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K-1 visa denied. Advice on next steps

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

After my fiancé proposed, his family went to see my family to seek permission to court me, this is essential in my tradition, a must do, before engagement and wedding plans can proceed, I went to my visa interview yesterday and the CO denied my visa because she saw a picture of us at the traditional engagement occasion called "knocking on the door", (my fiancé wasn't present on this occasion, he was still in the US) and she said I was married and so ineligible for a K1 visa, I explained that that wasn't a marriage and that it was a traditional engagement occasion where my fiances family goes to seek permission from my family with drinks... What do you suggest for my next steps? Do I have a good case for an appeal or do I let it go and start all over?

Get married and file I-130. Ghana is a difficult Embassy so prepare for the spousal visa. Good luck!!

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...................................................................

Marriage: June 15, 2015

File I-130: June 29, 2015

USCIS PD: June 30, 2015

NOA 1: July 2, 2015 (Nebraska)

NOA 2: December 10, 2015 (161 days)

NOA 2- Hard copy: December 16, 2015

Case Sent to NVC: December 17, 2015

...................................................................

NVC:

Case received: December 21, 2015

Case and IIN#: January 5, 2016

Choice of Agent -DS-261: January 6, 2016

AOS Fee Invoiced: January 6, 2016

AOS Fee Paid: January 6, 2016

IV Fee Invoiced: January 7, 2016

IV Fee Paid: January 19, 2016

DS-260 Completed: January 19, 2016

Sent AOS & IV Packets: January 28, 2016

Scan Date: January 29, 2016

Case Complete: March 2, 2016

Interview Scheduled & Letter Received: May 25, 2016

Interview Date: July 18, 2016

Visa In Hand:

POE:

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I am sorry you got denied for the K1 visa. This is constantly being talked about on here for people being denied for the exact same thing.

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Filed: K-1 Visa Country: Ghana
Timeline

What we did was the original knocking, I was wearing a regular knee length dress and flat sandals with even no make up on, with just 3 people from my fiances family and same as me... I didn't even have to wear the whole kente thing and have a party and friends were not invited. Apart from the original drinks his family brought we didn't do the whole engagement list and I wasn't even given an engagement ring. If I was going to leave my country to go marry someone, I'm sure our families were supposed to have this ceremony. Maybe what we should have done was lie, that's what they want.

I recently made a post on that topic...

What we know as "Knocking" has totally changed. Our people have condensed or combined "Knocking" and "Etire nsa" altogether. So the engagement is now the "etire nsa" which is the traditional marriage.

So for immigration purposes, you either have to not do it or do the "original knocking".

The original knocking involves just the elders, parents and sometimes, the girl is not even part at all. it's between a couple of elders from the both sides.

The moment the girl dresses up and everyone make elaborate preparation and dowry is paid. You are married.

To your question,

"You are too married for K-1 but not married enough for CR-1".

So go through the proper process to register your marriage and file I-130

Good luck!

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

What we did was the original knocking, I was wearing a regular knee length dress and flat sandals with even no make up on, with just 3 people from my fiances family and same as me... I didn't even have to wear the whole kente thing and have a party and friends were not invited. Apart from the original drinks his family brought we didn't do the whole engagement list and I wasn't even given an engagement ring. If I was going to leave my country to go marry someone, I'm sure our families were supposed to have this ceremony. Maybe what we should have done was lie, that's what they want.

Looks like you did exactly what the "KNOCKING" was supposed to be but unfortunately, our own people created the confusion. Some people will do just the knocking and call themselves married.hmm

It's unfortunate that lots of people have innocently paid for this confusion.

Unfortunately, there's no recourse for a denied K-1 visa. Your case would be allowed to "die a natural death" under the pretense of "reviewing".

So read about the Cr-1 and file .

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Filed: Other Country: Canada
Timeline

What we did was the original knocking, I was wearing a regular knee length dress and flat sandals with even no make up on, with just 3 people from my fiances family and same as me... I didn't even have to wear the whole kente thing and have a party and friends were not invited. Apart from the original drinks his family brought we didn't do the whole engagement list and I wasn't even given an engagement ring. If I was going to leave my country to go marry someone, I'm sure our families were supposed to have this ceremony. Maybe what we should have done was lie, that's what they want.

Nope, never lie

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Filed: Other Country: Nigeria
Timeline

lying wont do anything postiive for you , it was lack of research , do the cr1 , research every single thing about it , ull do fine

What we did was the original knocking, I was wearing a regular knee length dress and flat sandals with even no make up on, with just 3 people from my fiances family and same as me... I didn't even have to wear the whole kente thing and have a party and friends were not invited. Apart from the original drinks his family brought we didn't do the whole engagement list and I wasn't even given an engagement ring. If I was going to leave my country to go marry someone, I'm sure our families were supposed to have this ceremony. Maybe what we should have done was lie, that's what they want.

 

 

 

 

 

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Filed: AOS (apr) Country: Cyprus
Timeline

So sorry it happened to you too, Ghana likes to deny and not differentiate between 'knocking' (introduction) and traditional ceremony (trad wedding).

There is nothing to appeal, the discretion of the CO trumps everything, including common sense.

Marry, make sure you have a marriage certificate to submit (as it is now you are not married enough !) and file a CR1.

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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1. NEVER lie. It could result in a lifetime ban.

2. You missed the point of how this happened.

It is a ceremony that is recognized in that country. As a result the US government has to consider it based on the fact that it is recognized. As someone already mentioned many people do the knocking and consider themselves married. If it is culturally accepted then it has to be accounted for. You can't be married in one country and not married in another.

The US government is just trying to protect itself.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: IR-5 Country: Seychelles
Timeline

I am sure the CO at the embassy is aware of the traditions and the CO came to conclusion that was a marriage ceremony. Yes you can fight it and you might end up losing not to mention all the time you will be wasting.

Just like most suggested, CR1 is your pathway to the US.

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Filed: K-1 Visa Country: Ghana
Timeline

Thanks everyone for your advice... We will get married and proceed with the CR 1.... Does anyone know how soon I can start with the CR 1 process? Do I need to wait for a couple of months before proceeding?

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Filed: K-1 Visa Country: Wales
Timeline

You can file as soon as you are married

“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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Technically as soon as you have a marriage certificate.

After both being present for a wedding.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (apr) Country: India
Timeline

this time do your homework very well and look and read all the necessary posts here pertaining to your circumstances or case...

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Filed: K-3 Visa Country: Ghana
Timeline

After my fiancé proposed, his family went to see my family to seek permission to court me, this is essential in my tradition, a must do, before engagement and wedding plans can proceed, I went to my visa interview yesterday and the CO denied my visa because she saw a picture of us at the traditional engagement occasion called "knocking on the door", (my fiancé wasn't present on this occasion, he was still in the US) and she said I was married and so ineligible for a K1 visa, I explained that that wasn't a marriage and that it was a traditional engagement occasion where my fiances family goes to seek permission from my family with drinks... What do you suggest for my next steps? Do I have a good case for an appeal or do I let it go and start all over?

Unfortunately because there is a cultural difference, the embassy take any family introduction as marriage now. If the two families meet, they consider you guys married already. My friend faced the same problem and was told to go file for the right application. Good luck
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