K1 Visa 129-F Denial -- Next Steps?

[geowrian 22,335]

10 hours ago, IndiaAnnie said:

I told them I was flying to India and if I didn't have an answer by the time I landed that we'd be getting married instead. They returned our case to USCIS the day after I arrived.

Sounds correct - the "free to marry" provision now had a basis for refusal.

Sorry it turned out like that, but that is what happens.

 

Quote

When you file CR1 you can file a K3 few weeks afterwards and grossly expedite your USCIS approval time.

That trick stopped working several months ago. Nobody who has posted in the last several months has seen it work (and it only possibly applied to a certain SC - Nebraska).

No harm in filing, but there's no evidence of it having any impact now.

https://www.visajourney.com/forums/topic/723997-nebraska-k3-filers-with-ioe-case-number-for-i-130

 

Edited January 19, 2020 by geowrian

[Godknowsbest 1]

On 11/8/2019 at 10:05 AM, Pinkrlion said:

K-1 petitions do not receive NOID. They are either approved, denied, or refused. 

What if there was a NOIR, then what next

[Just Paul 4,591]

12 minutes ago, Godknowsbest said:

What if there was a NOIR, then what next

If you were to get a NOIR you would respond to it or you could ignore it.

 

https://en.wikipedia.org/wiki/Notice_of_Intent_to_Revoke

 

Denied K1s are not review by USCIS

Edited January 21, 2020 by Paul & Mary

[geowrian 22,335]

I have seen a NOID for an I-129F before. Usually they RFE or deny, but it can happen.

 

Note the difference between a NOID and NOIR:

NOID is when they intend to deny the petition.

NOIR is when they intend to revoke the already approved petition.

For an I-129F, USCIS does not actually review a returned petition and therefore does not issue a NOIR. They will let it sit until it expires, then send a letter notifying the petitioner that it has expired.

 

This is the process to avoid a mandatory misrepresentation bar that would have occurred if the petition was returned and revoked. The intent of the law is generally viewed that having the visa refused and petition returned is due to the inability to show eligibility for the benefit being sought, whereas a misrepresentation bar is viewed as a willful, material false statement to obtain the benefit being sought (basically, a meaningful lie). The inability to prove one's case does not logically mean that one misrepresented themself in attempting to do so. But as written, a misrep bar would be put into place by doing so. So USCIS enacted the policy to let the I-129Fs expire and avoid this bar.

Edited January 21, 2020 by geowrian

[Godknowsbest 1]

10 hours ago, geowrian said:

I have seen a NOID for an I-129F before. Usually they RFE or deny, but it can happen.

 

Note the difference between a NOID and NOIR:

NOID is when they intend to deny the petition.

NOIR is when they intend to revoke the already approved petition.

For an I-129F, USCIS does not actually review a returned petition and therefore does not issue a NOIR. They will let it sit until it expires, then send a letter notifying the petitioner that it has expired.

 

This is the process to avoid a mandatory misrepresentation bar that would have occurred if the petition was returned and revoked. The intent of the law is generally viewed that having the visa refused and petition returned is due to the inability to show eligibility for the benefit being sought, whereas a misrepresentation bar is viewed as a willful, material false statement to obtain the benefit being sought (basically, a meaningful lie). The inability to prove one's case does not logically mean that one misrepresented themself in attempting to do so. But as written, a misrep bar would be put into place by doing so. So USCIS enacted the policy to let the I-129Fs expire and avoid this bar.

So I ended up getting married to him and now filling the 1-130 petition however one of the questions asks if I’ve ever filed a petition before for him which is a Yes. But it’s also asking for the outcome with only 3choices; approved, denied or withdrawn. USCIS approved the petition but the US embassy at his country Is recommending a NOIR because the interview and AOS was done after the NOA2 validity period. Prior to the interview, they knew the only available interview date he could secure was after the validity period on the NOA2 and still encouraged him to come to the interview. It’s been 6months since I got that letter from the embassy. USCIS and NVC both state they haven’t received the paperwork back from the embassy so I don’t know what outcome to answer in the 130 form

 

[geowrian 22,335]

23 minutes ago, Godknowsbest said:

So I ended up getting married to him and now filling the 1-130 petition however one of the questions asks if I’ve ever filed a petition before for him which is a Yes. But it’s also asking for the outcome with only 3choices; approved, denied or withdrawn. USCIS approved the petition but the US embassy at his country Is recommending a NOIR because the interview and AOS was done after the NOA2 validity period. Prior to the interview, they knew the only available interview date he could secure was after the validity period on the NOA2 and still encouraged him to come to the interview. It’s been 6months since I got that letter from the embassy. USCIS and NVC both state they haven’t received the paperwork back from the embassy so I don’t know what outcome to answer in the 130 form

The last action USCIS took on it was approval, and it was not withdrawn, correct? If so, then "approved" applies.

