In early 2010, I applied for a K-1 visa for my fiancee in Pakistan. They kept "suggesting" a DNA test, but she could not afford it, so they took no action on her application. She sent her first husband's death certificate, pictures of herself, her late husband, and the children at several ages, and the children's birth certificates, but they still "suggested" DNA testing. Now she has received a letter, dated 3 months prior to when she received it, saying that her visa has been temporarily denied and that the application has been sent to the Service Center for readjudication. The section noted was 221 (g), but no one was ever asked for financial information or affadavits of support. When I receive my letter from the Service Center, what is my best course of action?
Sounds like a case for a competent experienced immigration lawyer to handle! Why are they asking for a DNA test when it's supposed to be a fiancee visa being applied for? Is there something in your background or hers that suggests to the U.S. Consulate that you are both related less than one step removed? Hire a lawyer to look into this.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
Best bet is to hire a lawyer at this point. The K-1 instructions explicitly ask for Affidavit of support. USCIS will re-adjudicate the case to see if there is a bona fide relationship between the Petitioner and Beneficiary
This can take months
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
I agree with my colleagues.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
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