My K-1 Petition Was Denied – Need Advice [merged threads]

[Soc89 1]

14 hours ago, Daphne . said:

But you 2 have met in person already, right? 

 

• Yes, we had met each other before, around May 2024

 

[Soc89 1]

10 hours ago, smilingstone said:

Your K1 wasn't denied. Your I-129F was, likely due to the response to the RFE not meeting USCIS' request. 

 

Are you not able to travel to the US and marry? You can do this on a tourist visa but you CANNOT then stay to adjust status. If travelling on tourist visa for the purpose of marriage, you MUST then return to your home country to start the spousal visa. 

 

But, it does not sound like your fiance really wants to pursue your relationship. Many of us here have made huge sacrifices during our visa processes. If you have a genuine relationship, then you will find a way to make it work. If one side refuses to make an effort, then I suggest you move on with your life. 

Thank you so much for your detailed explanation and advice. I really appreciate your insights.

 

Yes, we understand that our I-129F was denied, likely due to the RFE response. Traveling on a tourist visa to marry is an option, but we are aware of the restrictions regarding adjusting status in the US.

 

Regarding our relationship, we are still trying to figure out the best way forward. I understand that both sides need to make an effort for it to work. However, if he truly had enough love for me to pursue a CR1 visa but chooses not to, that is his right, and I fully respect his choice. I appreciate your honest perspective😊

[Soc89 1]

3 hours ago, Sam Burns said:

Maybe the age difference is too great and that’s why the interviewer is denying it?

 

• Maybe, but we are still waiting for the official denial letter to know the exact reason. We hope it can be clarified soon😊

 

[Soc89 1]

17 hours ago, carmel34 said:

You can travel and get married in his home country, then file for CR-1.  Or meet in a third country close to his for marriage if the home country is more complicated or takes more time/documents.  Another option is to marry virtually via Utah County online marriage, then meet in person somewhere before filing the I-130 petition to start the CR-1 process.  Good luck!

 

• I appreciate your advice and the helpful options you mentioned. Thank you

 

[appleblossom 4,758]

9 hours ago, Soc89 said:

Traveling on a tourist visa to marry is an option, but we are aware of the restrictions regarding adjusting status in the US.

 

You can travel and marry but then you would return to your home country and apply for a spouse visa via consular processing. AoS woudn't be an option.

 

You haven't answered the questions about the age different or consulate? It could be very important, particularly if you've only met once. You might need to plan another few visits together before re-filing if it's a large difference and/or a high fraud consulate, another denial wouldn't be good.

Edited August 21 by appleblossom

[Skyman 342]

On 8/20/2025 at 11:02 PM, appleblossom said:

I was asking about it for any future application. 

Age difference isn't a factor as long as you can show a real relationship. 

[TBoneTX 47,795]

3 hours ago, Skyman said:

Age difference isn't a factor

Depending on the culture and the consulate, it certainly can be a factor.

[Mike V 60]

On 8/20/2025 at 1:59 PM, smilingstone said:

You can do this on a tourist visa but you CANNOT then stay to adjust status. If travelling on tourist visa for the purpose of marriage, you MUST then return to your home country to start the spousal visa. 

 

Tourist visas aren't a feasible option for many. The odds of my Filipina GF (no assets, subsistence level job) receiving a tourist visa to the U.S. was about zero.  The embassy's response typically is "Thank you for your $240. Visa denied."  We opted for the virtual wedding in Utah.

 

Even if she did receive a tourist visa to get married, in today's environment there's a high probability that CBP would deny entry.

[Maria1989 403]

3 hours ago, Mike V said:

 

Tourist visas aren't a feasible option for many. The odds of my Filipina GF (no assets, subsistence level job) receiving a tourist visa to the U.S. was about zero.  The embassy's response typically is "Thank you for your $240. Visa denied."  We opted for the virtual wedding in Utah.

 

Even if she did receive a tourist visa to get married, in today's environment there's a high probability that CBP would deny entry.

Does the USCIS recognize "virtual marriage". You still have to follow up in person. Im concerned either way the too old to travel, but the meet 6 months begore he filed, was he not too old to travel then ?

 

There hasn't been a response to the age difference but if it's the Phillipines it's not unusual for an older US Citizen white male  to go there and fall in love with a poor girl 30-40 years his junior. So the Embassy there has seen it over and over again, it wouldn't make a difference there. If he was denied by USCIS, it's a "him" issue. Maybe he feels he is too old because traveling there took a little out of him. He may have health issues and doing it again may not be feasible, I would guess he is in his 60s, possibly nearing 70.

[Mike V 60]

1 hour ago, Maria1989 said:

Does the USCIS recognize "virtual marriage".

 

If the marriage is valid in Utah, USCIS has no choice but to recognize it.  You do have to meet AFTERWARDS to consummate the marriage, which we did a week and a half later.

