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K-1 Visa Denied

By Engineer in K-1 Fiance(e) Visa Process & Procedures

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Engineer Newbie

Engineer   0

Posted
Filed: Country: Vietnam
 Timeline
  • Author
Posted
Hello:

Our K1 Visa was denied at interview. The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US". They also state she speaks little or no English as a specific problem.

What is our best option now?

Get an immigration lawyer. What is this affidavit that she signed, and who had her sign it?

aj1 Proficient

aj1   1

Posted
Filed: K-1 Visa Country: Egypt
 Timeline
Posted

I just wanted to say that i am so sorry that this happened to you both, and don't give up i will keep you both in my prayers (F)

AJ1

7/17/2005----I met the love of my life.

1/18/2006----Arrived in Egypt to visit my love.

5/11/2006----Sent I129F.

6/15/2006----Recieved NOA1.

6/22/2006----Recieved RFE (IMBRA).

7/12/2006----Replied to RFE (IMBRA) Sent back.

7/17/2006----Our 1 year Anniversary!!!!

7/19/2006----VSC recieved RFE (IMBRA).

7/20/2006----touched

8/18/2006----touched

8/18/2006----NOA2!!!!!! THANK YOU GOD!!!!

8/18/2006----VSC sent our petition to NVC.

8/19/2006----touched

8/22/2006----NVC recieved our petition.

8/23/2006----NVC sent our petition to Cairo Embassy.

8/25/2006----Recieved NOA2 Approval letter in the mail.

8/28/2006----Recieved NVC letter with new case number.

8/31/2006----Cairo Embassy recieved our petition.

9/24/2006----I emailed the Embassy reguarding my fiance's packet 3.

10/17/2006--Cairo sent packet 3 for the second time to my fiance. First one was never recieved.

10/19/2006--Packet 3 recieved.

12/20/2006--Packet 3 sent.

12/21/2006--Cairo Embassy recieved packet 3.

2/21/2007---Packet 4 recieved.

3/12/2007---Interview (He Passed)!

3/12/2007---Administrative Processing begins.............God please help me get through this!

7/17/2007---Our 2 Year Anniversay!!!

10/23/2007--7 months and 2 weeks of A/P and still waiting..........God help me!

4/22/2008---2nd Interview ( keep us in your prayers)

4/22/2008--He was approved for the Visa 2-3 weeks until he recieves it in the mail lets hope so!!

6/03/2008--VISA IN HAND! Thank you god!

7/03/2008--Our Wedding Day!

"NEVER GIVE UP"

pushbrk Grand Master

pushbrk   14,055

Posted
Filed: Other Country: China
 Timeline
Posted
Hello:

Our K1 Visa was denied at interview. The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US". They also state she speaks little or no English as a specific problem.

What is our best option now?

Your statement is not making sense yet. K1 visa? Married?

Please provide more details and make sure they are accurate and as complete as possible.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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visao Community Regular

visao   1

Posted
Filed: IR-5 Country: Vietnam
 Timeline
Posted

Why One does not speak English has to do with anything for being denied visa? That's so stupid excuse. Plus there are 2 people there: one translator and one CO, the translator can translate for your fiancee' and also the CO can understand your fiancee' native language also.

11-16-12: Sent I-130 for Dad.
11-19-12: Priority date/rec'd date.
02-06-13: Case approved, NOA2.
02-19-13: NVC received case.
03-08-13: Case # assigned--HCM2013******.
03-09-13: Paid AOS Fee $88.00.
03-09-13: Emailed DS-3032 from Beneficiary's email address.
03-13-13: AOS Fee showed as PAID & sent AOS package certified mail.
03-18-13: AOS package delivered @ 10:50 A.M.
03-18-13: DS-3032 accepted.
03-20-13: IV Bill Invoice.
03-21-13: Paid IV Fee $230.00.
03-23-13: IV Fee showed as PAID.
04-23-13: Sent IV package certified mail.
04-26-13: IV package delivered @ 11:13 A.M.

05-08-13: Case completed @ NVC per telephone call.

05-15-15: Case completed per email from NVC.

06-07-13: Rec'd email from NVC RE: interview date. (letter dated 06-05-13).

07-18-13: Interview date-- PASSED.

Kotenochek Collaborator

Kotenochek   0

Posted
Filed: AOS (pnd) Country: Russia
 Timeline
Posted
Why One does not speak English has to do with anything for being denied visa? That's so stupid excuse. Plus there are 2 people there: one translator and one CO, the translator can translate for your fiancee' and also the CO can understand your fiancee' native language also.

Its about if you understand each other.do you speak her language?sorry for the news..

no name Grand Master

no name   1

Posted
Filed: Timeline
Posted
Why One does not speak English has to do with anything for being denied visa? That's so stupid excuse. Plus there are 2 people there: one translator and one CO, the translator can translate for your fiancee' and also the CO can understand your fiancee' native language also.

And how does that work for every day life? The need to communicate in America????? :no:

Jamie76 Proficient

Jamie76   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted
Why One does not speak English has to do with anything for being denied visa? That's so stupid excuse. Plus there are 2 people there: one translator and one CO, the translator can translate for your fiancee' and also the CO can understand your fiancee' native language also.

And how does that work for every day life? The need to communicate in America????? :no:

Unfortunately, I am running in to more and more cases where individuals speak minimal english. You see this in some of the immigrant neighborhoods in the larger cities mostly, but you do see it elsewhere.

