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CAandLI

K1 denied after interiew - how to find out the reason?

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Filed: K-1 Visa Country: China
Timeline

Our K1 Visa was denied after the inteview.  We are both baffled as to the reason.  I'm told that an appeal can be filed within 33 days, but I'm worried the USCIS still may take months to send us a letter (and even then, I'm not sure they specify the reason).  After the interview, my fiance was handed a paper that said:

 

"After the interview and a thorough review of your visa application, the consular officer found that you are not eligible for the visa category in which you are applying.  The fiancé/fiancée petition (Form I-129F) your petitioner filed on your behalf will be returned to U. S. Citizenship and Immigration Services (USCIS).  Once it has been returned, the Consulate General no longer has jurisdiction over this case. If you or your petitioner contacts the Consulate, no specific information will be provided nor will additional documents be accepted."

 

Through an online form, we asked the Consulate for the reason.  They replied with the exact same words as above.  Does anyone know how we can find out the specific reason for the denial?  We are both sick of waiting and don't know what to do next.

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Filed: Citizen (apr) Country: Canada
Timeline

You're not married or anything already, are you?

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Anything unusual about your circumstances?   No RFE, just a denial?  

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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It sounds like it's more a case of the beneficiary being ineligible for that type of visa - more a technicality than anything else. Has either of you been married before? I assume the petitioner is a USC. Are you both legally free to marry? Have you met face to face within the last two years? 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: K-1 Visa Country: China
Timeline

The consulate doesn't allow the petitioner to attend the interview, so I stayed in the US.

 

Only two things stood out to my fiance.  She was repeatedly asked about my job.  She correctly told them that I work from home, the name of my employer, and the I'm a computer programmer.  She was further asked what my employer did and what I programmed.  She responded that she didn't know to both of those.  She didn't really understand that my company is just a consulting company and she couldn't remember the tool I use to program.  She is not tech-savvy at all.  She also said that I sometimes travel to take tests.  He asked for further explanation, but she doesn't understand that these are certification tests related to my job.

 

She was also asked how much contact she had with my kids.  She replied that she had seen pictures of my kids but since I rarely see them, she hasn't talked to them.

 

So based on these questions, the only thing we can think of is that we were denied for lack of proving a relationship.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

What type of relationship evidence was submitted?   How much time have you spent together?  

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: China
Timeline

We both have been married twice before.  We both divorced twice so we are both single now.  My 2nd marriage was through a K1 visa and that marriage lasted 10 years.  So this is my 2nd K1 application.

 

Is there no way to know the real reason for a denial without guessing?

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Filed: K-1 Visa Country: China
Timeline

We have met 2 times, for 1 week each time.  We also us WeChat everyday morning and evening for audio, text, and video chats.

 

Evidence presented: Airline boarding passes, hotel receipts, passport stamps, 50 pages of WeChat screenshots, letter from beneficiary stating why she wants to marry me, and 25 photos

 

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Filed: AOS (apr) Country: Jamaica
Timeline
2 hours ago, CAandLI said:

We both have been married twice before.  We both divorced twice so we are both single now.  My 2nd marriage was through a K1 visa and that marriage lasted 10 years.  So this is my 2nd K1 application.

 

Is there no way to know the real reason for a denial without guessing?

Did you provide full divorce decree's of all divorces for both petitioner and beneficiary?  I heard of a couple awhile back being denied through China embassy because of an issue with prior divorce decree's.  

It can be very difficult to get a straight, direct answer for reason of denial with a K1 visa application.  It's frustrating I know.  Go over interview from start to finish again.  Maybe email embassy again to ask for a more specific answer.  Otherwise, you will most likely just need to marry and refile.  Sorry :(

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Filed: AOS (apr) Country: Cyprus
Timeline

Inquire through your senator the exact detailed reason of your denial.
Have him request a second interview, very slim chance but while he is inquiring for the reason he may as well ask.
Be at the premises if granted, even though they won't let you in.

 

Visit again, gather more relationship evidence.

The only other way is to email them yourself (you may not get an answer) or file a FOIA request (that takes a very long time).
Your case will be returned to USCIS where it will be purposely expired and you need to re file a K1 or better yet, marry and

file a CR1. Fix the issues that you think are the problem, front load your next petition with quality evidence, her interaction

online with your kids and make sure she understands what your your job entails so you won't be denied again.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: China
Timeline

Thanks for the help.  I have contacted my senator to see what he can find out.  But it seems that it is difficult to impossible to know the exact reason of denial and that in itself is a long process.  After talking with a lawyer abroad and one in the US, it appears the best course of action is to get married and file for a CR1.  So now we have to reset our expectations of staying together from later this month to 12 months from now.  This whole process of immigration seems to be designed by a crazy person.

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Filed: Lift. Cond. (pnd) Country: China
Timeline
4 hours ago, CAandLI said:

We have met 2 times, for 1 week each time.  We also us WeChat everyday morning and evening for audio, text, and video chats.

 

Evidence presented: Airline boarding passes, hotel receipts, passport stamps, 50 pages of WeChat screenshots, letter from beneficiary stating why she wants to marry me, and 25 photos

 

Did she present the certificate from the Chinese Bureau which states she is single? That's the only thing I can think of since you didn't mention this certificate. Sorry I forget the name of the bureau. If not then my money is on this certificate.

April 22, 2020 - I-751 sent

April 23, 2020 - I-751 received at Lockbox 

April 29, 2020 - Check cashed
??? - didn’t receive text or email confirmation. Ugh!
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