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MaxxumUSA

Reasons for K-1 denial? Anyone been denied?

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Filed: K-1 Visa Country: Russia
Timeline

I am wondering if there has been anyone here filing a K-1 for a fiancee and been denied even before an NOA2 is granted.

I am curious and did a search but did not see a denial of a K-1 on the USA side in the results. Is this even possible? It seems that everyone gets approved however some people have been delayed.

I received an RFE April 20, so I don't know what they are requesting yet. Maybe my income? I sent taxes for 2003, 2004, and 2005 but did not send 2006. Maybe they want that? I think I'll go nuts trying to guess so I'll stop now.

Sorry... going a little crazy here worrying about the process. I have some criminal history issues including a recent DWI. No felonies but all criminal issues look bad on paper. Can this cause a denial? Or will I possibly be delayed with waivers? I do have a lawyer and they said my packet looked good.

Ugh... Please do not flame me because of my criminal record. I am living a different life now and most issues were over 12 years ago.

03/09/2007 - I-129F sent

03/13/2007 - NOA1

03/24/2007 - Touched

04/07/2007 - Touched

04/19/2007 - Called VSC again - was told my petition was on someone's desk waiting for an RFE clerical entry

04/20/2007 - RFE via website stating they mailed via snail mail- no clue what they need or want

04/23/2007 - Touched ??? the monday after RFE? Why?

05/02/2007 - RFE received (10 days to receive RFE in mail! UGH!!!!)

05/14/2007 - Evidence delivered fedex signed for by A.Scott

05/15/2007 - Touched - Evidence received.

05/16/2007 - Touched

05/17/2007 - Touched

05/18/2007 - Touched

06/04/2007 - NOA2 via website. :)

06/05/2007 - Touched

06/06/2007 - NVC Received from USCIS

06/12/2007 - NVC Left! 6 days at nvc - inluding a weekend!

08/21/2007 - Interview Date - Discovered on 06/25/2007 by looking with MOS number on Embassy website

08/22/2007 - Actual Interview date - PASSED (Interview delayed one day due to delay in medical exam results.)

08/30/2007 - Entered USA @ JFK

11/10/2007 - MARRIED!

12/28/2007 - Filed AOS, EAD, and AP

01/07/2008 - NOA1 AOS, AP, EAD

01/25/2008 - Biometrics appointment

02/25/2008 - AOS, EAD approved/received

03/18/2008 - AOS interview - Approved!

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I am wondering if there has been anyone here filing a K-1 for a fiancee and been denied even before an NOA2 is granted.

I am curious and did a search but did not see a denial of a K-1 on the USA side in the results. Is this even possible? It seems that everyone gets approved however some people have been delayed.

I received an RFE April 20, so I don't know what they are requesting yet. Maybe my income? I sent taxes for 2003, 2004, and 2005 but did not send 2006. Maybe they want that? I think I'll go nuts trying to guess so I'll stop now.

Sorry... going a little crazy here worrying about the process. I have some criminal history issues including a recent DWI. No felonies but all criminal issues look bad on paper. Can this cause a denial? Or will I possibly be delayed with waivers? I do have a lawyer and they said my packet looked good.

Ugh... Please do not flame me because of my criminal record. I am living a different life now and most issues were over 12 years ago.

A k-1 petition can be denied adn has happened here. The reason is for not meeting the requirement- being a US citizen and having met in the last 2 years. If you meet these requirements and have the evidence to support this, you will get the approval.

You will not get denied because of your record. It does sometimes trigger a longer process. Esp if the record requires you to check yes on the Imbra questions. I know VSC sets the expectation that you will be approved quickly and while yo have gone much less than the CSC filers, it feels like a long time esp when you see others getting such quick approvals.

Hang in there. Other VJers have gone through VSC and processing took a long time, but they came out through ont he other end and ar wth their SOs.

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

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I am wondering if there has been anyone here filing a K-1 for a fiancee and been denied even before an NOA2 is granted.

I am curious and did a search but did not see a denial of a K-1 on the USA side in the results. Is this even possible? It seems that everyone gets approved however some people have been delayed.

I received an RFE April 20, so I don't know what they are requesting yet. Maybe my income? I sent taxes for 2003, 2004, and 2005 but did not send 2006. Maybe they want that? I think I'll go nuts trying to guess so I'll stop now.

Sorry... going a little crazy here worrying about the process. I have some criminal history issues including a recent DWI. No felonies but all criminal issues look bad on paper. Can this cause a denial? Or will I possibly be delayed with waivers? I do have a lawyer and they said my packet looked good.

Ugh... Please do not flame me because of my criminal record. I am living a different life now and most issues were over 12 years ago.

MaxxumUSA,

Income is not part of the petition - not certain why you would have sent this information with your petition.

Check the RFE thread to see if anything matches your situation. RFE Master List

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Filed: Timeline

I found this on a website...possible problems or reasons for denial:

1. Missing documents

2. Incorrect paperwork

3. Insufficient income/savings of the U.S. citizen sponsor

4. Very large age difference between the couple

5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country

6. Poor English skills of fiancee

7. Couple hasn’t spent enough time together in person

8. Couple lacks sufficient evidence of recent day-to-day contact

9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen

10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making

11. Fiancee was previously in the U.S. and overstayed the visa

12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status

13. Fiancee has a criminal record

14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)

15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)

16. Petition includes a document that is deemed to be fraudulent

usualy they deny at the interwiew if u got any problems...they can deny at USCIS if they think your relationship was not for real(no evidence and other stuff)

good luck :thumbs:

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