K1 denied

[Michellejune 16]

Hi we heard today that our visa application has been denied!! We have to wait for a letter stating why. 

I am in the uk my fiancé in the USA. We have been together nearly 18 months and I've lived and worked in the USA for 15 months until August 2016. We applied for the K1 August 10 2016. 

Does anyone know if I can travel to visit him with my ESTA!? 

Also does the application for a K1 have a time limit from sent date or NOA 1 to processing!? Would it have expired!?? 

Thanks in advance 

[Transborderwife 4,666]

Unlikely.  You must update your ESTA saying that you've been denied the k1

[Ben&Zian 4,397]

 

Your application, as in the I-129F petition was denied, or denied at the interview for the K-1 itself??

[yuna628 9,528]

5 minutes ago, Michellejune said:

Hi we heard today that our visa application has been denied!! We have to wait for a letter stating why. 

I am in the uk my fiancé in the USA. We have been together nearly 18 months and I've lived and worked in the USA for 15 months until August 2016. We applied for the K1 August 10 2016. 

Does anyone know if I can travel to visit him with my ESTA!? 

Also does the application for a K1 have a time limit from sent date or NOA 1 to processing!? Would it have expired!?? 

Thanks in advance 

You're going to have to be a little more specific about your case. What stage of the process were you in? Did you ever receive any RFEs, or did you fail to respond to any RFEs? Have you made an infopass appointment? Did you follow all instructions, send plenty of evidence, and send the correct check amount? Is there anything unusual regarding the case or otherwise complicated such as criminal convictions? Were all the forms sent in with the correct expiry dates? Also, where did you hear the case was denied? Did you use a lawyer, and if so, do you know if the lawyer failed to file any paperwork in a timely manner?

As for filling out the ESTA and using the VWP, it's highly doubtful this can be used again.

Edited February 11, 2017 by yuna628

[Penguin_ie 5,985]

You will need to update the ESTA with your visa denial, and that most likely will lead to a denial of ESTA, at least for a year or two.

 

While the K1 usually has an expiry date of 4 months, it is extended automatically unless you stop responding to them.   Please fill in your timeline, so we can help you better.  For example, did you have an interview already and if so, what happened during it?

[Michellejune 16]

39 minutes ago, Penguin_ie said:

You will need to update the ESTA with your visa denial, and that most likely will lead to a denial of ESTA, at least for a year or two.

 

While the K1 usually has an expiry date of 4 months, it is extended automatically unless you stop responding to them.   Please fill in your timeline, so we can help you better.  For example, did you have an interview already and if so, what happened during it?

No we had an RFE for evidence of meeting we sent back the evidence they received on October 19th. Nothing more since then a visa denied update yesterday. 

[Michellejune 16]

45 minutes ago, yuna628 said:

You're going to have to be a little more specific about your case. What stage of the process were you in? Did you ever receive any RFEs, or did you fail to respond to any RFEs? Have you made an infopass appointment? Did you follow all instructions, send plenty of evidence, and send the correct check amount? Is there anything unusual regarding the case or otherwise complicated such as criminal convictions? Were all the forms sent in with the correct expiry dates? Also, where did you hear the case was denied? Did you use a lawyer, and if so, do you know if the lawyer failed to file any paperwork in a timely manner?

As for filling out the ESTA and using the VWP, it's highly doubtful this can be used again.

We reviewed an RFE and responded within days.  They received it October 19th. Then yesterday my case status changed to denied we will write to you explaining why. Our case is simple and straightforward.  We met in September 2015 while I was working in USA on a B2 I left in August 2016 when my visa expired we applied for a K1. And have now been denied. 

[Lenchick 133]

2 minutes ago, Michellejune said:

We reviewed an RFE and responded within days.  They received it October 19th. Then yesterday my case status changed to denied we will write to you explaining why. Our case is simple and straightforward.  We met in September 2015 while I was working in USA on a B2 I left in August 2016 when my visa expired we applied for a K1. And have now been denied. 

They didn't deny your visa if I am not mistaken but your application. They might deny if you made some mistakes on the application or for some other reason. What was your RFE? Maybe your RFE documents you sent were not enough or they didn't receive them or received late. Sometimes they deny by mistake also. You can refile after you know why your application was rejected.

