K1 Visa application refused after submitting documents for 221g form

patelmike2002

New Member
Hi,

Visa petition I applied for my fiancee has been refused under INA 212(a)(5)(A); of the Immigration and Nationality Act (INA) for an invalid petition.

Current status: The cesc site shows status as Returned to NVC. After calling NVC couple of times, the manager called me back saying that they have received the application back and it is currently under Administrative Processing at NVC.


Short Background: I am a US Citizen. In Dec. 2011 I went to a wedding and met my fiancee's uncle and cousins and later we were introduced. We talked to each other over phone for 1 1/2 month before I decided to go meet her in India. In Mar. 2012 I went to India to meet her and got engaged. After returning, I filed for her visa in May. It was approved in US and the application was sent to US consulate in New Delhi. My fiancee had her interview in Nov. and was given a 221g form. We submitted all the requested notarized documents with proof of relationship(phone records, chat records, records of gift sent). On Jan. 2, 2013 the status showed to be refused and my fiancee received the letter of refusal on Jan. 15, 2013 of refusal under INA 212(a)(5)(A).

Possible Red flags: The only possible red flag is that my fiancee had tried applying for visitors visa 3 times just before meeting me. She was asked regrading that during her interview. Also, during her interview she was asked few other questions which were bit odd.

My fiancee and I are very upset, angry and sad. So far I have asked our local Congressman's office to investigate what could be the reasons for refusal. Is there anything else I can do to get them to approve the application? What should be my next step?

Also, what does administrative processing means once the application has been returned to NVC and how long does this take for them to complete and respond to me.

Thank you for your kind help.
 
INA 212(a)(5)A) is for an invalid petition. Consulate for some reason feels that the USCIS approval was given in error. Please carefully review the paperwork you submitted to USCIS for K1.

For a consular official it smells fishy and points to possible fraud - a woman tried to apply for visitor visa several times but fails. Then shortly she gets engaged to a US citizen and files for a fiancee visa. How closely timed were her visitor visa applications? What did she show as the reason for a US visa? I am noy saying that your case is fishy, just that it might follow patterns of other cases which were found to be fraudulent.

What other questions were asked of her (which you find odd)? They might provide a clue to the official's thinking. Also what exactly was asked in the 221(g) form?
 
INA 212(a)(5)A) is for an invalid petition. Consulate for some reason feels that the USCIS approval was given in error. Please carefully review the paperwork you submitted to USCIS for K1.

For a consular official it smells fishy and points to possible fraud - a woman tried to apply for visitor visa several times but fails. Then shortly she gets engaged to a US citizen and files for a fiancee visa. How closely timed were her visitor visa applications? What did she show as the reason for a US visa? I am noy saying that your case is fishy, just that it might follow patterns of other cases which were found to be fraudulent.

What other questions were asked of her (which you find odd)? They might provide a clue to the official's thinking. Also what exactly was asked in the 221(g) form?

Hi nkm-oct23,

Thank you for the quick response.

She had applied for visitor's visa for 3 times within 1 1/2 year just before meeting me. I can understand that it this would look fishy to the consular but at the same time there are plenty of evidence that the relationship is genuine. We have submitted lots chat, phone, email, and photos as proof. What else can be done to convince consular?

There were questions asked regarding why is she getting engaged to someone out of her cast, that the relationship is inter-cast. Both of us are Hindu and vegetarian, but come from different region of India. One would assumed that in 22nd century this should not even be a question. The consular kept returning back to the same inte-cast question.

Would be able to comment on what I can do next. I have been told to go to India get married and file for I-130 but would the same issue come up during the I-130 process also.
 
Once you get married, you have a much stronger case and the consulate cannot simply refuse a visa if your wife qualifies for it.

I think the consulate simply believes that she desperately wants to come to US and now has entered into a sham engagement for that purpose. Why did she attempt to get a US visitor visa? Why did she apply again and again? Did she have a genuine and valid reason for visiting US?

Consular officials understand traditions and customs in India and use this understanding in making visa issuance decisions.
 
nkm-oct23,

She attempted to get visa because she wanted to come study in US. However, in her field of studies you have to take an exam before applying for admissions to any schools. The exam is only available in US and so her and her family figured that she can go to US on visitor's visa and take the exam.

As far as applying again and again, I cannot give a good reason.

As you say, get married and apply for I-130. Given that the visitors visas were refused and K1 visa was refused, do you think they will more likely to approve or deny. Also, it's been almost an year since we were engaged and getting married and applying for I-130 means that we would be waiting for another year or so before she comes to US. Is there a way to expedite the I-130 process?

