K1 visa denied

[Illiria 980]

The application specifically asks if was ever denied a visa, by saying no and swearing that is the truth then it is a lie even if you say you forgot they count it as lieing. If they determine that they would have granted the visa not knowing about the visa denial but would have denied it knowing about the visa denial they may determine this was a material misrepresentation which could be the inadmissibility. 

 

Did they hey give him a bit of paper with a series of letters and numbers on it?

[maylaw 3]

3 minutes ago, EandH0904 said:

This is the wording that you need to focus on. Why is he NOT ELIGIBLE? If there's something about the K1 visa that makes him not eligible, it's possible that the same reason could make him not eligible for a CR1 visa either. 

You need to figure out what makes him not eligible - if it was misrepresentation (leaving out the previous visa attempt - you said he indicated you were a "friend" on a previous visa attempt - maybe they think he was lying) or if it is some other reason he is not eligible. 

 

You have to figure out a way around that before you get married and apply CR1. How do you feel about just moving to Ghana? 

Exactly my guess is that they thinking it was a lie. I don't mind moving in with him but I need a job. I have loans to pay though. That's a concern to me

[maylaw 3]

3 minutes ago, Illiria said:

The application specifically asks if was ever denied a visa, by saying no and swearing that is the truth then it is a lie even if you say you forgot they count it as lieing. If they determine that they would have granted the visa not knowing about the visa denial but would have denied it knowing about the visa denial they may determine this was a material misrepresentation which could be the inadmissibility. 

 

Did they hey give him a bit of paper with a series of letters and numbers on it?

No they didn't

 

[Illiria 980]

Just now, ange410 said:

Exactly my guess is that they thinking it was a lie. I don't mind moving in with him but I need a job. I have loans to pay though. That's a concern to me

Think you are gonna have to break it to him that you have to move there unfortunately, if this was a normal we don’t think you are a couple then you could visit more and marry and prove them wrong but this looks to be more significant than that.

[arken 4,197]

Seems like he was denied for lying. There could be other additional reasons too.

 

Past visa denial is not just a voluntary declaration one needs to make, it’s an answer that you need to select for the question, “Have you ever been denied a US visa....?” in the form. You fiance selected NO to that question and the CO caught that lie. 

 

Like others said, the best option now is to marry him and pursue CR1 process, be truthful, and hope he gets visa. By that time you would have other evidences of bonafide relationship. 

Good luck.

Edited February 21, 2018 by arken

[geowrian 22,335]

33 minutes ago, ange410 said:

None of those things mentioned. The paperwork he received says he his not eligible and they will return the petition to USCIS

The returning of the petition is critical here. It means they are recommending for it to be revoked. The most common cause of this, by far, is because they don't believe the relationship is bona fide (the next most common reason is probably because they think you are already married or were not free to marry at the time of filing).

 

Assuming they actually return the petition (refusals go through supervisor review still), the petition will (eventually) be returned to NVC then sent to USCIS. It will then sit there to expire. You can restart the K-1 process, or preferably, marry and then go for a CR-1 visa.

 

11 minutes ago, EandH0904 said:

This is the wording that you need to focus on. Why is he NOT ELIGIBLE? If there's something about the K1 visa that makes him not eligible, it's possible that the same reason could make him not eligible for a CR1 visa either. 

You need to figure out what makes him not eligible - if it was misrepresentation (leaving out the previous visa attempt - you said he indicated you were a "friend" on a previous visa attempt - maybe they think he was lying) or if it is some other reason he is not eligible.

Not eligible means he did not qualify for the visa at this time. A material misrepresentation bar would be an inadmissibility instead (although a misrepresentation in general does not bode well for credibility in general). Given that the petition was returned, this means they don't believe it was valid (i.e. not a valid relationship). It's possible there's a misrepresentation bar as well, but he was ineligible for the visa so they didn't get to that point. If misrepresentation was the only issue, they would be refused and be presented with an option to file an I-601.

