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DENIED . . . ?

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Filed: AOS (pnd) Country: Bolivia
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Well, I apologize for using such an abrasive topic title :wacko: .

The reason for this post is to see if there is a spot on this site that discusses individuals that have been denied a K1. I am not a pessimist in any way, I just want to hear of any possible hurdles that I can better prepare for in the five month wait we have before that NOA2 comes about. I see so many wonderful stories of "Appoved" on here and that makes me jump for joy. So my question is: how rare is it that someone is actually denied and what could possibly cause it?

Anyone?

Thank you,

Brian

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Filed: Timeline

Well, I apologize for using such an abrasive topic title :wacko: .

The reason for this post is to see if there is a spot on this site that discusses individuals that have been denied a K1. I am not a pessimist in any way, I just want to hear of any possible hurdles that I can better prepare for in the five month wait we have before that NOA2 comes about. I see so many wonderful stories of "Appoved" on here and that makes me jump for joy. So my question is: how rare is it that someone is actually denied and what could possibly cause it?

Anyone?

Thank you,

Brian

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Filed: AOS (apr) Country: Nigeria
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Hello and welcome back!

I would say the number one reason is lack of evidence even though many claim they had plenty but the officer refuses to look at them. The officer may have also felt that the relationship was not genuine. Provide enough evidence of an ongoing relationship and remain confident. While we waited on our NOA2 we practiced interview questions, not like everyday since we still had a ways to go. And we gathered other necessary papers we needed for our interview.

I'm sure more are denied than we hear about. But like you mentioned most of them are approved (on VJ).

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Filed: AOS (apr) Country: Kenya
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Happens all the tome at certain high fraud countries.

Lack of evidence of a real relationship is the usual reason.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Canada
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Topic title edited to be a little less disturbing and more accurate for the contents of this thread :) .

~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off now:

Reasons for denial include: Petitioner not being eligible to sponsor fiance/e (ie not a US citizen, not free to marry, too close a family relationship, etc. ); Petitioner and Beneficiary not having met within the last 2 years - or not being able to prove it; Petitioner and Beneficiary suspected of a fraudulent relationship entered into only for immigration purposes; Beneficiary has a criminal record or moral turpitude issues (eg prostitution, drug abuse, belongs to terrorist or other types of suspect organizations, etc.); Beneficiary has serious health issue that poses risk to US citizens and cannot be resolved; Petitioner fails to meet the necessary income requirements for the Affidavit of Support (may be allowed to overcome with co-sponsor but is Consulate specific); Beneficiary has been banned from the US for previous immigration violations (ban may be temporary or permanent and can sometimes be overcome with special waivers); beneficiary misrepresents or lies about a crucial bit of information that if known, could impact the decision (ie failing to disclose a previous arrest, etc.); Beneficiary not eligible to marry (ie. still married and not divorced/annulled); couple fails to satisfy cultural/societal requirements/patterns of the foreign country for marriage eligibility . . there may be more (probably are) but these are the ones that come to mind.

The usual reasons are that the couple has failed to meet in person within the last 2 years - or are unable to prove it - and the Consulate suspects the relationship may be fraudulent and entered into only to gain immigration benefits. Most of the posters on Visa Journey find this site early enough in their process that they are able to take advantage of the members' knowledge and prepare their petitions in such a way as to address these issues. Even still, some in the higher fraud countries still run into road blocks.

Good luck to you.

Edited by Kathryn41

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Well having my application approved and then sent back for "futher review" by the DOS, I can say that I am scared to death of being denied also. I can say that all the evidence and all the factors listed in the prior replys are not present in my case. Always be prepared for road blocks in this process. I really thought it was going to be easy for me since there is simply no reason for being denied, but I am siting here waiting for another four months with no word on the application after intial approval. If I had known what I know now, I would have had an attorny file my case. I think it would have added and looked better. Now, I am looking to hire one just in case.

