Jump to content
Sign in to follow this  
KaynPhil

Don't know what to do

46 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Jamaica
Timeline

Hello,

My fiancé’s visa was recently refused which I have found out is the same as denied but a nicer way to put it. Now it's being sent back to USCIS.

I called USCIS, it will take 120 days to process. If they feel the evidence is substantial they will send it back to the embassy. In 120 days my petition will be expired so they will probably just send me something telling me that it expired and to file again.

I’m going to Jamaica in August and I plan on getting married to my fiancé would that be ok or do I have to wait until USCIS sends me some type of notice about the I-129f that I filed previously.

I also wanted to know if there is a cutoff date for filing the I-130?

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Hello,

My fiancé’s visa was recently refused which I have found out is the same as denied but a nicer way to put it. Now it's being sent back to USCIS.

I called USCIS, it will take 120 days to process. If they feel the evidence is substantial they will send it back to the embassy. In 120 days my petition will be expired so they will probably just send me something telling me that it expired and to file again.

I’m going to Jamaica in August and I plan on getting married to my fiancé would that be ok or do I have to wait until USCIS sends me some type of notice about the I-129f that I filed previously.

I also wanted to know if there is a cutoff date for filing the I-130?

You should find out why they denied you in the first place so that you can be sure that isnt an issue the next application. I'm not sure about the question of waiting etc but i do know if you dont know the reason then you may still be denied the next time due to the same thing if you dont figure out how to correct it.


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: New Zealand
Timeline

Did they say at the interview that there was insufficient evidence of the relationship?


Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: New Zealand
Timeline

We were told the denial was due to lack of evidence. We should know a more in depth reason by next week.

Oh, ok... did they give you the opportunity to supply more evidence of the ongoing relationship?

Otherwise I think you need to wait until next week as there may be a possibility of doing that. You wont know until you find out more from them.


Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Ok...just whatever you do then for the next application bcos idk if you can appeal a k1....make sure you have evidence that is undeniable...chats, emails, gift receipts, cards, pictures...I even had emails from my father in law where he and i emailed back and forth ...EVERYTHING you can think of save and save and save..... good luck maybe you will know the exact reason next week


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Ethiopia
Timeline

We were told the denial was due to lack of evidence. We should know a more in depth reason by next week.

Knowing why your fiancé denied the visa is the best thing to do now. Contact your Senators or Representatives and they can easily find the reason. That is what I did. The embassy told me that they sent the petition to the USCIS in a week time after they denied the visa, but it took seven weeks to get to NVC and another 3 weeks to USCIS. When I called the USCIS, they told me the review could take up to 120 days. Finally, after 10 days of the validation date surpassed, I got a text message to inform ma about the status update. When I checked the online status, it talks about undelivered mail and if I don’t contact the USCIS in 120 days, the mail will be destroyed. I called them and send me the same letter again. It says that the validation date for the petition is expired and USCIS will not review it. They told me to file another one and I filed it last March and approved June 17.

It is better to know why the visa denied, so that you can fix the problem for the next one. And also it is good to have the letter from the USCIS. Let them tell you what to do next. There are a lot of things that they can tell you. Request for more evidence, or they might give you a chance to appeal. My fiancée interviewed on Sep 7, the petition expired on Nov 20 and finally USCIS closed the case on Jan 21, 2011. It took me almost 5 months. I wish you good luck on this very exhausting journey. It is not fun, you tighten your belt.

GOOD LUCK


K-1 Time Line

Service Center:_California Service Center

Consulate: _Frankfurt, Germany

I-129F Sent: _2011-03-20

I-129F NOA1:_ 2011-03-30

I-129F NOA2:_2011-06-18

NVC Received: _2011-07-19

NVC Left:_2011-07-20

Consulate Received:_2011-07-25

Packet 3 Received: _2011-07-28

Packet 3 Sent: _2011-07-29

Packet 4 Received:_ 2011-08-09

Interview Date: _ 2011-08-24

Interview Result:_ Approved(After 3 weeks AP)

Visa Received:_2011-09-21

US Entry:_@ JFK 2011-11-16

Marriage: _2011-12-20

AOS, EAD, AP

Date Filed: _2012-02-07

NOA Date: _2012-02-13

Bio. Appt. Notice recieved_2012-02-17

Bio. Appt.:2012-03-12@ 8:00 AM in Columbus OH

Bio Done:2012-03-05 WALK IN- Columbus OH

State ID: 2012-03-05

DL Permit: 2012-03-08

AOS Transfer: 2012-03-14

AOS Touched @ USCIS: 2012-03-21

EAD/AP Approved & Card Producton: 2012-04-03

EAD/AP on Hand:2012-04-11

AOS_RFE: 2012-09-28

RFE Sent: 2012-11-09

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Jamaica
Timeline

Knowing why your fiancé denied the visa is the best thing to do now. Contact your Senators or Representatives and they can easily find the reason. That is what I did. The embassy told me that they sent the petition to the USCIS in a week time after they denied the visa, but it took seven weeks to get to NVC and another 3 weeks to USCIS. When I called the USCIS, they told me the review could take up to 120 days. Finally, after 10 days of the validation date surpassed, I got a text message to inform ma about the status update. When I checked the online status, it talks about undelivered mail and if I don’t contact the USCIS in 120 days, the mail will be destroyed. I called them and send me the same letter again. It says that the validation date for the petition is expired and USCIS will not review it. They told me to file another one and I filed it last March and approved June 17.

