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lala64

Appeals to K1 denied visa USCIS

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Denied K1s are expired before they get back to USCIS. They are administratively closed. You can file another K1 or get married and file a CR1 as long as you cover the reason for the denial in the original k1


This will not be over quickly. You will not enjoy this.

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Question:

Did USCIS refuse to approve the I-129F petition, or did your consulate deny the K-1 visa? Your thread title says "K1 denied visa" but your post says "petition."

Edited by TBoneTX

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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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Addressing the issue, getting married & filing spousal petition

Everything must be truthful and marriage don't make the issue

go away. So when you have the reason/s for denial address it &

maybe a atty would be a good idea to consult with

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Question:

Did USCIS refuse to approve the I-129F petition, or did your consulate deny the K-1 visa? Your thread title says "K1 denied visa" but your post says "petition."

This is a good question because the full title says, "K1 denied visa USCIS", and the USCIS does not issue visas.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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You need to fully understand the reason for your denial - if it was for lack of evidence, belief of a bonafide relationship, etc... - then yes, marrying and refiling can possibly overcome that.

if it is for felony convictions, drug activity, previous petitions, marriages, etc.. - then getting a congressman involved probably won't help


Fire de a Mus Mus tail, him tink a cool breeze

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Denied K1s are expired before they get back to USCIS. They are administratively closed. You can file another K1 or get married and file a CR1 as long as you cover the reason for the denial in the original k1

I meant denied on the USCIS side not the Consulate side. thanks:)

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Sorry for confusion. This is pertaining to a denied petition on the USCIS side of the house. Does it happen often, anyone ever been through that process. I was just wondering if anyone has ever had a petition denied and what the steps are after that. From what I have read, you can appeal on the US side and attempt to rectify the reasoning behind the denial and on the Consulate side, the decision is final.

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Can you provide the reason they denied the petition. The more info you can provide the better those here can help you.


 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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Assuming you provide them with what they want, no, it is extremely rare for USCIS to deny a K1 petition.

We have seen it here but almost always the denial was justified, and because the couple had not met in person within 2 years.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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You can go to USCIS site and search there for 'denied petitions' and read through them. They all are public records. YOu will understand better why they were denied, what happened on appeals, and why the appeals were denied as well.

Most of them are denied for not fulfilling submission requirements- not having met within 2 years, still being married at the time of petition, criminal records. This is probably it, I haven't seen any other reasons.


I-129F petition/K-1 visa

1/21/2015 I-129F mailed USPS Priority to Dallas lockbox /// 1/26/2015 received by USCIS

1/28/2015 NOA1 date /// 1/29/2015 NOA1 (text/email) I-129F sent → NOA1 - 7 days

2/3/2015 NOA1 (hard copy)

3/10/2015 RFE (email) /// 3/16/2015 RFE (hard copy) with A# NOA1 → RFE - 41 days

3/19/2015 RFE mailed USPS Priority to CSC /// 3/23/2015 RFE response received by CSC

5/18/2015 NOA2 (email) RFE→ NOA2 - 69 days / NOA1 → NOA2 - 110 days I-129F sent → NOA2 (CSC phase) - 117 days

5/22/2015 NOA2 (hard copy)

6/1/2015 NVC: case received NOA2 → NVC received - 14 days

6/4/2015 NVC: assigned case # & invoice ID

6/8/2015 NVC: sent to Embassy NVC received → NVC left - 7 days

6/10/2015 Status 'Ready' on CEAC site, letter from NVC mailed to petitioner /// 6/13/2015 NVC letter with case # (hard copy) received

6/16/2015 Embassy: case received NOA2 → Embassy received (NVC phase) - 29 days

6/17/2015 Status 'Administrative processing' on CEAC site, email from Embassy with interview instructions

6/24/2015 Interview scheduled, packets 3 & 4 received (email) /// 6/25/2015 Packet 3 sent to Embassy

7/2/2015 Medical

7/6/2015 Interview NOA1 → interview - 159 days Embassy received → interview (Embassy phase) - 20 days 7/28/2015 Visa issued /// 7/29/2015 email recieved/ visa in hand I-129F sent → visa in hand - 189 days (~6 months) TOTAL TIME

