K1 Refused under 221g Mumbai 12th March 2021

[Jack & Anne 26]

3 minutes ago, Yogi Yogi said:

Ok. But why they are asking for marriage certificate and photos after marriage. 

Honestly I think they probably give out one 221g for all marriage related visa. I am approaching the paperwork replacing the words "before and after marriage" with "before and after filing of i-129f". I have sent an email to the ustraveldocs support about this as well so will update once I hear back from them. 

[DP2018 12]

5 minutes ago, Jack & Anne said:

Honestly I think they probably give out one 221g for all marriage related visa. I am approaching the paperwork replacing the words "before and after marriage" with "before and after filing of i-129f". I have sent an email to the ustraveldocs support about this as well so will update once I hear back from them.

You took correct course of action they should be specific about certain visa atleast. You are right they must be giving same 221g to everyone whether it's cr1 or k1. 

[DP2018 12]

I just want to understand what was there in CO mind at the time of your interview. Please answer my below questions. 

 

What age gap you guys have? 

Did you ever been to US? 

How many times you guys met in person? 

How long you guys been in a relationship? 

On what site you guys met? 

[DP2018 12]

29 minutes ago, Yogi Yogi said:

I just want to understand what was there in CO mind at the time of your interview. Please answer my below questions. 

 

What age gap you guys have? 

Did you ever been to US? 

How many times you guys met in person? 

How long you guys been in a relationship? 

On what site you guys met? 

 

 

Edited March 17, 2021 by Yogi Yogi

[Jack & Anne 26]

On 3/17/2021 at 6:02 PM, Yogi Yogi said:

I just want to understand what was there in CO mind at the time of your interview. Please answer my below questions. 

 

What age gap you guys have? 

Did you ever been to US? 

How many times you guys met in person? 

How long you guys been in a relationship? 

On what site you guys met? 

10 years age gap - Fiance (Petitioner) being older

I have been to the US twice - stayed 1 month and 2 months with fiance

We met 4 times in person - twice in India when fiance came over (1 month + 1 month) and twice when I went over to the US

We've been together since November 2016

We met via a website called Couchsurfing

Edited March 20, 2021 by Jack & Anne

[Jack & Anne 26]

My fiancé had prepared the I-129f petition and send it in. I didn't ask to see the final copy. Now that I have seen it after this 221g fiasco there are a few things I would like to add here:-

 

1) My Fiancé had not really submitted proof of relationship like the DoS needs. He submitted only 2 photographs together, our US and India entry stamps on our passport, Flight tickets to India and US along with the boarding passes, Letter of Intent to marry and 1 page statement about our relationship from me and fiancé. How we met and how our relationship progressed to wanting to get married is written in this statement as clearly as possible. BUT I agree with the CO now that our file lacked proof of relationship - there was no copy of email, WhatsApp, call, letters at all, not even loads of pictures of us together. My fiancé did not submit these - his thought process was hung up on the fact that we spend quite some time in person so online communication wasn't important. Big mistake. 

 

2) BUT I had all the proof of relationship on my 221g with me in a folder during the interview. The CO did not ask once to see it. I was waiting for the CO to ask me to handover the documents but instead the CO turned his mike off, went away from the counter, came back with 221g, gave it to me and closed the counter, muted our mikes. So anyone in a similar boat I would say - don't freeze like I did on the spot and maybe try to push the documents on the CO. Walking away like that is one regret that I am going to have to live with. 

[Jack & Anne 26]

On 3/17/2021 at 5:49 PM, Jack & Anne said:

Honestly I think they probably give out one 221g for all marriage related visa. I am approaching the paperwork replacing the words "before and after marriage" with "before and after filing of i-129f". I have sent an email to the ustraveldocs support about this as well so will update once I hear back from them. 

Reply from them about the clarification regarding K1 visa and the 221g I received which talks of before and after marriage:-

 

Greetings from the U.S. Consulate General Mumbai.

Thank you for your email. The interviewing officer screens the documents submitted and makes the decision. You need to follow instructions in the letter issued to you and submit any and all documents you can, as we cannot comment or verify individual documents at this point. If for any reason you are unable to provide any of the requested documents, please make sure to give a written justification for the same.

We will get in touch with you in case we need any additional information.

We hope you find this information useful.

Sincerely,

Consular Information Unit
U.S. Consulate General, Mumbai

[DP2018 12]

On 3/20/2021 at 9:55 AM, Jack & Anne said:

10 years age gap - Fiance (Petitioner) being older

I have been to the US twice - stayed 1 month and 2 months with fiance

We met 4 times in person - twice in India when fiance came over (1 month + 1 month) and twice when I went over to the US

We've been together since November 2016

We met via a website called Couchsurfing

Your case is strong. Just provide them the proofs you have for your relationship according to 221g. 