It is better to know why the visa denied, so that you can fix the problem for the next one. And also it is good to have the letter from the USCIS. Let them tell you what to do next. There are a lot of things that they can tell you. Request for more evidence, or they might give you a chance to appeal. My fiancée interviewed on Sep 7, the petition expired on Nov 20 and finally USCIS closed the case on Jan 21, 2011. It took me almost 5 months. I wish you good luck on this very exhausting journey. It is not fun, you tighten your belt.

GOOD LUCK

Even though you petition was expired they still approved you the second time around.

I contacted my congressman and he told me that he can't just make a call and get answers to everything. He was a big help to me but not as big as I would have liked. I guess I should contact the senator now. My petition will expire 7/28 so I would like to be notified of something before then.

Share this post


Link to post
Share on other sites

Knowing why your fiancé denied the visa is the best thing to do now. Contact your Senators or Representatives and they can easily find the reason. That is what I did. The embassy told me that they sent the petition to the USCIS in a week time after they denied the visa, but it took seven weeks to get to NVC and another 3 weeks to USCIS. When I called the USCIS, they told me the review could take up to 120 days. Finally, after 10 days of the validation date surpassed, I got a text message to inform ma about the status update. When I checked the online status, it talks about undelivered mail and if I don’t contact the USCIS in 120 days, the mail will be destroyed. I called them and send me the same letter again. It says that the validation date for the petition is expired and USCIS will not review it. They told me to file another one and I filed it last March and approved June 17.

It is better to know why the visa denied, so that you can fix the problem for the next one. And also it is good to have the letter from the USCIS. Let them tell you what to do next. There are a lot of things that they can tell you. Request for more evidence, or they might give you a chance to appeal. My fiancée interviewed on Sep 7, the petition expired on Nov 20 and finally USCIS closed the case on Jan 21, 2011. It took me almost 5 months. I wish you good luck on this very exhausting journey. It is not fun, you tighten your belt.

GOOD LUCK

I am not trying to take over the post here, but what you said really scares me about my application. Mine was sent back from the NVC to be reviewed. I got the standard 120 days review, but that turns into 180 days. After contacting my local US Rep. office, they found out that it was sent back due to a box not being checked about being arrested etc. etc.. This was my fault and USCIS for not catching it and sending a RFE. Keep in mind, both of us have never been arrested and have clean records. The Rest of the application is good and front loaded with lots of evidence. Now the days, weeks, and months are going by and nothing is coming out of USCIS VSC. AFter talking to a few people that I meet on here, that the "Review" can turn into a black hole. Like you said some people have to refile the application. I am really worried that I may have to do that, but I am wasting a lot of time waiting for a RFE to ammend the application. Should I cancel the currenct application and refile or just wait. If I wait for the 180 days, I will be at the 11 month mark. By the way, I actually talked to a Tier 2 officer. I asked when they expected to look at my case, He told me that USCIS does not have to do anything and it could take years. Lets just say, I wont ever ever call the so called customer support number again. lol.

Share this post


Link to post
Share on other sites
Filed: Timeline

Even though you petition was expired they still approved you the second time around.

I contacted my congressman and he told me that he can't just make a call and get answers to everything. He was a big help to me but not as big as I would have liked. I guess I should contact the senator now. My petition will expire 7/28 so I would like to be notified of something before then.

Kay you needs to find out why the visa was denied, getting married is not the fix it all solution. There are married petitions that are being denied out of Jamaica as well. Two such couples just this month has posted they were denied visas.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Jamaica
Timeline

I am not trying to take over the post here, but what you said really scares me about my application. Mine was sent back from the NVC to be reviewed. I got the standard 120 days review, but that turns into 180 days. After contacting my local US Rep. office, they found out that it was sent back due to a box not being checked about being arrested etc. etc.. This was my fault and USCIS for not catching it and sending a RFE. Keep in mind, both of us have never been arrested and have clean records. The Rest of the application is good and front loaded with lots of evidence. Now the days, weeks, and months are going by and nothing is coming out of USCIS VSC. AFter talking to a few people that I meet on here, that the "Review" can turn into a black hole. Like you said some people have to refile the application. I am really worried that I may have to do that, but I am wasting a lot of time waiting for a RFE to ammend the application. Should I cancel the currenct application and refile or just wait. If I wait for the 180 days, I will be at the 11 month mark. By the way, I actually talked to a Tier 2 officer. I asked when they expected to look at my case, He told me that USCIS does not have to do anything and it could take years. Lets just say, I wont ever ever call the so called customer support number again. lol.

This is exactly what I DON’T want to go through. Why wait so long for a response to tell you to re-file that is ridiculous.

I spoke to a tier 2 officer also I asked him if my petition arrived early and was reviewed before 120days would I be notified and he told me that he knows for sure it will take 120 days. So I should just wait. When I told him the expiration date all he said was sorry for any inconvenience this may have caused you.

Share this post


Link to post
Share on other sites
Filed: Timeline

Kay you needs to find out why the visa was denied, getting married is not the fix it all solution. There are married petitions that are being denied out of Jamaica as well. Two such couples just this month has posted they were denied visas.

Here is the latest post just this week. http://www.visajourney.com/forums/topic/316994-k3-visa/

Share this post


Link to post
Share on other sites
Filed: Timeline

Ok thank you for the advice I will look into and and have him go back to the embassy and ask them for a reason for denial.

Kay, he won't be able to go back to the embassy, but you can use the email I gave you to request more information. If they have not responded from your 1st email request, then send it again, and put 4th request in the topic.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...