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froggiepiggie

k-1 visa denied

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the consular officer denied my fiancee's k-1 visa and was given a white letter 212(g) and 212(a)(6)©(i) ... I'm a USC and want to know do I file a i 601 wavier here in the America or my fiancee need to file i 601 in her country? Please help THANK YOU

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You usually have the opportunity to appeal the decision. Before filing your appeal, try to determine what may have resulted in the denial. Did you not explain your situation clearly or did you leave out important information? Figuring out why your visa was denied, if possible, can help you determine how to proceed. Many people on here have a lot of knowledge that can help you on what to do next .

Who flies I believe it is the person who originally filed the visa petition . However someone with more experience will tell you for sure shortly .

Edited by julitathomas0810

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Oh Ok,i see the Box was NOT Checked where it says you could file for a Waiver,so it will most likely go back to USCIS and Expire and they will say you are free to re-file and then when you go back for a Interview on that Petetion(if Officer approves at the Interview),Embassy will tell you that you will have to file a Waiver ,at that Point...sorry to hear,My K-1 was Denied(NO BONA FIDE RELATIONSHIP) and her Tourist Visa was Revoked(214g and p6ci),we married and now are waiting on Approval of the I-130..hope we are not faced with a waiver situation when we go to the Interview.

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The reason for your denial is NOT misrepresentation. The reason is that the CO believes you do not have a bona fide relationship.
No waiver is needed, nothing is checked about misrep. The paragraph you posted only states what will happen if USCIS revokes your petition at which time the
pc marker of misrepresentation would kick in (even though you did nothing wrong to misrepresent yourself).

The case will be returned to USCIS. Depending on which service center you were approved at, Vermont 'sometimes' reaffirms returned cases, CSC NEVER does.
CSC will let your case sit in storage and then allow it to expire so you can file again. ( No waiver needed, only if it gets revoked, which it won't).

This process takes 6 months at which time you will get a formal letter that you can file again.

If you had a CR1 then you can gather evidence to overcome their findings but not with a K1 at CSC. I suggest you marry and file a CR1 or refile a K1 which of course
can be returned again. What embassy are you dealing with ?

Again, there is no misrepresentation marked, no medical marked, no waiver needed, only the explanation that the misrep marker kicks in if revoked which won't

happen, your case will expire and you are free to refile.


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.

 

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T I suggest you marry and file a CR1 or refile a K1 which of course

can be returned again. What embassy are you dealing with ?

Getting married does not automatically make for a bonafide relationship. You need evidence to show that you have that first before you should refile anything.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Getting married does not automatically make for a bonafide relationship. You need evidence to show that you have that first before you should refile anything.

Obviously yes. The choices are to marry and file a CR1 or refile a K1 of course with tons of relationship evidence.

If a CR1 gets returned there are more options to overcome any issues than with a K1, therefore it is a somewhat better choice.


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.

 

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My initial comment was based upon looking up the codes that were provided. After the posting of the denial I understand much better. It is simply a case of the embassy did not believe this was a real relationship. Certainly marriage is an option, better to focus on more visits, time spent together, photos with the family, etc. It is much less likely to be a sham with more money invested and the family, neighbors, and distant relatives in the know.

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once the 'reasonable person' phrasing is used, yer in for a big pile of poo.

I would suggest you actually get back to that country, spend more time with yer fiance, then file a new I-129F .


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 !

2mzcunl.gif

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Oh Ok,i see the Box was NOT Checked where it says you could file for a Waiver,so it will most likely go back to USCIS and Expire and they will say you are free to re-file and then when you go back for a Interview on that Petetion(if Officer approves at the Interview),Embassy will tell you that you will have to file a Waiver ,at that Point...sorry to hear,My K-1 was Denied(NO BONA FIDE RELATIONSHIP) and her Tourist Visa was Revoked(214g and p6ci),we married and now are waiting on Approval of the I-130..hope we are not faced with a waiver situation when we go to the Interview.

Same here, I hope the 2nd round is better. Living separate life is not easy at all :-)

OP - Good Luck to you!


K1 - Filed March 2011

- Denied March 13, 2012

- Placed in AP March 14,2012

- Sent back to USCIS November 2012

- Expired March 2013

WASTED A YEAR FIGHTING THE DENIEL

MARRIED MARCH 15, 2013

1-130 Approved 3/3/2014 :-)

Finally made it home 3/18/2014

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