[DP2018 12]

On 3/20/2021 at 10:10 AM, Jack & Anne said:

Reply from them about the clarification regarding K1 visa and the 221g I received which talks of before and after marriage:-

 

Greetings from the U.S. Consulate General Mumbai.

Thank you for your email. The interviewing officer screens the documents submitted and makes the decision. You need to follow instructions in the letter issued to you and submit any and all documents you can, as we cannot comment or verify individual documents at this point. If for any reason you are unable to provide any of the requested documents, please make sure to give a written justification for the same.

We will get in touch with you in case we need any additional information.

We hope you find this information useful.

Sincerely,

Consular Information Unit
U.S. Consulate General, Mumba

They give these kind of reply only. Just go ahead and submit proofs. It's looks like they are giving same 221g for fiance and spouse visa now a days. 

[DP2018 12]

On 3/20/2021 at 10:09 AM, Jack & Anne said:

My fiancé had prepared the I-129f petition and send it in. I didn't ask to see the final copy. Now that I have seen it after this 221g fiasco there are a few things I would like to add here:-

 

1) My Fiancé had not really submitted proof of relationship like the DoS needs. He submitted only 2 photographs together, our US and India entry stamps on our passport, Flight tickets to India and US along with the boarding passes, Letter of Intent to marry and 1 page statement about our relationship from me and fiancé. How we met and how our relationship progressed to wanting to get married is written in this statement as clearly as possible. BUT I agree with the CO now that our file lacked proof of relationship - there was no copy of email, WhatsApp, call, letters at all, not even loads of pictures of us together. My fiancé did not submit these - his thought process was hung up on the fact that we spend quite some time in person so online communication wasn't important. Big mistake. 

 

2) BUT I had all the proof of relationship on my 221g with me in a folder during the interview. The CO did not ask once to see it. I was waiting for the CO to ask me to handover the documents but instead the CO turned his mike off, went away from the counter, came back with 221g, gave it to me and closed the counter, muted our mikes. So anyone in a similar boat I would say - don't freeze like I did on the spot and maybe try to push the documents on the CO. Walking away like that is one regret that I am going to have to live with. 

Give them more photos this time while submitting 221g documents, so that they could get idea of your ongoing long timeline of relationship. 

[Jack & Anne 26]

1 minute ago, Yogi Yogi said:

Give them more photos this time while submitting 221g documents, so that they could get idea of your ongoing long timeline of relationship. 

Yes I am preparing the documents like they have asked for in my 221g. I have spoken to 3 people who were given the 221g (by the same CO!) with regards to proof of relationship and the processing time is so different in each case that I am unable to understand how much time this is going to take... It is a bit upsetting  
India is also not lifting the Tourist Visa ban for travellers (I am sure they have perfectly good reasons for it - but it is kind of hard to be rational about such reasons when you just want to see your partner/spouse). 

[DP2018 12]

1 minute ago, Jack & Anne said:

Yes I am preparing the documents like they have asked for in my 221g. I have spoken to 3 people who were given the 221g (by the same CO!) with regards to proof of relationship and the processing time is so different in each case that I am unable to understand how much time this is going to take... It is a bit upsetting  
India is also not lifting the Tourist Visa ban for travellers (I am sure they have perfectly good reasons for it - but it is kind of hard to be rational about such reasons when you just want to see your partner/spouse). 

I mean yes timeline is different for everyone. Many times I saw they give decision quickly and if they find couples relationship strong depending upon on documents then approval rate is really good. I believe documents 221g is better then normal 221g of AP because they are asking for proofs and they will give you visa if you will provide them accordingly. One more question I have for you, so your fiance in US is male or female? 

 

Sometimes they scrutinize people more if woman fiance is older than man. 

[Jack & Anne 26]

50 minutes ago, Yogi Yogi said:

I mean yes timeline is different for everyone. Many times I saw they give decision quickly and if they find couples relationship strong depending upon on documents then approval rate is really good. I believe documents 221g is better then normal 221g of AP because they are asking for proofs and they will give you visa if you will provide them accordingly. One more question I have for you, so your fiance in US is male or female? 

 

Sometimes they scrutinize people more if woman fiance is older than man. 

My fiancé is a man. He is the older one here. I'm 28 and he is 38. First marriage for both of us.  

[Jack & Anne 26]

51 minutes ago, Yogi Yogi said:

I mean yes timeline is different for everyone. Many times I saw they give decision quickly and if they find couples relationship strong depending upon on documents then approval rate is really good. I believe documents 221g is better then normal 221g of AP because they are asking for proofs and they will give you visa if you will provide them accordingly. One more question I have for you, so your fiance in US is male or female? 

 

Sometimes they scrutinize people more if woman fiance is older than man. 

I do hope we get approved quick but at this point I am not getting my hopes up only to have it dashed back down again. 

[DP2018 12]

41 minutes ago, Jack & Anne said:

My fiancé is a man. He is the older one here. I'm 28 and he is 38. First marriage for both of us.  

Perfect case. Age gap do not matter when man is older.