[Godknowsbest 1]

16 minutes ago, geowrian said:

The last action USCIS took on it was approval, and it was not withdrawn, correct? If so, then "approved" applies.

Yes the last action was approved and it was never withdrawn 

[Bzegurl 41]

The fact that she lied to get a visa is the issue. You cannot accidentally check off married when common-law is also a choice on the form. In addition, when she went for the interview if she was asked and she lied to an immigration officer that is grounds to be banned from the US. I’m sorry to tell you, you need to lawyer up and with a good one. This will follow her throughout her immigration life. You should never lie in immigration matters. 

[Dimeji & Shannon 6]

I went to his country and got married. Our next step will be to file for the CR1/R1 visa, which is the spousal visa. An attorney told me that will show more proof that we are true to our relationship. If that gets denied, then I plan on moving there.

[Calicolom 265]

On 11/8/2019 at 9:53 AM, JAC&MEH said:

Yes;  I was thinking exactly the same.  I have just heard on here so many times where people who have been denied a K1, go ahead and get married and then go the I-130 route.  I will wait to read the letter but I am already researching to see if there is some way to obtain a legal divorce from a common-law spouse in Mexico.  That may be our last option - if we have any at all.  

The misrepresentation is the problem, not the being married, or not, part.

[stefanie.namaste 5]

On 11/7/2019 at 4:53 PM, JAC&MEH said:

Well after waiting for an answer from our RFE response, I got an electronic notification today that our petition has been denied.  I'm sure most people who have been denied quickly leave this forum all together but I could really use some advice.  I have not yet received the letter, so I have no explanation for exactly why we were denied but I would think it would be safe to say it is related to our RFE.  It said the letter would explain the reasons and what our options are but I have read on here that there are NO options after being denied a K1.  I guess I'm reaching out to anyone on here that has been through the same thing that could shed some light on where to go from here.

This is the best thing that has happen to you dear. Same happen to me and within a week my i130 has been approved just like all others stated on here.Don't worry you will see.

[SalishSea 16,770]

4 hours ago, stefanie.namaste said:

This is the best thing that has happen to you dear. Same happen to me and within a week my i130 has been approved just like all others stated on here.Don't worry you will see.

Uh, I think you misunderstood.  This was a denial for a fiancee visa.  No I-130 was filed.

[Sébastien316 0]

On 11/7/2019 at 11:53 PM, JAC&MEH said:

Well after waiting for an answer from our RFE response, I got an electronic notification today that our petition has been denied.  I'm sure most people who have been denied quickly leave this forum all together but I could really use some advice.  I have not yet received the letter, so I have no explanation for exactly why we were denied but I would think it would be safe to say it is related to our RFE.  It said the letter would explain the reasons and what our options are but I have read on here that there are NO options after being denied a K1.  I guess I'm reaching out to anyone on here that has been through the same thing that could shed some light on where to go from here.

I and my fiance was denied too but she immediately file another petition with lots of proof that we both have met in person 

[BeautyfromAshes 10]

On 11/8/2019 at 10:15 AM, Boiler said:

This situation comes up every now and then, do not recollect anybody coming back?

 

Now certainly where I am and in the US Married means being Married and not in a common law relationship. I would focus on how this is different in Mexico and showing that there being married includes common law. Also begs the question how you break such a relationship legally.

The United states accepts and fully recognizes any relationship of 7 years or longer as Common Law Marriage if the couple claims it as such.

Edited July 7, 2021 by BeautyfromAshes

[SalishSea 16,770]

8 hours ago, BeautyfromAshes said:

The United states accepts and fully recognizes any relationship of 7 years or longer as Common Law Marriage if the couple claims it as such.

Not for immigration purposes.

 

As far as "accepting" and recognizing it, that would be done on a state level, just like recognition of marriage between first cousins is on a state level.