Returning petition to USCIS for review and possible revocation!!

[adarkenigma 0]

12 hours ago, payxibka said:

You need to be certain to cure the reason for the denial or you may simply end up in the same situation 

How once does go about to inquire that, if its looks like they might not even reply or send letter. I initially had RFE letter in which I provided more proof of relationship and then USCIS forwarded case to India. 

[adarkenigma 0]

4 hours ago, carmel34 said:

CR-1 sounds like your best path forward in this case, but before you file the I-130 petition make sure you include lots of additional evidence that the relationship is bona fide, such as passport stamps and boarding passes showing trips you took to be together, hotel receipts, photos, and lots of financial co-mingling evidence like joint bank accounts and credit cards, will, living will, power of attorney, beneficiary on life insurance and retirement accounts, US tax returns filed as married filing jointly, basically any documentation you can get that can be done while living in separate countries.  The officer may have suspected the validity of your relationship, so pay attention to this or the CR-1 could be denied for the same reason.  Do more research on what others have done to file a spousal visa successfully, here on VJ threads.  Good luck with the CR-1 process!

for K-1 I did all this even had RFE which I replied to promptly with more evidence of relationship and  was accepted by USCIS, finally allowed case to pass but now it looks like CO just didnt like my fiancé on personal level.  

[adarkenigma 0]

2 hours ago, Jorgedig said:

How do you imagine they would help?  They cannot influence consular decisions at all.

uneducated wishful thinking on my part but I figured it won't hurt to try.  

[adarkenigma 0]

13 hours ago, JeanneAdil said:

Just go and marry

Denied my K1 in 2009 and i still wait on a denial letter

maybe they are better about getting it out these days but in the past ,some embassies just gave the 221 to the beneficary and sent the packet to the US

the letter picked up at embassy is probably the only correspondence anyone will get

 

Not really too much a congress person can do as immigration is not under control of Congress /  if they send any inquiry,  they get copy of the same letter you got

but since they are all Republicans in your state,  you can try 

Congress writes the laws and rules for immigration but according to the lawyer i hired,  they have no control over the visa process as immigration is no funded by federal money but by the fees we all pay

 

 

makes me more sad, I hope everything is going well for you now. 

[adarkenigma 0]

2 hours ago, Jorgedig said:

You will want to find out the reason why your fiancé is not eligible for the visa before submitting any new petition.  Did you by chance have an 'engagement ceremony' which could be perceived as a wedding?  Only one visit prior to filing?  Arranged marriage or first cousins?

It was arranged by our parents and only one visit prior to filing. Yes we did have engagement ceremony wish was lavish I also sent pictures of us exchanging rings of that with package at interview fiancé said we will get married in US. Fiancé keeps calling embassy but they said refer to letter but I told her to keep trying and see if she can speak to someone at higher level.

[adarkenigma 0]

2 hours ago, Paul & Mary said:

I would make sure you deal the issues of why you k1 was denied, get married, spend more time together and file a front loaded CR1 petition.  Do everything you can to present the best case.

they are not giving answer at embassy and I don't want to wait till case comes to USCIS (likely 4 months now), I am gonna file for CR-1 in 40-50 days document everything about my trip and wedding. do I need to have huge wedding to convince them we got married or just present marriage certificate is proof enough of wedding? I was thinking save money on wedding and spend it on honeymoon if I am not gonna see her for some time after we get married. 

[geowrian 22,337]

Sounds like being "too married" for a K-1 (making the petition invalid) and/or not demonstrating a bona fide relationship.

Fix is still 1) more time in person + 2) marrying.

[Just Paul 4,595]

5 minutes ago, adarkenigma said:

they are not giving answer at embassy and I don't want to wait till case comes to USCIS (likely 4 months now), I am gonna file for CR-1 in 40-50 days document everything about my trip and wedding. do I need to have huge wedding to convince them we got married or just present marriage certificate is proof enough of wedding? I was thinking save money on wedding and spend it on honeymoon if I am not gonna see her for some time after we get married

You won't hear from the consulate.  And you won't hear from the NVC.  You may eventually hear from USCIS.  If you don't hear from them by the time you marry you need to withdraw the petition at USCIS.

 

You don't need to spend a lot on a wedding.   You need to get married, spend face to face time together and have a strong front loaded petition.

[adarkenigma 0]

10 minutes ago, Paul & Mary said:

You won't hear from the consulate.  And you won't hear from the NVC.  You may eventually hear from USCIS.  If you don't hear from them by the time you marry you need to withdraw the petition at USCIS.

 

You don't need to spend a lot on a wedding.   You need to get married, spend face to face time together and have a strong front loaded petition.

okay will do, Thanks.

[Going through 5,671]

7 hours ago, adarkenigma said:

It was arranged by our parents and only one visit prior to filing. Yes we did have engagement ceremony wish was lavish I also sent pictures of us exchanging rings

CO likely thought you were too married for the K1, as it happens.  Sending photos of a ceremony where you exchanged rings was not the wisest thing, but water under the bridge now.

 

As many have said, get married, spend more time together, file the CR-1.

[SalishSea 17,836]

15 hours ago, adarkenigma said:

it looks like CO just didnt like my fiancé on personal level.  

It might have felt this way, but this is not a reason for a denial.

[SmallTownPA 72]

On 1/16/2020 at 6:29 AM, Going through said:

CO likely thought you were too married for the K1, as it happens.  Sending photos of a ceremony where you exchanged rings was not the wisest thing, but water under the bridge now.

 

In the west the exchange of rings is part of the marriage ceremony.  Not sure how much your CO knows of local culture, but it could easily been construed as a marriage at that point.

 

"Based on your interview and documents submitted at the interview"  Ummm... you showed them photos of what would appear to have been a wedding.

 

Its going back to USCIS as you're most likely not eligible for a K-1 Fiance visa.  Might as well get married and start the CR-1 clock ticking.

 

 

[imsan 41]

On 1/20/2020 at 1:56 PM, SmallTownPA said:

 

In the west the exchange of rings is part of the marriage ceremony.  Not sure how much your CO knows of local culture, but it could easily been construed as a marriage at that point.

 

In the West engaged couple exchange rings most of the times. In many cultures this is true. Their rejection has to be the engagement ceremony which looked like wedding.