K1 Visa ...timed out

[ozgurl 0]

Hello

I joined this site hoping someone can help us PLEASE. In 2007 we filed a k1 Visa and it was approved but unfortunately I could not proceed because of personal reasons......anyway we thought we could continue onwards from there and we were notified that it had timed out and we would have to reapply which we did. We waited 8 months to only find out it was denied and then we appealed and it was denied again...we are devastated and we dont know where to go from here .... Please help us

Ozgurl

[Inky 1,110]

Why was it denied? Cant really help any without knowing more details as to why it was denied when you reapplied and then got denied again when you tried to appeal it.

[ozgurl 0]

Why was it denied? Cant really help any without knowing more details as to why it was denied when you reapplied and then got denied again when you tried to appeal it.

[/quote

Hello thank you for responding Apparently it was denied because of "no relationship established" therefore my fiance sent necessary documents of photos passport stamps of arrival to Australia and explained why i didnt proceed the first time it was approved .....we are so sad about this please help

[gandacel 7]

wait a sec, i don't get it. you said that your 'fiance sent necessary documents of photos passport stamps of arrival to Australia and explained why u didnt proceed the first time it was approved.' so even after you sent proof of your relationship - which, from i understand, were the grounds for denying your visa after the appeal - you were still denied? if that's the case, then what was the reason? also, at which stage were you denied? are you talking about your petition, your visa...? if you could be more specific...

[ozgurl 0]

wait a sec, i don't get it. you said that your 'fiance sent necessary documents of photos passport stamps of arrival to Australia and explained why u didnt proceed the first time it was approved.' so even after you sent proof of your relationship - which, from i understand, were the grounds for denying your visa after the appeal - you were still denied? if that's the case, then what was the reason? also, at which stage were you denied? are you talking about your petition, your visa...? if you could be more specific...

We proceeded to have an appeal for the k1 visa to be approved ......we need to get the approval for k1 visa once approved then medical police report etc...

we dont get why we were denied cause we were originally approved which timed out since then apllication for k1 visa was denied and appeal was denied ...we have had 2 case numbers since July 2010

[Inky 1,110]

Sorry this just doesn't make sense.

1. USC sends the I-129F petition

2. USCIS approves I-129F petition

3. USCIS sends it to NVC

4. NVC sends it to US embassy in the other country

5. Beneficiary has medical collects police report and books interview

6. Beneficiary attends interview and gets or doesn't get the visa.

--- Did you go to an interview at the US embassy in Australia?

--- What do you mean you didn't proceed when you were first-time approved?

--- Do you have TWO active petitions going on at the same time in the same year?

--- USCIS approved the I-129F and then the US embassy denied the visa at the interview? Then they sent it back to the USCIS who sent you an appeal and they denied your appeal?

--- Why did they believe there was no relationship? What evidence of relationship did you send?

[ozgurl 0]

Sorry this just doesn't make sense.

1. USC sends the I-129F petition

2. USCIS approves I-129F petition

3. USCIS sends it to NVC

4. NVC sends it to US embassy in the other country

5. Beneficiary has medical collects police report and books interview

6. Beneficiary attends interview and gets or doesn't get the visa.

--- Did you go to an interview at the US embassy in Australia?

--- What do you mean you didn't proceed when you were first-time approved?

--- Do you have TWO active petitions going on at the same time in the same year?

--- USCIS approved the I-129F and then the US embassy denied the visa at the interview? Then they sent it back to the USCIS who sent you an appeal and they denied your appeal?

--- Why did they believe there was no relationship? What evidence of relationship did you send?

[ozgurl 0]

We did do medical and police report never had interview ......because i did do police report 2008 and did medical in 2010 we thought we could pick it up from there but they sent us a letter saying the K1 visa was timed out and we had to start partition all over again and it has been denied twice since.

We did do medical and police report never had interview ......because i did do police report 2008 and did medical in 2010 we thought we could pick it up from there but they sent us a letter saying the K1 visa was timed out and we had to start partition all over again and it has been denied twice since.

We have no idea where to go from here does anyone know what we should do now?

Also reason being why i didnt go ahead back them is because my daughter had a baby and needed me at the time

[EveJon 0]

We did do medical and police report never had interview ......because i did do police report 2008 and did medical in 2010 we thought we could pick it up from there but they sent us a letter saying the K1 visa was timed out and we had to start partition all over again and it has been denied twice since.

We have no idea where to go from here does anyone know what we should do now?

Also reason being why i didnt go ahead back them is because my daughter had a baby and needed me at the time

It seems to me that you K1 petition is expired already, because if the petition was approved on 2008, but you try to attend to interview on 2010, the case is timed out already...

[ozgurl 0]

yes thats right Eve but we did reapply for k1 visa adn that was denied and then we went for the appeal on the denial and that was denied as well. So since the tme out we have had two denials one for the K1 visa and the other was because we appealed against the decision of the denial .....and that was denied as well.

[Penguin_ie 5,985]

Just to clarify, you did get an interview first time, got approved and visa in passport, but didn't travel. Then in 2010, you started a completely new petition because the other visa expired. The new petition was denied (by whom- USCIS, consulate?) due to no bonafide relationship, you appealed, but the appeal got denied. Did I get that right?

What relationship evidence did you send? How often did your fiance visit you since the first K1? Sometimes getting married and applying for a CR-1 spousal visa can help, but we really need more details. A detailed timeline would help a lot...

Edited February 6, 2011 by Penguin_ie

[SuperDuper! 230]

yes thats right Eve but we did reapply for k1 visa adn that was denied and then we went for the appeal on the denial and that was denied as well. So since the tme out we have had two denials one for the K1 visa and the other was because we appealed against the decision of the denial .....and that was denied as well.

Sorry for your denial. Your case is one of the few where I recommend the "L" word. Lawyer.

Good LucK!

[pushbrk 12,106]

What has been denied, an I-129F petition or a visa application at interview? They are not the same thing and the OP seems to be interchanging "visa application" and "petition" with responding members doing the same. For us to help, we'll need to know the details using the correct descriptions of just what was filed, and what was denied and where.

[writers 1]

Oh boy, that's sad news... I'm sorry to hear that! The information about your denials are still not very clear to me either (just like with the previous replies).

Here's how I understand your case, please correct me if I'm wrong:

~ In 2008 - I129-F Petition was approved, but it timed out because you didn't go to the interview (no way this petition can be re-opened)

~ So, you had to file another petition in July 2010 - I129-F Petition was re-filed (for the second time, right?)

when did you get the notice that our second petition got denied by USCIS???

When did you file your appeal and how???

When was the appeal denied???

Your fiance in the US can contact his Senator to ask some help on your case.

He can also visit a local USCIS office in his state to ask for advise.

Another option is maybe for your fiance to marry you in Australia, make dozens of proof that the relationship is genuine, and file for an immediate relative visa petition instead of a fiance visa petition. The process will sure take a long time, but it's worth a try if all else fails...

[ozgurl 0]

We never had the interview thats when we found out the k1 visa was timed out ......we had to reapply for kvisa waited 8months for answer and that was denied "no bonified relationship then my partner"appealed the decision and sent photos and arrival stamps of passport of him visiting me i have also been over to USA once to stay with him .

We never had the interview thats when we found out the k1 visa was timed out ......we had to reapply for kvisa waited 8months for answer and that was denied "no bonified relationship then my partner"appealed the decision and sent photos and arrival stamps of passport of him visiting me i have also been over to USA once to stay with him .

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and that was denied the appeal