FIANCE VISA DENIED

[~Johnny~ 27]

Could you be a little more specific? What do you mean your "fiance was sponsor of ex girlfriend, which is now illegal"? Your fiance is the US citizen petitioner? What exactly happened with the previous petition? What do you mean "she just used him"?

What exactly was denied, and by whom? Was it the petition? Was it the visa? Was it denied by USCIS? Was it denied by the consulate? NVC doesn't usually deny anything unless something nasty came up in a background check.

Unless we know exactly why it was denied then we can't tell you what steps (if any) you can take to address it.

I'm with Jim on this, we don't have enough information to determine what happened here. If the petitioner sponsored a previous K1 and that relationship didn't work out, then he should have notified ICE or USCIS that he was not intending to marry that individual and moved on with his life. If she stayed or left the country is not his problem any longer, it now becomes a USICS problem with her status. I know there other experts here who have a better answer on the 134, but as I understand, from my previous experience with ICE, the I-134 is not a document that is enforceable as far as a fiancial sponsorship document like the I-865. The 134 is used to determine whether or not the petitioner can adquately provide for the beneficiary and that the beneficiary will not become a public charge on the US system. The I-134 is not even a signatured document.

A 2nd K1 even 3rd K1 for the same Petitioner is not an issue with USICS (unless there's a VAWA in the file) and usually is not decided at the NVC level. A waiver can be requested during the initial K1 Petition process for additional K1 sponsorship if the petitioner had previously sponsored a K1 within two previous prior to applying for another one. It may have been that the background check at NVC turned up a previous sponsorship, however that should have also been discovered during the initial petition process at USCIS. Again, we don't have specifics, so this all is just speculation.

If there was reason for a denial at the NVC level, then it is likely something that popped up during the FBI Name Check or the other background checks that are done at NVC. And still, it is rare for a denial at NVC level, usually you get Additional Processing for issues in the background check. Something is missing here.

[isis12 0]

Never heard of NVC denying a visa. That happens at Consulates.

What did the denial notice say, exactly?

they call my fiance and told him,they wont give us a visa,cuz he was sponsor already

by the way ,he was for extended a tourist visa for her ex girfriend

they said we have to apeal or reply

thanks

[isis12 0]

Could you be a little more specific? What do you mean your "fiance was sponsor of ex girlfriend, which is now illegal"? Your fiance is the US citizen petitioner? What exactly happened with the previous petition? What do you mean "she just used him"?

What exactly was denied, and by whom? Was it the petition? Was it the visa? Was it denied by USCIS? Was it denied by the consulate? NVC doesn't usually deny anything unless something nasty came up in a background check.

Unless we know exactly why it was denied then we can't tell you what steps (if any) you can take to address it.

R;

thanks for you help,my fiance is the american citizen!! he was sponsor for her ex when she was like a tourist and she need get extended her time in USA,but she never back to her country so is ilegal

thanks that, no visa!! they told us we have to apeal,or reply

[isis12 0]

I'm with Jim on this, we don't have enough information to determine what happened here. If the petitioner sponsored a previous K1 and that relationship didn't work out, then he should have notified ICE or USCIS that he was not intending to marry that individual and moved on with his life. If she stayed or left the country is not his problem any longer, it now becomes a USICS problem with her status. I know there other experts here who have a better answer on the 134, but as I understand, from my previous experience with ICE, the I-134 is not a document that is enforceable as far as a fiancial sponsorship document like the I-865. The 134 is used to determine whether or not the petitioner can adquately provide for the beneficiary and that the beneficiary will not become a public charge on the US system. The I-134 is not even a signatured document.

A 2nd K1 even 3rd K1 for the same Petitioner is not an issue with USICS (unless there's a VAWA in the file) and usually is not decided at the NVC level. A waiver can be requested during the initial K1 Petition process for additional K1 sponsorship if the petitioner had previously sponsored a K1 within two previous prior to applying for another one. It may have been that the background check at NVC turned up a previous sponsorship, however that should have also been discovered during the initial petition process at USCIS. Again, we don't have specifics, so this all is just speculation.

