Jump to content
rodrigoandjanie

K1 visa revoked, but...

 Share

61 posts in this topic

Recommended Posts

Filed: Country: Brazil
Timeline

...case is still here at the consulate in Rio de Janeiro/Brazil. I honestly don't understand what's going on here...I had a visa interview on October 15 and for some reason the consulate officer said that would send back the case to the United States recomending to be denied because in his mind, my relationship with my longtime girlfriend isn't real (he didn't even look at the photo album or any other prove of the relationship by the way)

So he gave me a green letter saying that the visa was or would be "revoked" and then after that our lawyer sent an email to the consulate saying that this was obviously a big misunderstanding and that we can send all the evidence that they want because we have nothing to hide and we're not lying about anything here. The response they sent was that the consulate officer who did my interview would analyse the case. This email was sent the week after the interview, and we prepared a package with all the evidences about our relationship we can imagine. Even notarized letters from my fiance's family saying that our relationship is real, pictures of us together, everything! And then right after that, my fiance sent an email with a huge letter telling them that we're in love and we're together for 3 years and asking them to reconsider their decision because we ARE a real couple! Their response? "This letter would be added to the first email and the consulate officer who did the interview will analyse the case" Then this week...our lawyer called the consulate asking for answers and they said that our case is still here in Brazil but the consulate officer would analyse the case. My doubt is: what the hell is going on? Why is it taking so long for them to give us an answer? Did anyone here ever went though this and got the visa in the end? What are they doing? We're about to get the senator involved...but me and my fiance really don't know what's happening and why it's taking so long for them to make a decision.

Thanks!

All the best

Rodrigo

Link to comment
Share on other sites

  • Replies 60
  • Created
  • Last Reply

Top Posters In This Topic

...case is still here at the consulate in Rio de Janeiro/Brazil. I honestly don't understand what's going on here...I had a visa interview on October 15 and for some reason the consulate officer said that would send back the case to the United States recomending to be denied because in his mind, my relationship with my longtime girlfriend isn't real (he didn't even look at the photo album or any other prove of the relationship by the way)

So he gave me a green letter saying that the visa was or would be "revoked" and then after that our lawyer sent an email to the consulate saying that this was obviously a big misunderstanding and that we can send all the evidence that they want because we have nothing to hide and we're not lying about anything here. The response they sent was that the consulate officer who did my interview would analyse the case. This email was sent the week after the interview, and we prepared a package with all the evidences about our relationship we can imagine. Even notarized letters from my fiance's family saying that our relationship is real, pictures of us together, everything! And then right after that, my fiance sent an email with a huge letter telling them that we're in love and we're together for 3 years and asking them to reconsider their decision because we ARE a real couple! Their response? "This letter would be added to the first email and the consulate officer who did the interview will analyse the case" Then this week...our lawyer called the consulate asking for answers and they said that our case is still here in Brazil but the consulate officer would analyse the case. My doubt is: what the hell is going on? Why is it taking so long for them to give us an answer? Did anyone here ever went though this and got the visa in the end? What are they doing? We're about to get the senator involved...but me and my fiance really don't know what's happening and why it's taking so long for them to make a decision.

Thanks!

All the best

Rodrigo

Well, if you filed for a K1 visa and it's not been issued, then it can't be revoked. Maybe you're in administrative processing. Call the Dept of State and ask them for status of your K1 petition.

Dept of State (DOS)

(202) 663-1225 press 1, then 0 for a live person

K1 Filed: 4-1-2009 * Interview (approved): 10-21-2009 * POE: 11-1-2009 * Married: 11-29-2009

http://www.visajourn...009-k-1-filers/

-------------------

AOS Filed: 12-7-2009

AOS APPROVED! 2-27-2010 (no interview)

Greencard in hand: 3-4-2010

http://www.visajourn...ead/page__st__0

--------------------

ROC mailed to CSC 11-22-2011

Check cleared the bank 11-29-2011 (our 2nd anniversary) :)

Greencard received 6/15/2012 :)

November 2011 ROC Filers

N400 Filing (Citizenship for Ian) - Here we go!

Mailed 12-03-2012

Arrived at Phoenix SC 12-6-2012

Check cashed 12-11-2012

12-11-2012 NOA

12-26-2012 Biometrics

1-25-2013 Notice - Interview Scheduled for 3-4-2013

Oath 3-4-2013 Omaha Field Office

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

And there's something else....I heard that the only risk if they send the case back to the Unites States (not sure if it's for USCIS or NVC) is that it might take too long for them to deal with our case and then it can get expired. How long does it take for a K1 process to get expired?

