What should i do if the k1 visa get denied???

[Herolmounia 0]

I think like your lawyer said it is so that they can inform you at the interview so that you know, and therefore can't claim you didn't down the road.

i hope so but i am worried they deny us and i need to think what should we do if they do!!! because we can't stop trying to be with each other!!

I never heard of anyone at this point getting denied, not sure what the drug issue will cause, but if that is the problem getting married wont help i wouldnt think. Was it a deffered sent, what was the outcome...for now have a state rep do so work for you and find out whats going on.

thanks for the reply that makes me feel better but i really need advices about what to do is there any other option than k1 to be with him or should we resent the petition?

PS: i don't understand what does the red sentence means?

im asking about his sentence of the crime, did he receive a deferred sentence (which is no guilt) compared to a suspended or just guilty period. Ithink u just have to give it a wait and see time to find out what u will need to do

yes for drugs he was with friends in his car and one of them were carrying drugs and drop it inside the car when the police officer stoped the car cuz of speed. his not guilty but he went to jail for like 5 weeks.

for the other charge he had stollen staff of his friend who let it at his house, my fiance didnt know it was stollen someone called the police saying he got stollen staff at his house when the police officers got in they found a not authorised gun under a pillow too !! in this charge i think he spent 6 months in jail and now he is in probation.

Edited May 29, 2008 by Herolmounia

[brnidokiegurl 0]

the probation again could be deferred sent or suspended sentence, just going to jail just means u were arrested when u go to court you get the sentence his rap sheet may not show guilt again if deferred is not guilt, suspended would be....

[Herolmounia 0]

the probation again could be deferred sent or suspended sentence, just going to jail just means u were arrested when u go to court you get the sentence his rap sheet may not show guilt again if deferred is not guilt, suspended would be....

how to get that please help me!!?????

Edited May 31, 2008 by Herolmounia

[Zee Bee 61]

I think at this point you should just wait to see what happens. There is really nothing you can do at this point but wait and see what the decision of USCIS is. I highly doubt you will be denied at this stage in the process, but then again anything can happen.

If you do get denied then you can think of a plan of action. Your fiance could probably get the reason for denial from USCIS and you can try and you can be prepared for that if/when you decide to try again.

For right now, what is on his police report is on it. There is no way you can change it.

As hard as this is to follow, there is no need to stress yourself out now

[felnfrank 1]

i think u can make an appeal if it's denied...

[BigCityDave 0]

i think u can make an appeal if it's denied...

In complicated cases a lawyer is sometimes needed.

[Kathryn41 3,205]

I agree that it is unlikely for the application to be denied based on what you has listed as his criminal history. They are definitely trying to make sure that you will be safe and that he will be able to take care of you. You asked a good question about why they don't try to protect American women in the same way - it is because they have no control over the actions of individual Americans as they are not requesting admission to the country. They assume that a woman already here would be able to discover criminal pasts of their partners because they both live in the same country, whereas you don't have the same opportunities. Good luck.

[bora bora 1]

please someone help me!!!!

my question is what should we do if they deny our petition!!!!????????

any other options??

thanks.

I agree that there is nothing you can do until USCIS has made a decision. If you are denied, then you will need to look into a waiver (if possible) or any other way around the denial.

I hope for your sake that all of this was a misunderstanding (with your fiance) and that he has changed. Good luck.

[Carlawarla 1]

Unless I'm reading something different, you mention in your original post that he got an RFE for a police report, and that he didn't check that he had a criminal history? They must have found this out by running his name through some system once the application was received. Are you sure there might not be other convictions? Perhaps what is holding things up is that he never checked the box saying he was convicted of any crimes. They then found out that this wasn't true, and are asking for the police information? I would think this isn't a good thing that he didn't disclose this on the original application.

[Herolmounia 0]

Unless I'm reading something different, you mention in your original post that he got an RFE for a police report, and that he didn't check that he had a criminal history? They must have found this out by running his name through some system once the application was received. Are you sure there might not be other convictions? Perhaps what is holding things up is that he never checked the box saying he was convicted of any crimes. They then found out that this wasn't true, and are asking for the police information? I would think this isn't a good thing that he didn't disclose this on the original application.

he had never been convicted for the crimes listed in the I129F, they mentioned three times or more convictions of drug crimes but he went to jail only once for drugs!! they don't mention stealing crimes!!!!!

[snowfrostedlashes 0]

Since you have stated that your fiance is on probation until December 2008 this is likely the reason for his having to provide further information. Hopefully once they have received what they have asked him to provide all will proceed smoothly for you both, and it is likely they will merely disclose this information to you at interview.

