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Bobby+Umit

Here are some sample cases of denial and approval for K-1's

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Guy didn't have to go to Iraq to meet - was approved.

USCIS admin

Guy was on disability (was getting SSI) - was not approved.

Another USCIS admin

Both cases - evidence (or lack of) dictated which way they decided.

Here is an interesting case where the Muslim petitioner was denied because of not meeting in the 2yr requirement - and the reason USCIS almost always denies this reasoning (Based on Islamic law):

Last USCIS link

The AAO notes that U.S. Citizenship and Immigration Services has experience with similar applications and relies on information provided by Imam Islamic Foundation of North America, which states:

It is declared that according to Islamic Law and practices, any adult Muslim boy or girl are not allowed to date or meet his/her partner before marriage.

However, for finalizing the decision of maniage, it is permissible for both to see each other in the presence of their families.

Go here if you want to read more.

(and remember The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 1361.)


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Guy didn't have to go to Iraq to meet - was approved.

USCIS admin

Guy was on disability (was getting SSI) - was not approved.

Another USCIS admin

Both cases - evidence (or lack of) dictated which way they decided.

Here is an interesting case where the Muslim petitioner was denied because of not meeting in the 2yr requirement - and the reason USCIS almost always denies this reasoning (Based on Islamic law):

Last USCIS link

Go here if you want to read more.

(and remember The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 1361.)

good informative stuff

Do you think in the case where the petitioner became disabled - if he would have submitted a letter from a hospital or a doctor restricting travel due to medical condition, that would have helped?

just curious as to what your take would be on the above suggestion?

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The way I read that - if he provided more information, they may of accepted it, but then again, they didn't even mention the benificary.

The petitioner would have to prove the benificiary cannot come to visit in the US. (there are some cases like that).

Basically, my take is, you have to exhaust all avenues of (not)meeting the requirement before they will allow it.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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The way I read that - if he provided more information, they may of accepted it, but then again, they didn't even mention the benificary.

The petitioner would have to prove the benificiary cannot come to visit in the US. (there are some cases like that).

Basically, my take is, you have to exhaust all avenues of (not)meeting the requirement before they will allow it.

Thanks!

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Filed: Citizen (apr) Country: Ukraine
Timeline

After reading bunch of those, it seems that the most common reason for denials is failure to provide proof of having met within 2 years.

It's just strange.... I guess people don't read the guidelines before submitting their petitions


Слава Україні!

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Full Timeline

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I thought the first one was interesting. I had always thought that the religious prohibition was that both were of the same religion, were marrying within their religion and were abiding by the customs of that religion.

However, the first one seems to be a "We are in love and forbidden to be together" case - opposite to what I had thought before - of different religions and therefore one is not allowed to meet the other because for religious reasons the marriage is considered to be unsuitable. Anyway, I don't envy that couple at all - imagine how difficult things will be for them to get through the embassy - how does she get mail, how does she go to the embassy unaccompanied, how do they communicate to prove bonafide relationship??


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Citizen (apr) Country: Canada
Timeline

Anyway, I don't envy that couple at all - imagine how difficult things will be for them to get through the embassy - how does she get mail, how does she go to the embassy unaccompanied, how do they communicate to prove bonafide relationship??

Exactly, it certainly puts things in perspective. We're quick to complain about the process because it's long and difficult, but it's nowhere near as difficult as some couples have it.


Met: December 2009

Married: April 2015

Received CR-1 visa: February 2017

POE (as IR-1): 2017-04-13

Received 10 year GC: 2017-05-20

 

N400: Detroit Field Office

Filed N400 online: 2020-01-14

Received Biometrics appt letter: 2020-01-18

Biometrics appt: 2020-02-04

Interview notice received: 2020-10-05

Interview date: 2020-11-09

Oath ceremony: 2020-11-20

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Interesting stuff. Seems the threat of imminent danger that meeting would present was the tipping point.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Yikes, wouldn't want to be married to this guy.


we met: 07-22-01

engaged: 08-03-06

I-129 sent: 01-07-07

NOA2 approved: 04-02-07

packet 3 sent: 05-31-07

interview date: 06-25-07 - approved!

marriage: 07-23-07

AOS sent: 08-10-07

AOS/EAD/AP NOA1: 09-14-07

AOS approved: 11-19-07

green card received: 11-26-07

lifting of conditions filed: 10-29-09

NOA received: 11-09-09

lifting of conditions approved: 12-11-09

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Filed: AOS (apr) Country: Philippines
Timeline

What I find most interesting there is that the petitioner is unable to travel to see his fiancee, but it never mentions whether the beneficiary can come and see him or not...

That would require a visa..


YMMV

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Filed: Citizen (pnd) Country: Thailand
Timeline

I think in the first case there is the problem of how she will get to the interview at the Embassy but additionally won't her family prohibit her from traveling even if she does get the Visa?


Naturalization N-400

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Filed: K-1 Visa Country: Iraq
Timeline

I think in the first case there is the problem of how she will get to the interview at the Embassy but additionally won't her family prohibit her from traveling even if she does get the Visa?

Basically she has to abscond.


10-01-2009: I-129F sent via return receipt certified US mail

10-06-2009: I-129F NOA1 harcopy

11-05-2009: I-129F RFE

11-17-2009: RFE Reply

01-17-2010: Biometrics appointment

04-05-2010: NVSC response: "The processing of your case has been delayed. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below."

04-09-2010: Senator(s) contacted:

04-21-2010: Response from Senator: "FBI doing name and backgrounds check. US Senator cannot do anything to expedite this petition."

04-23-2010: Response from second Senator: "Has contacted USCIS on my behalf. Please allow 45-60 days in order for this Senator's office to respond to your request."

05-17-2010: Letter written to USCIS director, VSC

05-24-2010: Touched

08-04-2010: Face to face meeting in Turkey; 35 days wonderful days in Istanbul!

09-08-2010: Documentation sent in regarding face to face meeting

09-11-2010: Touched

09-24-2010: USCIS letter states that petition undergoing routine security checks resulting in a delay. No definite indication of when it will be completed."

11-17-2010: Touched: RFE Response Review

01-31-2011: Petition denied

03-02-2011: Appeal filed with AAO

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