K1 Denied At Interview No Denial Letter

[geowrian 22,338]

15 minutes ago, Bradley1 said:

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.

A CO is not required to consider additional evidence. They often do, but in this particular case it seems the CO saw enough information already to make a decision.

It seems like the likely most significant negative factors were a single visit before filing, a short timeframe between meeting and engagement (Edit: appears to have been done on the first visit) , and the large age gap. Edit: And Pakistan is considered high fraud, which would be a factor as well.

No way to "fix" the short timeframe or age parts, but more time together is the best form of evidence to overcome any amount of negative factors. Good luck.

Edited December 11, 2019 by geowrian

[Danny10 14]

In Pakistan, getting divorced after 20 years of marriage isnt normal. Were you asked more details about that?

Do you have full custody of your underage kids?

Were you not asked about that?

Do you and your fiance have the same religion?

 

If you had an abusive past, I apologize for bringing this up 

1 minute ago, Danny10 said:

 

 

39 minutes ago, Bradley1 said:

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.

 

Edited December 11, 2019 by Danny10

[Bradley1 3]

13 minutes ago, Danny10 said:

In Pakistan, getting divorced after 20 years of marriage isnt normal. Were you asked more details about that?

Do you have full custody of your underage kids?

Were you not asked about that?

Do you and your fiance have the same religion?

 

If you had an abusive past, I apologize for bringing this up 

 

 

Yes, I was asked why I was divorced and when I was divorced

 

I have full custody of my children yes. I wasn't asked about this though. 

 

My fiance and I have the same religion Islam, but only difference is that he's from different islamic branch.

[Boiler 46,003]

Him moving with all that is going on seems the best bet.

[Danny10 14]

8 minutes ago, Bradley1 said:

Yes, I was asked why I was divorced and when I was divorced

 

I have full custody of my children yes. I wasn't asked about this though. 

 

My fiance and I have the same religion Islam, but only difference is that he's from different islamic branch.

Then perhaps length of this relationship is the issue. Getting married resolves this but the consular process can be long and enduring. Especially for your son. 

Good luck to you!

[Bradley1 3]

56 minutes ago, Danny10 said:

Then perhaps length of this relationship is the issue. Getting married resolves this but the consular process can be long and enduring. Especially for your son. 

Good luck to you!

We hope so.

Thank you.

[dentsflogged 352]

I'd also suggest that part of the issue may be that the Petitioner is 65 and is/was petitioning for 4 people (fiancee & 3 kids) - is it possible that the CO looked at petitioner's age and realised that being so close to retirement (if not already retired) that there's a higher risk of any of them being a Public Charge.  

[Bradley1 3]

12 minutes ago, dentsflogged said:

I'd also suggest that part of the issue may be that the Petitioner is 65 and is/was petitioning for 4 people (fiancee & 3 kids) - is it possible that the CO looked at petitioner's age and realised that being so close to retirement (if not already retired) that there's a higher risk of any of them being a Public Charge.  

Yea, but one of my kid got ineligible as he has turned 21 years old. But still possible with 3 applicants.

[geowrian 22,338]

Public charge may or may not have been an issue, but that would not result in the petition being returned. That's a separate inadmissability and the petition remains at the consulate.

[Boiler 46,003]

All other things being equal I favour the most obvious.

[kris&me 572]

The USC is 65 means he is on medicare (and whatever supp he can afford) / Medicare is a stand alone for the USC and he can not add anyone to it

  

It would mean he would have had to show not only enough income but be able to pay health insurance for the new wife and 2 kids (quite expensive) as 1 kid has aged out.

This is the same thing he is going to have to overcome in a new CR1 so when you decide to marry,  it will be important to talk to each other about finances and expenses

 

and don't give up if you found a blessed relationship

just be well prepared with solid facetime and all the documents

 

Immigration does not make it easy but all is worth it if you face this together 

 

[Bradley1 3]

1 hour ago, kris&me said:

The USC is 65 means he is on medicare (and whatever supp he can afford) / Medicare is a stand alone for the USC and he can not add anyone to it

  

It would mean he would have had to show not only enough income but be able to pay health insurance for the new wife and 2 kids (quite expensive) as 1 kid has aged out.

This is the same thing he is going to have to overcome in a new CR1 so when you decide to marry,  it will be important to talk to each other about finances and expenses

 

and don't give up if you found a blessed relationship

just be well prepared with solid facetime and all the documents

 

Immigration does not make it easy but all is worth it if you face this together 

 

He earned 38500 dollars last year. Do you guys think if this annual income is enough?

Edited December 11, 2019 by Bradley1

[Boiler 46,003]

39 minutes ago, Bradley1 said:

He earned 38500 dollars last year. Do you guys think if this annual income is enough?

Enough maybe to sponsor, not enough for a family of 4 to comfortably live on, especially as 3 of them will not qualify for the benefits a USC would.

[Danny10 14]

1 hour ago, Bradley1 said:

He earned 38500 dollars last year. Do you guys think if this annual income is enough?

I think around $32k is needed for family of 4. The USC can also include assets like savings accounts, certificates of deposit, and mutual fund investments. It's always better to show more upfront if possible - otherwise embassy will ask for joint sponsor- which may slow down the process further.

 

[Bradley1 3]

3 minutes ago, Danny10 said:

I think around $32k is needed for family of 4. The USC can also include assets like savings accounts, certificates of deposit, and mutual fund investments. It's always better to show more upfront if possible - otherwise embassy will ask for joint sponsor- which may slow down the process further.

 

So are we okay to go cr1 route since he earns enough. What about the health insurance kris&me mentioned about?