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workaholic

what if your K-1 visa is denied

By workaholic in K-1 Fiance(e) Visa Process & Procedures

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Andie Experienced

Andie   147

Posted
Filed: K-1 Visa Country: New Zealand
 Timeline
Posted

Hello VJ'rs :

Just wanted to know what are the other options if a K-1 visa is denied... what can be done , and what are the options..?

God forbid if this happens, but i beleive one should be prepared on all ends...

It would depend on your circumstances and the reason for the denial.

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

Samantha78 Proficient

Samantha78   117

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

Hello VJ'rs :

Just wanted to know what are the other options if a K-1 visa is denied... what can be done , and what are the options..?

God forbid if this happens, but i beleive one should be prepared on all ends...

From what I've read, you can request a Consular review if you are denied at the interview stage as long as you request this very soon after the denial. I've also read about many people contacting their state representatives to intervene in the matter. It will take time, persistence, and patience....and be prepared for any outcome. If you are denied at the USCIS stage, you can appeal but it will cost a pretty penny. And again, time and patience are required.

Again, this is just from what ive read on here. But stay positive and be very accurate at every stage of the process. Only the strong and legitimate survive ;)

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

Love Eth Rising Star

Love Eth   14

Posted
Filed: AOS (pnd) Country: Ethiopia
 Timeline
Posted

Hello VJ'rs :

Just wanted to know what are the other options if a K-1 visa is denied... what can be done , and what are the options..?

God forbid if this happens, but i beleive one should be prepared on all ends...

My fiancee denied once and the second one is under review after the interview.

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

NigeriaorBust Grand Master

NigeriaorBust   4,088

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Many think that is a magic bullet to a denied fiance attempt but it isn't . You have to overcome whatever reason they denied you for. Being married actually raises the bar of proof instead of lowering ( married couples are expected to have more co mingled things that fiances )

This will not be over quickly. You will not enjoy this.

TBoneTX Grand Master

TBoneTX   48,415

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
contacting their state representatives to intervene in the matter.
Gentle clarification: your Congressional representative (Congressman).

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(!).

Samantha78 Proficient

Samantha78   117

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

Gentle clarification: your Congressional representative (Congressman).

Sorry :(. Thanks

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

Shenzhen Community Regular

Shenzhen   34

Posted
Filed: K-3 Visa Country: China
 Timeline
Posted

Hello VJ'rs :

Just wanted to know what are the other options if a K-1 visa is denied... what can be done , and what are the options..?

God forbid if this happens, but i beleive one should be prepared on all ends...

Get married and file a CR-1!

my other question is , if it doesnt work, then do u suggest to get married and then apply for a spouse visa??

Exactly

TBoneTX Grand Master

TBoneTX   48,415

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
Get married and file a CR-1!
Gentle clarification: This will work only if you overcome the reasons behind the K-1 refusal, if this is possible.

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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