derivatives are not protected by CSPA.

 

I don’t know if the appeal to the consular supervisor will help, generally you cannot appeal a consular decision. 

 

 

 

Edited December 11, 2019 by SusieQQQ

[Bradley1 3]

1 hour ago, Boiler said:

I have not come across that as a  reason for not issuing a letter. Most people with criminal issues can file waivers.

Perhaps the CO was a rookie then.

 

1 hour ago, SusieQQQ said:

Just a comment on the child over 21, the refusal was correct.  It is not the age at date of submission of petition or DS160 that matters but the age at date of entry into the US. K derivatives are not protected by CSPA.

 

I don’t know if the appeal to the consular supervisor will help, generally you cannot appeal a consular decision. 

 

 

 

It's really strange our silly lawyers kept saying age at the time of petition counts.

Oh well, we are really torn up and devastated by this refusal and I am really discouraged to try even for cr1 route.

Having such a blessed relationship and in the end all we get is refusal from a rookie consular officer.

May God saves everyone from such mishaps.

 

Edited December 11, 2019 by Bradley1