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

Thanks for the reply!

What happened is that I had the interview and the consulate officer said that he wouldn't give me the visa and that he'd send the case back. So he gave me a green paper with the word "revocation" written. Then our lawyer and my fiance sent those emails I mentioned to the consulate here and they said that the consular officer would analyse them. But why is it taking so long? Do you think there's still a chance for our case? Does anybody here ever went through this and got the visa in the end? My fiance was so sad and so overwhelmed about this today and we're desperate to understand what's going on

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

Ian and Lisa...so the visa is only revoked if they actually send it back to US and it gets denied? I see...well, they didn't send it back yet according to what they're saying...but do you know how long it takes for a K1 process to expire?

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Brazil
Timeline

RODRIGO!!!!!!!!!!!!!!!!!!!!!!!!!!!

menino do ceu, te procurei tanto!!! fiquei sentada la fora ate 4 da tarde esperando por ti querido.

amigo, como voce ta? pelo visto ainda nao saiu teu visto que mierda........... MAS VAI SAIR

me escreva, please!

Beijo

Beinha

My life is perfect now, I'm here with my love and everything is great! I feel blessed, thank you God for all your plans, they are way better than I could have ever asked for.

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

Olá, Beinha! Tudo bem? Pois é...tive esse problema e ainda estou resolvendo...desculpa de você ter ficado esperando..saí de lá era em torno de 2 da tarde e saí meio desnorteado depois do que aconteceu...foi mal!

O pior de tudo é ficar sem saber o que fazer pois o caso tá aqui no Rio mas eles não dão resposta nenhuma, não chamam pra outra entrevista...só espero que tudo se resolva! Provas temos mais do que o sufuciente...não sei por quê isso aconteceu. O consul nem pediu pra ver as fotos...

Até onde eu lí, se voltar o caso pros EUA corremos o risco do processo expirar...você tem idéia de quanto tempo leva pra expirar um processo K1?

Beijos e mais uma vez...desculpa pelo desencontro no dia da entrevista!

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

Seems strange to me that the officer didn't give you a good indication as to why the visa wasn't allowed, especially as he didn't give your evidence a chance?? What a nightmare! I hope that it resolves itself soon and that you keep us updated.

From the FAQ

http://www.visajourney.com/faq/k1k2visa-outline.html

2. After the I-129F has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded

to the correct embassy and consulate. The process of sending the approved I-129f from the Service Center (through the NVC) and arriving at the embassy takes about a month. The fiance(e) has 4 months from the time the I-129F was approved at the Service Center to obtain the K1 Visa at the US Consulate in the foreign country. This time period can be extended by a consular officer if required. The visa application process is generally similar in all countries, although each Consulate will vary a bit in their requirements. Every K1 applicant will have a unique story to tell about how they got their visa.

Edited by Mitch and Bruna

Our Timeline

10/22/09 - I-129F mailed

10/26/09 - Package delivery confirmed

10/26/09 - NOA 1 Date

10/27/09 - Check Cashed

10/31/09 - NOA 1 Hard copy received

1/15/10- Text message from USCIS - approved!

1/19/10 - Hard Copy NOA 2 received

~some rescheduling and a petition extension granted

6/15/10 - Visa approved in Rio

Link to comment
Share on other sites

...case is still here at the consulate in Rio de Janeiro/Brazil. I honestly don't understand what's going on here...I had a visa interview on October 15 and for some reason the consulate officer said that would send back the case to the United States recomending to be denied because in his mind, my relationship with my longtime girlfriend isn't real (he didn't even look at the photo album or any other prove of the relationship by the way)

So he gave me a green letter saying that the visa was or would be "revoked" and then after that our lawyer sent an email to the consulate saying that this was obviously a big misunderstanding and that we can send all the evidence that they want because we have nothing to hide and we're not lying about anything here. The response they sent was that the consulate officer who did my interview would analyse the case. This email was sent the week after the interview, and we prepared a package with all the evidences about our relationship we can imagine. Even notarized letters from my fiance's family saying that our relationship is real, pictures of us together, everything! And then right after that, my fiance sent an email with a huge letter telling them that we're in love and we're together for 3 years and asking them to reconsider their decision because we ARE a real couple! Their response? "This letter would be added to the first email and the consulate officer who did the interview will analyse the case" Then this week...our lawyer called the consulate asking for answers and they said that our case is still here in Brazil but the consulate officer would analyse the case. My doubt is: what the hell is going on? Why is it taking so long for them to give us an answer? Did anyone here ever went though this and got the visa in the end? What are they doing? We're about to get the senator involved...but me and my fiance really don't know what's happening and why it's taking so long for them to make a decision.