 

Recognition by the Philippines was another matter.  They tried not to but ultimately concluded that they had no choice but to recognize them, because the Philippines had finally signed onto the 1961 Hague Convention in 2018.  Your Philippine ROM (Report of Marriage) filing must include an original marriage certificate with an Apostille stamp as per the 1961 Hague Convention.  Since Utah doesn't automatically change names with your marriage certificates, we've deferred the ROM for now to keep things simple.

[Soc89 1]

My K-1 Petition Was Denied – Need Advice

 

Hello everyone,

 

I just received a denial letter from USCIS for my K-1 petition. The reason was that they said I did not provide proof that my prior marriage was legally terminated. They requested a divorce decree from the District People’s Court in Vietnam, but instead the response included the petitioner’s divorce decree, not mine.

 

Now USCIS says I failed to prove that my previous marriage was legally terminated, so the petition is denied. However, the letter also says I have 33 days to file Form I-290B (Notice of Appeal or Motion to Reopen/Reconsider).

 

I actually already submitted my divorce certificate before with the I-129F package, but USCIS says it was not the correct document (they want the “Decision Recognition of Consent to Divorce” from the court).

 

Has anyone been in a similar situation? Should I file a motion to reopen with the correct divorce papers? Or is it better to just refile a new I-129F? I am worried about the time and chances.

 

Thank you so much for any advice.

[TBoneTX 47,795]

*** Ongoing-topic threads have been merged. ***

30 minutes ago, Soc89 said:

They requested a divorce decree from the District People’s Court in Vietnam, but instead the response included the petitioner’s divorce decree, not mine.

Clarify the bolded part, please.  Whose response -- yours to USCIS?  The petitioner's to USCIS?  USCIS's response to you?

30 minutes ago, Soc89 said:

Should I file a motion to reopen with the correct divorce papers?

If you can meet the deadline, try.  Or, marry virtually, meet in person, and file the I-130 petition instead.

And why are you, the beneficiary, doing this, instead of the petitioner?

Is the petitioner's heart, or energy level + heart, not really in this endeavor?

On 8/21/2025 at 9:22 AM, appleblossom said:

You haven't answered the questions about the age difference or consulate

We need answers if we're to help you.  Quit making everyone drag them out of you.

Edited August 25 by TBoneTX

[Soc89 1]

1 hour ago, TBoneTX said:

*** Ongoing-topic threads have been merged. ***

Clarify the bolded part, please.  Whose response -- yours to USCIS?  The petitioner's to USCIS?  USCIS's response to you?

If you can meet the deadline, try.  Or, marry virtually, meet in person, and file the I-130 petition instead.

And why are you, the beneficiary, doing this, instead of the petitioner?

Is the petitioner's heart, or energy level + heart, not really in this endeavor?

We need answers if we're to help you.  Quit making everyone drag them out of you.

 

1 hour ago, TBoneTX said:

*** Ongoing-topic threads have been merged. ***

Clarify the bolded part, please.  Whose response -- yours to USCIS?  The petitioner's to USCIS?  USCIS's response to you?

If you can meet the deadline, try.  Or, marry virtually, meet in person, and file the I-130 petition instead.

And why are you, the beneficiary, doing this, instead of the petitioner?

Is the petitioner's heart, or energy level + heart, not really in this endeavor?

We need answers if we're to help you.  Quit making everyone drag them out of you.

Sorry for the confusion. The response I sent to USCIS mistakenly included the petitioner’s divorce decree instead of my own. USCIS’s denial letter stated that they did not receive proof that my prior marriage was legally terminated

[smilingstone 717]

There is no motion to reconsider as the denial was a result of you submitting incorrect/insufficient documents, not USCIS' mistake. 

 

Besides, if you have both been previously married, you should both submit divorce documents. 

 

Your only options here are to resubmit the I-129F with correct documents, or go the spousal route. 

 

People are trying to advise you best they can, but you have repeatedly avoided to answer very relevant questions. 

[Soc89 1]

2 hours ago, smilingstone said:

There is no motion to reconsider as the denial was a result of you submitting incorrect/insufficient documents, not USCIS' mistake. 

 

Besides, if you have both been previously married, you should both submit divorce documents. 

 

Your only options here are to resubmit the I-129F with correct documents, or go the spousal route. 

 

People are trying to advise you best they can, but you have repeatedly avoided to answer very relevant questions. 

 

2 hours ago, smilingstone said:

There is no motion to reconsider as the denial was a result of you submitting incorrect/insufficient documents, not USCIS' mistake. 

 

Besides, if you have both been previously married, you should both submit divorce documents. 

 

Your only options here are to resubmit the I-129F with correct documents, or go the spousal route. 

 

People are trying to advise you best they can, but you have repeatedly avoided to answer very relevant questions. 

I apologize if it seemed like I was avoiding questions. I am new here and unfortunately, the forum only allows me to post 5 replies. That’s why I wasn’t able to answer all questions fully. I really appreciate everyone’s guidance and I am trying my best to clarify my situation