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Filed: K-1 Visa Country: Turkey
Timeline

Hello guys,

After k-1 denial, our lawyer is insisting that re-filing K-1 fiancé visa has a better chance to get faster approval (NOA2).

We were planing to get married in my fiancées home country and reapply for K-3 marriage visa. Now, we are confused. Any advise would be greatly appreciated.

Thank you in advance, and good luck to all of us :)

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Filed: K-1 Visa Country: England
Timeline

It would help if people knew why you were refused. Depending on the reason, you would obviously have to fix that first. If you just re-file exactly as you did last time, then you can expect the same result.

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Something the lawyer didn't share with you. Due to lack of those, you may get an RFE (request for evidence) but refusal is not likely. Big you are getting married, why not CR1/IR1?

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Filed: K-1 Visa Country: Turkey
Timeline

Why we got denial: becaused of missing passport pictures and missing signature of petitioner (that's me).

Why not CR1/IR1? Because we want to have the fastest option. Thank you.

Missing picture and missing signature on G325A that is.

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The K-3 is tantamount to obsolete, and is rarely issued. You would instead be applying for a CR-1 or IR-1 if you chose the spousal visa route.

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Filed: K-1 Visa Country: Turkey
Timeline

Please consider that my fiancé is overseas. We want to be together here. CR1/IR1 is not fast way for her to be here. K-3 maybe. What do you think folks?

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Filed: Citizen (apr) Country: Nigeria
Timeline

Please consider that my fiancé is overseas. We want to be together here. CR1/IR1 is not fast way for her to be here. K-3 maybe. What do you think folks?

Okay hold up. So the I-129F Petition at USCIS was denied correct? Not the K1 Visa that would be a denial at the embassy? If you forgot all that you listed you would be at USCIS.

You sure you are denied and not just a RFE from USCIS? Or did your lawyer get an RFE and didn't reply in time and that would have given you a denial?

Sometimes speed isn't everything if its not going to get you the results you want. Since your denial is still at the starting stages you can file again pay the cost (why isn't lawyer paying its his error). Forget the K3. Just get your paperwork together right this time and refile the K1. You could surely do it yourself.

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Filed: K-1 Visa Country: Turkey
Timeline

Dwheels yes petition at USCIS was denied. Our lawyer forgot to fill out one g325a for me (petitioner). This is my assumption. On the Denial letter also said petitioners passport pictures/signature missing.

Our lawyer responded RFE on time, but did not know he was suppose to include pictures and signature.

We will do it ourselves.

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Filed: Country: Vietnam
Timeline

You would file the CR-1 and then file the K-3 paperwork after the fact. The K-3 came about when CR-1's were taking over a year to get an NOA2 from USCIS in the 1990's. Now CR-1's take the same amount of time as the K-3's did. People still can file the K-3 but 99.9% of the time the CR-1 is approved first and the K-3 is administratively closed. Some people believe it now adds extra time to your case because your adding extra paperwork.

So in reality the K-3 is dead. I haven't seen a single K-3 filer approved on here in the last year. The K-3 gets closed and the CR-1 moves on through the NVC.

Good idea to dump the lawyer. You don't need one for this process. Just read the instructions; it's that easy.

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Refile for K-1 on your own, your lawyer obviously has not experience and did not know how to handle your case and most likely didn't reply to the RFE on a timely manner. It is not hard, just takes patience, and there is no middle man so it can be faster.

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from the K-1 Case Progress subforum to the "What Visa Do I Need" forum -- OP has a choice of visa paths. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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