K1 visa returned to NVC

[sangthanh.le 0]

Good morning everyone, just needed some clarification. what happens if our case was returned to NVC? does it mean it was denied? 

 

a little background and our story so far. I met my fiance Ngoc back in December 2014 when my uncle in Vietnam introduced us,afterwards  we spent most of 2015 casually talking and chatting back and forth, until i went back in 2016 to ask her to get married to her.  shortly later in 2016 when i returned to the states i filed for K-1 visa in which we didn't get a approval letter until January 2017. While we waited for our interview date we decided to hold a engagement ceremony in vietnam and invited all of our friends and family to attended on February 5, 2017. We finally had a interview date in April 21, 2017, in which we got denied and received a 221g Blue slip requested for more information on our family tree, and how we met. We submitted the requested information a week later on April 28, 2017 and enter Administrative process. At the time while waiting and waiting, I went back and forth from the states to Vietnam to spend time with my fiance, her family and her friends. We did some traveling together, alone and with our family. Our latest trip in December 2017 we spent a fun 22 days together before I had to return to the states for work in January 3, 2018. After finally get a 2nd phone interview in April 3, 2018, in which we still got no response and after checking the visa status online on April 13,2018 it says the case had returned to NVC.

 

I visited her a total of 3 times after we started our K1 visa, we took many trips together, staying at hotels, airline tickets, tours, had a big engagement ceremony and pictures. I even included her when I filed my tax as joint and we have a chance to get denied? all of this wait and games and administrative process with no clear information is exhausting  and taking a toll on us.

Edited April 13, 2018 by sangthanh.le

[Going through 5,668]

57 minutes ago, sangthanh.le said:

I visited her a total of 3 times after we started our K1 visa, we took many trips together, staying at hotels, airline tickets, tours, had a big engagement ceremony and pictures. I even included her when I filed my tax as joint and we have a chance to get denied?

From what you've said here---sounds like CO thought the two of you are "too married" to file for the K1...which happens more frequently than you may think.

Most likely your case will be eventually returned to USCIS to expire.

 

Claiming her on your taxes as a dependent is only if she meets qualifying criteria (one of which she must have resided with you for the entire year). Filing taxes jointly with her was a mistake on your part, as you are claiming to be legally married to do that.

Edited April 13, 2018 by Going through

[sangthanh.le 0]

I've only filed as joint due to my tax attorney, since i been supporting her every month, so were pretty much out of luck? , is there anything we can do?

 

thank you for the quick reply

Edited April 13, 2018 by sangthanh.le

[Going through 5,668]

 

 

1 hour ago, sangthanh.le said:

We finally had a interview date in April 21, 2017, in which we got denied and received a 221g Blue slip requested for more information on our family tree, and how we met.

How did the two of you meet?  

 

CR-1 spouse visa is a good option in the future.

[Going through 5,668]

 

10 minutes ago, sangthanh.le said:

I've only filed as joint due to my tax attorney, since i been supporting her every month, so were pretty much out of luck? , is there anything we can do?

 

thank you for the quick reply

On your taxes, did you claim to be married?  Or claim her as a dependent?

Edited April 13, 2018 by Going through

[sangthanh.le 0]

claimed her as a dependent, we met when i was on vacation with my family in 2014. My uncle who lives in vietnam had introduced me to her and we started from there.

Edited April 13, 2018 by sangthanh.le

[NikLR 13,220]

Suggest you get married and start over.  K1 petitions are never looked at again regardless of what they tell you since they have an expiration date on the NOA2. 

[Going through 5,668]

3 minutes ago, sangthanh.le said:

claimed her as a dependent,

Ok you had said "filed my tax as joint" which is different than claiming someone as a dependent.

 

To claim a girlfriend/fiancee as a dependent, one of the criteria is that she must have lived in your household with you for the entire calendar year.  Since she resides out of the country, natural assumption is that she did not meet this qualification.  I'm kind of surprised your tax attorney advised you to claim her.

[sangthanh.le 0]

guess the only options are to wait for the denied letter, then get married and refile, thank you both for the replies

Edited April 13, 2018 by sangthanh.le

[Going through 5,668]

1 minute ago, sangthanh.le said:

guess the only options are to wait for the denied letter, then get married and refile 

The good news is that you do have an option.  Best of luck.

[NikLR 13,220]

6 minutes ago, sangthanh.le said:

guess the only options are to wait for the denied letter, then get married and refile, thank you both for the replies

You don't even have to wait for that letter.  Just start planning the wedding now.  I'm sure she'll want something interesting since her family will be able to attend at this point.

[sangthanh.le 0]

well we have been planning it for awhile when she arrives to the states, we just have to make some adjustments and have it over there in vietnam instead, then refile.

[Crazy Cat 39,227]

Your K-1 is dead.  I suggest you withdraw it, marry her legally in her country, and file CR-1.   It will take another 12-14 months after filing.....

Edited April 13, 2018 by missileman

[Liam2021 551]

You got a big mistake since doing the ceremony. Your only choice right now is getting married in VN and filled for CR1. If you have any questions ,just send me a message and I'm happy to help you. The whole processing time is a real challenge.

[Crazy Cat 39,227]

1 hour ago, sangthanh.le said:

claimed her as a dependent, we met when i was on vacation with my family in 2014. My uncle who lives in vietnam had introduced me to her and we started from there.

Not legal.  I find it difficult to believe that a professional told you to do this.