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refile 129F or get married in UK?

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Filed: K-1 Visa Country: Brazil
Timeline

Ok...

after our case being denied, we were expecting that because we filed all wrong. We only sent the form and the payment. Only after discover VJ that I realise that we sent all wrong. I found out at the website that our case was denied and now we have to wait the letter saying the reasons of being denied which should take a while.

I was reading another forum and there was a question between appeal or refile 129f and everybody was saying that refile was a best option. But now something came to my mind, he is coming to London to visit me for 2 months. I would like your opinion...do you think that would be a good idea if we get married here and apply for spousal visa?

Help me please!

Thank you all!

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The spousal visa is better than the K1 and they are taking about the same time. If you can get married, go ahead and do it.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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I'd suggest refile.

Marrying after a denial could maybe look a bit sus, dunno.

I don't see it as suspicious, and doubt that any CO will see it that way. They were denied at the USCIS stage, they weren't denied at the interview, and only because they failed to provide everything else. They made a mistake and sent only the form and payment.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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They are only administratively denied, and without prejudice. It's just a paperwork issue. Not "sus" at all.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Here's a thread in the UK forum on what's involved in getting married in the UK: http://www.visajourney.com/forums/topic/388110-get-married-in-uk/

I agree with Harpa, decide where you want to get married and then prepare accordingly. Whether you refile the K-1 or get married and start the spousal petition journey, there will be time apart while waiting for the petition to be approved, the interview stage, etc.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: K-1 Visa Country: Brazil
Timeline

Feeling lost. I know people who got married on tourist visa or even with tourist visa expired. I need to know my options. It's a sad day for me but was kind of expected. It's so unfair to us to have to go through all this pressure. Me for example, I might have lost 3 kg, I'm not sleeping well for the past 2 weeks waiting for the answer which wasn't good and now we don't know which direction take to make it less painful as it is already.

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Feeling lost. I know people who got married on tourist visa or even with tourist visa expired. I need to know my options. It's a sad day for me but was kind of expected. It's so unfair to us to have to go through all this pressure. Me for example, I might have lost 3 kg, I'm not sleeping well for the past 2 weeks waiting for the answer which wasn't good and now we don't know which direction take to make it less painful as it is already.

Your options have already been outlined in this thread -- opt to refile the fiancé(e) petition and go the K-1 route, or get married and file the spousal petition for the CR-1 visa. Unfortunately, you've learned what can occur if the instructions aren't followed correctly. It's a setback, but in the grand scheme, if you want to be together, you'll review your options and move forward. Many of us have had to endure months or more being apart from our loved ones. In the end, it's worth it. :thumbs:

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: K-1 Visa Country: Brazil
Timeline

I've learned for sure! If it was the case that I can go visit him even if it's for 90 days would be great for me. I could go spend time with him... Does anyone knows how it works if I was applying for spousal visa?

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