my k1 visa got denied, need advises ...

[jenroy 0]

ok i applied for my fiance (I-129f) 7 months ago and got denied because of the fact that i didn't went to visit my fiance for 2 years prior to the application. the time frame that they were looking for is march 2007 - march 2009 . i went there at February 2007. I know that if im gonna file for appeal im not gonna win anyways so here the question .... should i just go there and marry her and file for a k3 visa? or whats best way for it?

[Gary and Alla 3,694]

ok i applied for my fiance (I-129f) 7 months ago and got denied because of the fact that i didn't went to visit my fiance for 2 years prior to the application. the time frame that they were looking for is march 2007 - march 2009 . i went there at February 2007. I know that if im gonna file for appeal im not gonna win anyways so here the question .... should i just go there and marry her and file for a k3 visa? or whats best way for it?

You need to go there. That is number one. You can get married there and file for the CR-1 (better than K-3) or just visit, document the visit well and re-file for the K-1. You have done nothing to disqualify you from a K-1 if that is what is better for you.

[Kathryn41 3,205]

If you appeal their decision you will not win - you did not meet one of the primary requirements- that you were physically together during the last 24 months - you were together 25 months ago. You need to visit again and you have the choice of re-filing the I-129f with proof of your recent meeting, or if you wanted to you could get married while there and then sponsor her as your wife using the CR-1 route. The K-3 route really is obsolete right now - when it was established it was to allow people waiting for the CR-1 to be together. The CR-1 is now taking about the same amount of time as the K-3 but the CR-1 will give you a green card upon admission, while with the K-3 you still have to go through the whole AOS process before you get the green card.

The choice is really yours.

[jenroy 0]

CR-1 ? first time ive heard of this , ill google this and just read about it , thanks for the reply guys

[Anh map 2,098]

There are great descriptions of all the visa options in the VJ Guides at the top of each page.

[SuperDuper! 230]

Wow, interesting circumstances. First, my sympathy to the OP missing the 2 year requirement by just a few weeks

Second, can the OP just go back for a visit, submit proof of it, and have USCIS approve the 129F packet? Just like they were requesting a missing letter of intent or something? Otherwise I think the OP believes he is no longer eligible for a K1. To that I say, don't marry someone overseas if it were not your original intention or desire to do so. I bet you are still eligible to go the K1 route. Good luck!

[Jamaican JNR 2]

ok i applied for my fiance (I-129f) 7 months ago and got denied because of the fact that i didn't went to visit my fiance for 2 years prior to the application. the time frame that they were looking for is march 2007 - march 2009 . i went there at February 2007. I know that if im gonna file for appeal im not gonna win anyways so here the question .... should i just go there and marry her and file for a k3 visa? or whats best way for it?

Its your choice really; but you have to visit your fiance or have the fiance visit you if possible.

[baron555 934]

ok i applied for my fiance (I-129f) 7 months ago and got denied because of the fact that i didn't went to visit my fiance for 2 years prior to the application. the time frame that they were looking for is march 2007 - march 2009 . i went there at February 2007. I know that if im gonna file for appeal im not gonna win anyways so here the question .... should i just go there and marry her and file for a k3 visa? or whats best way for it?

You really NEED to read the guides and understand what you are doing and what you want. Obviously you didn't understand before and now you need to educate yourself.

[JimVaPhuong 4,864]

Wow, interesting circumstances. First, my sympathy to the OP missing the 2 year requirement by just a few weeks

Second, can the OP just go back for a visit, submit proof of it, and have USCIS approve the 129F packet? Just like they were requesting a missing letter of intent or something? Otherwise I think the OP believes he is no longer eligible for a K1. To that I say, don't marry someone overseas if it were not your original intention or desire to do so. I bet you are still eligible to go the K1 route. Good luck!

Yeah, I don't see any reason why he couldn't go visit, and then resubmit the I-129F with the relevant proof. The original petition can't be resurrected with USCIS, though. He wasn't eligible at the time he submitted it. He'll need to submit again.

The petition wasn't approved, so he won't need an IMBRA waiver for the two year restriction, but I would think this would count against the two petition lifetime limit. If the next petition is denied, he'll need to apply for a waiver to file a third petition. OP would be well advised to make sure all of his ducks are in a row with the next petition.

[D&R 0]

ok i applied for my fiance (I-129f) 7 months ago and got denied because of the fact that i didn't went to visit my fiance for 2 years prior to the application. the time frame that they were looking for is march 2007 - march 2009 . i went there at February 2007. I know that if im gonna file for appeal im not gonna win anyways so here the question .... should i just go there and marry her and file for a k3 visa? or whats best way for it?

Wow! That was a waste of money. Did you not read the instructions or just think that 'nearly' 2 years was good enough?

I'd suggest getting on a plane and visiting your fiance and then re-submitting. It would be a good thing to see your future husband face-2-face within the last 2 years anyway. I'm in the process of going 6 months without seeing my gf and that's hard enough.

[Cuchita 1]

Thta is really messed up!.

Sorry, to hear!, yes get married!

[notmrshamiltonnow 0]

CR-1 ? first time ive heard of this , ill google this and just read about it , thanks for the reply guys

CR1 is the I130

[baron555 934]

CR-1 ? first time ive heard of this , ill google this and just read about it , thanks for the reply guys

Rather than Googling it, why don't you VisaJourney it. Read the Guides at the top of this page.