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Leilajohns73

Next steps right after being denied for a K-1

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Filed: R-1 Visa Country: Ghana
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On 11/19/2018 at 12:57 PM, Mrsamoah2018 said:

Sorry to hear this...reason why I didn't do a K1......file a CR1 and make more visits and u should be fine. Next month will be my 3rd trip. I pray to God that is enough to satisfy them

Congratulations on ur approval. Try to make more trips. I'll be going there in April which wi make my 5th trip and 6th tril wi be for the interview. I believe that we will be fine. If u cant make more trip before the interview, just frontload with good evidence 

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  • 1 month later...
Filed: K-1 Visa Country: Ghana
Timeline

Sorry about the denial, it’s hard but know you’re not alone. Ghana is considered a high fraud country. Writing to your Congress man or woman will not help...I’ve done it all. I agree with everyone on here, you must go and get married and apply for CR1. I met with a US immigration lawyer who is Ghanaian who happened to be in Ghana at the time. He gave me really good advice. K1 is a waste of money if you don’t have a strong case, no red flags etc., visit frequently, and when you get married, they automatically believe that Ghanaians like big weddings, so details and people in photos are important. I got married at AMA with four witnesses, then went to church on Sunday for blessing of the marriage. I took pics of everything and made sure though I was stress and depressed about the denial, I smiled and had fun.

Edited by OhBoye
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  • 1 month later...

Good morning ,am Jacob from Ghana,am going through some difficulties in my 
K1 visa application,am very confused and I don’t know my chances now.i will be very grateful if u could assist me.
me and my fiancé are very frustrated.after my successful interview on 10th January which the consular approved me, I recieved a ds 5535 form on 14th January, I filed and submitted on 18th January.On 29th January I recieved another email telling me to submit a financial documents and affidavit of support from of my fiancé to overcome INA 212 4a refusal,I filed and delivered  it to the DHL..I haven’t received a any update and my status is on administrative processing....Thank you

Edited by Jake4566
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On 11/18/2018 at 1:03 AM, O&GForever said:

First off, I am sorry you were denied. I know the heartache of that. 

 

I understand it’s difficult and expensive to travel to Ghana a bunch, but it’s something you need to do in order to be successful in Ghana especially if you have a red flag like a big age difference. My now husband is older than me, so we didn’t have that issue and didn’t have any other red flags. Still I traveled there 5 times over 2 1/2 years in order to get him here. Time spent together is like gold to this very difficult embassy. 

 

Next steps is traveling to Ghana and getting married. This time you need to frontload with plenty of quality evidence (check my timeline to see what I submitted at each phase) and you really need to try to make at least one or two more trips there after the wedding. Best of luck. 

Before our interview,  I traveled to Ghana 3 times and each time stayed 2-3 weeks each visit and still got denied! The CO stated that he believes that we're are marrying for a green card and he thinks that our relationship is a fraud. It's going to take patience to get us thru this......

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On 11/20/2018 at 11:40 PM, Leilajohns73 said:

Yes please I am trying to do my homework on the cr-1 can't go through this hurt ever again trying to visit three times this yr,  one will be away from Ghana.....

@Leilajohns73 has your original been received at the USCIS yet? Have you consulted with the USCIS first to see what you're options are before withdrawing your K1 case? I'm in the same boat with you (age difference) as to why I really think that the CO denied us. We had more than enough evidence, chats call logs and visits for our petion to have not been denied. Please let me know and if it's ok, let's connect outside of this forum to be supportive of each other. Thanks 

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42 minutes ago, Ramona M said:

@Leilajohns73 has your original been received at the USCIS yet? Have you consulted with the USCIS first to see what you're options are before withdrawing your K1 case? I'm in the same boat with you (age difference) as to why I really think that the CO denied us. We had more than enough evidence, chats call logs and visits for our petion to have not been denied.

A returned I-129F will not be reviewed by USCIS. USCIS cannot provide legal advice (i.e. what steps to take next). The K-1 is dead.

 

Note that no relationship evidence is considered with an I-129F. You could provide none at all and the petition would be approved anyway. The relationship evidence is useful for the embassy stage, and sending it with the I-129F means the CO sees it beforehand instead of at the interview.

To be clear, I'm not suggesting that anybody not frontload the I-129F with Ghana, just that the petition being approved had nothing to do with any relationship evidence provided with it.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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29 minutes ago, geowrian said:

A returned I-129F will not be reviewed by USCIS. USCIS cannot provide legal advice (i.e. what steps to take next). The K-1 is dead.

 

Note that no relationship evidence is considered with an I-129F. You could provide none at all and the petition would be approved anyway. The relationship evidence is useful for the embassy stage, and sending it with the I-129F means the CO sees it beforehand instead of at the interview.

To be clear, I'm not suggesting that anybody not frontload the I-129F with Ghana, just that the petition being approved had nothing to do with any relationship evidence provided with it.

So then why do they (the Embassy) suggest "supporting evidence" if they aren't going to look at it? Doesn't make any sense. Seems like I've heard different responses as to what the next step(s) should be.  My best bet is to reach out to the USCIS when I get back to the states. 

Edited by Ramona M
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2 minutes ago, Ramona M said:

So then why do they (the Embassy) suggest "supporting evidence" if they aren't going to look at it? Doesn't make any sense. Seems like I've heard different responses as to what the next step(s) should be.  My best bet is to reach out to the USCIS when I get back to the states. 

One shouldn't be able to deny someone's love based on what was originally submitted. A lot of things does transpire after a petition is submitted. Most build on their relationship (at least they should) after that and that's what the supporting or additional evidence is and should be considered. Don't just assume that someone is committing fraud just because of where their loved on is!

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Filed: K-1 Visa Country: Wales
Timeline

Where have you see different response?

 

K1's are returned and expire.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

You have lost me, you know what will happen so that will happen.

 

And what does resources mean, Facebook?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

I went through the K1.

 

I am not sure what information you are talking about, just so the situation is clear to anybody else going through this issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ghana
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1 hour ago, Ramona M said:

So then why do they (the Embassy) suggest "supporting evidence" if they aren't going to look at it? Doesn't make any sense. Seems like I've heard different responses as to what the next step(s) should be.  My best bet is to reach out to the USCIS when I get back to the states. 

First off, I am sorry you are going through this. Our K1 was denied in 2015, so I know the pain and frustration you're feeling. We were denied based on 2 pictures submitted at the interview. I can tell you first hand they do look over the evidence...maybe not in front of you...but they do. Both of my husbands interviews and many of my friends on here had questions or finding for those denied a CR1 that came directly from evidence submitted a different phases in the process. 

 

Second, USCIS is not your best bet. They won't be able to tell you anything. It will take some time for the embassy to send your case back to them and even then it's likely they won't be able to give you answers. I would recommend reaching out to your Senator or Congressman and ask them to put in a inquiry with the embassy to see if they can get you some answers. Likely they will be told they don't believe your relationship is genuine, but they could get more. We were fortunate to be given the exact reason behind our denial. 

 

Your next steps would be to either reapply for a K1 which I don't recommend or get married in Ghana and apply for the CR1. That said simply getting married isn't enough to get a visa approved. You need to know the reasons they have concerns about your relationship. If you don't mind sharing, can you tell me the exact questions they asked your fiance? Sometimes people on here can help you figure out the concerns to help strengthen your case better. 

 

Again I am so sorry. I know its frustrating. Keep in mind that people on here are just trying to help. Many have years of experience and while their answers may not be what you want to hear, they know what they are talking about. 

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