Longer the wait the more chance of being denied??

[.......... 8]

I noticed today that a couple was made to wait 12 months by the USCIS and at end of all that they was just denied. Does anyone think that the longer they make you wait the more chance there is of being denied?? We have been waiting 8 months now

[clairegie 265]

did you have any RFE's? did you put in a service request?

[.......... 8]

did you have any RFE's? did you put in a service request?

We was issued a RFE on July 30th but they never bothered to send it out twice and we only got it 6 weeks later cause of a infopass. We answered the RFE and they received it on September 11th but since then nothing. The service request we put in in November was ignored and congresswoman Dina Titus office was useless. They never even responded to our calls or emails. A tier 2 office put in another service request on Thursday and we also emailed head office to help. Today we called and instructed a senators office to take the case on and help as they said they would.

Edited December 14, 2013 by Rich and Chrissy

[Nich-Nick 3,353]

Did your o line status show that they received your RFE and resumed processing? Any touch dates following them receiving your response?

If you didn't send in the correct info in response to an RFE, they would not have what they need to approve. In that case they could deny. They don't keep asking. A denail wouldn't be because they think you aren't a legit couple, but because they don't have enough to approve. Can you post exactly what the RFE said and what you sent? Wondering if the delay is related to the RFE.

[TBoneTX 43,157]

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

[.......... 8]

Did your o line status show that they received your RFE and resumed processing? Any touch dates following them receiving your response?

If you didn't send in the correct info in response to an RFE, they would not have what they need to approve. In that case they could deny. They don't keep asking. A denail wouldn't be because they think you aren't a legit couple, but because they don't have enough to approve. Can you post exactly what the RFE said and what you sent? Wondering if the delay is related to the RFE.

Yea our online status changed on September 11th but hasn't been touched since. They asked for a signed circumstance of meeting letter and for more prove of meeting within 2 years. I have included the cover letter below which states what's was included....... Edited December 14, 2013 by Rich and Chrissy

[djv-tco 29]

It's always made sense to me that the more difficult or questionable cases (not always the same thing) would take longer to process, and potentially have a higher rate of being rejected. Assuming that it's not the case that there's a great conspiracy where they just advance some cases and ignore others (Occum's razor), the more complications a case has, the longer it is going to take. If someone has a criminal record, that is going to require an extra check. If someone has been married previously, that is going to require an extra check. If someone's evidence of meeting isn't solid, that is going to require an extra check. Etc. As you're adding uncertainties, it makes sense that the probability of a denial would also increase.

The more complications you add, the longer the process should take. That's my thought anyway. It's logical and fair. I knew that my (I'm the USC) credit and criminal history were clear and readily accessible (hers too), my fingerprint card is on file at the FBI for work, and neither my fiancée nor I have ever been married before nor do we have any dependents. We're a really open and shut case so I imagine we 'skipped' a lot of the processing that other cases might have to go through. I therefore looked at the quickest possible processing times and anticipated that. If it had taken longer than that, I'd have been trying to wrack my brains for what the government found questionable that I didn't know about :-)

[.......... 8]

It's always made sense to me that the more difficult or questionable cases (not always the same thing) would take longer to process, and potentially have a higher rate of being rejected. Assuming that it's not the case that there's a great conspiracy where they just advance some cases and ignore others (Occum's razor), the more complications a case has, the longer it is going to take. If someone has a criminal record, that is going to require an extra check. If someone has been married previously, that is going to require an extra check. If someone's evidence of meeting isn't solid, that is going to require an extra check. Etc. As you're adding uncertainties, it makes sense that the probability of a denial would also increase.

The more complications you add, the longer the process should take. That's my thought anyway. It's logical and fair. I knew that my (I'm the USC) credit and criminal history were clear and readily accessible (hers too), my fingerprint card is on file at the FBI for work, and neither my fiancée nor I have ever been married before nor do we have any dependents. We're a really open and shut case so I imagine we 'skipped' a lot of the processing that other cases might have to go through. I therefore looked at the quickest possible processing times and anticipated that. If it had taken longer than that, I'd have been trying to wrack my brains for what the government found questionable that I didn't know about :-)

Hi thank you for your message it actually makes sense of this whole thing a little as I was denied a B2 visa in march (on phone officer did say they was waiting for the file on that but they got it a couple if weeks ago) and my fiancée was married previously but is divorced.

[SparklePony 238]

If you had to apply for a B2 because you don't qualify for the VWP (and it was denied, to boot), then I would bet they're doing deeper inquiries on your background.

I can't imagine the frustration of waiting this long, though. Hang in there.