Edited February 21, 2018 by geowrian

[Illiria 980]

2 minutes ago, ange410 said:

No they didn't

 

Odd, to not be given a denial slip.

[Illiria 980]

2 minutes ago, geowrian said:

The returning of the petition is critical here. It means they are recommending for it to be revoked. The most common cause of this, by far, is because they don't believe the relationship is bona fide (the next most common reason is probably because they think you are already married or were not free to marry at the time of filing).

 

Assuming they actually return the petition (refusals go through supervisor review still), the petition will (eventually) be returned to NVC then sent to USCIS. It will then sit there to expire. You can restart the K-1 process, or preferable, marry and then go for a CR-1 visa.

 

Not eligible means he did not qualify for the visa at this time. A material misrepresentation bar would be an inadmissibility instead (although a misrepresentation in general does not bode well for credibility in general). Given that the petition was returned, this means they don't believe it was valid (i.e. not a valid relationship). It's possible there's a misrepresentation bar as well, but he was ineligible for the visa so they didn't get to that point. If misrepresentation was the only issue, they would be refused and be presented with an option to file an I-601.

Do k1 get option for I-601? I thought only spouse and immediate family?

[EandH0904 1,184]

2 minutes ago, geowrian said:

Not eligible means he did not qualify for the visa at this time. A material misrepresentation bar would be an inadmissibility instead (although a misrepresentation in general does not bode well for credibility in general). Given that the petition was returned, this means they don't believe it was valid (i.e. not a valid relationship). It's possible there's a misrepresentation bar as well, but he was ineligible for the visa so they didn't get to that point. If misrepresentation was the only issue, they would be refused and be presented with an option to file an I-601.

All these words and visaspeak make my mind go crazy 

[geowrian 22,335]

1 minute ago, Illiria said:

Do k1 get option for I-601? I thought only spouse and immediate family?

Yes. A K-1 beneficiary can qualify for an I-601 waiver the same way. There's an exception for K applicants as noted in the instructions.

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

"K Nonimmigrant Visa Applicant.

If you obtain a waiver in connection with an application for a K-1 or K-2 nonimmigrant visa, the approval of your waiver is conditioned upon the marriage of the K-1 visa applicant and the K-1 visa petitioner after the K-1 nonimmigrant visa applicant is admitted to the United States."

 

"Note to K-1 and K-2 Nonimmigrant Visa Applicants

Since you do not have the requisite relationship to a citizen or lawful permanent resident of the United States to qualify for a waiver, you must enter one of the following in Part 5. Information About Qualifying Relatives

1. If you are a fiancé(e) of a U.S. citizen:

A. Complete Item Numbers 1.a. - 8. with information about the U.S. citizen who filed a fiancé(e) petition on your behalf; and

B. Type or print “Prospective Spouse” in the space provided for Item Number 5"

[nykolos 711]

If the person being interviewed is caught in a lie or exhibit dishonesty during the interview. this is enough grounds for denial, These interviewers are sharp, it's best to be honest and forthcoming on the application and the interview. 

[etrangais 927]

At this point the K1 is dead. It will be returned to USCIS and it will be left to expire (it happened to us).

Best advise is to get married and file for CR-1.

Good luck

[Ahoy01 31]

Just to understand why he was denied. How many times have you met him in person? and how long have you been with each other?

[Ben&Zian 4,397]

So far sounds like from what we know, main issues stems possibly from not admitting to being denied a previous visa. It is the applicants responsibility to know/answer all questions fully and honestly.

 

Now that is what we know; but there still are other factors that could be the reason also. OP needs to figure out exactly what happened. Just marrying and filing for a CR-1 doesn't guarantee any solution.

[Boiler 43,438]

If it was just misrep for lying on the application a waiver would be available.

 

Normally in this sort of situation the OP knows why, well I have yet to see a case where they did not, can take many pages to get that info.