Denial at uscis

[debbiedoo 2,339]

@geowrian @pushbrk ?? appeal for a K1 denial?

[geowrian 22,335]

55 minutes ago, analyncortez32 said:

The attorney said it had to be recorded and she gave my fiance the minute order from the judge that says the marriage was terminated. 

Your attorney jumped the gun if they suggested filing before having the divorce was recorded.

Edited October 14, 2018 by geowrian

[analyncortez32 3]

4 minutes ago, debbiedoo said:

file for another K1 after you get the denial. you can even submit a letter to withdraw it. or marry, and file a CR1.

 

you have options, but all will take time and $.

I dont think we would go through the same process and back to long ditance relationship again. And get frustrated waiting. Life is too short. We wasted our time and money on this. Our love isnt enough to fight for this anymore. I am crying again. 

[analyncortez32 3]

1 minute ago, geowrian said:

Your attorney jumped the gun if they suggested filing before having the divorce was recorded.

Yes that attorney of him was a scumbag and earned a lot of money for 2 years. 

[geowrian 22,335]

24 minutes ago, analyncortez32 said:

Okay. They said over the phone there should be recourse. And we can still appeal. The attorney made a mistake giving us information about his divorce date. Its the first time he got divorced and filing for k1 visa. We had no idea about it. And we used that crapidvisa to help us with the process but they just made it worse. They said that court order is acceptable to be a divorce decree. We should have hired an immigration lawyer and waited for the final divorce decree. Now we are devastated and may just separate ways. 

7 minutes ago, debbiedoo said:

for CR1 there is. im not aware of one for k1?

An appeal for a denied petition is available (not a returned one for a K-1 visa).

That said, there needs to be a basis for the appeal showing that USCIS made an error. It sounds like USCIS did not make an error...the attorney and "helpful" agency did.

 

Edit: Just to clarify, the appeal is on the petition, not the visa.

Edited October 14, 2018 by geowrian

[Boiler 43,359]

Helpful Agency?

 

Do I need to guess....

[analyncortez32 3]

5 minutes ago, geowrian said:

An appeal for a denied petition is available (not a returned one for a K-1 visa).

That said, there needs to be a basis for the appeal showing that USCIS made an error. It sounds like USCIS did not make an error...the attorney and "helpful" agency did.

 

Edit: Just to clarify, the appeal is on the petition, not the visa.

They got denied by uscis too. They got rfe but didnt not send in the divorce decree with the rfe. They made an appeal and won and now theyre approved. After 3 months

[debbiedoo 2,339]

1 minute ago, analyncortez32 said:

They got denied by uscis too. They got rfe but didnt not send in the divorce decree with the rfe. They made an appeal and won and now theyre approved. After 3 months

but was the decree dated BEFORE their petition date? responding to an RFE (even if incorrectly) is not the same as not being eligible to file in the first place

[Mr & Mrs 53]

1 hour ago, analyncortez32 said:

We sent in the stuffs they needed. How could they deny us? 

How sure are the tiers reliable? Because both tiers were saying different things

Tier 2 is very reliable ,if another tier 2 didn't told you about ur denial he then just basically dont want to disclosed all information but other tier 2 representative gave you the inside story like all tier 2 won't tell you exactly but other agent gave you the answer .Since you said your fiance divorce decree got final after your petition date ,this is undoubtedly or without any reason  denial because this is the first clause when you file for either k1 or finace that you should be FREE of any relationship while you file for either k1 or CR1 Just re-apply and even if you re-appeal ,result gonna be same so just re-file.

Edited October 14, 2018 by Mr & Mrs

[geowrian 22,335]

30 minutes ago, analyncortez32 said:

They got denied by uscis too. They got rfe but didnt not send in the divorce decree with the rfe. They made an appeal and won and now theyre approved. After 3 months

They = ?

"Didn't not send"?

[analyncortez32 3]

4 minutes ago, geowrian said:

They = ?

"Didn't not send"?

Typo error. No need to be a grammar police here. Its understandable. 

[geowrian 22,335]

28 minutes ago, analyncortez32 said:

Typo error. No need to be a grammar police here. Its understandable. 

Wasn't understandable to me.

[pushbrk 12,081]

4 hours ago, debbiedoo said:

@geowrian @pushbrk ?? appeal for a K1 denial?

If they were denied for one of them not being free to marry when the petition was filed, then there would be no grounds for appeal.  File again and do it right this time.  Check that certified copy of divorce decree.  What date does it say the divorce was final?  Forget about what you "thought" or the "lawyer told you".  What does the decree itself say?

[Shiran 1,134]

They haven't received any denial letter yet, this is very speculative at this point. If I understood this right (and it is a bit hard to understand) the petition got kicked up to supervisor who is reviewing the provided RFE information now, and will make a call based on that. In California this applies

Quote

This Order (Judgment) will state the termination date of the marriage. Often in divorce cases we file, the termination date is in the future. When the termination date on the Judgment passes, the parties marriage is officially terminated. At this point, either party is free to remarry. The court will not send out any other notices after the termination date passes.

On the example that OP posted though I do not the termination date of marriage stated, it is like they forgot to fill it in, leaving hanging sentence. 

[analyncortez32 3]

19 hours ago, geowrian said:

Wasn't understandable to me.

Then dont bother responding here. Because most people understand