If there was reason for a denial at the NVC level, then it is likely something that popped up during the FBI Name Check or the other background checks that are done at NVC. And still, it is rare for a denial at NVC level, usually you get Additional Processing for issues in the background check. Something is missing here.

R: my fiance was sponsor ,becuase her ex,was with a tourist visa!!! so she need it extended her time in USA

after that she never back to her country

all this happen at 2007

my fiance has not bad records or things like that,

thanks very much

[Shahsu 1]

oh im soo sorry for the sad news. yes get a lawyer and see what your next option should be

[isis12 0]

Sorry to hear your story... You should really

Get the advice of a lawyer. Have you consider

The possibility to get married in your country?

Sometimes its just a straight shut, than K1.

And know it takes the same time to get accepted!

R: thanks for your time,well this wenesday he will see a lawyer,because the ncv told us we have to get

and make the apeal

is really disapoint cuz we have been in this process for 1,year and 4 months!!!!! and they took almost a year for tell us they wont give us the visa !!! is not my fiance,s fult, his ex girlfriend just wanted used him for extend her tourist visa!!!is not fair,we are inlove and is hard to be far away

about getting married here in Honduras!! is the last opcion becuase here takes like 1,year and half

the ncv also said if we reply again the k1 we wont pay again( i least )

muchas gracias

[Penguin_ie 5,984]

Have you gotten anything in writing yet?

The NVC doesn't normally call people to tell them they are denied... something is odd here.

[Deputy Purple 1,294]

Since when do tourist visas require a USC sponsor?

[katiemanny 64]

NVC took almost 1 year and 4 months to tell they wont give a visa, why did your fiance waited that long to inquire about the case? tell your fiance if he could join VJ and explain in better details since you're confusing everyone.

[~Johnny~ 27]

Since when do tourist visas require a USC sponsor?

Good point. I think something major is missing in this story.

[US_SL 2]

Have you gotten anything in writing yet?

The NVC doesn't normally call people to tell them they are denied... something is odd here.

Yes indeed...something is very fishy...NVC has nothing to do with extending tourist visa. It's just some supports we need to send to USCIS with a copy of the I-94.

It never takes over a year for this visa...i got teh feeling that USC in this case is hiding something from the OP...

[polar1979 4]

I think your fiance lied to you, if his ex-girlfriend had a tourist visa, then he has nothing to do with her status. No one can sponsor someone to extend their tourist visa. There is no such thing like that, unless you misinterpreted the information your fiance gave you.

Edited February 26, 2011 by polar1979

[polar1979 4]

I think your fiance lied to you, if his ex-girlfriend had a tourist visa, then he has nothing to do with her status. No one can sponsor someone to extend their tourist visa. There is no such thing like that, unless you misinterpreted the information your fiance gave you.

I'm sorry i shouldn't have said something like that since you haven't provided us enough information here to make a judgement of anything, I withdraw what I said above, let's say you have your fiance registered here and come give us information in detail so we can asssit you guys in the right way ok? Peace!

Edited February 26, 2011 by polar1979

[pushbrk 12,083]

I'm sorry i shouldn't have said something like that since you haven't provided us enough information here to make a judgement of anything, I withdraw what I said above, let's say you have your fiance registered here and come give us information in detail so we can asssit you guys in the right way ok? Peace!

Clearly, we do not have accurate and complete information. Why may or may not be important.

[JimVaPhuong 4,863]

Ok, the story is beginning to trickle out slowly.

So, his girlfriend was in the US with a visitor's visa. She wanted to extend her stay so she filed an I-539 with USCIS (not NVC). She didn't have any financial means to satisfy the public charge requirement on her own, so he submitted an I-134 affidavit of support on her behalf. Is this basically what happened?

Ok, the I-134 isn't legally binding. It doesn't matter if she overstayed. They can't hold him financially or legally responsible for this. He does not become ineligible to file a petition just because someone he previously filed an I-134 for has overstayed. Further, NVC doesn't have anything to say about this. It's up to USCIS to determine whether he's eligible to file a petition. If NVC has a problem with a petitioner's eligibility then they're supposed to send the petition back to USCIS for readjudication. There is definitely more going on here.

Why don't you ask your fiance to log into this forum and tell us what's going on. We're having a difficult time getting the information we need from you because of the language barrier.