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K1 visa denied reason 214(b)

Discussion in 'K Visa and Related Issues at the Consulates' started by jpnanda, Nov 6, 2012.

  1. jpnanda

    jpnanda New Member

    I checked your video on K1 visa, which said that K1 visa should not have any problem being denied under 214(b)

    My Fiance had her interview on Nov 1 2012 at New Delhi consulate. She was interviewed for 10 to 15 min by the consular (Indian guy) who was very rude to her and some of the questions were inappropriate. The Consular denied the visa and gave her a letter which said hold under 221(g) and refusal stating 214(b).

    Background
    I am a US Citizen living in US since 1984. I have known my fiance for the last 30 years. We have pictures together dated 1982. My father had a business (owned a school) and she worked there, that is how I met her. There was no romantic relation between us till year 2000. My younger brother, my mother and my father died in 3 consecutive years 1996, 1997 and 1998. During these tragedies in my life, my fiance stood by me and comforted me. She took care of my parents in their sickness and she was loved by my parents. Eventually we had romantic relationship from year 2000 on wards. I visited India nearly every couple of years for couple of weeks and she would be with me during my visits.
    When I visited India this year, we got engaged in a simple ceremony at home with her parents blessings. I filed the I-129F in March 2012. My case was approved by USCIS and sent to the NVC and then to the Consulate in New Delhi.
    There is ample evidence to show that we have been in contact, with hundreds and hundreds of emails, chats logs. I even executed a Power of Attorney in her favor in year 2003. In 2009 we opened a joint account in the bank in India.
    We had all the papers complete including her medical, she took pictures of us together since 1982 to 2012.

    Under 221(g) they have asked us to submit a statement from her parents discussing their views on our engagement. I cannot understand why they need this kind of statement, I am 51 years old and she is 47 years old. Is there a requirement that her parents approval is necessary.

    They have further asked us to submit a list of people who attended the engagement ceremony with the address and phone number, but they have said not to include immediate relatives, while we already told them that it was a simple ceremony at home with no guests. We do not have any photographs for the ceremony, but there is an engagement ring and the bill for it. Am I supposed to just make up a guest list just to satisfy them, I don't think I want to do that. We both have already submitted a sworn statement regarding Intent of marriage.

    They have also asked for notarized explanation from me and her to explain how we met and why we decided to get engaged. I had already provided an explanation to USCIS and they were satisfied and approved our application.

    They have also demanded a notarized copy of my US Passport.

    They have demanded her voter ID and 5 years of voter list for the beneficiary. I cannot understand why they need something like that.

    They have also demanded itemized emails and/or postmarked letters or cards between you and your fiance.

    I feel the consular at the consulate is being unfair demanding all this, we did not meet through internet matrimonial site, we have a long history together.

    The consular made a comment that, yes all this shows that you both have a history together, but you need to prove that you both are romantically involved, how can we prove that? do we have to take pictures of our conduct in bedroom to satisfy that. We both had gone on vacation to Gauhawti and Shillong and we have pictures together enjoying our vacation, but still they say to prove romance.

    I have been married twice, one in 1985 and divorced in 1990 and second in 1994 divorced in 1999. That was one of the reason that I took so much time to get engaged and decided to remarry after my 2 failed marriages. My fiance has never been married.

    The Consular made a comment to my fiance that why I did not have any issue from any of my marriages, I think it is highly inappropriate to even ask that. He further accused me or implied a fraud on my part because he said that my first marriage maybe to get my green card.


    There is no way to contact any one and I am looking for some kind of guidance and direction. In the mean time I have got all the documents the consular listed, to send it to them.

    By the way all those pictures, emails were shown to the consular and my fiance explained the situation to him and his comment was why were you taking care of his parents when they were sick.

    I will like your comments and what can I do in regards to the consular using 214(b) to refuse the visa. It is obvious that she is coming to USA to stay after our marriage, because we will file for AOS, so 214(b) should not even apply in this case. Thank you..and sorry for the long post.
     
  2. Triple Citizen

    Triple Citizen Registered Users (C)

    Firstly, if the interviewer was a member of the locally hired staff, he cannot be a consul. Consuls are diplomats posted by the State Department.

    Secondly, there is no requirement to prove that there is a romantic relationship between the sponsor and the beneficiary in order to get a K-1 visa. Both parties need to be willing and free to marry each other. As simple as that.

    K-1 visa applicants do not need to overcome 214(b)

     
  3. jpnanda

    jpnanda New Member

    Update




    UPDATE
    The Visa was issued on Nov 21st.. Thank you for all your help and guidance.
     
  4. mdaddd

    mdaddd New Member

    K-1 Visa denied to my fiance reason : consular officer didn't believe she'll marry me within 90 days

    I just went through almost exactly the same situation. My fiancé was denied K-1 Visa couple of weeks ago in India. All documents were submitted in order to USCIS and the petition was approved by USCIS and NVC. When my fiancé went to the interview, she was little nervous which was expected since she has never been through this before. When the consular officer asked her the details of the marriage upon her arrival in USA, my fiancé could not give the explanation to the consular's satisfaction because she was nervous. Hence the consular said that she does not believe that my fiancé will marry me upon her arrival in USA within 90 days. My question is we had established our relationship by providing pictures of my fiancé visiting my parents on a regular basis and we both have spent time in India together.

    I am also in the same situation as "jpnanda" and would request to advise and help how the Visa was finally issued? My fiancé is totally devastated and doesn't know what to do.

    Any assistance from "Triple Citizen" would be also appreciated.
     
  5. Danielle H.

    Danielle H. New Member

    Mdadd I my Fiance has had the same denial. K-1 Visa denied to my fiance reason : consular officer didn't believe he'll marry me within 90 days.

    Do I need to wait for an response?
     

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