K-1 Denied

[Inyakee 2]

Hi there everyone! My K-1 visa petition was been denied due lack of evidence of my relationship to my fiance. It was my mistakes because I only send a filmed- dated picture and a birth certificate of our son. I thought that was good enough as my proof of relationship to my fiance. Now I need go to to Canada again to get a passport stamp because I need to ask them for that ask my proof of entry to Canada. I was been to Canada for 50 times or more but they don't put a passport stamp and now I have to ask them for that. My question is which is better to re-apply again or to appeal? And how long do I have to wait to re-apply again? Thanks in advance.

[canadian_wife 1,823]

SO many questions, your post is jumbled

What did the denial say? Was the interview in Montreal or Vancouver?

Where are you now? Are you the beneficiary or the petitioner?

Why do you need to travel to Canada, you are currently in the US?

Please be a bit more clear and we'll give better answers

Good luck

[NigeriaorBust 4,087]

Hi, when your fiance was denied they gave her a slip with the exact reason for denial. What was written on the slip ? Where are you both from originally ? ( sometimes foreign born people have a harder time than natives of a country ) How long have you known her ? did you only have 3-4 pictures for both the petition and the interview ? When was your petition approved ( it helps to know when you can refile ) Was if approved from California or Vermont? ?

[Jason & Sheri 5]

I would appeal. We had the same problem, they don't stamp passports and we didn't have any for all the times we went back and forth to see each other. Both of us drove so we didn't have plane tickets, etc either. We sent in a lot of info with our application but received a RFE for more pictures anyway. We sent in another 10 pictures of us together but they said they were of an unknown person, not sure why but we appealed and also called our congressman and had them inquire on our behalf and we were approved. Along with the appeal form we sent in 5 notarized letters from friends that had spent time with us while we were together, more pics and letters of intent to marry. I wouldn't start over again I would definitely appeal. I know what you're going thru, being denied is very upsetting. It took us a couple of days to recover and get it together to get everything sent off but it all worked out for us and I'm sure it will for you too. Good luck!

[Inyakee 2]

SO many questions, your post is jumbled

What did the denial say? Was the interview in Montreal or Vancouver?

Where are you now? Are you the beneficiary or the petitioner?

Why do you need to travel to Canada, you are currently in the US?

Please be a bit more clear and we'll give better answers

Good luck

I'm the petitioner. My fiance lives in Toronto and I'm a US citizen who lives in Chicago.

I need to get a passport stamp as my proof of entry to Canada.

The denial notice says that The petitioner did not submit information regarding the circumstances under the petitioner and beneficiary met to establish the relationship. Further, no documentary primary evidence was submitted regarding when and where the petitioner and beneficiary had personally met.

[NigeriaorBust 4,087]

Do you have any receipts from when the two of you were together , dinner , hotel, taking money out of the ATM ? Where you born in the US ? I know Nigerian people that are naturalized USC's sometimes have tougher interviews than others so if you are not native born that might give us some clues.

[Inyakee 2]

I would appeal. We had the same problem, they don't stamp passports and we didn't have any for all the times we went back and forth to see each other. Both of us drove so we didn't have plane tickets, etc either. We sent in a lot of info with our application but received a RFE for more pictures anyway. We sent in another 10 pictures of us together but they said they were of an unknown person, not sure why but we appealed and also called our congressman and had them inquire on our behalf and we were approved. Along with the appeal form we sent in 5 notarized letters from friends that had spent time with us while we were together, more pics and letters of intent to marry. I wouldn't start over again I would definitely appeal. I know what you're going thru, being denied is very upsetting. It took us a couple of days to recover and get it together to get everything sent off but it all worked out for us and I'm sure it will for you too. Good luck!

I don't know how to appeal. How long it takes to appeal with the Form I-290B? Did you pay a fee of $585 to appeal?

[canadian_wife 1,823]

I see, so they doubt you met within the 2 years required for petioning

Now, you cannot appeal unless you can prove you met within 2 years BEFORE filing. You cannot visit, then appeal. Do you have any proof that you met within 2 years of petioning?

how old is your son? If he is less than a year old, well that is good enough if you ask me and you can appeal.

Good luck

[Inyakee 2]

Do you have any receipts from when the two of you were together , dinner , hotel, taking money out of the ATM ? Where you born in the US ? I know Nigerian people that are naturalized USC's sometimes have tougher interviews than others so if you are not native born that might give us some clues.

We have a receipts at the hotel, we went just one time. I got lot of transactions through my atm. I have a lot of relatives in Toronto from my father side to mother side, so hotel is not necessary for us. I'm a US citizen through naturalization.

[daboyz 36]

Not sure about Canada, but Thailand could care less about passport stamps. I had like 60 of them because I lived there. They just said that proves you live in Thailand. Doesn't prove that you live with her. They wanted pictures. Passport stamps to Canada doesn't really prove anything about the relationship, especially since you are from Canada.

[Inyakee 2]

I see, so they doubt you met within the 2 years required for petioning

Now, you cannot appeal unless you can prove you met within 2 years BEFORE filing. You cannot visit, then appeal. Do you have any proof that you met within 2 years of petioning?

how old is your son? If he is less than a year old, well that is good enough if you ask me and you can appeal.

Good luck

The only proof I had was our relatives in Toronto and birth certificate of our son who's 14 months old, phone calls, a receipt from western union and my bank transactions.

Edited December 30, 2010 by Inyakee

[sachinky 465]

What evidence did you submit as proof of relationship?

[Jason & Sheri 5]

We did pay the $585 and on the denial it had what they were looking for from us and why we were denied plus a place for us to write any additional info we wanted to tell them. It should tell you the date that everything has to be returned by, we had less than 2 weeks by the time J got the letter.

[Lisa & Vinko 9]

I would appeal. We had the same problem, they don't stamp passports and we didn't have any for all the times we went back and forth to see each other. Both of us drove so we didn't have plane tickets, etc either. We sent in a lot of info with our application but received a RFE for more pictures anyway. We sent in another 10 pictures of us together but they said they were of an unknown person, not sure why but we appealed and also called our congressman and had them inquire on our behalf and we were approved. Along with the appeal form we sent in 5 notarized letters from friends that had spent time with us while we were together, more pics and letters of intent to marry. I wouldn't start over again I would definitely appeal. I know what you're going thru, being denied is very upsetting. It took us a couple of days to recover and get it together to get everything sent off but it all worked out for us and I'm sure it will for you too. Good luck!

This is excellent information to know that there are possibilities when things are dark...I know an RFE has been issued on my I 129-F and I'm pretty sure it's for the same reasons, although I sent gobs of info. Thank you for posting, and I'm glad you were able to resolve what you needed to get things happening.

[Inyakee 2]

And I do have a marriage certificate approved by the Canada and lawyers permit to get marriage. Is this enough to prove them that I met my fiance for the past two years?