Thanks a lot for taking time in answering my questions.
 
Last edited by a moderator:
nkm-oct23,

She attempted to get visa because she wanted to come study in US. However, in her field of studies you have to take an exam before applying for admissions to any schools. The exam is only available in US and so her and her family figured that she can go to US on visitor's visa and take the exam.

As far as applying again and again, I cannot give a good reason other then just silliness and lack of good advise.

As you say, get married and apply for I-130. Given that the visitors visas were refused and K1 visa was refused, do you think they will more likely to approve or deny. Also, it's been almost an year since we were engaged and getting married and applying for I-130 means that we would be waiting for another year or so before she comes to US. Is there a way to expedite the I-130 process?

Thanks a lot for taking time in answering my questions.

Immigrant visas are not denied because of prior denial of non immigrant visas unless there is evidence of any misrepresentation on a visa application. Once you get married, you can file I-130 immediately (you might have to make a trip back to US for filing I-130). It takes 4-5 months to process and get an interview date in Delhi provided all paperwork is lined up.

Did you review your K1 petition carefully for any errors or omissions?
 
I was told that the process takes almost an year. But if it only takes 4 to 5 months, it's not so bad.

There does not seem to be any error or anything ommited in the application that was submitted. Also, I was under the impression that if there was anything missing. They would at least make a request for it.
 
I was told that the process takes almost an year. But if it only takes 4 to 5 months, it's not so bad.

There does not seem to be any error or anything ommited in the application that was submitted. Also, I was under the impression that if there was anything missing. They would at least make a request for it.

Check the processing times for I-130 in USCIS office that covers your residence.

About the visa application, I was thinking more of any glaring omission/error you made on your original K1 application with USCIS which raised suspicion with the consulate (like withholding info on prior visa applications, etc.)

You can also look at K3 visa after getting married, which a temporary non immigrant visa allowing your wife to travel to US while an immigrant visa petition is pending. See http://travel.state.gov/visa/immigrants/types/types_2993.html and http://www.uscis.gov/i-129f
 
Have some Questions before filing for the I-130.

My recent wife and I have been dating for almost two years now and we just recently got married in Bulgaria. Well now I'm pulling all my hair out trying to get all the paper work correct the first time and I really need some help if anyone would be kind enough?

1. Do I need to file the I-485 with my I-130 or should I wait until she is in the USA?
2. Do I need to make an Affidavit for myself and/or from 3rd party's stating knowledge of our relationship and marriage?
3. How many personal pictures of us together do I need to submit with the I-130 form?
4. Does it matter if the Pictures don't have the date on them or in an specific location?
5. On number 10 what should I put and how would i know if she has an Alien Registration Number?
6. On number 11 and 12 neither of us have ever been married before so I put NONE or N/A? and what for the date?
7. I have a job, but do I have to show proof of it? Or bank statements?
8. and lastly, what are our chances of her getting approved and in the USA before the end of this year?

I really would appreciate anyone's help on these questions! I just really only want to do this once! Thanks for helping! :)
 
My recent wife and I have been dating for almost two years now and we just recently got married in Bulgaria. Well now I'm pulling all my hair out trying to get all the paper work correct the first time and I really need some help if anyone would be kind enough?

1. Do I need to file the I-485 with my I-130 or should I wait until she is in the USA?
2. Do I need to make an Affidavit for myself and/or from 3rd party's stating knowledge of our relationship and marriage?
3. How many personal pictures of us together do I need to submit with the I-130 form?
4. Does it matter if the Pictures don't have the date on them or in an specific location?
5. On number 10 what should I put and how would i know if she has an Alien Registration Number?
6. On number 11 and 12 neither of us have ever been married before so I put NONE or N/A? and what for the date?
7. I have a job, but do I have to show proof of it? Or bank statements?
8. and lastly, what are our chances of her getting approved and in the USA before the end of this year?

I really would appreciate anyone's help on these questions! I just really only want to do this once! Thanks for helping! :)



You need to do more research on filing I-130. you need to submit every information that can help your application.

Proof that you are financially ok to support your wife when she gets here
Proof that you know and have met your wife (photos, receipts of you sending her money etc)
Pictures do not have to have dates.
Chances that she makes it to the USA before the year is slim. USCIS is backed up.

When I did mine, My lawyer filed the I-130 first and then I-485 after 130 was approved. But maybe others have other experiences of filling both at the same time if it will save you time.


Good luck.
 
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