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Denied Letter From US embassy K1 visa

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Posted (edited)

I get an Denied Letter today from US embassy tunisia 

So tell me guys what exactly i should do it Now

 

 

Edited by Ryan H
Reason for edit: to remove attachment containing personally identifiying information

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It would be good to figure out why they refused the visa.   How many visits did you have, difference of age, different religions, other red flags?

 

When they send a K1 back to USCIS it simply dies.

 

Based upon why you think the refusal occurred you are often better to marry and have more face to face time.  You can also refile a K1 but there is no opportunity to appeal unlike a spousal visa.


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You should contact them and see why they denied/refused your visa. They can’t just deny your visa and not give you any reasons. If I were you I would definitely contact them and see why it was denied. Best of luck. These things can really get exhausting and frustrated. Keep your head high. Again, sorry to hear you got denied. 

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The only reason they are required to provide is the section of the INA. In this case, the reason for refusal is INA 221(g). That said, 221(g) is very broad - it means the application does not confirm to the requirements to complete processing.

 

In this particular case, it appears that they believe the petition is invalid. The most common reasons for this are 1) not a bona fide relationship , 2) "too married" for a K-1 (inability to establish that one is free to marry), or 3) IMBRA requirements not met (e.g. undisclosed criminal activity by the petitioner).

Upon return to USCIS, they will let the I-129F sit to expire. They do not review returned I-129Fs anymore, despite the FAM (that the embassies use) define a process to return it to USCIS for review. It's long, complicated reason for this, but the long & short of it is that it avoids a permanent bar for misrepresentation that could occur otherwise, so it's really not that bad of a thing.

 

The visa would only be refused after the interview. Unless there is a major, glaring unwaivable inadmissibility, they interview every applicant (and even then the exception is just possible, not expected).

 

Next steps are:

1) Figure out why they believe the petition is invalid. How often did you spend in person? What evidence was provided? Any red flags? Any information about a potential wedding ceremony provided with the petition or in the interview?

2) Get married and start over with an I-130 for your spouse. Technically you can do another K-1 (if eligible), but it is highly suggested to go the spousal route in this case. If that is refused again, USCIS will actually review and potentially reaffirm the petition.


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

 

 

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I’ve seen your posts on the Facebook group. I believe you have a large age gap? Plus being from Tunisia plus the previous visa applications - lots of red flags 

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11 hours ago, geowrian said:

The only reason they are required to provide is the section of the INA. In this case, the reason for refusal is INA 221(g). That said, 221(g) is very broad - it means the application does not confirm to the requirements to complete processing.

 

In this particular case, it appears that they believe the petition is invalid. The most common reasons for this are 1) not a bona fide relationship , 2) "too married" for a K-1 (inability to establish that one is free to marry), or 3) IMBRA requirements not met (e.g. undisclosed criminal activity by the petitioner).

Upon return to USCIS, they will let the I-129F sit to expire. They do not review returned I-129Fs anymore, despite the FAM (that the embassies use) define a process to return it to USCIS for review. It's long, complicated reason for this, but the long & short of it is that it avoids a permanent bar for misrepresentation that could occur otherwise, so it's really not that bad of a thing.

 

The visa would only be refused after the interview. Unless there is a major, glaring unwaivable inadmissibility, they interview every applicant (and even then the exception is just possible, not expected).

 

Next steps are:

1) Figure out why they believe the petition is invalid. How often did you spend in person? What evidence was provided? Any red flags? Any information about a potential wedding ceremony provided with the petition or in the interview?

2) Get married and start over with an I-130 for your spouse. Technically you can do another K-1 (if eligible), but it is highly suggested to go the spousal route in this case. If that is refused again, USCIS will actually review and potentially reaffirm the petition.

Best and most complete explanation ever given

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12 hours ago, AGG said:

I get an Denied Letter today from US embassy tunisia 

So tell me guys what exactly i should do it Now

 

 

What can you do now?

nothing with this K1 visa

the USC can come and marry /  marriage in Tunisia is not that difficult for an American / a lot easier than Algeria and Morocco

after marriage ,  file spouse CR1 application 

There are many things the USC can do to add the approval of a visa

1.   spend quality time together /  a 10 day vacation is just that -a vacation-   quality time for high fraud countries means extended time together /  many of us spend a month or make several trips 

2.   if there is a big age difference ,  you will have a hard "fight " to prove the relationship is real /  you do this with quality time together,   informing and learning every thing about each other,   make sure the USC is approved by the Tunisian family especially the mother (so provide family photos with application),  be prepared for about 2 or more years to be successful ,  don't give up if sincere,  and if you are not prepared for a long extended process ,   stop it now

3.  marry this year if possible

4.   it married this year the USC can add the beneficiary to 2019 Tax returns helping to prove the relationship  / tell the USC to contact me and i will tell her how to do this or go to https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse for instructions 

5.  if your family does not approve ,  you must do what it takes to make them see there is real love and your marriage will last 

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Posted (edited)
5 hours ago, AGG said:

geo how did you know all those evenment sister

I checked your public posting history on this website:

https://www.visajourney.com/profile/116512-agg/content/?type=forums_topic&change_section=1

Edited by geowrian

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

 

 

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