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nadineus

K1 visa denied, moving to K3 petition

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So sad my k1 visa denied, really broke us into pieces...buh all is well...the CO kept saying she should come to Nigeria and marry me then fill for a spousal visa...

Please what's the duration for a K3 visa...and does the petition has to do medicals as part of the requirements over there...please I need an ASAP here

Any advice is welcome...

Thanks

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Moving from Progress Reports to Process & Procedures.

Firstly, you would not be pursuing a K3, you would be pursuing a CR-1.

Secondly, regardless of whether or not you get married, if the US Citizen receives a Notice of Intent to Revoke (NOIR) on the current K1 petition, then the NOIR must be responded to.

As for a time frame, from the time an I-130 is filed to the time an interview takes place, estimate 7-10 months.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hi! Sorry to hear that the k1 was denied! :( Why was it denied?! You didn't get any RFE? Thank you for your answer :blush: And good luck for this new application!


K1 timeline:

I-129F Sent: 01/28/2012

NOA1 Received: 02/06/2012

RFE: 05/16/2012

RFE Reply: 05/25/2012

RFE Response Review: 06/02/2012

NOA2: 06/19/2012

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Not all denials come with an RFE, if it is at the consulate level then no RFE is necessary

OP - a spousal visa like the CR-1 (no K3 anymore) will not earase the issues with the denied K-1, why were you denied the K1?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Nigeria will deny both K1 and CR1 visas. It is not as simple as getting married refiling and they will hand you a visa when the new petition reaches Lagos. You will have a denial on record. Depending on if it passed though CSC or VSC you may or may not see a NOIR. CSC will expire the petition and VSC does that or sends a NOIR. It needs a proper response not just telling them you are married. IF you get to the next interview and have trouble again ( about 15% do have a issue the second time ) there is no quick fix like getting married. Read the articles here Marc Ellis articles pay attention to the two titled Clash of the Titans. The CO's in Lagos tend to tell people that because they know if you marry you can't come back on the basis of a reaffirmed petition ( which is harder for them to deny than a new CR1 )


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

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Before you withdraw the K1 and re-file after marriage, you must find out why the visa was denied and solve that issue. Just getting married will not mean the reason for denial goes away.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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