K1 sent back to NVC after 2 years in AP

[Dukhtarwatan 0]

We applied for the K1 visa back in August of 2012. We went through 2 interviews and was put on administrative processing for over 2 and a half years. I checked his case number on the CEAC website and it says returned to NCC I'm so devastated! I've tried to contact the embassy to see what is going on and they have not responded to me or my lawyer. I contacted thecongressmen to see if he can help me figure out what is going on. I don't know what to do

[Kastrs 723]

Typically in these cases for K1s there is not much you can do. Basically your case will be sent back and it will expire. Are there any factors that could have cause a denial-large age differences, strange circumstances to meeting. ect, was there a lot of face time before sending off the petition. I think most people on this site, myself included, would suggest at this point to abandon the K1 route. Go ahead and get married and file for a CR1 making sure to REALLY beef up your evidence in your petition.

[Dukhtarwatan 0]

My fiancé did work for the embassy in Kabul. He was issued a SIV visa but it was cancelled a day before his flight. I have a feeling that it might have played a factor in our K1 case. Am I able to apply for the i601 waiver?

Edited July 29, 2016 by Dukhtarwatan

[farzram 11]

I'm sooo sorry. That must be terrible 2 years in AP and then to be sent back must be devastating. What country is the beneficiary from? Is it a high risk country? I also heard there's not much you can do but abandon the k1 route and go for CR1 when this hppensZ

So sorry your going through this

[farzram 11]

Just read your comment you posted before I got a chance to hit post- my fiancé is also going to be interviewing in Kabul.

I feel like if he worked for the embassy and he cancelled the SIV because he wanted to go the K1 route why would it be such a big deal. Maybe he can go into the embassy and get an explanation? I'm sorry your going through this and this process can seem unfair at times

[Dukhtarwatan 0]

Sorry guys I meant to say that the embassy cancelled his visa a day before his flight to the USA

Edited July 29, 2016 by Dukhtarwatan

[TBoneTX 43,057]

*** Thread is moved from the K-1 Process forum to the K-1 Case Progress subforum. ***

[jan22 2,898]

Sorry guys I meant to say that the embassy cancelled his visa a day before his flight to the USA

The important thing to know going forward is why the SIV was cancelled. You need to know if it was for a specific ineligibility and, if so, whether a waiver is available for that specific ineligibility.

With limited information about your case, it's hard to provide a more specific answer. For example, if your relationship started right after the SIV was cancelled and you have had limited time in person with your fiance, they could be doubting that it is a serious relationship and that he is trying to find any means possible to get to the US. Not saying this is true -- just another possibility.

Edited July 30, 2016 by jan22

[Dukhtarwatan 0]

His SIV visa got cancelled due to unfaithful service and deagratory information. This is a person who has worked for NATO and someone who has worked for the ambassador for many years! It has been a year and a half since he has appealed and he sent in new supporting documents. We haven't heard back from the embassy yet. We got engaged in 2011 but didn't apply for the K1 until 2012.

[B&Z 201]

His SIV visa got cancelled due to unfaithful service and deagratory information. This is a person who has worked for NATO and someone who has worked for the ambassador for many years! It has been a year and a half since he has appealed and he sent in new supporting documents. We haven't heard back from the embassy yet. We got engaged in 2011 but didn't apply for the K1 until 2012.

He has zero chance of immigrating here until he gets the derog behind his SIV cleared up. Any attempts at getting any other kind of visa will not be successful until the derog is overturned/deleted.

[Dukhtarwatan 0]

Just came back from my USCIS appointment and they called NVC for me. They said that my k1 case is not in NVC and that it is in Nebraska. They said they needed to verify some of the SIV and K1 paperwork.

[Amhara 460]

Just came back from my USCIS appointment and they called NVC for me. They said that my k1 case is not in NVC and that it is in Nebraska. They said they needed to verify some of the SIV and K1 paperwork.

Is that the process it goes through before it's rejected? I know this can happen with spousal visas too, but they get appeal rights. I'm not too familiar with it, but it's called a Notice of Intent to Revoke (I think) NOIR? The K-1 petition won't get it, so the Nebraska service center may just be sending a letter to you indicating that the petition was returned. The embassy may have sent a letter with the petition to USCIS indicating why they are suggesting revocation. You may be able to do a Freedom of Information Act request to get a copy of that letter; however, I have heard that takes over a year.

I would highly recommend finding out about the background of service or what is on record that is preventing your fiance for visa approval. It can also prevent a spousal visa. If whatever happened is recorded as any sort of threat, then getting that overturned can be difficult. My suggestion is that if you go forward with a spousal visa, then prepare to get denied. Don't expect any forms or amount of money spent will get your guy to the US. I'm not saying that it's impossible, but I am saying you are looking at more time and more money with no guaranteed results. If he gets approved after the work you have in front of you, that's great; just understand it's a nearly impossible task in front of you. I say all that to say don't pin your entire future on the US visa. Rather, begin thinking about which country you and he can immigrate to in order to be together.

Immigrating to a third country will take a lot of time and effort, so that's why I am suggesting for you to prepare now. If you decide in two years you want to immigrate, you may find that you need to wait a few more years to be able to move to another country. If he gets the US visa, then you don't need to worry about immigrating. But if you decide to immigrate, then start sooner rather than later so you don't lose too much time.

Keep us posted!

[Dukhtarwatan 0]

I also received an email from my senator saying that

"The I-129F application for the K1 visa was returned to the NVC by the Kabul Embassy at the request of the Nebraska Service Center. The Nebraska Service Center has requested the adjudication of the I-129F, but they could not tell me why adjudication was requested"

I'm not sure what this means. Should I wait until I get a response from USCIS?

[Amhara 460]

I also received an email from my senator saying that

"The I-129F application for the K1 visa was returned to the NVC by the Kabul Embassy at the request of the Nebraska Service Center. The Nebraska Service Center has requested the adjudication of the I-129F, but they could not tell me why adjudication was requested"

I'm not sure what this means. Should I wait until I get a response from USCIS?

You may want to see if you are able to find out the steps here in VJ. This may be a step before the petition is officially laid to rest. I know a few others have had to face impossible odds and they won. I don't know what sort of situation or grounds they were denied on in the beginning though. Unless the process has changed, I don't think this is good news for the Form 129F because I don't think the petition for fiance's have appeal rights in the adjudication process. Can the senator see if the documents he submitted for the SIV appeal have been considered in this fiancé petition?