Refilling a K1 after consulate denial. Questions.

[Dataunavailable 82]

Do I need to submit anything to USCIS about our old denied petition? Or am I able to just file this new petition? 

 

Also, on the I-129f, where it asks about any other filing for anyone. It's the same person, so would I put her A # from the I797 and also, it asks for filing date. Is that the date on the I797 also? Recieved date? 

 

Thanks. 

[Umka36 781]

8 minutes ago, Dataunavailable said:

Do I need to submit anything to USCIS about our old denied petition? Or am I able to just file this new petition? 

 

Also, on the I-129f, where it asks about any other filing for anyone. It's the same person, so would I put her A # from the I797 and also, it asks for filing date. Is that the date on the I797 also? Recieved date? 

 

Thanks. 

What was the reason for the denial? Need to address that first.

[Dataunavailable 82]

1 minute ago, Umka36 said:

What was the reason for the denial? Need to address that first.

We got a 221G, they didn't believe the relationship was legitimate.  I just got back from Cambodia again and I wasnt able to get in to the Embasy, but they emailed and told me that, and also that the officer didn't believe my fiance displayed an adequate intent to marry in the US. They did say she doesn't have an ineligibility. And we can refile, but the current petition would be sent back to USCIS. 

 

The denial was back at the end of March 2019. 

[Umka36 781]

Well what are you going to do different to address this issue? You will run into the same issue at the interview stage if nothing has changed.

[Ben&Zian 4,397]

4 minutes ago, Dataunavailable said:

We got a 221G, they didn't believe the relationship was legitimate.  I just got back from Cambodia again and I wasnt able to get in to the Embasy, but they emailed and told me that, and also that the officer didn't believe my fiance displayed an adequate intent to marry in the US. They did say she doesn't have an ineligibility. And we can refile, but the current petition would be sent back to USCIS. 

 

The denial was back at the end of March 2019. 

 

So, while you can file for a new I-129f petition, yes you will have to mention the prior petition as, obviously they have it on record at all levels.

 

Also, as mentioned, if they don't believe the relationship was legit, what has changed in such a short time to fix it? Just filing again and not correcting or addressing the issue will only result in a denial. General advice is if a K-1 is denied, don't bother trying again, marry and file for a spousal visa (CR-1). But you still have to "fix" the issue or even the CR-1 van be denied if you don't.

[Roel 7,191]

If you're going to refill without actually addressing the issue - aka providing more legit proofs that your relationship is real and your fiance actually wants to marry you - then its just going to be a waste of money. 

[Just Paul 4,591]

Are there any red flags?

 

You need to address the reason(s) for the denial.

 

Instead of refiling consider  getting married and doing a spousal.  The timelines are closer today.  If you are denied again at the consulate you can appeal (reaffirm at USCIS) instead of filing a 3rd time.

[Dataunavailable 82]

43 minutes ago, Umka36 said:

Well what are you going to do different to address this issue? You will run into the same issue at the interview stage if nothing has changed.

I've been back to Cambodia since the denial to spend time with her, more pictures. And I'll be going back for the interview as well. 

[Bynx24 72]

1 hour ago, Dataunavailable said:

I've been back to Cambodia since the denial to spend time with her, more pictures. And I'll be going back for the interview as well. 

I suggest, if it's possible for you, to visit once more then filing and after going for the interview. I would wait a few months after the denial to file again and not do it so soon.

[Ontarkie 13,925]

Depending how long your last visit was I highly doubt it will be enough. Even if you go back for the interview it's not going to be enough. They already doubt your relationship and do not believe she will marry you. Both of those need to be proven wrong and the only real way is with you spending much much more time together. Now if you have other red flags you need to also address those too. 

[Dataunavailable 82]

1 hour ago, Bynx24 said:

I suggest, if it's possible for you, to visit once more then filing and after going for the interview. I would wait a few months after the denial to file again and not do it so soon.

The denial was at the end of March, I went there in May. 

 

I'm assuming it would be better to cherry pick chat logs? The first time we filed I sent about 10 pages for each month we spoke. It was a very thick book of messages and call history. 

That way they don't have a pile to look at, quality over quantity I'm trying this time. 

 

But also sending quite a bit this time as well, to cover for the denial the first time. I also didn't send pictures the first time of us kissing, foreahed, cheek. Due to culture. This time we have more of us hugging a lot and much more close together and more pictures of kissing from each other.  Which could of given the flag the first time we weren't legitimate,  but, unfortunately I just followed the USCIS guide and wasn't 100% on the intricacies of what to send. 

 

I did read up some on what people sent, but many things were conflicting. And a lot was different due to difference in cultures. I really wish I knew of this forum the first time. 

 

 

[carmel34 3,532]

4 hours ago, Dataunavailable said:

the officer didn't believe my fiance displayed an adequate intent to marry in the US

This seems to be the reason for the denial.  What questions did the officer ask her?  What were her answers?  Do more to find out how that part of the interview went, then try to address it directly next time you file, with more evidence to show that her intentions are sincere.  Have a long talk with her next time you go and visit her to figure out what went wrong in the interview to give the officer the impression that her intent to marry you was inadequate?  Spend your time on this issue if you want her to be successful next time.  One VJ member went through something similar a few months ago and asked for a Consular Review of the case via email the day the visa was denied, it was re-considered and approved.  His fiancee was nervous, spoke softly, and did not understand the questions very well, so the officer interpreted this as a concern about their relationship so denied it.  Maybe your fiancee needs some help in preparing for her next interview to be more confident when asked difficult questions.  Good luck!

[JFH 12,189]

Don’t try too hard with the pictures. Did they look at any pictures during the interview? Pictures and chat logs are not really enough to show a bona fide relationship. I’m more interested to hear how the interview went, which questions were asked and how she answered. I think that’s what you should be focusing on, not how many pictures you have and how many different ways you kiss. 

 

[Just Paul 4,591]

More time together is better than chat logs or pictures.

[FaithProfessoR 171]

8 hours ago, Dataunavailable said:

We got a 221G, they didn't believe the relationship was legitimate.  I just got back from Cambodia again and I wasnt able to get in to the Embasy, but they emailed and told me that, and also that the officer didn't believe my fiance displayed an adequate intent to marry in the US. They did say she doesn't have an ineligibility. And we can refile, but the current petition would be sent back to USCIS. 

 

The denial was back at the end of March 2019. 

What are your chances for a second interview?  I am no expert but I have read in my fiancee country sub-forums a case that they were denied because the CO did not believed that the relationship was real. And they requested a second interview with the CO but this time with the petitioner the request was accepted plus they manage to get approved.

 

here is the link to her timeline see the notes in the comment section. Idk if you are still in time for that because it seems that she requested that really quick. And the other fact is a different country. 

 

But I agree what other has said if the K1 was denied the best comeback is the CR1 with more evidence.

 

Best of luck✌🏻

 

https://www.visajourney.com/timeline/profile.php?id=287975

Edited May 23, 2019 by FaithProfessoR