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HELP K1 Visa Interview and passport kept

Discussion in 'K Visa and Related Issues at the Consulates' started by RCG, May 16, 2011.

  1. RCG

    RCG Registered Users (C)

    My fiance had his k1 visa interview yesterday at the New Delhi Embassy. It was a short interview in which he was asked these questions:
    How did you both meet?
    How do you communicate?
    Where does she work?
    Who is her fiance?

    Then the Officer said, "you're not even eligible for the k1 visa". this stunned my fiance..
    my fiance then asked if he will get his passport back and the guy said, no, you will receive it back in 2-3 days.

    We are completely unsure if he was denied or not. He didn't receive any slips and he saw a whole line of people who had gotten slips and were in line to get their passports back.

    We both called VFS and were told the same thing, if they kept the passport then it was approved. I also checked the VFS passport tracker, which just changed to "Passport is under processing at US Embassy/Consulate".
    Any suggestions or anybody who has had a similar experience????
     
  2. Triple Citizen

    Triple Citizen Registered Users (C)

    How did your fiance answer the last question? Was either one of you married before?

     
  3. RCG

    RCG Registered Users (C)

    He responded by saying he was my fiance. We both have never been married before.
     
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    Assuming that you both have met in the last 2 years, the consulate cannot cancel the approved I-129F. What they can do is, if they think that USCIS approved the I-129F in error, they can send it back to USCIS for a review. If USCIS still re-approves the I-129F, it comes back to the consulate for the K visa issuance stage. Now having said all this, keep in mind, the consulate can still deny the K-1 visa if they find the applicant inadmissable for any of the various reasons. K-1 visa issuance is not tied to the approval of the I-129F. In other words, an approved I-129F never guarantees issuance of a K-1 visa.

    From what you have described happened at the interview, my interpretation is, the consulate reckons USCIS overlooked/missed something while adjudicating the I-129F. They reckon your I-129F should have never been approved.

    Has your fiance ever visited the US and overstayed by any chance?


     
  5. RCG

    RCG Registered Users (C)

    No, he has never been to the US. and I visited India last May for 2 weeks. We met in 2009 on bharatmatrimony.com We knew there would be red flags for us for several reasons - I'm christian and he was brought up Hindu; I am native american and he is Indian, i am 7 yrs older than him but i look young, no engagement ceremony, and no ring (for financial reasons), and his parents didn't know about us. I did include a letter of approval from my mom and also my pastor who agreed to marry us if we had premarital counseling. He brought with him too a letter from his mother giving her approval (he just told her last weekend and she was fine with us getting married) to the interview but they never looked at any of the docs/pics he had with him.

    i am wondering if they questioned anything we included in the I-29F documentation? i think i mentioned that we had hoped to move to india in a couple of years but that was not definite..this was the truth..we decided on the U.S. first to save money and also pay off my student loans..then we planned to move to india or another country so i can teach kids abroad - thats been my dream forever - to teach poor children abroad.

    my fiance also said they returned to him all the supporting docs (emails, pics, letters etc) he had previously turned into the VFS but kept the forms. i am wondering if we were denied based on him not getting the hepatitis b vaccine..my honey showed me his doctor receipts from the medical exam and i don't remember seeing that he got a hep b vaccine or influenza b vaccine, but he received everything else..med exam was super short - only 5 min or less and the dr asked him if had any major medical problems in the past.no questions about past vaccines or illnesses at all.
     
  6. Triple Citizen

    Triple Citizen Registered Users (C)

    Parental knowledge/consent of the engagement is not a variable. Contrary to popular belief, the couple does not even need to be in love, let alone try to prove it!!!
    All that is needed is for two people (of the opposite sex) willing and free to marry each other.

    My advice is to wait it out for a few weeks and see what response (if any) comes from the consulate. Who supplied the I-134?

     
  7. RCG

    RCG Registered Users (C)

    I did..i have worked for the same company for 10 yrs now. i make more than double the poverty level. my fiance works in finance and would make about double my yearly salary if he worked in the U.S.
     
  8. Triple Citizen

    Triple Citizen Registered Users (C)

    Ok. As I said earlier, give the consulate a couple of weeks and see what happens. Keep tracking his passport and keep us posted. Best of luck.

     
  9. RCG

    RCG Registered Users (C)

    Thanks...my honey and i are reviewing all the docs he turned in...I'm looking at the vaccination documentation worksheet and the dr. checked at the bottom "vaccin history incomplete - applicant may be eligible for blanket waiver because vaccinations not medically appropriate". could that be the reason for ineligiblity? also i re-questioned my fiance and he told me he was told, "you are not eligibile for the k-1 visa at this time"

    any input?
    thanks so much.
     