Thanks!

All the best

Rodrigo

What transpired at the interview? What questions were asked? It sounds like something transpired at the interview to give cause to the consular official to doubt the validity of your relationship? Were there any questions asked in which your answers were vague?

The fact that revocation was recomended refers to the original I-129F petition your fiancee filed w/ USCIS. If during the interview, the consular official (CO) finds cause, he/she can refuse to issue the visa and send the petition back to USCIS and recommend revocation of the petition. In your case, it is a good thing that the petition is still at the consulate, and that your attorney and fiancee have immediately gotten involved and have contacted the consulate. The CO will take a look at your visa application and the interview and consider it again in light of the information provided by your lawyer and fiancee. Its been two weeks, and I know you're anxious, but it seems that the consulate is still 'analyzing' your case. The consulate's answers have been the same each time you've contacted them...they will re-visit your case. In your situation, this is a good thing....there are situations in which the consulate will refuse to give a 'second look' to a case once there is an unsuccessful visa interview.

Be patient...I'm sure you'll hear something soon.

funny-dog-pictures-wtf.jpg
Link to comment
Share on other sites

RODRIGO!!!!!!!!!!!!!!!!!!!!!!!!!!!

menino do ceu, te procurei tanto!!! fiquei sentada la fora ate 4 da tarde esperando por ti querido.

amigo, como voce ta? pelo visto ainda nao saiu teu visto que mierda........... MAS VAI SAIR

me escreva, please!

Beijo

Beinha

Please use English only in the immigration forums, so that everyone can benefit from the advice offered. You are welcome to use other languages in the regional forums.

Thanks,

VJ Moderation

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

Sorry about the language used between Beinha and I, Willian33. But don't worry cause we weren't really talking anything important about my process. I was apologizing to her because we met at the consulate and she was waiting for me outside so we could talk about my interview but I was so frustrated after my interview that I didn't see her and didn't even wait and just went back to the hotel right after that.

Mitch and Bruna...it is strange and that's exactly what happened! I had a photo album in my hand and all our wedding plans in a folder, lots of other evidences...but he didn't look at it.

Minya's wife...the consulate officer seemed to have a bit of an attitude with the fact that I stopped working on Sep 30 which is insane because where's written that I had to be working to be elegible for this visa? I think that in his mind, I'd go to the U.S, not work and get money from the government but this is ridiculous! I stopped working 15 days before the interview because I wanted to spend more time with my family and be able to take care of everything before I leave. And I also planned all this! I saved money before I stopped working! So this is where the problem started, then he was looking for wrong things on my case, even asked an assistent to call my fiancee at her work asking stuff that they asked me to make sure that the answers would match and they obviously did because we're not liars! So after all this, he didn't find anything wrong in our case because there is nothing wrong, we're just a couple planning to get married! But then he came with his decision to send the case back to be revoked because to him, I wasn't been natural on my answers! What the hell is this? Since when this is a proof or an argument of anything?

Unfortunatelly...some circunstances makes pretty much impossible for my fiancee to come live with me in Brazil...cause otherwise...I'd just forget about this process, I'd marry her and live with her HERE! We didn't do anything wrong and we definitely don't deserve to be treated like liars!

Sorry, friends..sometimes I get a bit bitter about this whole thing...

