Appeal denial ok K1 visa

[Southbyrd 2]

Just as San Diego said, there would be alot of denials due to engagements prior to the divorce. There is no US law stating that you you cannot be engaged to another prior to a divorce.

Something is not being revealed by USCIS.

[Southbyrd 2]

There is no US Law that states that you cannot get engaged prior to the divorce. There would be alot of denials if this situation was the case.

There is something else going on here that possibly not being revealed.

[Cathi 5,621]

I have never seen or heard of a case where visa was refusal was for getting engaged before Divorce was finalised.

I have no reason to believe new ground is being broken here.

I was in a relationship with my now husband before my divorce to my ex husband was finalized. I married my now husband less than a month after divorce was final, not one word was brought up about the timeline with my being engaged before my divorce was final. We got through the entire process from filing the petition to interview in 7 months with no RFEs, I didn't even discover VJ until after his approved petition was at the NVC and ready for interview scheduling. And FYI my now husband is from a so called "T" country. There is more to this story

[Avery Cates 1,141]

If anyone's going to help you, we need to know the full details of everything.

[David & Diana R 1,005]

Get married. Spend more time together. Front load proof of relationship. Then file CR-1....if you love each other.

[RhettVoe 281]

COs are rarely wrong...when a K1 is denied, it eventually has to be cleared by the most senior consular officer (usually the Consul General) before a final denial is entered into the 'system.' So what are the odds that TWO COs, one with considerable experience, is wrong? Nil. Something else red flagged this....something we are not hearing.

denying a K1 is not as simple as denying a tourist visa application...there is much more detail, red tape, etc that has to be done and even then, there has to be a reason(s) for this petition to be returned...it has be more than the whims of a CO...why? Because the original petition was adjudicated initially in the United States, by the US Government...therefore, to send it back for reconsideration, many more things have to be clear before doing so....that is why there must be other red flags that we have not been made aware of that caused this petition to be denied.

[Boiler 43,676]

It is an important point that the Consulate can not deny, just return.

[seekingknowledge 2]

Sorry, to hear that. My understanding is that you can get engaged at any time. Of course you must be free to marry, but you were eventually. The main requirement is that You must have the intent to marry within 90 days after to usa.

I take it that it created a red flag since you were married at time you got engaged. But engagement is nothing more than agreement to Marry. They may have thought it is not serious if you are doing it when you are married.

So who knows what they were thinking. If it goes to bonofied relationship, who ever denied must be living in the past.

Edited May 30, 2014 by Kathryn41
triplicated posting removed

[Boiler 43,676]

The Engagement timing is a red herring.

[seekingknowledge 2]

COs are rarely wrong...when a K1 is denied, it eventually has to be cleared by the most senior consular officer (usually the Consul General) before a final denial is entered into the 'system.' So what are the odds that TWO COs, one with considerable experience, is wrong? Nil. Something else red flagged this....something we are not hearing.

denying a K1 is not as simple as denying a tourist visa application...there is much more detail, red tape, etc that has to be done and even then, there has to be a reason(s) for this petition to be returned...it has be more than the whims of a CO...why? Because the original petition was adjudicated initially in the United States, by the US Government...therefore, to send it back for reconsideration, many more things have to be clear before doing so....that is why there must be other red flags that we have not been made aware of that caused this petition to be denied.

Thanks for the info I did not know that. So the general co would not rubber stamp it?

[Ebunoluwa 6,136]

RhettVoe you are forgetting the discretionary power and with that they can refuse baesd on speculation and assumptions under Not Bona Fide. Any fraud indicator can trigger this be it true or not. Otherwise we would not have so many successful re files. Co' s re adjudicate all the time even though it is against their own regulations. They are to inform the beneficiary of a factual reason for the refusal. Do they ? No ! They like to play the mystery game and if you are lucky you may guess it.

[RP&SP 8]

ok well all they gave him was that paper and the extra evidence. also they have the wrong date written on the 221(g) . after reading what everyone said we went over it again I got the fax he sent me and it's just this paper my birth certificate and the extra evidence they held on to everything else. does that help. and for everyone else who is saying there is more to it sorry that's all I have.

[RP&SP 8]

. I was going to ask the same thing. Was your fiancee petitioned before?

No he was not married/ divorce before and has never filed before. and everyone we started dating in June 2011 so it did not just happened.

Edited May 30, 2014 by Kathryn41
to remove duplicated posting

[Harpa Timsah 13,258]

Get a lawyer. Good luck.

[Pitaya 2,576]

Agree with Harpa. Time to lawyer-up.