K1 denied at Embassy. When to get married?

[hope00012 1]

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? 

[Ben&Zian 4,397]

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.

[hope00012 1]

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.

[hope00012 1]

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?

[Ben&Zian 4,397]

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 January 10, 2019 by Ben&Zian

[Just Paul 4,591]

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.

[hope00012 1]

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 January 10, 2019 by hope00012

[hope00012 1]

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?

[Just Paul 4,591]

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.

[hope00012 1]

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?

[Just Paul 4,591]

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?

[geowrian 22,335]

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.

[hope00012 1]

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 January 10, 2019 by hope00012

[hope00012 1]

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. 

[hope00012 1]

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.