Jump to content
hope00012

K1 denied at Embassy. When to get married?

44 posts in this topic

Recommended Posts

Hi,

 

My brother's fiancee was denied the K1 visa. She is not even sure why and what happened. They just said they will send the application back to USCIS.

My brother is with her for a few more days so they are planning to just get married and do a CR1. Do they need to wait to hear back from the USCIS before they can get married or to start the CR1 process? Do they need to withdraw the application even after getting denied at the embassy? 

Share this post


Link to post
Share on other sites
3 minutes ago, hope00012 said:

Hi,

 

My brother's fiancee was denied the K1 visa. She is not even sure why and what happened. They just said they will send the application back to USCIS.

My brother is with her for a few more days so they are planning to just get married and do a CR1. Do they need to wait to hear back from the USCIS before they can get married or to start the CR1 process? Do they need to withdraw the application even after getting denied at the embassy? 

 

Can marry whenever honestly.

 

Ensure the visa was actually denied and petition will be returned to USCIS... make sure they didn't actually just ask for other documents or put into AP, these are sometimes called "temporary denials" until all documents or checks are done.

 

If it was in fact sent back to USCIS, the USC should write to USCIS and officially withdraw/cancel the petition before applying for the CR-1. Don't wait for the expiration or notice (if you even get one) cause could be months.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

Share this post


Link to post
Share on other sites
1 minute ago, Ben&Zian said:

 

Can marry whenever honestly.

 

Ensure the visa was actually denied and petition will be returned to USCIS... make sure they didn't actually just ask for other documents or put into AP, these are sometimes called "temporary denials" until all documents or checks are done.

 

If it was in fact sent back to USCIS, the USC should write to USCIS and officially withdraw/cancel the petition before applying for the CR-1. Don't wait for the expiration or notice (if you even get one) cause could be months.

Thank you so much! How do they confirm this information? She was told that they will return the petition.

Share this post


Link to post
Share on other sites
10 minutes ago, Ben&Zian said:

 

Can marry whenever honestly.

 

Ensure the visa was actually denied and petition will be returned to USCIS... make sure they didn't actually just ask for other documents or put into AP, these are sometimes called "temporary denials" until all documents or checks are done.

 

If it was in fact sent back to USCIS, the USC should write to USCIS and officially withdraw/cancel the petition before applying for the CR-1. Don't wait for the expiration or notice (if you even get one) cause could be months.

And also after he writes the letter, does he need to wait for their reply before starting the CR1 process?

Share this post


Link to post
Share on other sites
9 minutes ago, hope00012 said:

Thank you so much! How do they confirm this information? She was told that they will return the petition.

 

Did they receive any paper stating such? Generally if they are told that, that's the case, just again want to make sure that is what's happening before marrying otherwise they mess up the K-1 visa option.

 

Also, why was it denied? Any reason given or idea as to why? They need to address whatever it is because just marrying doesn't guarantee anything. Same issue can come back up and cause another denial.

 

I would wait for at least a confirmation of them receiving the notice to cancel/withdraw it, but not sure how long that could take.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

Share this post


Link to post
Share on other sites
4 minutes ago, hope00012 said:

And also after he writes the letter, does he need to wait for their reply before starting the CR1 process?

No and they can include a copy of the leyter with the I-130/I-130A.

 

What embassy / consulate did they interview in?

 

It is strange she didn't get any feeling for why it was denied or a slip.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

Share this post


Link to post
Share on other sites
8 minutes ago, Ben&Zian said:

 

Did they receive any paper stating such? Generally if they are told that, that's the case, just again want to make sure that is what's happening before marrying otherwise they mess up the K-1 visa option.

 

Also, why was it denied? Any reason given or idea as to why? They need to address whatever it is because just marrying doesn't guarantee anything. Same issue can come back up and cause another denial.

 

I would wait for at least a confirmation of them receiving the notice to cancel/withdraw it, but not sure how long that could take.

They did not get any paper. They just told her to take her passport and birth certificate back. You are saying that they get a paper for denials or they get a paper when its going to AP?