8/22/2015 POE LA

9/10/2015 Wedding

I-485(AOS)/ I-131(AP)/ I-765(EAD)

9/10/2015 Wedding /// 10/6/2015 Marriage Certificate (certified copy) received

11/3/2015 AOS/ AP/ EAD package mailed (USPS Priority to Chicago lockbox) /// 11/5/2015 received by USCIS

11/6/2015 NOA1 (x3) date /// 11/9/2015 NOA1 (x3) (text/email) AOS/AP/EAD sent → NOA1 - 3 days

11/13/2015 NOA1 (x3) (hard copy)

11/20/2015 Biometrics appointment invitation received (hard copy)

11/30/2015 Biometrics appointment

1/26/2016 NOA2 (EAD/AP) date /// 11/9/2015 NOA1 (x3) (text/email) AOS/AP/EAD sent → NOA1 - 3 days

1/29/2016 NOA2 (EAD) (hard copy)

2/3/2016 EAD/AP card received

event.png

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You can go to USCIS site and search there for 'denied petitions' and read through them. They all are public records. YOu will understand better why they were denied, what happened on appeals, and why the appeals were denied as well.

Most of them are denied for not fulfilling submission requirements- not having met within 2 years, still being married at the time of petition, criminal records. This is probably it, I haven't seen any other reasons.

Could you give me a link? Would be intrested to read but can't find it in the USCIS website


Filed k1 - 08/20/2015

NOA1 - 08/25/2015

NOA2 - 9/17/2015

NVC Received - 10/14/2015

Send to Amsterdam - 10/16/2015

Amsterdam received - 10/19/2015

Packet 3 in the mail - 10/22/2015

Packet 4 in the mail - 11/3/2015

Medical - 11/23/2015

Interview !!!! - 12/3/2015 Approved !!!

POE - 12/15/2015 (finally)

 

Wedding 01/15/2016 !!

 

AOS!

(unfortunatly we were not able to file any time sooner.)

 

Filed AOS - 03/15/2017

Noa 1 - 03/30/2017

Biometrics - 04/21/2017
RFE - 04/10/2017

Send RFE back - 06/18/2017

RFE Recieved (status changed) - 06/27/2017

EAD/AP Approved - 09/18/2017

 

 

rsz_waitisover1.jpg.e64ce44221da1246df04d25bf6a04bab.jpg

 

                                                                                                                                                   

 

 

 

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Sorry for confusion. This is pertaining to a denied petition on the USCIS side of the house. Does it happen often, anyone ever been through that process. I was just wondering if anyone has ever had a petition denied and what the steps are after that. From what I have read, you can appeal on the US side and attempt to rectify the reasoning behind the denial and on the Consulate side, the decision is final.

Seem like your petition was denied....why

have you met with fiancé in the last 2 yrs

who filled in foms for petition, and what was

added to the petition sent in by way of bonafide

relation

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Sorry for confusion. This is pertaining to a denied petition on the USCIS side of the house. Does it happen often, anyone ever been through that process. I was just wondering if anyone has ever had a petition denied and what the steps are after that. From what I have read, you can appeal on the US side and attempt to rectify the reasoning behind the denial and on the Consulate side, the decision is final.

Why was your petition denied? Usually an appeal is not the way to go because if the decision was justified, then you have no grounds for an appeal. If it was for lack of meeting, lack of being free to marry or lack of required documentation, then you will simply need to fix the reason for denial on your end, and then re-submit a new I-129F petition that meets all the requirements.

Could you give me a link? Would be intrested to read but can't find it in the USCIS website

For the I-129F petitions > http://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=D6+-+Fiancees+and+Fiances+of+U.S.+Citizen+%28K-1%29


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Can you provide the reason they denied the petition. The more info you can provide the better those here can help you.

My petition has not been denied. I am just asking if in case they deny it what the steps are. Sorry if I confused this topic. I was asking if someone had gone through a denial and appeals process. thanks.

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