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Mary100315

Applying for k1visa with a previous denied I-130 visa petition

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I had a I-130 petition for my ex husband that was denied on the interview because of lack of evidence we try to appeal the case but our relationship didn't work out and end up with a divorce. To make the story short I'm in a new relationship who also lives in a foreign country and Iam worry that my K1visa petition won't be approve because of the previous denied petition with my ex husband.

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Is your ex husband and current fiancé from the same country?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Who knows? The USCIS seems to be lost on previous petitions, and no rhyme or reason how they handle them.

Did you ever submit a withdraw letter?

I not sure if it even needed if it was denied at interview.

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I doubt it will. Since your ex was denied on lack of evidence and eventually it didnt work. Now when filing a new petition and be sure to have alot of evidence to send to USCIS and for the embassy interview.

How long ago was this petition denied. Maybe you should get married and file CR-1 and have your evidence ready.


AOS Date Filed : 2015-05-27

Got rejection notice on May 29, 2015 for an incomplete application

Receive rejected application on June 6, 2015

Resubmit June 8, 2015

Delivered June 9, 2015

NOA Date : 2015-06-16

Bio. Appt. : 2015-07-06

EAD and AP Approved Date : 2015-08-14

Date Combo Card Received : 2015-08-21 (Received my card about 6hrs apart on the same day they sent an e-mail that they shipped my card).

Receive Potential Interview Waiver Letter: September 9, 2015 sigh!!
AOS Approved without interview 2015-10-08 :dancing: :dancing: :dancing: :star: 3 MONTHS AND 22 DAYS AFTER NOA1 (F)
(L)In God I Put My Trust :star:

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It is a reasonable concern.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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suggest writing up a letter of attestation about the situation, include it with the I-129F petition along with a photocopy of the entire divorce decree. Why? If USCIS approves the I-129F petition with these facts submitted, DoS cannot deny visa application based on facts presented into USCIS and USCIS approving the petition.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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I had a I-130 petition for my ex husband that was denied on the interview because of lack of evidence we try to appeal the case but our relationship didn't work out and end up with a divorce. To make the story short I'm in a new relationship who also lives in a foreign country and Iam worry that my K1visa petition won't be approve because of the previous denied petition with my ex husband.

Denied at interview ? The consulate can't deny, only refuse to issue the visa and return the case.

Did USCIS send you a NOID/NOIR letter for more evidence that you didn't respond to or did USCIS tell you that your petition is denied

without a NOID/NOIR request letter ? What exactly did you understand to be your 'denial'.

You picked a country that is very tough, especially with K1's.

Depending on how long ago your other petition was, let me warn you that if it was recent and then if you jumped right back into

another relationship you will have problems.

You need to research your regional forum and put in some study time what you need to do, definitely front load your petition,

have lots of visits and quality evidence and plan on being there for the interview. If they refused the visa for a I-130 I don't think

you will have an easy road with a K1 at all. Probably best if you lived there for a few months, marry, establish good quality evidence

and some co mingling and file a CR1.


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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To be honest its not that complicated. I was married and filed an i130 for my husband in 2009 who did receive his permeant residency. We divorced he went to the Navy and is now a citizen. Six months after my finalized divorced was given I petitioned for my boyfriend in Dominican Republic and he was approved. When he moved here things went really sour and I withdrew from his petition by withdrawing from the affidavit of support and he was automatically denied AOS and ordered back to DR. I can honestly say my fiancé was approved because I had plenty of evidence that BOTH petitions were from a BONA-FIDE relationship meaning both the real thing! At the interview in DR they didn't ask for evidence regarding my Ex Husband instead they asked my fiancé and I plenty of questions about each other. We were separated during the interview and not allowed to talk or see each other but we both answered correctly so he was approved. DR is difficult because they can read fake and real right away so be prepared. Also, front load your petition meaning send lots of evidence with the I129f with that application they pretty much know whats going on before you even show up to the interview! No Worries!

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ThanKS.. I believe everything happens for reason and time showed me the reason my ex husband wasn't approved. Its just that I never thought I'll be going through this again after what happened I said to myself that I'll never get my self involved in a distance relationship and if I did it won't be serious. But I do believe in second opportunities and I hAve this guts feeling that this is right one. I just hope this visa thing works..

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I said the saaaaaaaame thing! I was just trying to have fun when I met my current husband at my friends wedding in DR. I wanted nothing to do with this process again especially since I have been through it twice! God definitely had other plans though. At least this time I knew what signs to look out for and I know now I have found the love of my life. Good Luck!

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