Is both petitioner and beneficiary notified when k1 is denied..

[playnice 0]

If the embassy decides to send the k1 petition back.....I, the petitioner was notified by email....but would the beneficiary have been

notified as well...and if so..how would the embassy do it......meaning, by letter ??????

[YuAndDan 153]

USCIS usually notifies the petitioner by MAIL about the denial, and gives the petitioner a chance to appeal the decision.

The notification tends to be months after the denial.

Edited January 28, 2009 by YuAndDan

[Minya's wife 24]

If the embassy decides to send the k1 petition back.....I, the petitioner was notified by email....but would the beneficiary have been

notified as well...and if so..how would the embassy do it......meaning, by letter ??????

I think a little more detail is necessary. Normally, the beneficiary would be notified that the visa was not being issued and the petitions being sent back because the visa denial occurs at the time of the interview. How is it that you, the petitioner know that the beneficiary's visa was denied and petition sent back and said beneficiary does not know. The K-1 visa, once it reaches the consulate is the beneficiary's process, the petitioner only provides support documents, but it is the beneficiary applying for the k-1 visa. If said visa is denied, the beneficiary should be the first to know.

-P

[catknit 144]

USCIS usually notifies the petitioner by MAIL about the denial, and gives the petitioner a chance to appeal the decision.

The notification tends to be months after the denial.

This is not necessarily true any longer. It appears a change in procedure may have been implimented in May 2008.

http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf

"For instance, K-1 petitions are temporally limited and may expire due to the passage of time.

According to 8CFR 214.2(k)(5), an approved K-1 petition is only valid for four months. Consequently, in a number of cases, the K-1 petition will have already expired by the time DOS returns it to USCIS. Once a petition has expired, it may not be reviewed by USCIS. Furthermore, Petitions for Alien Fiance(e) (Form I-129 F) returned from a Consulate, Embassy, or NVC after approval may not be revoked, as there are no provisions in the law or regulation for revoking the approval of an I-129F."

IF the petition is returned unexpired [so less than 4 months from the NOA2 date] - then MAYBE it could be reveiwed. It appears the most you will get at this point [if the petition is expired] is a receipt that the denied petition has returned to USCIS from how I've read this.

[catknit 144]

Oh and if you get tied up in AP [like a 221(g) for more documentation] - the embassy can deny without you present and send you the paperwork after the fact.

There are quite a few of us [with SOs from India] who've had that happen recently. The courier just returns everything with the final 221(g) outlining the denial even though at the interview the CO requests additional info - I don't know if that's this OP's case - but it does happen.

[YuAndDan 153]

This happens often through the US consulate in China. What most do is simply visit China, Marry, and then file for a CR1 spousal visa, in cases where he consulate throws the "NON-Bonafide Relationship" Wild-Card.

[playnice 0]

If the embassy decides to send the k1 petition back.....I, the petitioner was notified by email....but would the beneficiary have been

notified as well...and if so..how would the embassy do it......meaning, by letter ??????

I think a little more detail is necessary. Normally, the beneficiary would be notified that the visa was not being issued and the petitions being sent back because the visa denial occurs at the time of the interview. How is it that you, the petitioner know that the beneficiary's visa was denied and petition sent back and said beneficiary does not know. The K-1 visa, once it reaches the consulate is the beneficiary's process, the petitioner only provides support documents, but it is the beneficiary applying for the k-1 visa. If said visa is denied, the beneficiary should be the first to know.

-P

I was requesting an extension of time due to him not having his police certificate......they did grant me one and it was up january 28th..today..

so i emailed them on january 22 asking for and extension...today January 28th i received the email stating that i could not have the

extension therefore my petition was expired on the original date and was going to be sent back and i would have to refile.....i have not been

able to get hold of my fiance and i am wondering if they would have notified him by mail or whatever about this petition being sent back....

that he knew this for some time before i recieved my email???? is this possible?????

[morocco4ever 63]

If the embassy decides to send the k1 petition back.....I, the petitioner was notified by email....but would the beneficiary have been

notified as well...and if so..how would the embassy do it......meaning, by letter ??????

I think a little more detail is necessary. Normally, the beneficiary would be notified that the visa was not being issued and the petitions being sent back because the visa denial occurs at the time of the interview. How is it that you, the petitioner know that the beneficiary's visa was denied and petition sent back and said beneficiary does not know. The K-1 visa, once it reaches the consulate is the beneficiary's process, the petitioner only provides support documents, but it is the beneficiary applying for the k-1 visa. If said visa is denied, the beneficiary should be the first to know.

-P

I was requesting an extension of time due to him not having his police certificate......they did grant me one and it was up january 28th..today..

so i emailed them on january 22 asking for and extension...today January 28th i received the email stating that i could not have the

extension therefore my petition was expired on the original date and was going to be sent back and i would have to refile.....i have not been

able to get hold of my fiance and i am wondering if they would have notified him by mail or whatever about this petition being sent back....

that he knew this for some time before i recieved my email???? is this possible?????

Oh I see, I thought you meant he had his interview and was denied.

This is really going to suck if they send it back. Can you contact a congressman and senator to intervene on your behalf? I hope you have a pretty good reason for the delay if you want this to be successful. Do it ASAP.