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline
...case is still here at the consulate in Rio de Janeiro/Brazil. I honestly don't understand what's going on here...I had a visa interview on October 15 and for some reason the consulate officer said that would send back the case to the United States recomending to be denied because in his mind, my relationship with my longtime girlfriend isn't real (he didn't even look at the photo album or any other prove of the relationship by the way)

So he gave me a green letter saying that the visa was or would be "revoked" and then after that our lawyer sent an email to the consulate saying that this was obviously a big misunderstanding and that we can send all the evidence that they want because we have nothing to hide and we're not lying about anything here. The response they sent was that the consulate officer who did my interview would analyse the case. This email was sent the week after the interview, and we prepared a package with all the evidences about our relationship we can imagine. Even notarized letters from my fiance's family saying that our relationship is real, pictures of us together, everything! And then right after that, my fiance sent an email with a huge letter telling them that we're in love and we're together for 3 years and asking them to reconsider their decision because we ARE a real couple! Their response? "This letter would be added to the first email and the consulate officer who did the interview will analyse the case" Then this week...our lawyer called the consulate asking for answers and they said that our case is still here in Brazil but the consulate officer would analyse the case. My doubt is: what the hell is going on? Why is it taking so long for them to give us an answer? Did anyone here ever went though this and got the visa in the end? What are they doing? We're about to get the senator involved...but me and my fiance really don't know what's happening and why it's taking so long for them to make a decision.

Thanks!

All the best

Rodrigo

What transpired at the interview? What questions were asked? It sounds like something transpired at the interview to give cause to the consular official to doubt the validity of your relationship? Were there any questions asked in which your answers were vague?

The fact that revocation was recomended refers to the original I-129F petition your fiancee filed w/ USCIS. If during the interview, the consular official (CO) finds cause, he/she can refuse to issue the visa and send the petition back to USCIS and recommend revocation of the petition. In your case, it is a good thing that the petition is still at the consulate, and that your attorney and fiancee have immediately gotten involved and have contacted the consulate. The CO will take a look at your visa application and the interview and consider it again in light of the information provided by your lawyer and fiancee. Its been two weeks, and I know you're anxious, but it seems that the consulate is still 'analyzing' your case. The consulate's answers have been the same each time you've contacted them...they will re-visit your case. In your situation, this is a good thing....there are situations in which the consulate will refuse to give a 'second look' to a case once there is an unsuccessful visa interview.

Be patient...I'm sure you'll hear something soon.

Correct. You have a better chance of success if it stays at the consulate.

The approved petition expires in four months if there is no action on it. There was action on yours so that is not an issue, there is no expiration per se, now. Incidentally it is a petition, not a k-1 visa, there is NO visa in this case...yet. You were not prpeared for your interview and you failed because of that. Using the word "girlfriend" as you did in your first sentence could do it. Use the word "girlfriend" anywhere near a consulate and your application can be denied. There are no girlfriend visas.

Unless you give us the exact reasons you were denied, we cannot say why. Neither can your attorney. Guessing will not help. But you can be assured that it was something you did, said, or failed to do or say at the interview, or something you failed to present.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline
...case is still here at the consulate in Rio de Janeiro/Brazil. I honestly don't understand what's going on here...I had a visa interview on October 15 and for some reason the consulate officer said that would send back the case to the United States recomending to be denied because in his mind, my relationship with my longtime girlfriend isn't real (he didn't even look at the photo album or any other prove of the relationship by the way)

So he gave me a green letter saying that the visa was or would be "revoked" and then after that our lawyer sent an email to the consulate saying that this was obviously a big misunderstanding and that we can send all the evidence that they want because we have nothing to hide and we're not lying about anything here. The response they sent was that the consulate officer who did my interview would analyse the case. This email was sent the week after the interview, and we prepared a package with all the evidences about our relationship we can imagine. Even notarized letters from my fiance's family saying that our relationship is real, pictures of us together, everything! And then right after that, my fiance sent an email with a huge letter telling them that we're in love and we're together for 3 years and asking them to reconsider their decision because we ARE a real couple! Their response? "This letter would be added to the first email and the consulate officer who did the interview will analyse the case" Then this week...our lawyer called the consulate asking for answers and they said that our case is still here in Brazil but the consulate officer would analyse the case. My doubt is: what the hell is going on? Why is it taking so long for them to give us an answer? Did anyone here ever went though this and got the visa in the end? What are they doing? We're about to get the senator involved...but me and my fiance really don't know what's happening and why it's taking so long for them to make a decision.

Thanks!

All the best

Rodrigo

What transpired at the interview? What questions were asked? It sounds like something transpired at the interview to give cause to the consular official to doubt the validity of your relationship? Were there any questions asked in which your answers were vague?