[Darnell 8,478]

I noticed today that a couple was made to wait 12 months by the USCIS and at end of all that they was just denied. Does anyone think that the longer they make you wait the more chance there is of being denied?? We have been waiting 8 months now

If you studied the timeline from that member,

you'll note that there was an RFE. IMO - the petitioner not prove up what was asked for, in the RFE submittal, and of course it was denied.

Or it was some data error with USCIS, as that member not have postal notice yet, just an email/text.

As to the wait you're experiencing - I'm sorry - USCIS has had to scramble for adjudication sites since 15 AUG 2012, when DACA applications were first allowed in - the priority was given to DACA applications for some time, with the other casefiles just aggregated and moved around to other service centers for actual adjudication.

It makes more sense to me, for you, to find out exactly where the casefile is, and start studying adjudication queues for that service center.

[HK12 273]

I noticed today that a couple was made to wait 12 months by the USCIS and at end of all that they was just denied. Does anyone think that the longer they make you wait the more chance there is of being denied?? We have been waiting 8 months now

I am really sorry for your long wait. As I see you have had an RFE, which might have added a couple of weeks of additional processing time. I don't, however, think that the longer you wait, the higher the chance of being denied. I would also disagree with the post about longer waiting times in general meaning that your case is more "complicated". My husband (then-fiancé) and I were a super easy case - no criminal history, no denied visas, same age, no kids, no divorces, multiple visits, known each other for quite a long time, etc. - but we still had to wait six months for our NOA2. I have a good friend who I would also qualify as an easy case - she had to wait nine months for her NOA2. It is unfortunate that some people race through the process, while others have to wait for a long time, but that is more of a USCIS organization problem than anything else. Also, different service centers work at different speeds, which might also contribute.

Edit: May I ask why you had to apply for a B2 visa (seeing that you're from the UK, which is part of the VWP)? That is the only reason I see why it might take longer beside the RFE.

Edited December 14, 2013 by HK12

[Gosia & Tito 199]

I noticed today that a couple was made to wait 12 months by the USCIS and at end of all that they was just denied. Does anyone think that the longer they make you wait the more chance there is of being denied?? We have been waiting 8 months now

There is no real correlation between wait time and results IMHO; what there is -also IMHO; is a correlation between country of origin and length as well as result. There are unfortunately a number of countries considered high fraud and those are the ones that tend to have longer process times and higher rate of denial. Process times swing up and down for a number of reasons, when we did ours, the K1 was about 5-6 months in average; earlier this year it was getting around 1 year in average (or looked like), then it seems it started to reduce again. The load of cases moves slowly and is not very predictable, in most cases there is a 'luck' factor of when you file as to where the load is moving. In our case, times had been shorter around the time we filed, and "luckily" we got into a wave of many petitions that were sent to California, 'for faster processing' according to the letter we got...what a joke...around that time, we started calling the 'black hole California center' in here.

Sit tight, I would say that news are coming.

[.......... 8]

I am really sorry for your long wait. As I see you have had an RFE, which might have added a couple of weeks of additional processing time. I don't, however, think that the longer you wait, the higher the chance of being denied. I would also disagree with the post about longer waiting times in general meaning that your case is more "complicated". My husband (then-fiancé) and I were a super easy case - no criminal history, no denied visas, same age, no kids, no divorces, multiple visits, known each other for quite a long time, etc. - but we still had to wait six months for our NOA2. I have a good friend who I would also qualify as an easy case - she had to wait nine months for her NOA2. It is unfortunate that some people race through the process, while others have to wait for a long time, but that is more of a USCIS organization problem than anything else. Also, different service centers work at different speeds, which might also contribute.

Edit: May I ask why you had to apply for a B2 visa (seeing that you're from the UK, which is part of the VWP)? That is the only reason I see why it might take longer beside the RFE.

If you had to apply for a B2 because you don't qualify for the VWP (and it was denied, to boot), then I would bet they're doing deeper inquiries on your background.

I can't imagine the frustration of waiting this long, though. Hang in there.

I had a ESTA (VWP) for 2 years and was back and forth to the states on it with no problems and never over stayed so I thought I would apply for a B2 as I thought it wouldn't be a problem getting one but wow was I wrong. Foolishly I never looked in to what would happen if the B2 was denied cause if I did I would never of applied and just kept going on the ESTA. Edited December 14, 2013 by Rich and Chrissy

[JayJayH 546]

I had a ESTA (VWP) for 2 years and was back and forth to the states on it with no problems and never over stayed so I thought I would apply for a B2 as I thought it wouldn't be a problem getting one but wow was I wrong. Foolishly I never looked in to what would happen if the B2 was denied cause if I did I would never of applied and just kept going on the ESTA.

If the B2 was denied under INA 214(b) it will have no bearing on your immigrant petition and visa.

[.......... 8]

If the B2 was denied under INA 214(b) it will have no bearing on your immigrant petition and visa.

I got a 214(b) denial