As far as I can interpret this based on the information to hand, the worst case scenario would be that you have to wait for his probation period to end. The reason for this would be that if he were to violate the terms of his probation he may face further time in jail (depending on the specific terms of this) and he would therefore not be in a position to provide for you. I'm not suggesting for one moment that he would do so, merely trying to point out how it might be regarded. In which case he could go ahead with plans to move to be with you, you could marry, and then file for a different type of visa secure in the knowledge that the probation issue had been resolved.

Of course it is equally possible that his name check just indicated a 'needs to be checked' type flag on their system and that once they have seen the detailed information they have requested you will be fine.

Hang in there.

[Herolmounia 0]

Since you have stated that your fiance is on probation until December 2008 this is likely the reason for his having to provide further information. Hopefully once they have received what they have asked him to provide all will proceed smoothly for you both, and it is likely they will merely disclose this information to you at interview.

As far as I can interpret this based on the information to hand, the worst case scenario would be that you have to wait for his probation period to end. The reason for this would be that if he were to violate the terms of his probation he may face further time in jail (depending on the specific terms of this) and he would therefore not be in a position to provide for you. I'm not suggesting for one moment that he would do so, merely trying to point out how it might be regarded. In which case he could go ahead with plans to move to be with you, you could marry, and then file for a different type of visa secure in the knowledge that the probation issue had been resolved.

Of course it is equally possible that his name check just indicated a 'needs to be checked' type flag on their system and that once they have seen the detailed information they have requested you will be fine.

Hang in there.

Thank you very much Mark and Hannah u r very helpful hope u will get the visa very soon inshallah

As for my case, i wish they have now everything they need and give us the approval as soon as possible,

u r right the worst scenario would be if they make us wait till the probation will be over especially my baby feels guilty for this wait, he everyday says to me i am sorry for that i am paying now and u also pay with me what i did

but thank God we have faith and i don't blame him cuz it's destiny anyway,

my fiance called USCIS this morning the guy there told him to call the june 8th and not to expect the decision of our case he says it might be just a response for the RFE(is it what they needed or they need something else).

please i keep me in ur prayers

thanks.

[Carlawarla 1]

Unless I'm reading something different, you mention in your original post that he got an RFE for a police report, and that he didn't check that he had a criminal history? They must have found this out by running his name through some system once the application was received. Are you sure there might not be other convictions? Perhaps what is holding things up is that he never checked the box saying he was convicted of any crimes. They then found out that this wasn't true, and are asking for the police information? I would think this isn't a good thing that he didn't disclose this on the original application.

he had never been convicted for the crimes listed in the I129F, they mentioned three times or more convictions of drug crimes but he went to jail only once for drugs!! they don't mention stealing crimes!!!!!

Take it EASY! I'm sure your partner, having experience in the CJS knows well enough that things he tries to do legally now will be scrutinized. I hope you hear something soon. I was hoping, and still am, that there isn't anything else on his record that you don't know about. I worked in the CJS for 30 years, and almost everyone "didn't do it... wasn't them... it was the other guys drugs...didn't know it was stolen...the police set me up..."

[Herolmounia 0]

Take it EASY! I'm sure your partner, having experience in the CJS knows well enough that things he tries to do legally now will be scrutinized. I hope you hear something soon. I was hoping, and still am, that there isn't anything else on his record that you don't know about. I worked in the CJS for 30 years, and almost everyone "didn't do it... wasn't them... it was the other guys drugs...didn't know it was stolen...the police set me up..."

thanks for the support, its really hard to wait knowing they could deny us for any simple reason

my fiance sent me his police report before sending it to the USCIS, basically i know everythings about his past!!

we called USCIS the guy there said they are still working on november 2007 RFEs, i am really disappointed knowing its not our turn yet, but the lawyer says he ll call after june 9 th if nothing then we should expect more 60 days !!!

the problematic question is "what if we wait all that long and they deny us?"

that's not fair!

any advice could be good in this situation?

[sara..... 371]

Take it EASY! I'm sure your partner, having experience in the CJS knows well enough that things he tries to do legally now will be scrutinized. I hope you hear something soon. I was hoping, and still am, that there isn't anything else on his record that you don't know about. I worked in the CJS for 30 years, and almost everyone "didn't do it... wasn't them... it was the other guys drugs...didn't know it was stolen...the police set me up..."

thanks for the support, its really hard to wait knowing they could deny us for any simple reason

my fiance sent me his police report before sending it to the USCIS, basically i know everythings about his past!!

we called USCIS the guy there said they are still working on november 2007 RFEs, i am really disappointed knowing its not our turn yet, but the lawyer says he ll call after june 9 th if nothing then we should expect more 60 days !!!

the problematic question is "what if we wait all that long and they deny us?"

that's not fair!

any advice could be good in this situation?

I know its really difficult to wait and at times it feels like it will never end but just hang in there........it it was u that had the arrest for drugs and theft there would be a higher chance in fact a good chance that it would be denied........i will send prayers for u and i hope that it is resolved fast.........