Refile K1 after denied Visa

[Life2Live4 1]

Hi all

Unfortunately our fiance interview did not go well, she got denied a visa and so was everybody else who filed as fiance or marriage that day. I did everything i was told to do through this site but it didn't seem to matter to the consulate who interview us in Cambodia. Cambodia is a blacklist country and its very hard to get approve if you are applying for K1 visa for the first time or even second. I have to congratulate those who passed on their first try. It seems to me that they have already made up their mind about who will get a visa before you even step to the window for the interview. I am very disappointed with the decision but there is nothing we can do about it now but to refile. So I'm in a process of refiling it again and my question is, will it be shorter this time around for the application to process? First time it took her 10.5 months to get an interview. I hope it doesn't take that long again. I've talked to some people who also was at the interview and they told me that they have been interviewed 3-4 times already, but i did not ask them how long it took them to get each interview. I just hope it wont be too long because waiting really sucks!!!

[Boiler 43,425]

I would firstly address whatever was the reason the petition was returned.

[NancyNguyen 1,657]

Visit more or spousal visa. Refiling will not solve problem.

[Life2Live4 1]

i have visited her two times now and stayed with her more than 2 and half months,which is long then most people who go visit 3-4 times. So are you suggesting that i should file a spousal instead of refiling as fiance?

[Pitaya 2,576]

I would firstly address whatever was the reason the petition was returned.

Agree with Boiler.

[Transborderwife 4,666]

i have visited her two times now and stayed with her more than 2 and half months,which is long then most people who go visit 3-4 times. So are you suggesting that i should file a spousal instead of refiling as fiance?

Not if you aren't married

[Life2Live4 1]

We are not married so i guess i have to refile

[TBoneTX 43,042]

It seems to me that they have already made up their mind about who will get a visa before you even step to the window for the interview.

This is why front-loading the USCIS petitions with evidence of bona fide relationship can be so crucial when one will be dealing with an awful consulate. Thinking ahead is paramount.

Atop every VJ page are links for "Embassy Info" and "Reviews: Embassy." Read everything about Cambodia, paying particular attention to the WORST stories. Read every relevant thread in the appropriate regional forum. When you refile the I-129F with USCIS, include every scrap of information that you want the consular officer at the Cambodia embassy to see.

The consuls are not supposed to ignore evidence that they know that USCIS has seen.

[Life2Live4 1]

yes i have done all that, reading on stories after stories and have lots of evidence. The consulate asked us why we have so many pictures? I was dumbfounded by that comment. I guess there is such thing as too much evidence of our relationship.

[TBoneTX 43,042]

If they're determined to refuse the visa, they'll find an excuse. Those of us who got hosed in Guayaquil in 2008 remain angry about how we were treated.

[Ebunoluwa 6,136]

Find out the reason you were denied and address it to overcome the same hurdle the next time.

If you were denied just because the CO did not believe you are a genuine couple or spend enough time together then visit again and

front load your next petition.

You can try a K1 again but if denied again you have to start over a third time. If you marry and file a CR1 and they return your

case, you then have a second chance to address the issue in response to a NOIR letter, whereas the K1 just expires and dies.

We successfully re filed a K1 and many others have too, I have not seen too many K1's denied twice but it is a gamble and only

you can make that decision.

Yes it will take just as long and just because you have filed before doesn't make it go faster and it depends which service center

you will go through, Texas SC is slow as molasses and how fast they give appointments at your embassy or if you will go into AP.

I suggest you search in your country's forum to see what other couples with denied K1's from Cambodia said.

Best wishes.

[NancyNguyen 1,657]

Your fiance might be petitioned before and failed to obtain visa, I guess.

[Ebunoluwa 6,136]

yes i have done all that, reading on stories after stories and have lots of evidence. The consulate asked us why we have so many pictures? I was dumbfounded by that comment. I guess there is such thing as too much evidence of our relationship.

They can twist it however they want to.....they can say not enough pics or too many......thanks to their discretionary powers i.e. personal "gut feeling."

Though cheap "fillers" in a petition that do not reflect quality flowing relationship evidence can be misconstrued as a fraud motive

(overcompensating for something) I suggest you make a well rounded package with photos from each trip separated in bags or however to document each trip.

We submitted about 150 photos from 4 trips. If you divide them up into each trip it won't look so overwhelming.

I also heavily front loaded my second petition and wrote a note to USCIS about my quantity of evidence and that I was told the CO wanted more

without telling me what so that's the reason for my 600+ petition package.

Every word I had with the CO from the previous time was documented and send with the package also, everything that happened I made sure USCIS

knew about it.

Everything but the kitchen sink with reasons why.

For your next petition you may want to share your cover letter here to get input from people who have gone through a denial before and understand

front loading and don't pay attention to the ones who advice you to send only 5 chats and 6 photos the next time.

I believe your chances are good for a second K1 but do some searching in your forum and embassy reviews, each embassy has it's

pattern and quirks, give them what they want, convince them.

[Mike-eeh and Odie 192]

yes i have done all that, reading on stories after stories and have lots of evidence. The consulate asked us why we have so many pictures? I was dumbfounded by that comment. I guess there is such thing as too much evidence of our relationship.

Correct, too many photos suggests you are desperately trying to prove something. Instead of quantity, think quality. Send like 10 good pictures, but tell a timeline story. Use pictures from various points in your relationship up to the point of your engagement. My wife and I just used pics from our one trip in Singapore. We told the story of our trip in 10 pictures, from the initial airport meeting to the day I gave her the ring.

In addition, we front-loaded with the following (from our trip):

1. Airplane Ticket Stubs

2. Pictures of our passport Stamps

3. About 5 receipts from Singapore (hotel, shops, cafes, gifts, etc)

4. A few pics us near Singaporean landmarks.

To prove we kept in contact, we did not send hundreds of pages of text logs, we simply printed out 1-2 pages of random chat logs for each month we dated. Some chats included fights we had, and while some may think that is negative, I felt it only made our relationship look more natural. In addition I sent gift receipts, WU receipts, and copies of emails.

*Note: We only saw each other once for 2 weeks. I would recommend you send 10 very good, story-telling pics for every 2 weeks you been together. Keep them separated in plastic baggies and label them per visit (Visit to Cambodia, 1st Visit Week 1, Visit to Cambodia, 1st Visit Week 2, Visit to Cambodia, 2nd Visit Week 1, etc.)

Edited June 10, 2015 by Mike-eeh and Odie

[TBoneTX 43,042]

The strength of evidence necessary to be granted a visa in Manila tends to be far different from what's necessary almost anywhere else. The OP should front-load his new petition package exactly as Ebunoluwa recommends.