My fiance was denied - what do we do next?

[Adventine 3,196]

***Moved to the correct forum K-1 Fiance(e) Visa Process & Procedures, where similar topics are discussed***

 

@Liz66 are you 100% sure that your fiance actually went to the US embassy for an interview? Because if the visa really is denied, then he should have been told by the officer why, and received written documentation.

 

 

[Beth & Achraf 328]

He should of been given a paper if denied, does he have that?

 

Morocco is a hard embassy,   how many times were you face to face? Time spent together? Known each other? Contact with his family- friends.

 

You need to find out why denied, and address the problem, then re apply. Fighting this is basically a losing battle.  

More time together, more evidence,  then file again.

 

Best wishes

 

[Boiler 45,486]

OP said they have spent a week together and took lots of photos.

[SteveInBostonI130 3,434]

58 minutes ago, Liz66 said:

We spent 3 months talking online and then I visited him for 1 week. Presented lots of pictures. I am working with my fiance to  see if he has something in writing.  Thanks so much. I. Think the next step may be I have to go back. And marry him there

If the total time you knew him was 4 months when you filed the I-129F, especially with only 1 week of in-person meeting, then the reason for denial could be lack of bona fide relationship evidence.  Typically, at the interview, ppl submit more evidence of the relationship - the on-going online chats, calls, and visits during the 1+ year wait for the I-129F approval.

 

Good news is that the above reason for denial can be overcome by spending more time together, getting married, and applying for a spouse visa.

 

If the reason for denial was for something else, like perhaps material misrepresentation because he made an incorrect entry on his DS-160 (either mistakenly or on purpose), or if he applied for a visa previously under false pretenses (applying for a tourist visa and stating he was married because he thought married men have a better chance of getting a visa), then this is no longer a do-it-yourself case and you will need to get an immigration lawyer.

 

The main thing right now is that you need to find out from your fiance what the CO stated was the reason for the denial. 

[Crazy Cat 41,845]

4 minutes ago, Beth & Achraf said:

You need to find out why denied, and address the problem, then re apply. Fighting this is basically a losing battle. 

Exactly correct.  In fact, a denied K-1 almost always expires with no chance to rebut.  But the key is to find out why the visa was denied. 

[JeanneAdil 6,498]

Why denied?

u spent 1 week together with him

Casa embassy needs to see "real relationship"   of quality time spent together 

 

and they are noted for not giving out a reason just a 221 g white paper that says "not qualified for visa at this time"

the questions they asked the Moroccan will give a clue 

but its the short duration of time u spent together

 

what u need to marry is on the Casablance site/  takes time to marry there so be prepared for 3 to 4 weeks to go thru the process

 

and u need to commingle fiances after the marriage /  IRS tells how to add nonalien spouse to tax returns and Casa also expects to see this 

if u marry,  write to me and i can guide u 

jeanne

[Beth & Achraf 328]

32 minutes ago, Boiler said:

OP said they have spent a week together and took lots of photos.

Ahhh, missed that part, Thank you,   a week face to face doesn't cut it with Morocco.

 

 

[carmel34 3,626]

1 hour ago, Liz66 said:

We spent 3 months talking online and then I visited him for 1 week. Presented lots of pictures. I am working with my fiance to  see if he has something in writing.  Thanks so much. I. Think the next step may be I have to go back. And marry him there

Whatever you do, don't go back for a brief visit, get married, and then immediately file the I-130 to begin the spousal visa process.  See my earlier response for specific suggestions on how you are more likely to be successful.  Good luck!

[Rocio0010 5,579]

Also, find out if your fiancé has had another visa in the past. As somebody has said, some people lie and say they are married when they are not, because they think that it increases their chances of a tourist visa (Plot twist: it doesn’t!!!)

[SalishSea 17,828]

10 hours ago, ReshSamir said:

Try to contact your local representative and ask them to contact the embassy to try to get another interview.. but you will have to load them up with lots of evidence

Nope.   Congress cannot intervene in consular decisions.

[nastra30 2,284]

3 hours ago, Liz66 said:

then I visited him for 1 week

I think just a week of physical time together could be the reason for denial of the visa. It is way too short of time spent. You may want to establish more physical time together and then go the CR-1 route.

[African Zealot 1,455]

4 hours ago, Liz66 said:

His brother submitted an 2nd affidavit of support as well because I only make $55 a year and I have to be able to support both of us.

Is that a typo? $55k or $55? 

[MrsAb2021 29]

What did they tell your fiance at his interview? Was he given a 221G notice or did they verbally tell him he is denied? Did they keep his passport?

 

You need your CSB number to track on CEAC and see what the current status is.

[JeanneAdil 6,498]

u checked the CEAC site?

 

https://ceac.state.gov/CEACStatTracker/Status.aspx

leave it at immigrant and type in your case #

 

another reason CASA denies is the intending immigrant has poor English skills,   and /or no idea what he will do when coming to the US/like work or study after getting AOS approved

Edited September 24, 2021 by JeanneAdil

[Marieke H 2,498]

Looking at your timeline and embassy review, I see two issues:

 

You only spent a week together, which was 2 years ago. While technically you met the requirements to file, this generally is not enough time spent together for Morocco. Having lots of pictures from that one week doesn't really mean much.

 

He has a brother in the US, who he tried to visit in the past. To the consular officer this may look like he is trying to use you to get to the US.

 

The only way forward is to spend a lot more time together (in person, not just online). Meet his family, and collect evidence of that. Get married, and file for a spousal visa. This will be a long process.