3dflags_usa0001-0003a.gif3dflags_tha0001-0003a.gif

I-129F

Petition mailed to Nebraska Service Center 06/04/2007

Petition received by CSC 06/19/2007...NOA1

I love my Siamese kitten...

visao Community Regular

visao   1

Posted
Filed: IR-5 Country: Vietnam
 Timeline
Posted
Why One does not speak English has to do with anything for being denied visa? That's so stupid excuse. Plus there are 2 people there: one translator and one CO, the translator can translate for your fiancee' and also the CO can understand your fiancee' native language also.

And how does that work for every day life? The need to communicate in America????? :no:

I'm talking about not speaking English at the interview in their native country. I'm not talking about everyday life! Once he/she comes to America, they can begin learning English. Thank you!

11-16-12: Sent I-130 for Dad.
11-19-12: Priority date/rec'd date.
02-06-13: Case approved, NOA2.
02-19-13: NVC received case.
03-08-13: Case # assigned--HCM2013******.
03-09-13: Paid AOS Fee $88.00.
03-09-13: Emailed DS-3032 from Beneficiary's email address.
03-13-13: AOS Fee showed as PAID & sent AOS package certified mail.
03-18-13: AOS package delivered @ 10:50 A.M.
03-18-13: DS-3032 accepted.
03-20-13: IV Bill Invoice.
03-21-13: Paid IV Fee $230.00.
03-23-13: IV Fee showed as PAID.
04-23-13: Sent IV package certified mail.
04-26-13: IV package delivered @ 11:13 A.M.

05-08-13: Case completed @ NVC per telephone call.

05-15-15: Case completed per email from NVC.

06-07-13: Rec'd email from NVC RE: interview date. (letter dated 06-05-13).

07-18-13: Interview date-- PASSED.

Bassi and Zainab Proficient

Bassi and Zainab   1

Posted
Filed: AOS (apr) Country: Ghana
 Timeline
Posted
Hello:

Our K1 Visa was denied at interview. The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US". They also state she speaks little or no English as a specific problem.

What is our best option now?

She signed an affidavit noting what? Why would she do that? You need to figure out what happened before you can plan what to do. I can't imagine how you can fight this if she signed it knowingly. There is an appeal process. Maybe you need to consult a lawyer for help.

GHANA.GIFBassi and Zainab US1.GIF

I-129F Sent: 6-18-2007

Interview date: 6-24-2008

Pick up Visa: 6-27-2008

Arrive JFK POE: 7-2-2008

Marriage: 7-9-2008

AOS

mailed AOS, EAD, AP: 8-22-2008

NOA AOS, EAD, AP: 8-27-2008

Biometrics: 9-18-2008

AOS Transferred to CSC: 9-25-2008

Requested EAD Expedite: 11-12-2008

EAD Card production ordered: 11-12-2008 changed to 11/17/2008 Why? (I hope it doesn't change every week!)

Received AP: 11/17/2008

Received EAD: 11/22/08 (Praise God!!)

AOS RFE: 1/29/2009

AOS Approved: 3/24/2009

Called USCIS 4/1/2009 told no status change and case not yet reviewed from RFE request.

Received green card: 4/3/2009

Kang Lang Proficient

Kang Lang   7

Posted
Filed: Lift. Cond. (pnd) Country: Thailand
 Timeline
Posted (edited)
3. you have to speak a common language to get a visa

that is untrue entirely. you do not have to speak a common language. of course it is very helpful and dispells at least one possible red flag but not an out and out requirement.

Edited by Kang Lang

ROC Timeline

18 NOV 2010 Sent 1.8lb packet to USCIS in Laguna Niguel (day 1)

19 NOV 2010 Package signed for V SEMEGI (day 2)

24 NOV 2010 Package returned because USC didn't sign petition (day 6)

calendar reset

26 NOV 2010 Package sent out again (day 1)

29 NOV 2010 Package signed for by V SEMEGI (day 3)

29 NOV 2010 NOA1 issued (day 3)

03 DEC 2010 Hardcopy of NOA received (day 7)

07 JAN 2011 Successful walk in biometrics (day 42) original date 1 FEB

01 MAR 2011 Date on Approval notice (although it arrived after the card did) (day 94)

03 MAR 2011 Card received (day 96)

no name Grand Master

no name   1

Posted
Filed: Timeline
Posted

And how does that work for every day life? The need to communicate in America????? :no:

I'm talking about not speaking English at the interview in their native country. I'm not talking about everyday life! Once he/she comes to America, they can begin learning English. Thank you!

That is assuming the fiance speaks fluent Chinese/Mandarin/etc, so the couple themselves can communicate.

Aaron_WSU Contributor

Aaron_WSU   0

Posted
Filed: K-1 Visa Country: Japan
 Timeline
Posted
I'm talking about not speaking English at the interview in their native country. I'm not talking about everyday life! Once he/she comes to America, they can begin learning English. Thank you!

I think that being able to have a working knowledge of English should be an important factor when being considered for a visa. If the person really wants to succeed in America, they really should make an effort to learn English before they get here. The thing that I think this pertains to is whether or not the petitioner and the beneficiary can have a relationship if they cannot speak the same language. As others have stated earlier though, the OP needs to give us some more information.

OP: My best go out to you, I hope you can get this resolved!!!!

Sometime in April: Mailed I129F to USCIS

5/31/2007 ~ NAO1 (online)

9/6/2007 ~ Touch (used RFE trick)

9/24/2007 ~ NAO2 (online and email)

9/25/2007 ~ Touch

9/27/2007 ~ NAO2 (hardcopy received)

10/22/2007 ~ Case received at NVC

10/24/2007 ~ Case forwarded to Japanese embassy!

11/2/2007 ~ Sayaka receives Packet 3!!!

12/3/2007 ~ Interview and approval

12/5/2007 ~ Visa came in the mail

1/12/2008 ~ Sayaka's flight arrives in the US!!!

 
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