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Visisting US after application denied

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Filed: AOS (apr) Country: Australia
Timeline

The US citizen is petitioning for the foreign consulate to send a visa application to their beneficiary.

Gotcha, thanks for the clarification.

01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

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Filed: Citizen (apr) Country: Australia
Timeline

Based on what you wrote, the petition was denied, not the visa therefore the qn "ever denied a visa" is a no.

Your next question about whether it affects your ability to enter the US is a "maybe". When you arrive in the US and attempt to enter on the VWP they CAN see that you tried a fiancee petition and that it was denied. For that reason they may consider you to have immigrant intent and deny you entry to the US.

If I were you I would wait until the denial letter arrives so you know what the problem is.. if it's a simple fix then you could be back on track shortly. Otherwise you might need to re-petition. In the meantime it might be best for your USC to visit you... not the other way around.

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If the reason for your denial was that you didnt get the BC to them on time, then yes, you can re-apply for K-1 and this time make sure you read ALL the guide lines correctly.

If there was another reason, and its not super serious, then I would suggest flying out to meet your foreign spouse, get married and file for a CR-1. (You were going to have to get married with K-1 anyways). Then re-apply with an I-130 app. Again read all the guidelines, even the small print.

If its a horrendous reason that there is NO coming back from, make plans to move to fiances home country. Its most likely something small though, and easily overcome.

As for arriving on VWP or obtaining a B1/B2, it is highly doubtful, one quick run through their handy dandy big brother computers, would tell them that there was a petition for a K-1 that was denied, and your fiance would be denied at the POE.

Good luck, and I hope the denial reason is just a timing issue.

Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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Filed: K-1 Visa Country: Nicaragua
Timeline

Oh no krm... I'm so sorry you're going through this. I would be devastated too... my heart is going out to you. Explore options; you will be together. Love will prevail. In the meantime, be strategic. We will support you. *hug* (L)

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How do you not consider that a denial of a visa? You are applying for a visa, not applying for a petition. The 'petition approval/denial' stage is one step in the overall visa application. If you get denied at one step during that process, then the visa is denied.

1-129 = A fiance visa application

ergo

1-129 application denied = Fiance visa denied.

The visa application was for the beneficiary, if approved, she would receive it. So even though the petitioner filled for her, since the visa was to benefit the beneficiary, the denial is on her.

Huh!?!

The beneficiary never got to the point where she applied for a visa yet. The application for a visa in the K-1 process is the I-156/I-160, which has not been submitted nor denied. Nitpicky? Yes, but accurate. The I-129F is a "Petition for Alien Fiance(e)", it is NOT a "fiance visa application"

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

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Filed: K-3 Visa Country: Thailand
Timeline

Thank you all for the answers, I will post more as soon as the letter arrives, at the moment I just feel like my whole world fell apart and being so far away from each other on moments like this doesn't really make things easier.

Harsh with re-apply you mean start all over? But wouldn't the endresult be the same then?

Ning, if that would be the case, how do we get them to review the info?

Sent motion to reconsider along with copy of RFE & denial letter. Approved in two months. Convince them you sent back requested info. Non compliance with RFE results in denial letter. You have 60 days to comply.

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Filed: K-1 Visa Country: Philippines
Timeline

Did he send in phone records, emails, video call logs on Yahoo or Skype. and anything else that proves an ongoing relationship? I didn't see you mention that here.

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Filed: K-1 Visa Country: Ireland
Timeline

I can't see how not having phone or email records would lead to a denial. From what you posted, it's morethan likely the RFE wasn't complied with, but at this stage that's guessing. Do what was suggested, return a copy of the letter, etc with the evidence they require and make an attempt to salvage something before throwing in the towel. I've seen people here mention calling a political representative as well, which may also be worth a try. Call the USCIS and ask to speak to an official with some knowledge of the situation. To lose out on a minor technical issue would surely go against the spirit of the process, and seems overly harsh.

I can't wait to be home with my love.

event.png

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Did he send in phone records, emails, video call logs on Yahoo or Skype. and anything else that proves an ongoing relationship? I didn't see you mention that here.

This is not required at petition stage.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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

Thank you all for the answers, I will post more as soon as the letter arrives, at the moment I just feel like my whole world fell apart and being so far away from each other on moments like this doesn't really make things easier.

Harsh with re-apply you mean start all over? But wouldn't the endresult be the same then?

Ning, if that would be the case, how do we get them to review the info?

Only reason I said might have to re-apply is from the original post it sounded they had sent the document at different times and they were not sent togeather.

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Filed: K-1 Visa Country: Belgium
Timeline

The beneficiary and her petitioner need to find out what the denial was about first.

I agree it sounds like a case of not knowing how to properly file the petition. For one thing, there is no need for the beneficiary to produce her birth certificate at the petition stage. My guess is the initial RFE was not satisfied properly. Beneficiary and her petitioner can probably re-file a K1 AFTER they've learned more about the process.

Sorry I was not very clear in my original post, the birth certificate was from the petitioner and the copies of pasport were from the beneficiary

Oh no krm... I'm so sorry you're going through this. I would be devastated too... my heart is going out to you. Explore options; you will be together. Love will prevail. In the meantime, be strategic. We will support you. *hug* (L)

thank you very much it's nice to have support, we all need a lot of patience and strenght in this procedure and being apart from the person we love is never easy.

Hopefully the letter will arrive soon so we know more and can decide what to do.

Did he send in phone records, emails, video call logs on Yahoo or Skype. and anything else that proves an ongoing relationship? I didn't see you mention that here.

No we didn't sent any of that in yet because we thought that was for the interviewstage and is not requiered at this point

event.png

07/28 Filed I-129F

08/07 NAO1 received

12/30 RFE received

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R.J. HAS A BETTER UNDERSTANDING THAN MOST, ALSO HAS BETTER ANSWERS... :thumbs:

Awwwwwwwwww thank you John.

And congratulations on the baby!

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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