Jump to content

14 posts in this topic

Recommended Posts

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

Aug 2010, I filed a I129F k1 for my fiance from Egypt. He went to his interview and had his medical paperwork and he was told everything looked ok. He should hear back in two weeks. Then when we checked the US Embassy in Cairo, they had sent our file back to the US immigration for further review because they couldnt be sure our relationship was real. The US State department denied us because our file was pass the processing date.

So I am curious what is the best route now? to appeal the denial or to file a different form like a I-130? Both ways cost, so now I am looking at the quickest route despite the cost. All opinions are welcomed.

And by the way, we are married now in a civil union but haven't certified our marriage yet. I dont know if this is necessary to do if filing an I-130? Thanks.

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

Aug 2010, I filed a I129F k1 for my fiance from Egypt. He went to his interview and had his medical paperwork and he was told everything looked ok. He should hear back in two weeks. Then when we checked the US Embassy in Cairo, they had sent our file back to the US immigration for further review because they couldnt be sure our relationship was real. The US State department denied us because our file was pass the processing date.

So I am curious what is the best route now? to appeal the denial or to file a different form like a I-130? Both ways cost, so now I am looking at the quickest route despite the cost. All opinions are welcomed.

And by the way, we are married now in a civil union but haven't certified our marriage yet. I dont know if this is necessary to do if filing an I-130? Thanks.

Before you proceed, you must find out all the reasons why you were denied. If you don't address them, he could be denied again.

If you're married you need to file a spouse visa. You no longer are eligible to file a fiance visa.

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

Posted

Aug 2010, I filed a I129F k1 for my fiance from Egypt. He went to his interview and had his medical paperwork and he was told everything looked ok. He should hear back in two weeks. Then when we checked the US Embassy in Cairo, they had sent our file back to the US immigration for further review because they couldnt be sure our relationship was real. The US State department denied us because our file was pass the processing date.

So I am curious what is the best route now? to appeal the denial or to file a different form like a I-130? Both ways cost, so now I am looking at the quickest route despite the cost. All opinions are welcomed.

And by the way, we are married now in a civil union but haven't certified our marriage yet. I dont know if this is necessary to do if filing an I-130? Thanks.

Same thing happened to me when I applied for a fiance visa for.my now husband except he was denied without an.interview by the embassy because we were "to married" for the fiance visa so we.filed the spouse visa. My husband is in palestine

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Same thing happened to me when I applied for a fiance visa for.my now husband except he was denied without an.interview by the embassy because we were "to married" for the fiance visa so we.filed the spouse visa. My husband is in palestine

Does anyone know if you can just provide affidavits to prove our marriage when filing an I-130???

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Before you proceed, you must find out all the reasons why you were denied. If you don't address them, he could be denied again.

If you're married you need to file a spouse visa. You no longer are eligible to file a fiance visa.

We were denied because when the US Embassy in Cairo sent our fine back to the US Immigration because they could decide if our relationship was a true one. Our letter from the US Immigration stated that our application had expired. Which was no fault of ours.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from CR-1 Process to K-1 Process -- correct forum for visa being discussed. ***

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(!).

Filed: K-1 Visa Country: Egypt
Timeline
Posted

We were denied because when the US Embassy in Cairo sent our fine back to the US Immigration because they could decide if our relationship was a true one. Our letter from the US Immigration stated that our application had expired. Which was no fault of ours.

They do that on purpose so you have to refile.

But you're married now. Go to 'Guides" and study the spouse visa. You must know exactly WHAT made them believe your relationship wasn't bonafide. If you try again without fixing that, you may be denied again.

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

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

Aug 2010, I filed a I129F k1 for my fiance from Egypt. He went to his interview and had his medical paperwork and he was told everything looked ok. He should hear back in two weeks. Then when we checked the US Embassy in Cairo, they had sent our file back to the US immigration for further review because they couldnt be sure our relationship was real. The US State department denied us because our file was pass the processing date.

So I am curious what is the best route now? to appeal the denial or to file a different form like a I-130? Both ways cost, so now I am looking at the quickest route despite the cost. All opinions are welcomed.

