Jump to content

22 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Guatemala
Timeline

That's generic boilerplate. Just because you can pay to appeal, it doesn't mean you have a valid basis to win.

You certainly can appeal, and your appeal would be denied because you made the mistake and USCIS did nothing wrong.

When people say you can't appeal, they don't mean it literally. They mean your mistake and USCIS doing nothing wrong provides you with no basis to win an appeal. You can't win an appeal when you make the mistake. You can only win an appeal when USCIS makes a mistake.

I know the mistake was ours, although you can file a motion to reconsider the decision by sending the brief that can support the eligibility by the time we filed! Thank you for your advice!

Link to comment
Share on other sites

Filed: Country: Malaysia
Timeline

I'm sorry! I thought the reason of the denial was implied. They denied it because we failed to answer to the RFE that was my statement of intent of marriage :cry: awful and dumb mistake but it did happen! :(

My advise, before you start again your K-1 Application, make sure you go through K-1 Guides in VJ.. List every document needed.. and double check twice or triple of times before you send it out... Don't be in rush and take your time... It is better to do it right the first time ^_^ In addition, please ensure that you have a list of all document needed before the Visa interview too... Good luck :)

Link to comment
Share on other sites

  • 2 months later...
Filed: K-1 Visa Country: United Kingdom
Timeline

Hi so I'm in the U.K. My fiancé in USA. We applied for a K1 and sent our application August 2016. We received an RFE for evidence we've met and sent some information. However some of this was after we applied so didn't count which resulted in our application being denied. We have just received the letter explains this all to us. 

So now I believe we have to reapply!?? 

Has anyone experience of this and can advise me!? 

Thank you 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Switzerland
Timeline
13 hours ago, Michellejune said:

Hi so I'm in the U.K. My fiancé in USA. We applied for a K1 and sent our application August 2016. We received an RFE for evidence we've met and sent some information. However some of this was after we applied so didn't count which resulted in our application being denied. We have just received the letter explains this all to us. 

So now I believe we have to reapply!?? 

Has anyone experience of this and can advise me!? 

Thank you 

Your situation is very similiar to the OP in this thread.  Therefore you need to get all your evidence together proving you have met in person.  Then put together your packet again following the K-1 guide here on Visa Journey and reapply.  good luck!

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline
41 minutes ago, Cruise77 said:

Your situation is very similiar to the OP in this thread.  Therefore you need to get all your evidence together proving you have met in person.  Then put together your packet again following the K-1 guide here on Visa Journey and reapply.  good luck!

Thank you!!! It's exhausting isn't it? Lol 

i also have the question of ...... I'm going to travel to the USA to help my fiancé with the forms and to take the copies of things I need to. I will travel on my ESTA possibly staying a month my return ticket will be booked. Can we fill in the K1 application and send it while I'm there!?? I've googled it some say yes as long as I DO leave which I will.  

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline
11 hours ago, K1_Journey said:

What e

You didn't state, what exactly was it you didn't do till AFTER sending the K1 petition to USCIS? If you didn't meet prior to or either of you didn't finish divorce prior to sending your K1 petition to USCIS, then yes you are disqualified on this petition and will need to reapply AFTER doing so. Two of the main big requirements for filing a K1 petition are that 1) Must have met face-to-face prior to filing. 2) Must not be married to another person at date-time of filing.

 

And yes, you can file your K1 petition while you (the foreigner) are in the US, as long as you leave the US for your embassy interview.

Hi thanks for your answer and help. 

We both divorced 20 years ago. The evidence we sent of meeting in person wasn't enough and my fiancé sent his evidence of travelling to the uk but it was in the September and we filed in August so that didn't count. It's our mistake. 

And we are re applying and including the correct things this time! ? It's a learning curve!! 

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline
On February 28, 2017 at 3:48 PM, K1_Journey said:

Ahh yes I see, yea that's an automatic denial then If you didn't meet prior to filing the K1 petition. You'll be OK this next time, just reapply, and don't forget to include both yours and your fiances divorce decree's in your petition package, in addition to your evidence of meeting.

 

1) Must have met face-to-face prior to filing

We had met we'd been together a year before we filed! It's just that some evidence we sent was a month after we filed. And we did send divorce papers that wasn't part of it. It was the documented evidence that we'd met in the two years prior.

its all sorted now tho thanks we are going to re apply. 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...