Ana Armani

He came twice to be with me while fiance visa was processed. Then he came and married me as we were too disappointed after that refusal. No one would come such a long distance and support you financailly ,if there is not something true feeling between you.
So I don't know what to expect this time from them... Will they deny new immigrant visa bcs they turned down my K-1 one?

Tracym

I am still unsure if they completely turned down the K-1 - and really wondering what the reason for the problem was.

I don't think they will necessarily turn down the immigrant visa - but unfortunately, it is very hard to say what the problem was. So we have no idea if the same problem will recur.

I hope not.

I really do think your husband should get an experienced immigration attorney to look into the situation - given the limited information available, I really doubt anyone on the forum can really help you predict what might happen.

Ana Armani

Thanks for the suggestions.
We don't know what was the reason to deny my visa by the consular officer. What reasons did she give to proof her intention .
Attorney didn't say anything special. He suggested that we married.
If something wrong happens again ,he will find someone better I think.

Tracym

Well I can just speculate...

Perhaps they were not convinced that you two really intended to marry - and just thought he was helping a young woman leave her country to come to the US.

Perhaps the attorney thought that by being married, you would prove you were serious about your relationship. He might have been right.

However, if your husband does not have confidence in this lawyer, I would get another one now, and not wait for something to go wrong. It's always harder to fix a problem than prevent one.

I'm not saying the attorney is not good - I have no idea. But I think it would be best for you two to have an attorney that you have some confidence in.

Noorah101

I have seen 2 cases (USC female and Morrocan male) where the K-1 file was sent back to the USA for a decision to be made, and those couples are still waiting for a decision (more than 2 years later). From what I understand, if the ConOff at the US Embassy cannot find the case "clearly approvable", they don't actually deny it, but they send it back to Washington to be approved instead...something like well, we don't know...here, you guys check it out and see what YOU think. But for whatever reason, these things seem to take forever.

And it's true, the K-1 route is no longer open to them. I just hope whatever was "not clearly approvable", is now "clearly approvable" to the ConOff. But if it was the age difference, that isn't going to change...so hopefully they get a ConOff this time who can find it clearly approvable.

Rene

Rete

Your age difference is substantial and is probably the reason why the K-1 was sent for administrative review. Unless you were given some notation in your passport that indicated out and out refusal, it would seem on the surface that it was not denied but send for administrative review to the USCIS in Washington where the final decision would have been made.

The approval of the I-130 means only that your documentation up to this point has been accepted and as such, is a basis for the next steps which are the ones your husband is currently pursuing, interaction with the NVC. From there will be your interview with the US Consulate in your country.

If I may make a suggestion, I would say your husband should be with you on the day of your interview at the US Consulate. I don't recall you telling us which country you are from but for countries where fraudulant cases are high (not saying yours is) the presence of the USC spouse goes a long way to affirming your true relationship.

meauxna

Exactly.

It's been my observation that once a petition is sent back to the States, it's not going to a new life as a visa.

Getting married and repetitioning.. well, they will just have to hope that they have overcome whatever the CO's objections was. I would have wanted to know what that objection was before moving forward.

Ana Armani

The attorney said exactly the same. Getting married would make the case look serious. I am sure she just thought I wanted visa for immigration purpose only, which is not true. The second fact is that the same con.officer didn't give me tourist visa before to go and meet him,before we became engaged.
That attorney is the only one my husband used. Now the case is at NVC ,my husband is very cofident,he thinks that USCIS matched these two petitions (denied and new one) and approved the I-130. I have also read that approving new petiton means to affirm old petition as well. but as I said before he didn't get anything (notice of deny, or notice of revokation of our fiance petition) We have also heard that it is lengthy process and it was meaningless to wait what they would decide about the I-129 F.

meauxna

Well, if may make the case look serious, or it may do nothing. Have you read this article yet?

Clash Of The Titan Bureaucracies? The Battle Between DHS And US Consulates
by Marc Ellis, Esq.

Noorah101

I very much doubt this is true. The I-130 approval only means that the USC is qualified, so that USCIS can start an Immigrant Visa process for his wife. It has no bearing on your visa application at all, except that it gave permission to begin the steps it takes to sending you the Immigrant Visa applications. The decision to award the visa or not will be up to the ConOff at your interview. The I-130 approval is not connected to that.

I agree with Rete, if your husband can go be with you at your interview, it would be helpful.

Rene

Ana Armani

I am from Georgia. My husband left my country on August 7,spent 3 months here. I don't think he will be able to come here now,as he has much to work.But that's the thought.
Con.officer just gave me a white sheet stating that my visa was suspended under 221(g) and it was sent back to USCIS for review. There was no explanation why the visa was refused. Even my husband asked the senator to get more information about the case. The answer was the same,it was sent for review.

Ana Armani

Yes I did. I read other articles written by the same attorney. According to him one should respond everything what they require from you. My husband will do so,but nothing yet...
I worry now,if this unknown misrepresentation will appear in my file...

meauxna

Why do you keep going back to 'misrepresentation'? Who told you, or where did you get that idea?

Ana Armani

That's what I read in the article :
So when the consulate returns our petitioner’s approved K-1 petition to USCIS, it will put a 212(a)(6)(c)(1) marker, called a “P6C1” marker, or a “quasi-refusal” in the beneficiary’s record. If DHS decides at a later date to revoke that petition, a hard 212(a)6(c)(i) finding can kick in.


If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c)(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

But my husband will respond them for sure when notify him about their intentions

meauxna

I see why you are confused.
That quote is from a different Marc Ellis article. And I'm not sure how that hypothetical applies to your case.
Was your petition expired when you interviewed?