My advice is to be prepared for anything. They do not need much or any reason to hold up or simply denied your application. I know that this is supposed to be rare but here I am.

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Filed: Citizen (apr) Country: Ecuador
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I just went to the link atop every VJ page (Embassy Info) and read about Bolivia. The embassy "reviews" are one click away from the Info page. Although there are few accounts, it appears that your embassy is comparatively easy, all else being equal. When you get closer to the interview stage, you might wish to contact whoever has recently interviewed to get the details about what happened and how they were treated, si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Yes, your post was a little abrasive, but I like the question. When you see especially senior members answer such questions, it has the ability to put those that are genuinely sincere in their process a bit more at ease. I dare say that all of us have looked at this procedure like we are looking down the barrel of a gun. The overall path to any visa is tedious and packed with mounds of anxiety to say the least. I must take a moment to pause and compliment one of the senior members in this post, the “zookeeper.” It has been my privilege to witness many of the post placed by the “zookeeper, and of the ones I have read, they are sincere, accurate, intelligent, and seem to be well constructed with a great deal of caring. Having researched this subject myself in some depth, assuming you meet the entire criterion for the medical test, back ground investigation, and you do not fail to disclose pertinent information and/or all have filed all documents correctly, the visa pursuit should end up in a successful endeavor. On many occasions I have heard the cliché, “perception is reality.” One of the main pieces of advice I could give others is to make certain your K-1 packet/AOS is well organized, partitioned correctly for an easy discovery, and contains evidence that has substance! In other words, don’t just cram it full of emails and screen prints of web messenger shots. Show proof of trips taken together in their country, send verification of postal mail that has been officially stamped from both countries (this should show a personal touch), send verifiable (easy to read) phone logs, and display pictures seen with your fiancée and various family members, situated in different occasions. Another very important factor is for you to know each other! Chances are you will breeze through most interviews if this route is taken. However, the scenario could be that you lack all these things mentioned above, and, your fiancée cannot answer basic questions at the interview, which might end up in disaster. Never under estimate the medical. Especially, in high risk countries where the health standards are lacking too many candidates get caught up in medical hold. If both of your hearts are sincerely in love, combined with due diligence and faith, there should be no reason for failure. My fiancée then and I, wife now, concentrated on the positives! We enjoyed many Web and phone sessions as though we were pretending she was just out of town for a while. (Smile) Stay the course, learn how to endure the time constraints, and chances are you will prevail with minimal adversity.

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Filed: Other Country: China
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Topic title edited to be a little less disturbing and more accurate for the contents of this thread :) .

~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off now:

Reasons for denial include: Petitioner not being eligible to sponsor fiance/e (ie not a US citizen, not free to marry, too close a family relationship, etc. ); Petitioner and Beneficiary not having met within the last 2 years - or not being able to prove it; Petitioner and Beneficiary suspected of a fraudulent relationship entered into only for immigration purposes; Beneficiary has a criminal record or moral turpitude issues (eg prostitution, drug abuse, belongs to terrorist or other types of suspect organizations, etc.); Beneficiary has serious health issue that poses risk to US citizens and cannot be resolved; Petitioner fails to meet the necessary income requirements for the Affidavit of Support (may be allowed to overcome with co-sponsor but is Consulate specific); Beneficiary has been banned from the US for previous immigration violations (ban may be temporary or permanent and can sometimes be overcome with special waivers); beneficiary misrepresents or lies about a crucial bit of information that if known, could impact the decision (ie failing to disclose a previous arrest, etc.); Beneficiary not eligible to marry (ie. still married and not divorced/annulled); couple fails to satisfy cultural/societal requirements/patterns of the foreign country for marriage eligibility . . there may be more (probably are) but these are the ones that come to mind.

The usual reasons are that the couple has failed to meet in person within the last 2 years - or are unable to prove it - and the Consulate suspects the relationship may be fraudulent and entered into only to gain immigration benefits. Most of the posters on Visa Journey find this site early enough in their process that they are able to take advantage of the members' knowledge and prepare their petitions in such a way as to address these issues. Even still, some in the higher fraud countries still run into road blocks.