[Michellejune 16]

27 minutes ago, Lenchick said:

They didn't deny your visa if I am not mistaken but your application. They might deny if you made some mistakes on the application or for some other reason. What was your RFE? Maybe your RFE documents you sent were not enough or they didn't receive them or received late. Sometimes they deny by mistake also. You can refile after you know why your application was rejected.

Hi thanks for the reply. Our RFE was for evidence we had met in person. We sent photos passport stamp receipts etc. They received them October 19th 2016. 

[geowrian 22,335]

1 hour ago, Michellejune said:

I am in the uk my fiancé in the USA. We have been together nearly 18 months and I've lived and worked in the USA for 15 months until August 2016. We applied for the K1 August 10 2016.

 

1 hour ago, Michellejune said:

We reviewed an RFE and responded within days.  They received it October 19th. Then yesterday my case status changed to denied we will write to you explaining why. Our case is simple and straightforward.  We met in September 2015 while I was working in USA on a B2 I left in August 2016 when my visa expired we applied for a K1. And have now been denied. 

You were working with a B2 status? And you lived and worked in the USA for 15 months? Did you ever overstay?

 

When you left, you may have received a bar either for the work or for an overstay. If so, that would explain the denial.

 

Or maybe there's something on your fiance's side that makes him/her ineligible for a K-1? You'll get more details when the denial notice arrives. Please update the group when that happens.

Edited February 11, 2017 by geowrian

[yuna628 9,528]

1 hour ago, Michellejune said:

We reviewed an RFE and responded within days.  They received it October 19th. Then yesterday my case status changed to denied we will write to you explaining why. Our case is simple and straightforward.  We met in September 2015 while I was working in USA on a B2 I left in August 2016 when my visa expired we applied for a K1. And have now been denied. 

You worked and sounds like you overstayed on a B2? That alone would be problematic...

There are a few things you can do for now:

Make an infopass appointment, or wait for the denial letter and make an infopass appointment.

Contact your senator or congressperson to see if they can discover the denial reason or determine if a mistake has been made.

You could try again I suppose, but that will all depend on the reason for the denial I assume and if working/overstaying had anything to do with it.

VWP is off limits to you now.

 

[aaron2020 11,651]

Seems like you have several problems.

 

If your response to the RFE was inadequate, that's a reason for a denial.

 

Working illegally in the US and having more than 180 days of unlawful presence is a 3 years bar from entering the US.

 

With a K-1 denial, you have zero chances of visiting the US anytime soon.

 

Wait for the denial letter.  There is nothing you can do until you find out the reason for the denial.

[Michellejune 16]

5 hours ago, yuna628 said:

You worked and sounds like you overstayed on a B2? That alone would be problematic...

There are a few things you can do for now:

Make an infopass appointment, or wait for the denial letter and make an infopass appointment.

Contact your senator or congressperson to see if they can discover the denial reason or determine if a mistake has been made.

You could try again I suppose, but that will all depend on the reason for the denial I assume and if working/overstaying had anything to do with it.

VWP is off limits to you now.

 

I didn't overstay or work illegally I had all the correct papers etc. I actually left the USA a few weeks before my end date. 

[gray_cat 39]

As I understand it, a B2 visa alone is only for tourism purposes or to get medical treatment in the US. To work you need a B1 or combine the B2 with a B1.

[A'n'L 735]

Their i129f petition has been denied, not the OP's K1 visa application. The reason might be technical or due to circumstances related to the petitioner. The OP is still eligible to use an ESTA (unless there's an B2 overstay, or something else ofc).

 

OP: could you be more specific about your situation? What was the admitted to date stamped in your passport on entry? When did you leave? A B2 should not give you entry for more than six months, so it sounds strange. What kind of work did you do (for what employer), and how did you obtain a work permit?

 

What exactly was the wording of your RFE? What exactly did you send back? What was the date range for the submitted proof of meetings? Did you receive acknowledgement that the RFE response was received? What other documents did you send with your original petition?

 

Has your US fiancé been married before? Been in any trouble with the law? Have you?