 

They gave no reason for denial. They didn't even look at all the documents and pictures apparently. So strange.

Edited by hope00012

Share this post


Link to post
Share on other sites
1 minute ago, Paul & Mary said:

No and they can include a copy of the leyter with the I-130/I-130A.

 

What embassy / consulate did they interview in?

 

It is strange she didn't get any feeling for why it was denied or a slip.

It is the Islamabad embassy in Pakistan. They did not say anything. Just asked them to collect their documents. Would they give a slip for denial, for AP or both?

Share this post


Link to post
Share on other sites
1 minute ago, hope00012 said:

Just asked them to collect their documents

Collect additional documents?  If so then they need to submit those documents.

 

Usually there is a slip given out for 221(g).  If the case goes back to USCIS the petitioner should bet an email or letter.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

Share this post


Link to post
Share on other sites
2 minutes ago, Paul & Mary said:

Collect additional documents?  If so then they need to submit those documents.

 

Usually there is a slip given out for 221(g).  If the case goes back to USCIS the petitioner should bet an email or letter.

By collect i mean to take back the passport and her birth certificate. A 221g is given for AP?

Share this post


Link to post
Share on other sites
2 minutes ago, hope00012 said:

A 221g is given for AP?

Usually they tell you if it is AP.  They can give a slip too.

 

How many times have they net prior to filing the K1?   What was included in the I-129F package?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

Share this post


Link to post
Share on other sites
11 minutes ago, hope00012 said:

They gave no reason for denial. They didn't even look at all the documents and pictures apparently. So strange.

Not that strange. With Pakistan, it seems that in many cases the CO tends to have a strong opinion before the interview even starts.

 

What relationship evidence was sent with the initial petition?

How much time did they spend in person total?

Any red flags (large age gaps, difference in religions, getting engaged on the first visit, only 1 visit before filing the petition, etc.)? This can be anything outside of cultural norms.


Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

Share this post


Link to post
Share on other sites
9 minutes ago, Paul & Mary said:

Usually they tell you if it is AP.  They can give a slip too.

 

How many times have they net prior to filing the K1?   What was included in the I-129F package?

Oops, i read that wrong. They had pictures the engagement ceremony, dates, passport stamps, airline tickets and also airline tickets for the future visit which he did a little bit before the interview. Ignore the bottom paragraphs.

 

 

They have met twice. They had the i134 and i134 from a co sponsor along with all the documents like employment letter, bank statements, pay stubs, tax returns and w2s, ids. Then her birth certificate,medical, passport. They had pictures and proofs of meeting and relationship. He actually went with her to the embassay too.

Apparently they didn't even take the i134 for the co sponsor when she tried to give it to them. Maybe that's what happened. But why would they do that?

Edited by hope00012

Share this post


Link to post
Share on other sites
2 minutes ago, geowrian said:

Not that strange. With Pakistan, it seems that in many cases the CO tends to have a strong opinion before the interview even starts.

 

What relationship evidence was sent with the initial petition?

How much time did they spend in person total?

Any red flags (large age gaps, difference in religions, getting engaged on the first visit, only 1 visit before filing the petition, etc.)? This can be anything outside of cultural norms.

They were very aware of cultural norms. They actually even asked how is she going to go to USA with her fiance before she is married.

 

They did file after meeting once because it was arranged marriage and thats every normal there. I thought the requirement was to meet just once before.

 

They sent pictures of the engagement ceremony, pictures of dates, passport stamps and airline tickets. 

Share this post


Link to post
Share on other sites
9 minutes ago, geowrian said:

Not that strange. With Pakistan, it seems that in many cases the CO tends to have a strong opinion before the interview even starts.

 

What relationship evidence was sent with the initial petition?

How much time did they spend in person total?

Any red flags (large age gaps, difference in religions, getting engaged on the first visit, only 1 visit before filing the petition, etc.)? This can be anything outside of cultural norms.

Is there a way to ask them what exactly was the reason for the denial or will it just come with the USCIS notice? Which i heard takes a long time. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×