K1 denied at Consulate want to do K3 now is this possible??

[Private 1]

I was denied and now I am thinking of going back and getting married is this possible, or should I just fight the K-1?

[spritz2 0]

It is much better to fight it while it is still at the consulate. See this article: http://www.ilw.com/articles/2006,0323-ellis.shtm

quote name='Private' date='Oct 18 2006, 05:08 AM' post='512458']

I was denied and now I am thinking of going back and getting married is this possible, or should I just fight the K-1?

[pugsly 0]

Ours was denied also and is being sent back to the service center. I will going in March to marry my fiance and not bother to fight the k-1. I heard that sometimes with k-1s being returned , some service centers dont even mail you your Notice Of Intend to Deny letter so you can rebuke it. They just close the case. One thing is though if you do get a NOID letter you need to respond to it even if you are married already. I hope things work our for you. Good luck

[luvbugs4ever 0]

Ours was denied also and is being sent back to the service center. I will going in March to marry my fiance and not bother to fight the k-1. I heard that sometimes with k-1s being returned , some service centers dont even mail you your Notice Of Intend to Deny letter so you can rebuke it. They just close the case. One thing is though if you do get a NOID letter you need to respond to it even if you are married already. I hope things work our for you. Good luck

Hi pugly, by reading your post here, i somehow felt afraid this time, way back 2003 our first K1 application was denied under section 214 b . My Husband (who was then my fiance before) did received a letter from NSC about the denial of my visa and if he wish to appeal. Sadly, my husband did not appeal that time, he losed hope thinking that we dont have chance to be together. But after a year and a couple of months we renewed our love for each other and then file for K1 again, it was already approved at NVC last week with a case# assigned, BUT we are already married now and did sent cancellation letter already to CSC, NVC and embassy since we are already on K3 route this time due to marriage. My concern is, does our K1 denied visa befor will affect our K3 this time? I called the customer service at US embassy in my country to cancel our K1 on behalf of my husband and when she checked my name our present case# is not yet in their system which means they did not yet received our papers from NVC, BUT she was able to see our CASE # way back 2003. So, im afraid the embassy will deny our k3 just because my husband did not respond to the NOID letter sent to him before? For those who has more knowledge on this, please help us ....

Edited October 18, 2006 by luvbugs4ever

[Yodrak 7]

Private,

You should consult with an immigration attorney to review the specifics of your case.

In general the issues are the same whether the relationship is pre-marriage or post-marriage. Simply getting married does not make the issue of bona fide relationship go away.

Yodrak

I was denied and now I am thinking of going back and getting married is this possible, or should I just fight the K-1?

[morocco4ever 63]

The process it takes to adjudicate these petitions a second time usually runs around another 15 months from the interview date. The reasons it would be beneficial to get married and start again is:

1-If you wait for the K-1 to reach the service center, you run the risk of it being expired.

2-The time involved to adjudicating petitions the second time exceeds starting the process over.

The downfalls are:

1-The denial is now on record.

Of course if you choose to get married you will need to address all of the red flags, known or unknown, that the CO found in your case in the original petition with the new I-130 and/or your I-129F

As you know from the Desert Rose group we have a member that had their petition expire. She has chosen to get married and pursue the CR1/K3 visa. She intends to have everything, and I mean everything included with her petitions, so when it is adjudicated they have all of the facts, leaving Casablanca with little reason to return the petition. She has also hired a really good immigration attorney, one that truly understands returned petitions. One thing that is important to note, not all immigration attorneys have experience in this area, so if you look for one you need to make sure he really knows his stuff, not that he just claims too.

[~kiyah~ 14]

The process it takes to adjudicate these petitions a second time usually runs around another 15 months from the interview date. The reasons it would be beneficial to get married and start again is:

1-If you wait for the K-1 to reach the service center, you run the risk of it being expired.

2-The time involved to adjudicating petitions the second time exceeds starting the process over.

The downfalls are:

1-The denial is now on record.

Of course if you choose to get married you will need to address all of the red flags, known or unknown, that the CO found in your case in the original petition with the new I-130 and/or your I-129F

As you know from the Desert Rose group we have a member that had their petition expire. She has chosen to get married and pursue the CR1/K3 visa. She intends to have everything, and I mean everything included with her petitions, so when it is adjudicated they have all of the facts, leaving Casablanca with little reason to return the petition. She has also hired a really good immigration attorney, one that truly understands returned petitions. One thing that is important to note, not all immigration attorneys have experience in this area, so if you look for one you need to make sure he really knows his stuff, not that he just claims too.

Exactly! The key thing here if at all possible is to find out what exactly what the CO reasons are for returning the petition in the first place via FOIA. Once you can find this information out, and follow your returned petition to see what is going to happen to it, you can then make a determination what is best for your situation whether it means to fight the K1, appeal if finally denied by USCIS, get married and file a K3, etc.

