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Filed: K-1 Visa Country: Egypt
Timeline
Posted

Hi all, first of all I thank you for the information that you all have given to me. My question now is where I can find the information about the result of the denied Visa that we have applied in May. Fiancee had an interview and got denied in Cairo. I did not follow up on it as too disappointed about the result. I keep on waiting for them to send us the result of the interview but it had been 3 months now and no mail from them. Who I need to get a hold of to find this information. Thank you all.

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Hi all, first of all I thank you for the information that you all have given to me. My question now is where I can find the information about the result of the denied Visa that we have applied in May. Fiancee had an interview and got denied in Cairo. I did not follow up on it as too disappointed about the result. I keep on waiting for them to send us the result of the interview but it had been 3 months now and no mail from them. Who I need to get a hold of to find this information. Thank you all.

I thought you went to plan B- marry in Egypt. If the case was sent back to the US, I believe you should contact USCIS and check on it. I may be totally wrong, however.

Good luck.

Don't ever do anything you're not willing to explain the paramedics.

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

The petition is usually returned in the months following the denial. It usually doesn't take more than 3 months. You can check with NVC. When it is returned you will get snail mail from USCIS that they are going to review it and about half the time after 4 months they send you a second notice that it has expired and you are free to refile.

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

Filed: K-1 Visa Country: Egypt
Timeline
Posted (edited)

The petition is usually returned in the months following the denial. It usually doesn't take more than 3 months. You can check with NVC. When it is returned you will get snail mail from USCIS that they are going to review it and about half the time after 4 months they send you a second notice that it has expired and you are free to refile.

How long is the wait and do I have to find out why the Denial? Do I need to find the denial before I can refile again? Thanks

I thought you went to plan B- marry in Egypt. If the case was sent back to the US, I believe you should contact USCIS and check on it. I may be totally wrong, however.

Good luck.

That was the plan but due to work and $$$ I have to wait next year to be with him. He is being impatient and tired. I hope he can wait then.

Edited by Dahlia
Filed: K-1 Visa Country: Egypt
Timeline
Posted

How long is the wait and do I have to find out why the Denial? Do I need to find the denial before I can refile again? Thanks

That was the plan but due to work and $$$ I have to wait next year to be with him. He is being impatient and tired. I hope he can wait then.

I think it is important for you to visit him as soon as possible, especially if he is getting tired and impatient. I understand this may be very frustrating for both, but he must calm down.

You do need to wait the reasons for the denial before refiling. You-or your fiance- don't want to make the same mistakes again. Please take care of yourself. I must admit your situation got me a little concerned. I want you to succeed and be happy.

Don't ever do anything you're not willing to explain the paramedics.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

How long is the wait and do I have to find out why the Denial? Do I need to find the denial before I can refile again? Thanks

The petition will be returned to the service center that originally approved it. If it's the California Service Center then they will probably just allow the petition to expire without readjudicating it. If it's the Vermont Service Center then they will probably readjudicate it and either reaffirm the approval or send you a Notice Of Intend to Revoke. California Service Center sometimes sends you a notice that your petition has expired and that you're free to refile, and then sends a Notice Of Intent to Deny for the second petition you filed citing the reasons the consular officer denied the first visa. Unless you get a NOIR or NOID notice then you might never find out why the consulate denied the visa. However, the consulate should have cited a specific section of the INA when they denied the visa.

They're not supposed to approve another K1 petition until a formal decision has been made on the first petition. Theoretically, you could withdraw the first petition, but that might not be a good thing. If the consulate denied because they suspect the marriage is a sham then they might have placed a P6C marker in the file. This is essentially an accusation by the consular officer of fraud on the part of the beneficiary. If you withdraw the petition without allowing them to adjudicate the accusation then they can administratively close the petition "with prejudice", and the accusation will be presumed to be a fact. This would effectively be the same as if they'd readjudicated the petition, sent a NOIR, and you either failed to respond or your response wasn't sufficient to convince them not to revoke the approval of the petition.

