K1 Denied At Interview No Denial Letter

[JFH 12,191]

Is your husband planning to move to Pakistan then? The good thing about international relationships is that are almost always two options.

[Boiler 46,125]

Well they are engaged and must admit I have zero knowledge about the process for him to migrate. Maybe somebody else could chime in.

[geowrian 22,338]

2 hours ago, Bradley1 said:

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

For a child/stepchild petition it would. Not for an I-129F.

[Unknown4 10]

7 hours ago, Bradley1 said:

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.

 

 

7 hours ago, Bradley1 said:

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.

 

You suppose to asked the co at your interview day,why he denied you,you have chance to asked him that particular day. If you dont know reason he denied you now. Your US fiance need to come to get married to you in your country and file cr1

[Sparkle Sparkle 914]

It's age of k2 at POE that matters and K2 cannot enter POE before K1... It has to be together or after K1... It's sad but if the petition is sent back it will die... Hardly any review on K1 decision.. My advice is do the CR1 as fast as you can. Good luck 

[Bradley1 3]

5 hours ago, Sparkle Sparkle said:

It's age of k2 at POE that matters and K2 cannot enter POE before K1... It has to be together or after K1... It's sad but if the petition is sent back it will die... Hardly any review on K1 decision.. My advice is do the CR1 as fast as you can. Good luck 

Can we file for Cr1 now? While this k visa is still in process to be sent to uscis?

And since this k visa got rejected because of age difference. I feel that the cr1 route will have the same issue.

[carmel34 3,655]

If you decide to get married and file for a CR-1, a petition can be filed as soon as you have a marriage certificate.  You don't have to wait for the K-1 to die.  In your case, however, I would recommend more time together in person, additional visits by the US citizen spouse to Pakistan so that you can assemble more evidence of a bona fide relationship, to overcome the age gap problem.  More passport stamps, boarding passes, hotel receipts, photos.  And for a spousal visa you should try to co-mingle finances as much as possible while living in separate countries.  For example, we submitted, with the I-130 petition for a CR-1 visa, joint credit card statements, will, living will, life and health insurance beneficiary statements, retirement plan beneficiary statements, etc.  Wait until you have more evidence like this to submit with the I-130 petition, or you may have the same outcome, a denial, as with the K-1.  Good luck!

Edited December 11, 2019 by carmel34

[Boiler 46,125]

Not now, you need to marry first, but can file as soon as you have.

 

Age difference is not a reason to reject.

[geowrian 22,338]

An age difference alone is not a cause for a refusal. It can be a red flag, as appeared to be the case here, and the totality of the circumstances was not enough to convince the CO of a bona fide relationship.

This will need to be overcome by filing a new petition (marrying and doing an I-130 is suggested) alongside more evidence to show a bona fide relationship - usually via more time spent in person.

[SusieQQQ 11,587]

And of course you have to figure out what to do about the son you will leave behind. Once you eventually have a green card you can sponsor him, but that usually takes about 5-7 years to complete the process (and he will have to remain unmarried throughout); or he can marry after you become a citizen and be ok to keep the petition but then the time lengthens to around 15 years. The short version is that you need to be prepared to leave him behind for a long time. Not sure this was in the plan when you decided this originally.

 

Separately, I’m wondering that if the lawyers got something as basic as K2 eligibility wrong, I’m wondering if they got other things wrong too or just given bad advice that may have partly led to the denial?

[Boiler 46,125]

Probably more obvious. Lawyer seems incompetent but that is another issue.

[Bradley1 3]

51 minutes ago, geowrian said:

An age difference alone is not a cause for a refusal. It can be a red flag, as appeared to be the case here, and the totality of the circumstances was not enough to convince the CO of a bona fide relationship.

This will need to be overcome by filing a new petition (marrying and doing an I-130 is suggested) alongside more evidence to show a bona fide relationship - usually via more time spent in person.

Thr CO didn't even look at the evidence I passed him the photo album of our trip to Dubai. He refused to see ig saying "No, thank you.". 

And he didn't even bother to look at the chat and call logs.

Just saw my documents asked about my previous marriage how I got divorce and concluded the visa is not approved.

Maybe I got divorce just 3 months before meeting and getting engaged with my fiance. That too maybe is a red flag.

[Bradley1 3]

1 hour ago, carmel34 said:

If you decide to get married and file for a CR-1, a petition can be filed as soon as you have a marriage certificate.  You don't have to wait for the K-1 to die.  In your case, however, I would recommend more time together in person, additional visits by the US citizen spouse to Pakistan so that you can assemble more evidence of a bona fide relationship, to overcome the age gap problem.  More passport stamps, boarding passes, hotel receipts, photos.  And for a spousal visa you should try to co-mingle finances as much as possible while living in separate countries.  For example, we submitted, with the I-130 petition for a CR-1 visa, joint credit card statements, will, living will, life and health insurance beneficiary statements, retirement plan beneficiary statements, etc.  Wait until you have more evidence like this to submit with the I-130 petition, or you may have the same outcome, a denial, as with the K-1.  Good luck!

This sounds about right. We will not rush this time and gather a lot of evidence before filing for any visa.

Actually we filed for our k1 visa so quickly and early because our son he was aging out and had only 2 months and our silly lawyers suggested we file as early as possible and we rushed. He misguided us that on the i-129f the age he was at the time of petition counts.

 

Oh well, we have discussed a lot of about his age.

 

If we plan to file for cr1, we will definitely change our lawyer and if you know any good, realiable lawyers in Chicago to suggest, please let me know.

Edited December 11, 2019 by Bradley1

[Boiler 46,125]

So you met once,

 

In Dubai.

[Bradley1 3]

3 minutes ago, Boiler said:

So you met once,

 

In Dubai.

We met twice. The first time he came to Pakistan for engagement. Then we decided to go on a trip outside our city.

 

Then recently in October we went on a second trip to Dubai.

 

So we met him twice.