One thing to remember is a 221g stating petition return to USCIS for further review means they DO NOT have any concrete evidence to issue a 212 or any other flat denial so they do the next best thing and send it through the return process. This is very tricky...the K1 has a 4 month validity, it is taking some embassies 1-2 months if not longer to actually return a petition to the United States...they do have the authority to extend the validity, so does the USCIS director if the service center where the file was originally approved. However, many embassies are NOT extending the validity of the K1 when it is being returned for review, and I can tell you that the CSC is not extending them...they are expiring and the petitioner is notified of the petition expiration and being told they can file again at any time...without being given the reason(s) why it was returned in the first place.

For a K1, and petition return you are basically backed into a corner and have to wait some of this process out, find out as much info as possible from the original file before making any decisions about filing anything again.

This is why the FOIA is so important...to file again you will need to address any issues that the CO had with the first petition, identify any red flags you might have and might possibly have and address them as well with the new petition. If you do not do this, yes you will probably be approved by the USCIS...however once you get back to the consulate for an interview it will most likely all come crashing down on you because they can use again whatever they did before to place you back into the return process.

I am certainly not an attorney by any means, but I would never come close to suggesting anyone refile their K1, or file a K3 blindly without knowing what the issues are with the returned K1 petition and being prepared to address everything possible and then some.

~Kiyah~

[Fandango 1,439]

The K-1 is not a 'try before you buy' type situation, and if your fiance has put across that sentiment...i.e. - 'we're going to get to know each other within the first 89 days' then I think your best recourse would be to go over for another visit and spend more time, gather more evidence, and fight the denial.

jmo...good luck

[pugsly 0]

Our situation may be alittle different than yours. We have a few red flags that i am sure the consulate was suspicious about. We decided to wait untill he finishes school before we file again. That will be almost 3 years away. In the meantime we want to get married so then we could file for IR-1 visa , when he is done with school. In our case i think only time will be the way to prove its a bonified relationship.

[My Le 0]

The process it takes to adjudicate these petitions a second time usually runs around another 15 months from the interview date. The reasons it would be beneficial to get married and start again is:

1-If you wait for the K-1 to reach the service center, you run the risk of it being expired.

2-The time involved to adjudicating petitions the second time exceeds starting the process over.

The downfalls are:

1-The denial is now on record.

Of course if you choose to get married you will need to address all of the red flags, known or unknown, that the CO found in your case in the original petition with the new I-130 and/or your I-129F

As you know from the Desert Rose group we have a member that had their petition expire. She has chosen to get married and pursue the CR1/K3 visa. She intends to have everything, and I mean everything included with her petitions, so when it is adjudicated they have all of the facts, leaving Casablanca with little reason to return the petition. She has also hired a really good immigration attorney, one that truly understands returned petitions. One thing that is important to note, not all immigration attorneys have experience in this area, so if you look for one you need to make sure he really knows his stuff, not that he just claims too.

Exactly! The key thing here if at all possible is to find out what exactly what the CO reasons are for returning the petition in the first place via FOIA. Once you can find this information out, and follow your returned petition to see what is going to happen to it, you can then make a determination what is best for your situation whether it means to fight the K1, appeal if finally denied by USCIS, get married and file a K3, etc.

One thing to remember is a 221g stating petition return to USCIS for further review means they DO NOT have any concrete evidence to issue a 212 or any other flat denial so they do the next best thing and send it through the return process. This is very tricky...the K1 has a 4 month validity, it is taking some embassies 1-2 months if not longer to actually return a petition to the United States...they do have the authority to extend the validity, so does the USCIS director if the service center where the file was originally approved. However, many embassies are NOT extending the validity of the K1 when it is being returned for review, and I can tell you that the CSC is not extending them...they are expiring and the petitioner is notified of the petition expiration and being told they can file again at any time...without being given the reason(s) why it was returned in the first place.

For a K1, and petition return you are basically backed into a corner and have to wait some of this process out, find out as much info as possible from the original file before making any decisions about filing anything again.

This is why the FOIA is so important...to file again you will need to address any issues that the CO had with the first petition, identify any red flags you might have and might possibly have and address them as well with the new petition. If you do not do this, yes you will probably be approved by the USCIS...however once you get back to the consulate for an interview it will most likely all come crashing down on you because they can use again whatever they did before to place you back into the return process.

I am certainly not an attorney by any means, but I would never come close to suggesting anyone refile their K1, or file a K3 blindly without knowing what the issues are with the returned K1 petition and being prepared to address everything possible and then some.

~Kiyah~

What is FOIA? What does it stand for? Please explain. Thanks.

[MaryandMian 1]

What is FOIA? What does it stand for? Please explain. Thanks.

From my understanding is this is the (FOIA) Freedom of Information Act. http://foia.fbi.gov/ I am sure Kiya or someone else can verify this information. But my understanding is that you can request FOIA from the DOS (Department of State) and from the USCIS centers to see about information that was obtained in your file or files when you make an appeal on a case that is being denied or sent back to the states for (NOID) intent to revoke or deny.

Mary