K1 FIANCE VISA DENIED - now what appeal or k3 visa?? responder en español tambien

[thelastpetitioner 218]

OP note that you dont have to send pictures,you need to provide evidence of having MET in person,like passport and such,and that could be the reason for it,dont panic,you still have the option of refiling for a k-1,keep your options open

[YuAndDan 153]

Moving to forum dealing with denials...

[Aztec&Taino 144]

I forgot im from Ecuador and he is from US, but he live in Germany. We have to live in the states because he works in the Air Force and he cant quit because he has being in the military for 15 years so we decide I should be the one moving first, then maybe when he is retired we can think of moving to Ecaudor.

Other problem is that getting married in Ecuador is imposible because there is a law of 75 days, he should be in Ecuado for that period of time before we get married wich is impossible. So we dont know if we should appeal or get married in germany and apply for a spouse visa.

Could you not meet in a third country where this "live in the country for 75 days" law doesn'e exist? You know, a country where you could get married and you could both travel to? The advantage of the CR-1 visa is that is less expensive than the K1 visa and the beneficiary can legally work in the US immediately.

If the US petitioner did not send the supporting documentation with the original fiance visa petition, it is clear that the USC either has to commit to reading and learning about the process or learn to follow instructions better, or must hire a lawyer to complete the forms and ensure the completeness of the petition.

[Deputy Purple 1,294]

My fiancee is from US as someone said and he is stationed in Germany, Im from Ecuador but we are both in Germany , I have a turist visa here I just come every 3 months and stay couple of months and go back.

I will like to add that if we would be living here it would be so much easier. They are very helpfull, BUT they are sending him back to the states in August.

I will ask the legal department how can they help us to make the right desicition this week.

In this point we thought about geting married here in Germany and apply for a spouse visa.

If I was in that situation I'd look into marrying in Germany and him filing DCF (Direct Consular Filing) requesting an expedite due to redeployment.

[Aztec&Taino 144]

A denied tourist visa will have no effect on a fiancee or spousal visa.

This issue is very country specific. For example, at the Santo Domingo, D.R. embassy often the explanation of a denial is a perceived immigration intent; the consul denies the visa petition because he/she thinks the beneficiary only wants to be able to live in the US and has no real relationship with the petitioner. This conclusion is reached at often as a result of previous visa applications or issuances (tourist, J-1, etc.) What the OP should do is read through the posts specific to beneficiaries who interviewed in Guayaquil, Ecuador and see the particulars of the process when interviewing there.

[GeoffandAnna 19]

Hello, thank you for the advice. The problem is that I dont live here in Germany My status is tourist so I think that if we get married here we will need to process a spouse visa in Ecuador anyway. The think of Ecuador and I guess thats why most people apply for a fiance visa is because there is a new law that says that. " the foreign has to be 75 days and stay until the day of the wedding" THAT is impossible. So if we get married HERE in germany Is just to have a legal certificate BUT we will still have to apply for a spouse visa anyway, since im not a resident in Germany.

I think we might RE FILE the K1 and start over again, Lots of people say is better than appealing.

I will wait until the formal letter of the denied application and arriave and ask for advice again

I want to thank all of you for your time and for posting here. Im really really thankfull.

I believe that the DCF is based on physical location, not what your status with the Germans is. Your legal office or the consulate itself could answer that for sure.

[Deputy Purple 1,294]

I believe that the DCF is based on physical location, not what your status with the Germans is. Your legal office or the consulate itself could answer that for sure.

Consulate Interview is based on physical location, DCF eligibility is based on the current legal residence of the USC Sponsor.

[celinayfran 2]

Parece que ustedes deberían haber investigado más el proceso y fueron mal informados encima. Hay muchos recursos en el Internet como Visa Journey y los de http://uscis.gov/ y de la embajada EEUU en tu país. Mucha información está disponible en español tambián. Hay que averiguar cada detalle. Es un proceso complicado y es muy importante que ustedes sigan las instrucciones exactas y manden TODO los documentos requiridos. La k-1 guia que te mandó marrocogirlny, y todas las guias que se encuentran aca son muy útiles.

Estoy de acuerdo con los otros usarios que les conviene tramitar el K1 de nuevo o que se casen el alemania (o en EEUU pero tendrías que volver a tu pais para seguir con el proceso)q tramiten el CR1/NR1 Visa. El guia es un buen comienzo!

Suerte con todo!

Seems like you didnt research well the process and were misinformed as well. There are alot of resources available on the Internet like VJ, uscis.goc and the Embassy in your country. Alot of information is available in Spanish as well. You have to check every detail. Its a compliccated process and its very important that you guys follow the exact instructions and send ALL the required documents. The k1 guide that moroocogirlny sent you, and all the guides here are very useful.

I agree with the other users in that refiling the k1 or marrying in Germany (or the states but you have to go back to your country and wait our the visa process) and file for a CR1/NR1. The guide is a great start!

Good luck!

[Kathryn41 3,205]

Thread moved from Waivers and Administrative Processing Forum to K-1 forum as this denial does not appear to be for I-601/I-212 or 221g purposes.