  10. Triple Citizen

    Triple Citizen Registered Users (C)

    Patience needed right now.

     
  11. RCG

    RCG Registered Users (C)

    BAD NEWS...PETITION IS BEING SENT BACK TO NVC (((..
    R and i kept calling and emailing VFSDelhi. he often was told the visa is being approved cuz they kept the passport. he got an email last nite stating the petition was in administrative processing per 221g. About 3 hrs later I received an email stating the consular officer did not think we had a valid relationship and was sending our petition back to NVS and DHS and to contact DHS for further inquiries.

    I'm completely stunned and so angry that they judged our relationship only based on the cultural standards of India. Not everyone conforms to society rules. I had written my senator last week and called today but they said they just received my email..I called and faxed docs to my congressman, senator, and tribal president. lady at senator's office said they have probably already placed the petition in the diplomatic pouch mail by now but I can send my request anyhow.

    Any suggestions on what else to do?

    Should we just marry abroad then?
     
  12. RCG

    RCG Registered Users (C)

    NEW UPDATE..AFTER writing senator, congressman, president of navajo nation, president Obama, USCIS Employee Misconduct Hotline, and many other Immigration emails..My fiance called VFS today and was told we were mistakenly sent a stock email that said our case was denied..THEY NOW SAY CASE IS STILL PENDING... yay!!! Pray for favor for us and approval...thanks!
     
  13. RCG

    RCG Registered Users (C)

    Hi friends
    Thanks a lot for all the active posts that everyone made and tried to to help us out . I recieved the passport back from the VFS and a denial letter saying that the Vo was not convinced and that they are sending the petition back to the USCIS .
    Well yes , the K1 was denied and sent back to the NVC from New Delhi , but that very day we wrote to senator and congressmen and a few more people and Miraculously two days back , Just by the grace of Lord Jesus , my Fiance got a call from the senators office saying that they got it reviewed by the supervisor VO officer and that they are going to recall the petition from the NVC and will do a re - interview for me . Ohhh .. we are so happy .
    We would appreciate if people can suggest us , in what all things we should submit this time .We submitted over 100 emails chats , tons of phone bills showing daily calls between us and text messages , skype screenshots and facebook screenshots ,still it was told to us that this is not sufficient .
    This time my fiancee will be with me during the interview and we do not want to take any chances .

    1)What are the possibilities of the Petition recall after the review by a supervisor VO officer?
    2) My fiancee is getting a lot of affidavits from her friends and family who know us and about our relation . How should i get an affidavit in India . Will the Notary from each person on a 100 Rs stamp paper do ?
    3) what all evidence should we take this time apart from what we took during the last interview ? Should we include much more of everything this time ?
    4)They say that the petition will be recalled from the NVC : so how much time should it take to get back to the New Delhi Embassy ?
    5)Our petition expires on the 16th June (next month )Should we send them a request for extending the petition or would it automatically happen because we are due for another interview ?My Fiancee has already sent them( VFS and New Delhi embassy) a mail Just now requesting them to extend the petition and not let it expire.

    Any help would be highly appreciated .

    Thanks a lot in advance
     
  14. Triple Citizen

    Triple Citizen Registered Users (C)

    A1: If the consulate has recalled the I-129F, they will get it back from NVC.
    A2: If the I-129F sponsor will be attending the interview with the I-129F beneficiary, I see no purpose of getting affidavits.
    A3: Take whatever you think shows that you both are in regular contact.
    A4: Should not take long. Hopefully under a week.
    A5: Consulates/embassies can extend an expiring I-129F for 4 more months.

     
  15. RCG

    RCG Registered Users (C)

    Thanks for the reply .
    Will it be automatically extended as its written in the letter that once they receive the Petition back from the NVC they will schedule a re -interview or do we have to request them to extend the petition ?

    Thanks
     
  16. Triple Citizen

    Triple Citizen Registered Users (C)

    Consulates will entend the I-129F's validity when they see it close to expiring, provided they are interested in adjudicating the applicant's K-1 visa. In this case it seems they are interested.

     
  17. akoo

    akoo New Member

    My fiance had his k1 visa interview on thursday at the Ghanai Embassy.

    He answered all the questions at the interview, the interviewer said the approval notice expired so he will submit the case back to USCIS for review. I thought when the interview was scheduled for interview the expired approval notice will be automatically extended. What can I do help needed please. How can I contact president Obama for help, I already sent a privacy form to senators please help. Thank you.
     
  18. schynam

    schynam Registered Users (C)


    How far are you gone with this? Is the issue resolved?
     

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