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Jennifer J

Denials for k1 visa

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Hi my name is Jennifer,

I am a United States citizens and I have a fiance in Senegal. We have known each other since 2014. I visited him July 2016 and we got engaged, I stayed there for two weeks. I came back home got all my paperwork together and filed a partition on his behalf in October and it was approved in November. My paperwork was then sent to NVC and they sent it to Senegal. My fiance applied for his visa interview in December and his appointment was set for January 11. He had everything they required his examination, police certificate, passport, birth certificate, pictures, pictures of us, proof that we have known each other since 2014, I sent all of the paper's they wanted for the affidavit of support, three years of tax returns, 6 months of bank staments, check stubs, letter from job, birth certificate, passport, divorce paper's, proof of relationship. They said to send all of that, but when he got their to the interview their was a guy he ask him just a few question, my fiance answered them correctly then he went through all my paper's they asked me to send and only took 4 documents only, then he asked for his passport and phone number, later that day they called him and said come back Friday, January 13 so he did. Then on Friday he seen a lady she asked him about my children their ages, he answered correct, she asked a couple of more question he answered correct. Then she told him to have a seat in the waiting area, then another lady came and gave him his paper's back and his passport and a letter stating that he was denied, it had no explanation to why it was denied nor did they explain. When I go online to check the status it says Administration Processing, but the paper she gave says denied that she was returning the case back to the United States with her recommendation for denial. So with all this said  what does this mean, and is there anything we can do. I'm so disappointed and hurt right now and I'm just lost at what to do.

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Your first interview failed.  It happens a lot in higher fraud countries.  Sometimes they get it right, sometimes not.  We were initially denied and reapplied and got through it.  Have you only taken the one trip there ?   Many times they are harder on couples with only a single visit.   Also your profile says F1 visa ?


This will not be over quickly. You will not enjoy this.

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They don't say anything because there is no written rule.  It sort of goes , the more high fraud the country  the more face to face is needed to be successful.  About a month of face to face seems to be the number for Africa. 


This will not be over quickly. You will not enjoy this.

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Where did you meet in 2014, how much time did you spend together before you visited him in his country in 2016?


“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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Okay, Thank You I guess I will have to plan a few more trips, I work so being there for a whole month will be hard to do, two weeks is the most I can do in one visited but I will just go on more visits. This is so sad because we really love each other there isn't nothing fake about it and for someone to be able to just say no your not serious and deny you is just horrible. Thank you for your advice

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Email the embassy and ask why the denial, most likely it is not considered a real relationship.  Once you know the official ruling of the denial, you can work to correct their reasons/rationale.  That is why it is recommended that K-1 applications provide a lot of proof of a relationship.  Although USCIS may approve the K-1, it is the embassy who has the final approval on the issuance of the visa.

 

What did you send in with your application?  What kind of proof of a relationship?  How do you communicate?  Does he work?  Is there an age difference?  Did you meet online?

 

You have to look at your timeline of your relationship.  The CO will find it odd that you have been together since 2014 and had only seen each other once in 2016 and became engaged after two weeks.  Regardless of you going to Senegal to see each other, look at other places.  Some Caribbean countries do not require a tourist visa, so look at travel there.  Let him apply for a tourist visa to other countries and visit there.  

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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They are supposed to give you a reason for denial but it is not done at certain embassies.
Have him scan the 221g paper to you to look for a code marker (numbers/letter).
Has he ever applied for a tourist visa or any other visa ?
Email the embassy about the reason for denial and if they don't respond make the inquiry through your senator.
Overcome the reason(s) and file again after visiting. Frontload your petition.

You can also marry there and file a CR1 when you come back.

 


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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Our case was for spouse visa in Senegal.  My husband's visa was not approved.  We have been in AP since June, 2016. Case was returned to USCIS in October, 2016. I visited for one month in November, 2016. Now just waiting for response. 

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