Good luck to you.

Kathryn has mixed petition denial reasons with visa denial reasons. Failure to provide evidence of meeting within two years is a reason to deny a petition.

I would also comment that while petition denials are rare, except for those who haven't met within two years, (There are an amazing number of those.) the notion that visa denials are "rare" is just silly. Even so, it's best not to dwell on probabilities. Instead, be aware of any red flags in your own relationship and case and deal with them appropriately. Then, be well prepared for the interview.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: IR-1/CR-1 Visa Country: India
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Well, I apologize for using such an abrasive topic title :wacko: .

The reason for this post is to see if there is a spot on this site that discusses individuals that have been denied a K1. I am not a pessimist in any way, I just want to hear of any possible hurdles that I can better prepare for in the five month wait we have before that NOA2 comes about. I see so many wonderful stories of "Appoved" on here and that makes me jump for joy. So my question is: how rare is it that someone is actually denied and what could possibly cause it?

Anyone?

Thank you,

Brian

This can be based on case to case bases, so there cannot be a generic reason why K1 was denied.

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Filed: AOS (apr) Country: Philippines
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All the Posts above are indicators of Denial. And good reason and advice.

The USA is in a 3 year Economy Recession and many Members (Like Me) Have questions of Meeting Income Requirements. There are so many Posts about that.

Alot of the Posts ask about a Co-sponsor, alot ask about anything and everything of meeting the Poverty Guildlines for this year, (currant income) to the last 3 years of wages.

All the above advice is right-on-the-money. Consulates from any Country will look more carefully into the Petitioners Income when attempting immigration into the US.

Just my opinion.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: Citizen (apr) Country: Ukraine
Timeline

Be complete and be truthful and have evidence that supports that. I have seen and heard they are pretty good at uncovering fraud.

July 2, 2010 Elya and Ken Married in Dnepropetrovsk, Ukraine
July 14, 2011 - Point of Entry Chicago. Arrived safely. Hurah
April 11, 2013 CSC Filed I-751

August 8, Pending Oath

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Well, I apologize for using such an abrasive topic title :wacko: .

The reason for this post is to see if there is a spot on this site that discusses individuals that have been denied a K1. I am not a pessimist in any way, I just want to hear of any possible hurdles that I can better prepare for in the five month wait we have before that NOA2 comes about. I see so many wonderful stories of "Appoved" on here and that makes me jump for joy. So my question is: how rare is it that someone is actually denied and what could possibly cause it?

Anyone?

Thank you,

Brian

Denials of petitions are rare, what is much more common is visa denials (meaning a denial at the time of the interview). Try not to worry about what will come, otherwise you will drive yourself crazy with doubt!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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Filed: AOS (apr) Country: Philippines
Timeline

Well, I apologize for using such an abrasive topic title :wacko: .

The reason for this post is to see if there is a spot on this site that discusses individuals that have been denied a K1. I am not a pessimist in any way, I just want to hear of any possible hurdles that I can better prepare for in the five month wait we have before that NOA2 comes about. I see so many wonderful stories of "Appoved" on here and that makes me jump for joy. So my question is: how rare is it that someone is actually denied and what could possibly cause it?

Anyone?

Thank you,

Brian

Your Question is really 2 Topics now looking at it Further.

The First question is: Will I be "possibly" denied a K-1. WELL, thats the Visa. That is later after NOA2, after interview, etc.. etc.

The Second Question is : Waiting on the NOA2 and worrying about a Denial, RFE. Whatever.

You combined 2 separate important questions into one paragragh and I admit, I got alittle confused myself.

If the 129-F was submitted properly with everything required you should be fine. (Question 2) NOA1 & NOA2

The K-1. Thats the Visa Approval. (Question 1)

Just Clarification

Good Luck

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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