What happens when you get denied

[Just Paul 4,591]

6 minutes ago, Dataunavailable said:

We were denied at the embassy interview for K1. Due to them not believing it was legitimate, not displaying adequate intent to marry. The petition is now going back to USCIS and USCIS has told me as of Tues,  they are going to review it. So fingers crossed they reaffirm. 

Usually petitions go back to the USCIS and die.   There is no requirement to review it.  

 

Sometimes a case gets sent back because of an Administrative reason like a missing stamp or lost page.   But that doesn't happen after an interview.

[Crazy Cat 39,139]

11 minutes ago, Dataunavailable said:

We were denied at the embassy interview for K1. Due to them not believing it was legitimate, not displaying adequate intent to marry. The petition is now going back to USCIS and USCIS has told me as of Tues,  they are going to review it. So fingers crossed they reaffirm. 

They will not review it.  It will expire.

[payxibka 10,044]

37 minutes ago, Dataunavailable said:

We were denied at the embassy interview for K1. Due to them not believing it was legitimate, not displaying adequate intent to marry. The petition is now going back to USCIS and USCIS has told me as of Tues,  they are going to review it. So fingers crossed they reaffirm. 

What will the USCIS review?  They do not opine on a valid relationship as that is the consulates decision.   The USCIS cannot override that finding.   The petition will come back and die.

[Crazy Cat 39,139]

42 minutes ago, Dataunavailable said:

We were denied at the embassy interview for K1. Due to them not believing it was legitimate, not displaying adequate intent to marry. The petition is now going back to USCIS and USCIS has told me as of Tues,  they are going to review it. So fingers crossed they reaffirm. 

My advice:  Get married, spend a LOT of time together, then start the CR-1 process.......Nothing cures doubt about a bona fide relationship better than more documented actual time together.  

[Dataunavailable 72]

46 minutes ago, Paul & Mary said:

Usually petitions go back to the USCIS and die.   There is no requirement to review it.  

 

Sometimes a case gets sent back because of an Administrative reason like a missing stamp or lost page.   But that doesn't happen after an interview.

That's what I thought too, but they told me it was noted on our file that it was actually requested for review. And that it can take up to 180 days to hear something.  

[corvusheart 163]

4 hours ago, shouldiorno said:

 

Not sure that this is that valid since the new rule interpretation came into effect. Failure to submit all required documents is now grounds for a denial in the first instance (ie before an RFE)

I'm sorry. We applied for K1 back in 2013 and forgot to include statement of intent to marry from my husband and they sent a RFE for it and we corrected it and it was approved. But yeah looks like a  lot has changed since then.

[Dataunavailable 72]

43 minutes ago, missileman said:

They will not review it.  It will expire.

They told me that the service center requested it for review as of last Tues. 

 

14 minutes ago, missileman said:

My advice:  Get married, spend a LOT of time together, then start the CR-1 process.......Nothing cures doubt about a bona fide relationship better than more documented actual time together.  

I've been back to Cambodia again and went to our local office to ask some questions about a refile and the officer there told me the service center themselves requested it for review and to wait on refilling. I didn't think they ever reviewed them either. 

[payxibka 10,044]

3 minutes ago, corvusheart said:

I'm sorry. We applied for K1 back in 2013 and forgot to include statement of intent to marry from my husband and they sent a RFE for it and we corrected it and it was approved. But yeah looks like a  lot has changed since then.

Getting the petition initially approved and being denied at the consulate with an already approved petition being returned stateside are two very different scenarios 

[geowrian 22,335]

5 minutes ago, Dataunavailable said:

That's what I thought too, but they told me it was noted on our file that it was actually requested for review. And that it can take up to 180 days to hear something.  

Let us know how it goes, but as others noted, they do not review a returned I-129F by USCIS policy. DOS policy says they will - hence why NVC and the consulate would send it back - but they have no say on what USCIS does.

 

In some miracle that USCIS does review it, also know that if it is not reaffirmed then it automatically turns into a fraud finding with a permanent bar. This would add $1000 + any attorney fees + ~1 year  or so to the timeline for any future visa in order to waive the bar. That's the primary reason USCIS stopped reviewing returned I-129Fs years ago. If you're interested in the history, research P6C markers.

[Moca_Madness 12]

Did they give you any specific reason for the denial? 

[Dataunavailable 72]

1 hour ago, geowrian said:

Let us know how it goes, but as others noted, they do not review a returned I-129F by USCIS policy. DOS policy says they will - hence why NVC and the consulate would send it back - but they have no say on what USCIS does.

 

In some miracle that USCIS does review it, also know that if it is not reaffirmed then it automatically turns into a fraud finding with a permanent bar. This would add $1000 + any attorney fees + ~1 year  or so to the timeline for any future visa in order to waive the bar. That's the primary reason USCIS stopped reviewing returned I-129Fs years ago. If you're interested in the history, research P6C markers.

I tried to send you a PM, but it said it wont go through. 

[HRQX 4,145]

3 minutes ago, Dataunavailable said:

I tried to send you a PM, but it said it wont go through. 

His inbox is probably full.

[TBoneTX 42,990]

Thread is moved from the K-1 Process forum to General Immigration Discussion and is locked to further comment.  Two separate issues (petitions & visas) are being intermingled, along with derailment.  The OP has enough information and can review other threads to glean reasons.

 

VJ Moderation