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Petition sent back to USCIS for review

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Filed: K-1 Visa Country: Ghana
Timeline

I learned this month that our Petition was sent back for review by the USCIS, it will either be reaffirmed or denied.  Does anyone have any idea how long until I should receive notice from the uscis and will it be emailed or postal mail? 

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Filed: K-1 Visa Country: Senegal
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Normally a Fiance Visa sent back to USCIS will not get reviewed. It will be allowed to expire. Basically the Consular sent it back as not issued. Were there any red flags in your petition, huge age difference, etc.... How did the interview go? 

 

Basically now, you need a new plan because this petition will die 

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Filed: K-1 Visa Country: Ghana
Timeline

the only reason that I know that the petition was sent back is because I contacted my congresswoman, she sent an email and received the reply that it was returned because they believe we are trying to commit a fraud/and or we are already married, which is absurd.  I called the uscis and they confirmed that it was sent back on July 11, our status was also updated on July 11, I was told that we will get a letter to either revoke or deny.  I have had many tell me the samething that I should drop this, go get married there and apply for cr1.  We already had a plan B,  so i am going to wait until I have the answer regarding the K1 before I do anything else, if I dont have the exact reason for denial the samething could happen for the cr1. 

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Filed: K-1 Visa Country: Senegal
Timeline
3 minutes ago, slherbin said:

the only reason that I know that the petition was sent back is because I contacted my congresswoman, she sent an email and received the reply that it was returned because they believe we are trying to commit a fraud/and or we are already married, which is absurd.  I called the uscis and they confirmed that it was sent back on July 11, our status was also updated on July 11, I was told that we will get a letter to either revoke or deny.  I have had many tell me the samething that I should drop this, go get married there and apply for cr1.  We already had a plan B,  so i am going to wait until I have the answer regarding the K1 before I do anything else, if I dont have the exact reason for denial the samething could happen for the cr1. 

Well it looks like you have your reason. They think the relationship is for immigration purposes only or that you are already married. One or the other. Another K-1 would get denied if they think you are married. So next, you need to work on the "bonafide relationship" part. That petition is dead for sure...... 

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Filed: IR-1/CR-1 Visa Country: Ghana
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Sitting and waiting on a letter is a waste, plan your wedding and provide a well rounded petition showing your marriage is bona fide, such as more than one trip, pictures of you and him with his family and friends, conversations and calls over a period of time, once your married add his name to things you can, etc... good luck 😊

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Filed: K-1 Visa Country: Nigeria
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11 hours ago, slherbin said:

I learned this month that our Petition was sent back for review by the USCIS, it will either be reaffirmed or denied.  Does anyone have any idea how long until I should receive notice from the uscis and will it be emailed or postal mail? 

Wait for the letter, you could be given a second interview and approved 

 

All you can do now is pray and hope for the best 

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Filed: Citizen (apr) Country: Taiwan
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5 hours ago, Austin said:

Wait for the letter, you could be given a second interview and approved 

 

All you can do now is pray and hope for the best 

Uh, no, it won't be reviewed, and the OP will not get another interview.  There are numerous cases on VJ where the petition is sent back.  They are allowed to expire with NO REVIEW.  The only chance for a successful IV is a bone fide marriage and a well-prepared CR-1.  Waiting around for the letter will just delay the visa for months.

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Filed: K-1 Visa Country: Kenya
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17 hours ago, Maria1989 said:

Well it looks like you have your reason. They think the relationship is for immigration purposes only or that you are already married. One or the other. Another K-1 would get denied if they think you are married. So next, you need to work on the "bonafide relationship" part. That petition is dead for sure...... 

If that is the picture of the two of you, it appears your Ghanian fiance is much much younger that you? Culturally, that is a no-no in Africa. The Embassy is a very High Fraud Country Embassy. They suspect that probably he is already married or as another 'wife' as they say in Africa....could be other things, but marrying is not going to change anything really. Maybe moving to Ghana and living with him for a year or more, might change things? 

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Filed: K-1 Visa Country: Kenya
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6 hours ago, Austin said:

Wait for the letter, you could be given a second interview and approved 

 

All you can do now is pray and hope for the best 

Bad and wrong advice...praying doesn't get you anywhere as I am sure the OP has already done that.

Marrying and living together in Ghana is the better option, then applying for a CR-1 

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Filed: Citizen (apr) Country: Ghana
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8 hours ago, Austin said:

Wait for the letter, you could be given a second interview and approved 

 

All you can do now is pray and hope for the best 

Very poor advice. A K1 won't get reviewed. All they will get is a letter stating that their case has expired. 

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Filed: K-1 Visa Country: Senegal
Timeline
1 hour ago, NYCruiser said:

If that is the picture of the two of you, it appears your Ghanian fiance is much much younger that you? Culturally, that is a no-no in Africa. The Embassy is a very High Fraud Country Embassy. They suspect that probably he is already married or as another 'wife' as they say in Africa....could be other things, but marrying is not going to change anything really. Maybe moving to Ghana and living with him for a year or more, might change things? 

I believe she had posted elsewhere that she is 20+ plus years older, and please excuse me, I'm not trying to be rude at all, but in addition she looks to be well above child bearing years, and I only say that because I have read many posts that in African Countries that is definitely considered a huge red flag, when the husband is so young. In addition, another thing I noticed is that both pictures, they have on the same/matching clothing.... I have read many times on this forum that is also a no-no as they may think you had some sort of ceremony and is not good when applying for the "fiance visa". So I can see how they did the denial as she stated..... I would assume that the one visit, in combination with the above wasn't good either. 

Good advice, as far as moving there as that is a lot to overcome, especially when they have already noted that presumption and that will folllow her. Also, so funny "as another wife", my fiance is Gambian and he says that.... Lol

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Filed: Citizen (apr) Country: Ghana
Timeline
20 hours ago, slherbin said:

I learned this month that our Petition was sent back for review by the USCIS, it will either be reaffirmed or denied.  Does anyone have any idea how long until I should receive notice from the uscis and will it be emailed or postal mail? 

I am so sorry your case turned out this way. My husband and I also had our K1 denied two years ago, so I understand the heartache that comes with it. 

 

As others have stated, your best thing to do is to go to Ghana and get married. That said simply getting married isn't enough to overcome the concerns the CO has with your case. It's good that you contacted your Congresswoman, but sounds like you got the same generic answers everyone does. You need to carefully look at your case, see what red flags you have and find ways to overcome them. 

 

Examples: 

  • Do you have an age gap? An older women/younger man isn't a cultural norm for Ghana and adds extra scrutiny to the case. This can be overcome by providing good evidence of a solid relationship. Best evidence you can submit it time spent together in person. 
  • How many times have you been to Ghana? As I already mentioned, face time is like gold to this embassy. If you've only had one trip and then filed your petition, it isn't enough for Ghana. I highly recommend planning to go back several times as you continue your next petition. I went 5 times in 2 years. Expensive...yes...but worth it because my husband is now here.
  • How long have you known each other? A short relationship followed by a petition can cause problems in Ghana. 
  • Did you do an engagement party? If so, they already think you're married and its basically an automatic denial. It happened to us. We didn't consider ourselves married, but my sweet husband took pictures from the party and they were interpreted as a wedding. We had to start all over and it cost us more time apart.  

I know many of these might not seem like big problems, but in a high fraud country like Ghana they are...and have led to many people being denied. 

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