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analyncortez32

Refiling for k1 visa denied by uscis

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Filed: K-1 Visa Country: Philippines
Timeline

Who among you got denied by uscis and refiled for k1 visa? Is it any faster to refile since they did already background check? 

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Filed: K-1 Visa Country: Ukraine
Timeline
6 minutes ago, analyncortez32 said:

Who among you got denied by uscis and refiled for k1 visa? Is it any faster to refile since they did already background check? 

if your k-1 was denied, best is to not refile a k-1 and start from 0 with a CR-1, just my 2 cents

 

There is another VJ @John & Rose he might be more informed as what is best way to either refile or just start CR-1

8/7/2017                    NOA-1

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3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

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4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

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7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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30 minutes ago, analyncortez32 said:

Who among you got denied by uscis and refiled for k1 visa? Is it any faster to refile since they did already background check? 

It probably won't be any faster.  They actually only look at each petition for about 15 to 20 minutes.  It takes 6 months to have them even pick up the file.  Your previous denial will not impact the next petition.  It is your choice to choose another K-1 or a CR-1.  Both are generally about the same timeline.  There was one K-1 approved today that only took 5 months.  That was the petitioners 3rd petition.  

 

So if he wants to go to the Philippines to marry you he will be waiting for his wife.  If you file the K-1 he will be waiting for his fiancee.  Honestly, the timeline for a petition is what it is.  Expect 6 to 8 for NOA2 for either type of petition.  After that it is 1 to 2 months for K-1 or 2 to 4 months average for CR-1 to POE.  Don't expect it to be quicker than that.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

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3 minutes ago, geowrian said:

Also, USCIS did not deny a visa. They don't handle visas. The visa would have been refused by the embassy/consulate. A petition would be approved or not by USCIS.

 

Was a visa denied or the petition denied? Why was it denied?

The petition was denied by USCIS because they did not meet the requirements for filing.  RV was involved in this one too.  They are good people who were a little too anxious to file.

Edited by John & Rose

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Filed: K-1 Visa Country: Philippines
Timeline
46 minutes ago, Alabamak1 said:

if your k-1 was denied, best is to not refile a k-1 and start from 0 with a CR-1, just my 2 cents

 

There is another VJ @John & Rose he might be more informed as what is best way to either refile or just start CR-1

The petition got denied by uscis sorry. He was not legally free to marry when he filed for it. That denied his petition 

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Filed: K-1 Visa Country: Philippines
Timeline
47 minutes ago, Alabamak1 said:

if your k-1 was denied, best is to not refile a k-1 and start from 0 with a CR-1, just my 2 cents

 

There is another VJ @John & Rose he might be more informed as what is best way to either refile or just start CR-1

Some people suggested to refile k1 visa because you can always refile but if you get denied in spousal visa theres no other chance. And the problem was not so serious. He is divorced now 100 percent

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Filed: K-1 Visa Country: Philippines
Timeline
56 minutes ago, little immigrant said:

First why was it denied? And what will you do differently this time? 

Its just he was not divorced before filing for it

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Filed: K-1 Visa Country: Ukraine
Timeline
Just now, analyncortez32 said:

Some people suggested to refile k1 visa because you can always refile but if you get denied in spousal visa theres no other chance. And the problem was not so serious. He is divorced now 100 percent

with current timelines for k-1, i'd follow other Vj's suggestions and file CR-1. A well prepared file for spousal visa has also good chances and saves time and money. Nobody can guarantee anything, since the embassy is the one issuing the Visa.

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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9 minutes ago, Shiran said:

I see the suggestion to file for CR1 quite often, there is usual (and correct!) argument about Green card advantage, cheaper in long term, being able to work etc. But! That only applies if there is actual happy ever after. Regardless how much we want it, things don't always go perfectly, K-1 has "intent to marry" but also allows for brief "let's see how things are when we are actually living together" period, which some people (especially those who could not travel frequently) might lack and might benefit from. Especially in the cases like that, where it seemed person didn't initially even want to refile.

Well stated!  Maybe the K-1 is a better choice for them because they have that easy out if they decide not to stay together.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Filed: K-1 Visa Country: Philippines
Timeline
15 minutes ago, Shiran said:

I see the suggestion to file for CR1 quite often, there is usual (and correct!) argument about Green card advantage, cheaper in long term, being able to work etc. But! That only applies if there is actual happy ever after. Regardless how much we want it, things don't always go perfectly, K-1 has "intent to marry" but also allows for brief "let's see how things are when we are actually living together" period, which some people (especially those who could not travel frequently) might lack and might benefit from. Especially in the cases like that, where it seemed person didn't initially even want to refile.

😭😭😭😭

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