You're best course of action now is to wait and see what happens with the returned petition. You could also marry and file a CR1 petition. If you do that then you still need to watch what happens to the returned I-129F. If you end up getting a NOIR then you still have to respond to it. If you don't, and the P6C marker becomes a finding of fact, then the CR1 will also be denied.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Marc Ellis says you can assume the first petition has expired and just file a new K1 ( or I 130 I would guess ) Because the K1 has reached it's expire date by the time it gets back you don't have to withdraw it and take the risk of the flag. The 2 petitions will collide maybe somewhere. From the weight of the package when our second one was sent out that is what happened and they combined the two ,oficially approving the second one.

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

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Called USCIS today and I was able to get a hold of them. They told me that they cannot do anything about it since the applica tion for the Fiancee Visa paperwork is sent to Egypt. They told me that they cannot answer any questions ask as it is the Consular responsibility to answer any inquiries should be directed to the Embassy in Cairo. I am sending a letter to the Ambassador in Cairo, Chief of the Consular in Egypt and to Senator John MacCain. I am not sure if I will get any result but I am going to try anyway. I waited this long four months hoping that I will hear from them but no mail no denial on the application yet. When they send me an e-mail before they said that pending until consular makes the decision this is in May 15, 2011 after his interview. I will wait and see if the application still in Cairo Egypt US Embassy and see where I can go from there. I need to wait for the result first then maybe reapply? Not sure what step I can do to bring him to US. It is the $$$ that kind of stop me from seeing him and my work. I need to see him, but I will see if I can go see him before the end of the year. Thanks for all your advice. I kind of got to thinking before I wish i was with him when he had his interview at the US Embassy in Cairo if it did make any difference for approving his Visa but it is history. I will recommend my mistake for whomever you are petitioning and they are ready for their interview specially in Egypt maybe it is better for you to go with him for the interview chances are your fiancee maybe get approved his visa while you are with him...... just a thought from my experience. Thank you all

Filed: K-1 Visa Country: Egypt
Timeline
Posted

I think it is important for you to visit him as soon as possible, especially if he is getting tired and impatient. I understand this may be very frustrating for both, but he must calm down.

You do need to wait the reasons for the denial before refiling. You-or your fiance- don't want to make the same mistakes again. Please take care of yourself. I must admit your situation got me a little concerned. I want you to succeed and be happy.

Thank you!! I need a little boost on this one. I did not posted for awhile in this forum as I am waiting for them to send me the result. Habibi is getting inpatient specially his friend in Egypt was approved for his Fiancee Visa for Sweden. I told him to be patient, but I can understand his predicament....

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Called USCIS today and I was able to get a hold of them. They told me that they cannot do anything about it since the applica tion for the Fiancee Visa paperwork is sent to Egypt. They told me that they cannot answer any questions ask as it is the Consular responsibility to answer any inquiries should be directed to the Embassy in Cairo. I am sending a letter to the Ambassador in Cairo, Chief of the Consular in Egypt and to Senator John MacCain. I am not sure if I will get any result but I am going to try anyway. I waited this long four months hoping that I will hear from them but no mail no denial on the application yet. When they send me an e-mail before they said that pending until consular makes the decision this is in May 15, 2011 after his interview. I will wait and see if the application still in Cairo Egypt US Embassy and see where I can go from there. I need to wait for the result first then maybe reapply? Not sure what step I can do to bring him to US. It is the $$$ that kind of stop me from seeing him and my work. I need to see him, but I will see if I can go see him before the end of the year. Thanks for all your advice. I kind of got to thinking before I wish i was with him when he had his interview at the US Embassy in Cairo if it did make any difference for approving his Visa but it is history. I will recommend my mistake for whomever you are petitioning and they are ready for their interview specially in Egypt maybe it is better for you to go with him for the interview chances are your fiancee maybe get approved his visa while you are with him...... just a thought from my experience. Thank you all

I already had factored in an extra trip to Egypt to be with my fiancee at his interview in my wedding'd budget. I really believe it is extremely important to be there, imperative. Anywhere in the world. Whether it makes a difference or not. Support like this can only be positive. Thank you for your advice and Good luck.

Don't ever do anything you're not willing to explain the paramedics.

 
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