The fact that revocation was recomended refers to the original I-129F petition your fiancee filed w/ USCIS. If during the interview, the consular official (CO) finds cause, he/she can refuse to issue the visa and send the petition back to USCIS and recommend revocation of the petition. In your case, it is a good thing that the petition is still at the consulate, and that your attorney and fiancee have immediately gotten involved and have contacted the consulate. The CO will take a look at your visa application and the interview and consider it again in light of the information provided by your lawyer and fiancee. Its been two weeks, and I know you're anxious, but it seems that the consulate is still 'analyzing' your case. The consulate's answers have been the same each time you've contacted them...they will re-visit your case. In your situation, this is a good thing....there are situations in which the consulate will refuse to give a 'second look' to a case once there is an unsuccessful visa interview.

Be patient...I'm sure you'll hear something soon.

Correct. You have a better chance of success if it stays at the consulate.

The approved petition expires in four months if there is no action on it. There was action on yours so that is not an issue, there is no expiration per se, now. Incidentally it is a petition, not a k-1 visa, there is NO visa in this case...yet. You were not prpeared for your interview and you failed because of that. Using the word "girlfriend" as you did in your first sentence could do it. Use the word "girlfriend" anywhere near a consulate and your application can be denied. There are no girlfriend visas.

Unless you give us the exact reasons you were denied, we cannot say why. Neither can your attorney. Guessing will not help. But you can be assured that it was something you did, said, or failed to do or say at the interview, or something you failed to present.

Incidentally, evidence you produce yourself has almost no affect on consulate decisions. Every fraudulent relationshi produces notarized letters from family testifying to the validity of the relationship. Want me to make you one right now? Long letters from the parties in the relationship have no affect. Photos are secondary evidence. I am not saying you are in a fraudulent relationship. I am saying what you are telling us doesn't prove you are in a real one. YOU must prove your relationship is not primarily for immigration beenfits, THEY do not have to prove anything.

How about phone bills, emails, travel documents (cerrtainly in a 3 year relationship there was a lot of travel involved) postmarked letters to each other, receipts for birthday and holiday gifts (3 years is a lot of birthdays and holidays, certainly you bought gifts for someone you love and knew for 3 years)

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

"How about phone bills, emails, travel documents (cerrtainly in a 3 year relationship there was a lot of travel involved) postmarked letters to each other, receipts for birthday and holiday gifts (3 years is a lot of birthdays and holidays, certainly you bought gifts for someone you love and knew for 3 years)"

Yep. Had all that with me. Everything you just said! But again, what was the point if he didn't even ask to look at the evidences? I could have a notarized letter made by John, Paul George and Ringo with me that day that it wouldn't matter because he DID NOT see the pictures or any other evidence! The reason why he didn't? Don't know, friend...it's a mistery to me too!

"Incidentally, evidence you produce yourself has almost no affect on consulate decisions. Every fraudulent relationshi produces notarized letters from family testifying to the validity of the relationship. Want me to make you one right now? Long letters from the parties in the relationship have no affect. Photos are secondary evidence. I am not saying you are in a fraudulent relationship. I am saying what you are telling us doesn't prove you are in a real one. YOU must prove your relationship is not primarily for immigration beenfits, THEY do not have to prove anything."

Too bad my fiancee and I can't send them a sex tape. Maybe that would solve all our problems, ahn? :devil:

And I'm glad you're not suggesting anything. Already had enough people suggesting I'm a liar on this cold month of October so thank you for not doing the same thing as them! o/

"Unless you give us the exact reasons you were denied, we cannot say why. Neither can your attorney. Guessing will not help. But you can be assured that it was something you did, said, or failed to do or say at the interview, or something you failed to present."

Already said what he said to me. That I wasn't been natural in my answers. Well, in my situation, I don't think a lot of people would be feeling zen! If he suggested I was nervous, he's right, I was nervous, that usually happens when the best thing in your life is involved! But if he suggested that I was lying when he said that I wasn't been natural on my answers...then he was completally wrong!

"You were not prpeared for your interview and you failed because of that."

I was prepared for an interview where I have to talk about my relationship and my wedding plans. Sure wasn't prepared for what I went through, wasn't prepared to see two people talk to me for 15 minutes and call me lazy/liar between the lines. I'm just not used to this sort of thing, friend, so I kinda agree with you on this one!

But it's good to know that the case only expires if they don't do anything for more than 4 months...that's a huge relief because if it comes back to US...at anytime they ask for evidences...we'll have anything they need so thank you Gary and Alla!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...