K1 Denied at interview

[daboy69 0]

PLS help!!! i feel like my world ended.. my fiance told me that she got denied a visa at interview yesterday and they checked "OTHER" on the form and put "relationship for immigration purposes only" and said they are to send our file back to uscis for reconsideration.... I dont know what to do. our approval notice had an expiration date of March 6, 2009. What will happen to our case now... should we just get married and file IC/CR1 instead... any advice would really be greatful we are both so heart broken and depressed right now

I will fill my timeline soon....

[Dakine 26]

PLS help!!! i feel like my world ended.. my fiance told me that she got denied a visa at interview yesterday and they checked "OTHER" on the form and put "relationship for immigration purposes only" and said they are to send our file back to uscis for reconsideration.... I dont know what to do. our approval notice had an expiration date of March 6, 2009. What will happen to our case now... should we just get married and file IC/CR1 instead... any advice would really be greatful we are both so heart broken and depressed right now

I will fill my timeline soon....

If you have additional proof that you guys have a bona fide relationship you can submit it before the petition is sent back to USCIS. If not you are screwed.

[htgolfer1 0]

What type of proof of relationship did you have for the interview? Was she unable to answer the personal questions ? I am sure some of the experts on here can advise you. You have my sincere sympathy.

[cEzYcHiC 0]

PLS help!!! i feel like my world ended.. my fiance told me that she got denied a visa at interview yesterday and they checked "OTHER" on the form and put "relationship for immigration purposes only" and said they are to send our file back to uscis for reconsideration.... I dont know what to do. our approval notice had an expiration date of March 6, 2009. What will happen to our case now... should we just get married and file IC/CR1 instead... any advice would really be greatful we are both so heart broken and depressed right now

I will fill my timeline soon....

What did the CO asked her? Sometimes, denials are caused on how the applicant answers the questions being asked to her upon interview.

[daboy69 0]

HAOLE.... she brought everything possible, i think its because i am 15 years older i dont really know, all we know is there was enough evidence to support our relationship. i made 2 trips, engagement pics, trips, boarding passes emails, cards and many others.... she said they almost let her have it but there was a pinoy saying otherwise. what happens if its expired befire we hear from uscis? what other options do we have? they did not give her the option to show more proof.

[Dakine 26]

HAOLE.... she brought everything possible, i think its because i am 15 years older i dont really know, all we know is there was enough evidence to support our relationship. i made 2 trips, engagement pics, trips, boarding passes emails, cards and many others.... she said they almost let her have it but there was a pinoy saying otherwise. what happens if its expired befire we hear from uscis? what other options do we have? they did not give her the option to show more proof.

You have the option. Call your senator ASAP and get them working on it. Once the petition is sent back it's basically history. Age difference of 15 years in the Philippines is NOTHING. I got you beat and many others also.

GET MOVING!

Edited February 27, 2009 by Haole

[daboy69 0]

OK I will try to ask for help. How soon do they usually send it back after interview. I read on other posts that once its sent back that K1 are hardly ever looked at by USCIS and just let it expire. This has been such an expensive process and to think that we have to start over is overwhelming.

[joshifruiti 0]

I'm sorry to hear this, daboy69 ..my heart goes out to you. Hoping i can help.What questions did they ask her that may have caused the denial? what pinoy saying are they talking about?

[Minya's wife 25]

HAOLE.... she brought everything possible, i think its because i am 15 years older i dont really know, all we know is there was enough evidence to support our relationship. i made 2 trips, engagement pics, trips, boarding passes emails, cards and many others.... she said they almost let her have it but there was a pinoy saying otherwise. what happens if its expired befire we hear from uscis? what other options do we have? they did not give her the option to show more proof.

large age-gaps are not unheard of especially in the phillipines. there are several VJ members who have a large age difference and were approved w/out issue.

the notation you listed sounds like the CO was questioning the validity of your relationship. how much "enough evidence" did you actually have? what you may have considered enough, was obviously not enough.

contact the consulate ASAP and see about the possibility for reconsideration and ask to be able to submit additional evidence to prove your relationship bona-fides. do this quickly to stop the consulate from sending your petition back. then, get together every scrap of evidence that proves you are engaged in an ongoing relationship.

if you are able to get the consulate to reconsider and give you a second interview, perhaps you should consider getting on a plane and flying to be there with your fiancee at that second interview...

good luck,

-P

[daboy69 0]

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

[Dakine 26]

It's Friday in PI and USEM is closed bukas. Call your senator now! When they courier send it back to USCIS depends on how many they have piled up to send! No set time period. My first K1 denial was sent back in about 2 weeks. Doesn't mean yours will be tho. May be sooner.

[Lyn and Jeff 0]

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

i felt bad to hear that your fiancee got denied during her interview. I would say maybe it is the best she didnt told them that you were introduced by her grandma or maybe just say you met online.

I feel so nervous also to hear that there is k1 interview got denied.

[pushbrk 12,897]

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

Hire an immigration attorney in Manila immediately, so that they can arrange for you to attempt to overcome this decision before the case is returned. The petition approval expiration is the least of your worries.

Particularly in Asia, being introduced by a family member can be a huge red flag. If you are Filipino as well, even more so. The first item on the agenda would be to get as detailed a report on what happened at the interview as possible. It needs to be as close to an actual transcript as your fiancee can possibly manage to remember.

[daboy69 0]

Thank you pushbrk: i think she was also so nervous and she couldnt think straight and possibly stuturred alot.

I had monies set aside for her flight, adjustment of status and wedding, looks like i will have to use those funds!!

Thanks everyone... I really appreciate everyones concerns. I just hope that we can recover from this and that there will be a light at the end of the tunnel for us.

Thank you!!!!

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

Hire an immigration attorney in Manila immediately, so that they can arrange for you to attempt to overcome this decision before the case is returned. The petition approval expiration is the least of your worries.

Particularly in Asia, being introduced by a family member can be a huge red flag. If you are Filipino as well, even more so. The first item on the agenda would be to get as detailed a report on what happened at the interview as possible. It needs to be as close to an actual transcript as your fiancee can possibly manage to remember.

[lucyrich 20]

What will happen to our case now... should we just get married and file IC/CR1 instead?

Probably not. See this article

http://www.ilw.com/articles/2006,0323-ellis.shtm

If you let them deny the K-1, and then marry and file K-3 or CR-1, you might have the issue of misrepresentation on your record, despite the fact that you didn't necessarily misrepresent anything specific. The bureacracy gets crazy. Respond to any attempt to deny.

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)©(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

...

What exactly was the misrepresentation? Nobody seems to know. DOS doesn’t give you a specific answer. The lawyer doesn’t know. And most importantly, the petitioner and beneficiary are clueless. They’re in sort of a Kafkaesque position. They’re accused of misrepresenting something. But nobody tells them exactly what they have misrepresented. This problem could have easily been avoided if the petitioner had simply responded to the NOID letter and argued the merits even though the couple had married.