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K1 Visa denied at Phnom Penh Cambodia Embassy, questions and concerns on what to do next. (merged)

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Filed: K-1 Visa Country: Wales
Timeline

I have seen many refused K1's who have gone the CR1 route

“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: IR-1/CR-1 Visa Country: Cambodia
Timeline

I made a post a little while back about our K1 denial. Sorry if this question should of just been a continuation of that thread. 

 

I received an email from the Embassy that says this. 

 

[Dear Mr. Redacted 

 

Thank you for your email.

 

A review of our records indicates Ms. Redacted was interviewed on March 21, 2019, and the visa was not issued. The interviewing officer was unable to determine the claimed relationship between you and Ms. Redacted was genuine nor confirm their intent to marry in the United States. The Consular Chief concurred with the interviewing officer’s decision, concluding the adjudication was conducted in accordance with U.S. Immigration law. The case is in the process of returning to U.S. Citizenship and Immigration Services (USCIS) for possible revocation, and no additional evidence will be accepted in support of the visa application at this time. Should you have additional questions on this case, you will need to contact USCIS for information.

 

Per USCIS, returned I-129F petitions for K-1 classification from the Department of State (DOS) which have expired in accordance with 8 CFR214.2(k)(5) will remain expired, and USCIS will not reaffirm or reopen the petition. Please note this does not preclude the petitioner from filing another petition.

 

We hope this information is helpful.]

 

 

 

So, that was from me personally emailing them and asking for justification of the denial. Reading about this, it will get sent back and I will get a NOIR I can argue with more proof of the relationship. I have plans to go out again April 10th to see her and go visit Thailand maybe or somewhere close by as a vacation together. Since Khmer new year is the 13th, she will have extra days off work. 

 

My main questions are, after coming back, would it be wise to either wait for the NOIR or withdraw the petition and re apply for a K1? 

 

I've contemplated going there and just getting married,  but that will require me to be there for at least a month. And would also require my job to allow me unpaid time off while gone. 

 

Considering her denial letter was a 221g, but also at the bottom stated grounds of fraud and misrepresentation. If I withdraw without arguing the NOIR, will that immediately hit her with a Fraud or misrepresentation? I have all supporting legal documents to show nothing said was a lie, it was just a paperwork mix up with mothers current and maiden name. She said current legal name and current address. I-129f has maiden and city of birth. I wont go into it too much, I did make a whole post about the situation.  

 

My main questions/concerns are about re applying or waiting for the NOIR, I should be getting one of those for a K1 correct? It stated the petition being sent back, but didn't clarify about a NOIR. Since I plan to go visit her the 10th, and will have a whole bunch of new pictures, her coworkers and boss know of us, I never met her boss, but she wants to introduce me to him when I get there, she said if we need a letter from him at least stating he is aware of our relationship and her intentions to marry in the U.S, this is all stuff I can send to fight a NOIR and try for a second interview to show we really love each other and are going through great lengths to show the Consulate we just want to get married and start a family. 

 

So this will be my second visit, for another 13 days. I can get 13 or so days paid each year at my workplace, so I use them to visit her. 

 

Sorry for a wall of text, I can go into any other details if anyone needs clarification on anything I didn't post or overlooked since I am writing this on my break at work.

Thank you. 

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Filed: Citizen (apr) Country: Canada
Timeline

I've asked the Mods to merge this thread with your existing one here which gives the full background story

 

 

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

A denied K1 is not able to be appealed.  It will be sent back and left to expire.  You will not receive a second interview.  Never heard of a NOIR received for a denied K1 (that is usually for visas that have been approved/issued and are being revoked---not for visas that were denied from the outset, as yours was).

 

The letter above that you posted also specifically says that no additional evidence will be accepted in support of the (denied) K1...not sure what you think you are able to "argue with  more proof" of at this point.

 

Your best course of action at this point is to marry and file the CR-1 spouse visa.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: K-1 Visa Country: Wales
Timeline
6 minutes ago, Going through said:

I've asked the Mods to merge this thread with your existing one here which gives the full background story

 

 

Also I would add please read the prior thread that also answered your questions.

 

Also please read the reply you obtained from the Consulate which also said what would happen.

“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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  • millefleur changed the title to K1 Visa denied at Phnom Penh Cambodia Embassy, questions and concerns on what to do next. (merged)
Filed: Citizen (apr) Country: Russia
Timeline

**Similar threads merged; topic is continuation and follow up from original thread. Please keep all related questions regarding this case to this thread.**

 

VJ Moderation

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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Filed: IR-1/CR-1 Visa Country: Cambodia
Timeline
1 hour ago, Going through said:

A denied K1 is not able to be appealed.  It will be sent back and left to expire.  You will not receive a second interview.  Never heard of a NOIR received for a denied K1 (that is usually for visas that have been approved/issued and are being revoked---not for visas that were denied from the outset, as yours was).

 

The letter above that you posted also specifically says that no additional evidence will be accepted in support of the (denied) K1...not sure what you think you are able to "argue with  more proof" of at this point.

 

Your best course of action at this point is to marry and file the CR-1 spouse visa.

What I am mainly wondering is that if I would re apply as K1 or CR1, I would have to withdraw the current petition correct? Or can I file another petition while this one would be "left to expire"? 

 

Would that hit her with a ban once I ask them to cancel this current petition, is it worth the time and money to reapply, if she is only going to have a bar on her anyway? I'm sorry this is so confusing for me,  I am stressed out, I am trying me best to just get her here with me the right way. 

 

It's frustrating that I have a denial that just states " belief of false statements in the petition", how could I just figure out the exact issue? This could all be fixed in a refile, but I still have no idea what will happen. I know from other people posting I can refile at anytime. 

 

Do I just take it at face value that if the email states I can re apply and it doesn't mention grounds of fraud and material misrepresentation,  than we wont have to worry about her having a bar. 

 

Again I apologize,  but I'm just running myself ragged trying to figure everything out.

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Filed: Citizen (apr) Country: Canada
Timeline

 

3 hours ago, Dataunavailable said:

What I am mainly wondering is that if I would re apply as K1 or CR1, I would have to withdraw the current petition correct? Or can I file another petition while this one would be "left to expire"? 

 

Would that hit her with a ban once I ask them to cancel this current petition, is it worth the time and money to reapply, if she is only going to have a bar on her anyway? I'm sorry this is so confusing for me,  I am stressed out, I am trying me best to just get her here with me the right way. 

 

It's frustrating that I have a denial that just states " belief of false statements in the petition", how could I just figure out the exact issue? This could all be fixed in a refile, but I still have no idea what will happen. I know from other people posting I can refile at anytime. 

 

Do I just take it at face value that if the email states I can re apply and it doesn't mention grounds of fraud and material misrepresentation,  than we wont have to worry about her having a bar. 

 

Again I apologize,  but I'm just running myself ragged trying to figure everything out.

I believe most of the above questions were already answered in this thread...you may want to re-read it.

 

 

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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