And by the way, we are married now in a civil union but haven't certified our marriage yet. I dont know if this is necessary to do if filing an I-130? Thanks.

your only option now is the i130, civil marriage even though it isnt registered yet is legal. First you must find out the reason for the denial and address those reasons before you proceed.


Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

kkdecta jjerterm kksabinal

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Egypt
Timeline
Posted

That's exactly my point. The OP must figure out what were the red flags: age difference? language barriers? etc to make trigger a denial. If these red flags are not addressed, a denial may happen again.

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

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Does anyone know if you can just provide affidavits to prove our marriage when filing an I-130???

Affidavit are secondary evidence and really don't prove anything. You really need to find out specifically why they thought the relationship wasn't real. Maybe if you and your husband talk about what was asked the answers given and look at if you have red flags did those come up in interview.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

Aug 2010, I filed a I129F k1 for my fiance from Egypt. He went to his interview and had his medical paperwork and he was told everything looked ok. He should hear back in two weeks. Then when we checked the US Embassy in Cairo, they had sent our file back to the US immigration for further review because they couldnt be sure our relationship was real. The US State department denied us because our file was pass the processing date.

So I am curious what is the best route now? to appeal the denial or to file a different form like a I-130? Both ways cost, so now I am looking at the quickest route despite the cost. All opinions are welcomed.

And by the way, we are married now in a civil union but haven't certified our marriage yet. I dont know if this is necessary to do if filing an I-130? Thanks.

1.Sounds like the reason of denial was the general canned response "for immigration purposes only", meaning they feel your relationship is not bona fide, even if you brought a suit case full of evidence.

2. Your service center CSC lets the validity of returned petitions expire, yes to no fault but their own. Vermont reaffirms, California does not which is ridiculous but a fact.

3. K1 is out of the question because you are "too" married. Civil ceremony settles that. Get it "certified" before filing.

4. Your option is a CR1. Study the guides here http://www.visajourney.com/content/i130guide1

5. Appeals are costly and take a long time. Many CR1's are currently flying through 60-90 days processing due to some reshuffling to another service center. The NVC phase will take about as much time.

Best wishes !

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: Citizen (apr) Country: Egypt
Timeline
Posted

Aug 2010, I filed a I129F k1 for my fiance from Egypt. He went to his interview and had his medical paperwork and he was told everything looked ok. He should hear back in two weeks. Then when we checked the US Embassy in Cairo, they had sent our file back to the US immigration for further review because they couldnt be sure our relationship was real. The US State department denied us because our file was pass the processing date.

So I am curious what is the best route now? to appeal the denial or to file a different form like a I-130? Both ways cost, so now I am looking at the quickest route despite the cost. All opinions are welcomed.

And by the way, we are married now in a civil union but haven't certified our marriage yet. I dont know if this is necessary to do if filing an I-130? Thanks.

I'm sorry but I didn't quite understand the married in a "civil union". Does that mean you had an Urfi marriage? Or did you go to the Egyptian Ministry of Justice for the marriage? The only way you can file for a CR1 visa is by doing the steps that are laid out in the US embassy in Cairo website. Then the marriage certificate will be accepted.

"A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort. " – Herm Albright

POE: JFK New York: 04/18/2010
Receive Green Card in mail: 06/03/2010
Received SSN: 06/17/2010
Received NEW SS CARD: 07/20/2010
(to match GC!)
Got JOB!!: 09/27/2010
Got a better JOB!!: 11/20/2010

ROC Mailed: 02/16/2012
Check cashed: 02/24/2012
NOA received dated for: 02/22/2012
Biometrics dated:
04/18/2012
RFE:
10/23/2012
RFE Response Confirmed: 11/16/2012
Interview at Orlando office: 02/13/2013

2nd RFE!!: 10/03/13

2nd RFE Response: 10/09/2013

Update Biometrics: 10/13/2013 NEVER GOT 10 yr card!

N-400 mailed: 01/21/2014

Biometrics (N-400): 02/21/2014

event.png

 
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
- 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...