denied visa now trying to appeal

[acabrera7186 10]

Hey guys,

I am now trying to find out how do you go about appealing a Consular Officer's decision after you were denied a visa?

Thanks!!

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[Harpa Timsah 13,258]

Cannot appeal.

[Boiler 43,433]

See above

[butterflies0124 8]

were you denied?

when a K-1 is denied, I think it depends on the reason, it is sent back to USCIS office that processed the case because the consulate's office does not have the authority to completely deny 100%. they send it back with a recommendation to deny. if the petition doesn't expire in the meantime, the USCIS office will review the petition again and make a decision, they can either approve and send back to the embassy for a second interview, or send you the motion to deny/revoke and you can appeal that. then their either send it for a second interview or send you the official denial. let me see if I can find a post on it. what was the reason for your denial?

[butterflies0124 8]

Hey guys,

I am now trying to find out how do you go about appealing a Consular Officer's decision after you were denied a visa?

Thanks!!

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http://www.visajourney.com/forums/topic/511950-section-221g-complete-admin-process-cases-sent-back-to-uscis/

[acabrera7186 10]

Cannot appeal.

umm yes it can i just dont know how to start this process

http://www.visajourney.com/forums/topic/511950-section-221g-complete-admin-process-cases-sent-back-to-uscis/

ook thanks

were you denied?

when a K-1 is denied, I think it depends on the reason, it is sent back to USCIS office that processed the case because the consulate's office does not have the authority to completely deny 100%. they send it back with a recommendation to deny. if the petition doesn't expire in the meantime, the USCIS office will review the petition again and make a decision, they can either approve and send back to the embassy for a second interview, or send you the motion to deny/revoke and you can appeal that. then their either send it for a second interview or send you the official denial. let me see if I can find a post on it. what was the reason for your denial?

they thought we was family

[queloque67 30]

umm yes it can i just dont know how to start this process

ook thanks

they thought we was family

So they actually told you the reason? Some people I read here were not given a reason for denial.

[acabrera7186 10]

So they actually told you the reason? Some people I read here were not given a reason for denial.

all they said that they didn't believe our relationship was real

[Harpa Timsah 13,258]

umm yes it can i just dont know how to start this process

Nope.

Also, that link is not applicable to K-1 visas.

Your petition will be left to expire and that'll be the end of it. You can reapply or get married and pursue a spousal visa.

[butterflies0124 8]

Nope.

Also, that link is not applicable to K-1 visas.

Your petition will be left to expire and that'll be the end of it. You can reapply or get married and pursue a spousal visa.

I sent that link because it is basically the same as what I was told by the lawyer we consulted. He said it is unlikely that it will be reviewed, because they often expire during the long process, but that is the order of events that are supposed to occur.

[Harpa Timsah 13,258]

I sent that link because it is basically the same as what I was told by the lawyer we consulted. He said it is unlikely that it will be reviewed, because they often expire during the long process, but that is the order of events that are supposed to occur.

I-129Fs are left to expire.

I-130s are reviewed and NOIDs are issued, with a chance to rebut.

[NigeriaorBust 4,087]

If the time between the initial approval to it's return to the US is more than 4 months the petition is dead ( expired ) and the chances of review are near 0. If it is less than that and it then gets to the review line before it expires it may be reviewed . When was your initial approval ?

[butterflies0124 8]

I-129Fs are left to expire.

I-130s are reviewed and NOIDs are issued, with a chance to rebut.

can you provide any sources? I would like to know this regarding my own circumstances.

[Harpa Timsah 13,258]

can you provide any sources? I would like to know this regarding my own circumstances.

https://www.dhs.gov/xlibrary/assets/cisomb_uscisresponse_recommendation33_2008-05-23.pdf

Mentions it.

[NigeriaorBust 4,087]

About 5 years ago , starting with California , the service centers started to declare K1 petitions expired, where Vermont would review them. Over the next 6 months it became standard practice to expire all K1 petitions that are older than 4 months. You get a nice form letter that says it has expired and you are free to refile Read this http://www.ilw.com/articles/2006,0323-ellis.shtm