K1 approval despite red flags

[PhatCat 17]

I have monitored the postings on the K1 topic for almost two years while our K1 application was in process. I created this account to share our experience of getting approved in spite of serious red flags. Don't give up hope. The key is to be extremely well informed and provide enough evidence of the relationship to override potential concerns.

 

Here are the basic facts. My fiance is Black Colombian 27 years old and he is a student at a top arts school in Colombia. I am a 72 year old white dude who works as a tech manager in a top US bank. In addition, i had made a previous K1 application for a Colombian that was initially denied due to admitted marijuana use and was eventually cancelled by me.  Given the large age difference and repeated K1, i figured this was not a DIY and hired the immigration lawyer who had done the first same sex K1 from Colombia. I know using a lawyer is generally frowned upon here but i can definitely say that there is no way i could have got this right doing it by myself. given that my fiance is ADHD and I had to chase down every single aspect of the process. 

 

The first thing the lawyer recommended was to let the previous K1 totally wash out of the system. We had already passed the two year mark from the previous I129F application so that was not an issue. But it took another three months for the K1 cancellation to be acknowledged by USCIS. We waited another month before submitting the second I129F.

 

The next thing the lawyer recommended was to front load the I129F with a preponderance of evidence of the relationship. By the time we met in person in Cartagena in 2021 we had already been (only) friends online since 2016. So we included sample chats before an after the relationship turned romantic.  We had met in Colombia four times by the time of the actual application so we included detailed evidence of each. We detailed the proposal (by him) and the exchange of rings.

 

The lawyer also helped me craft a carefully worded statement of intent to marry that acknowledged the demise of the previous relationship and the emergence of the second. She thought it was better to deal with the overlap of the friendships head on.

 

After the I129 application my fiance and i traveled together during the pandemic. We kept careful records of plane flights, hotels and easily identifiable selfies. I spent 10 hours compiling all these for the actual interview. Spoiler alert: they were never requested or viewed. Nor was the marriage license for hawaii.

 

One aside about the red flags. When the NVC sent my approved I129F to the embassy in Bogota, the embassy sent a copy of the approved I129F to us. Someone had literally used a red pen to notate on the first page "45 year difference" and "second approved I129F." So we figured we were in for a grueling interview.

 

As to the actual interview. We came loaded for bear. Tons of evidence. I prepped him on over 100 K1 interview i found on various sites. He is an actor so learning lines was easy. On the day of our interview appointment at  7:00 we arrived at the embassy at 6:30. We had to wait outside until they called for K1s and others at 7:00 The entry process was impressively organized and smooth. All the embassy employees were professional and supportive. After various checks for the appointment confirmation, security and the completeness of documents, we waited in a covered outdoor area. One note about Bogota: it seem this is one of the few locations where I as the petitioner was able to accompany him through the entire process, including up to the interview window itself.

 

As we waited we watched the progression of folks thru their interviews. it was generally very easy to see who was approved and who was not just by watching the faces as they left the windows. Our wait was a total of about 1:30. As we waited things kept going through our minds about what they might ask and what the outcomes might be. Finally his name was called. I walked up with him and stood to the side and a little behind.  The official asked him to rise his hand and swear to tell the truth, looking straight into his eyes. (Had not seen that at any other window). He then asked the standard questions that everyone is asked; Where and when did you first meet. What languages do you and your fiance speak (He speaks a little english and i speak enough spanish to get along). In what language do you communicate. At one point he asked if i was his fiance. And that was it! No questions even indirectly about age difference or my previous K1. No question about me or where the wedding would be or where he would live.  The entire interview lasted less than 5 minutes. Maybe 3.

 

I had told my fiance that if they reject the visa they will give him back his passport and if they intend to approve they will hold onto it. When we saw him close the passport and move to put it in a folder, we knew we were approved. The official said your visa will be ready in three weeks and that was it! We looked each other incredulously...that's all??? it was almost anticlimactic. He gave us a thumbs up and waved for the next interview. We gave each other a big hug and left in shock at how easy it had been.  The best part was everyone in the waiting area giving us big smiles as we practically skipped away.

 

So what are my conclusions? If you have red flags address them head-on. Overcome them by front loading with overwhelming evidence of a legitimate relationship. Other than browsing through my fiance's passport where he could see his trips, the official never asked about ongoing evidence throughout the 20 months after filing.  If possible attend the interview. Even if you can't enter, your fiance can say that you are waiting outside and give you their passport to show.  I think it gives weight to the legitimacy of the relationship.

 

And finally, if you are going to DIY educate yourself completely about the entire process and make sure you get every detail of every step exactly right. Make your evidence overwhelming and exceedingly clear

 

Good luck

 

P.S. My lawyer says 45 is a new record for age difference in their office. Would love to see someone break it.

 

 

[usaman1999 17]

This makes one feel happy just to read what you went through. It is a very happy ending and thank you for sharing all the details of your journey. Your experience shows that anyone can overcome the red flag with the proper documentation and perseverance. I was not aware that the petitioner could accompany the K-1 beneficiary to the interview in Bogota. 

[Mello3 35]

Loved your story.

 

We have some red flags as well (age diff, previous marriages, background checks) that I believe are not going to be too challenging but you really never know how the officer will respond or what they will do. To us it all seems easy to explain because we lived the story, to them it might sound crazy or suspicious. Since my fiancé and I have known each other since 2017 so we have loads of evidence, photos, tickets, passport stamps, etc and sent some of that data along with our original application but again...you never know what will happen. 

 

Thanks for sharing your encouraging experience. LDR's are hard and they put an unnerving amount of stress on couples who only want to join their lives. Inspirational stories like this popping up from time to time amongst the challenging ones does help to life the spirits. 

[PhatCat 17]

One last update for others going through Bogota.  We had paid for DHL delivery to his home. Our interview was July 5, the visa was issued Jul 6 and it was in his hand Jul 12.

 

Our overall experience at the US embassy in Bogota was excellent.

[usaman1999 17]

My fiancé attended her K-1 interview in Bogotá yesterday and it lasted only 5 minutes with her being asked only perfunctory questions and handing over the I-134, birth certificates and divorces. Our age difference is 44 years, which was not mentioned during the interview. Unfortunately they rejected the divorce decrees stating that they were not originals. The consular officer gave my fiance  a paper and kept her passport. I am waiting to see the paper for the instructions on how to send the originals to the consulate.