k1 denied under 221(g) - no relationship with you and petitioner, advise please!

[Jafifa1978 3]

Hi guys, me and fiance has known each other for 3 and half years and we finally been together when he decided to fly for a week down here in malaysia on last october. We filed the petition on last December, got called for an interview yesterday at the american embassy in kuala lumpur.

I was asked few questions on how i met my fiance (which i told them the truth that we known each other online) and when they asked me when did he asked me to marry him, i told them before he even met me and he actually sent me the ring first before he even meet me in person. i remember the CO asked me that if i am sure that a week together is just enough for me to be married to him and i said yes because i known that man for 3 and half years and he's been taking care of me and my daughter ever since then. The next question was asked that is it true that my fiance was married twice i said yes and the divorce took place quite a while ago. and right after that is when i was given the white paper stating that i was denied under such reason that i dont have a relationship with him and it will be return to USCIS

what devastated me the most is that i was only that few questions and i wasnt even asked to present for any proof or evidence of relationship like the pictures that we have together and others.

Please help us, me and my daughter are so brokenhearted as he has been in our lives for a while and he has been nothing but loving and providing to both of us ever since then

[Merrytooth 5,748]

Both of you only met for 1 week throughout the 3 and half years.

Frankly you only have an 'Internet Relationship', not enough physical time together to convince the CO otherwise

And by "He's been taking care of me and my daughter", is he sending you money regularly?

Any red flag like age gap, different religion?

Both of you should try to spend more time together in person before refilling K1 visa or get married file for I-130/CR1 visa

[Jafifa1978 3]

hi merrytooth, yes he does sent me money regularly but not really like a big amount every now and then, it probably for something like to buy my daughter a presents, or buy us some new shirts or shoes and he does it willingly just like taking care of us like his own family.

Im not sure what red flag is about in the first place but yes he is 11 years old older than me and different religion as well, but nothing was asked about it in the first place.

how much time usually we need to spend time together before there is any possibility we can get approved though merrytooth? thank you so much for at least replying to my post, we was clueless, no idea whats going on at all and just got rejected by piece of paper and not given a reason for it

[Happytobe 164]

You mentioned she did not look at your evidence.... Did your fiancé not send any in with the petition?

[Jafifa1978 3]

Hi happytobe,

thats correct,she did not even look at my evidence of relationship. my fiance did sent identical proofs with the petition, but i also brought the proof of the card that he sent for me and my daughter,pictures and skype convos that was not sent by my fiance though.that is an additional proof that i figured might help to prove our on-going relationship after we met

[Merrytooth 5,748]

You met the minimum requirement of meeting at least once within 2 years for the I-129F petition.

However, the US consulate possibly want to see more visits and physical "face time" to be convinced the relationship is genuine.

Time spent together in person carries a lot of weight in the eyes of the CO, than sending thousand pages of messaging logs.

[Jafifa1978 3]

Understood merrytooth, what is the possibility if we get married and then file for the spouse visa then if you may share me anything you know about it, from what i heard to some of my friends and when my fiance went to the consular office in charlotte, they said it would make it more difficult and it will be much longer to get it approved

[Merrytooth 5,748]

Spousal visa I-130/CR1 visa processing time is longer that fiancé visa.

See the comparison here:

http://www.visajourney.com/content/compare

For spousal visa, you have to include evidence of bona fide marriage with the I-130 petition.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

[Pinkrlion 2,718]

The issue that I see is in three years he has never visited. That is the red flag. They most likely are wanting to see where you have established a relationship face to face.

Even if you marry, you still have this problem.

[Jafifa1978 3]

well he did visited once which met the requirement to file the petition in the first place, it just kinda frustrating when that was not even looked into

[Unlockable 7,314]

Out of curiosity, were his previous marriages with foreign women in other countries?

[Jafifa1978 3]

Hi nuestraunion,

no its not, his previous marriages was with u.s citizen

[TBoneTX 45,284]

well he did visited once which met the requirement to file the petition in the first place, it just kinda frustrating when that was not even looked into

You satisfied the USCIS petition requirement.

You came nowhere near to satisfying the consular expectation of a bona fide relationship.

[Jafifa1978 3]

we never thought it didn't meet the consular expectation TBoneTX. would you guide me a little bit more on this please?

[Michael and Ganna 104]

First off, I am sorry that your case was denied. It seems that most cases are viewed by the quality of proofs that are sent ..... not the quantity.

People always mention that the interview was "short and sweet" and the CO didn't give you the chance to give evidence before you were handed a denial slip. The fact is that the interviewing CO reviewed your case before you came to the window for the face to face interview. Most likely his decision was already made before the interview.

It seems that immigration is personal....What applies to one couple, doesn't mean that it applies to the next. Yes we all have basic requirements to file our petitions. But it is up to us to provide solid convincing evidence that will not create any doubts in the CO's mind. Face time is solid evidence.