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K1 refused need I-130 help, Please advise.

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Hello all,

I need your guidance/opinions on my situation. Please advise.

My fiance ( K1 visa) was interviewed at the london embassy on March 27, 2015. After the interview the CO said she wasn't "convinced" and "I am not going to issue you a visa today or something like that ( fiance's words) ". The interview lasted 5 mins. She returned the passport to him but kept the affidavit documents. Fiance was told he will be receiving a "letter" in the mail. He was not given a "221g" slip/worksheet either. As of today nearly 2 weeks, CEAC status is on AP with two updated dates ..one last week, one this week with no new information. Now we both mourned and kinda accepted the fact that he is most probably refused.

He has been on student visa in the UK and his visa expires in August 2015 then he flies back to Bangladesh (native country). He holds a "Bangladesh Passport". We want to get married in June in the UK, file I-130 and mail the petition package to the U.S. listed USCIS address from the UK. Below are some of the questions/doubts I am having Please feel free to share opinions. Thank you.

1. Is it okay to get married in the UK in other words use UK marriage certificate In the petition.

2. Even though we are mailing the package to U.S.A address during at the end of our stay in the UK are we good to put his "present and Permanent address" his Bangladesh address.

3. Hypothetically by the time we get married in June 2015 if his K1 ceac status still remains on AP should we send USCIS an official letter to withdraw K1. Should we send the letter before we send I-130/cr1 package or during the I-130 process.

4. If we get K1 denial letter by May 2015 are we ready to file I-130 right away or should we wait. Our service center was "California service center".

5. What are the chances of us getting a denial again of CR1 at the interview because of our K1 refusal.

6. How long does it take an estimate of time for CR1 to get approved.

7. I do think because he holds a Bangladeshi Passport and is a muslim he is still on AP. I cant think of any other reasons for him to be on AP where the CO already told him he was verbally refused at the interview.

The reason CO verbally refused my fiance: She asked if my fiance ever came to USA to visit his future in laws family and me. He said No. I was the one always went to the UK to visit him. That's when she said she wasn't convinced. My family is also going to the UK in June to get us married. I am hoping they dont deny us again based on this ground any longer.

Please do advise me. Thank you :):)

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Before you marry and apply for a cr-1 you need to find out the exact reason why he was denied. Marrying does not fix the reason for denial and just because you are married doesn't mean he will be approved. You need to overcome the issues for the denial before proceeding with a new petition and visa. Good luck!

Edited by mimolicious


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Did your fiance renew his passport?

Besides reason(s) for the K-1 non-approval, he will never be issued any visa on a passport with less than 6 months' validity.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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You need a visa to get married in the UK. Why not in Bangladesh so his family can attend?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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File a second K1 they actually have a hard time refusing in the face of a second petition no matter if it is K1 or CR1

And he would be reinterviewing at home.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It is not legal for you to enter the UK to get married without you obtaining a fiancé type visa. You must obtain a marriage visitor visa if you intend to return home to the USA after marriage. You must prove that you meet the requirements of this visa, and there is no guarantee they will accept you. https://www.gov.uk/marriage-visa/overview


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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Thank you so much @Yuna628. If you didnt tell me I would have completely ignored this valuable useful information.

@Boiler because of not having enough vacation days my family found getting us married in the UK is the best option for now. Also Bangladesh is really far and very time consuming. My fiance's family will be throwing another wedding reception party once he and I go to Bangladesh after the marriage.

@ Kiran n Suds yes he has a renewed passport. Thank you

@ Nigeriaorbust We might try this as well. Right now we are just so tired of waiting both families want us to settle down, hence the idea of CR1.

@mimolicious We are still on ap :(. How do I find out the reason of denial? Been emailing the embassy no response from them as of yet.

Thank you guys for all your input. If only the AP turned into approved all of my problems would have been solved. Still hopeful Idk why. Any of you think we still have a shot of getting approved?? -_--_-

keep those advises coming ( if any). :):)

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I am not sure if he was refused indeed. They might need more time to investigate. CEAC shows AP and not refused. Many people get refusal letter at the interview and he did not. There is still chance. At my fiances' interview was similiar where CO said since you do not speak good English, I am not convienced and we are still in AP. It's been over 4 months. They do put most muslims on AP. Maybe CO needed more time to investigate and they put him on AP for security checks. I would wait a little longer before cancelling K1 or trying to find out from embassy of the status. Hope all works out!


:luv:

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Thank you so much @Yuna628. If you didnt tell me I would have completely ignored this valuable useful information.

@Boiler because of not having enough vacation days my family found getting us married in the UK is the best option for now. Also Bangladesh is really far and very time consuming. My fiance's family will be throwing another wedding reception party once he and I go to Bangladesh after the marriage.

@ Kiran n Suds yes he has a renewed passport. Thank you

@ Nigeriaorbust We might try this as well. Right now we are just so tired of waiting both families want us to settle down, hence the idea of CR1.

@mimolicious We are still on ap :(. How do I find out the reason of denial? Been emailing the embassy no response from them as of yet.

Thank you guys for all your input. If only the AP turned into approved all of my problems would have been solved. Still hopeful Idk why. Any of you think we still have a shot of getting approved?? -_--_-

keep those advises coming ( if any). :):)

Sorry, I misread. Even so, getting married while you are in AP won't solve anything, you still need to find out the reason for AP or when you get back to the consulate with the new visa, the same issue will still exist. If you don't have an answer soon you can contact a congressperson or senator's office in your home state to inquire on your behalf.



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I am not sure if he was refused indeed. They might need more time to investigate. CEAC shows AP and not refused. Many people get refusal letter at the interview and he did not. There is still chance. At my fiances' interview was similiar where CO said since you do not speak good English, I am not convienced and we are still in AP. It's been over 4 months. They do put most muslims on AP. Maybe CO needed more time to investigate and they put him on AP for security checks. I would wait a little longer before cancelling K1 or trying to find out from embassy of the status. Hope all works out!

so speaking English is a requirement to get a visa now? *mindblown*

I was afraid of this as it could be used against my fiance. God I hate this damn system.


I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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Being able to converse in a common language maybe.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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so speaking English is a requirement to get a visa now? *mindblown*

I was afraid of this as it could be used against my fiance. God I hate this damn system.

I was shocked too..he was denied a translator as well. CO spoke his language, but kept talking in English. Luckily, my fiance is much better in written English and I provided ton of written evidence, besides we went on vacation together several times. Maybe it was just that CO, I hope.


:luv:

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Being able to converse in a common language maybe.

well if they try to interview her in English or test her on it we are ######...

I hope they pay attention to the hundreds of chats that we have in Spanish...but I doubt they are that competent.


I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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He is on a student visa in the UK so is going to speak English.

As far as Mexico I am concerned I have never heard of language being an issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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