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x_driven_x Community Regular

x_driven_x   1,778

Posted
Filed: K-1 Visa Country: Ukraine
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Posted
16 minutes ago, azblk said:

No you are wrong about that. Read up on the matter of Battista .

 

https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html

 

https://www.hooyou.com/familybased/exceptions.html

 

The appeal appears to be based on the disagreement that intent was present; not that intent should be ignored. The panel didn't believe there was intent. Intent is a very valid reason to deny, because misrepresentation can get you a lifetime ban; you have to be able to prove there was no intent which can be a tricky part.

 

Which basically means, stick to your story or lie, yeah you can come without intent and make impulsive decisions to get married and be ok. And it might be the case in OP, but they are still at risk if USCIS believes there was intent, depends on the whole picture I guess.

 

Though I have to say, I can't believe we incentivize bad behavior. 

 

 

K1 / K2 Visa

Service Center: California Service Center

Consulate: Kyiv, Ukriane

 

I-129-F mailed to USCIS 2017-11-10

Case Status received (NOA1) by USCIS: 2017-11-14

Check cashed: 2017-11-17

Case Received Email Notification: 2017-11-17

Case status available on myUSCIS: 2017-11-20

NOA1 Hardcopy received by mail: 2017-11-24

NOA2 Approval (204 days): 2018-06-06

Approval status updated on  new website: 2018-06-08

-- no updates on old website, no text, no email --

NOA2 Hardcopy received by mail: 2018-06-12

NVC Case Number Generated (21 days since NOA2): 2018-06-27

Case Left NVC: 2018-07-10 (13 days at NVC)

Case Received by Embassy: 2018-07-12 (2 days travel time!)

Medical Exam: 2018-07-16

Interview: 2018-08-08 (Approved)

Entry: 2018-09-19 (Chicago POE)

Marriage: 2018-10-12

 

"New" Case Status website: https://myaccount.uscis.dhs.gov/

"Old" Case Status website: https://egov.uscis.gov/casestatus/landing.do

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