a help for my girl friend

[Ken-Love 0]

if i am nuts shes more nuts(girl friend).they had NOA2 now they filed last november 2008 and will having an interview next month, july.she asked me some questions that i dunno the answer.she scared to ask questions here so she asked me a favor to do it for her.her questions :

1. wut if they denied in interview wut they going to do on the first place? they had a back up plan to just get married and start all over again and that will be spousal visa (just in case).

2.if they get denied can they file another visa right after they got married? and how long they ahd to wait to get married and file for a visa?

coz i read somewhere here about that had 2 wait for 2 years before can file for another visa.

hope u guys can help me about her query.thanks!

[Penguin_ie 5,992]

They can get married, but their spousal visa might get denied too, it depends on why the K1 was denied.

They can get married right away and file for the spousal visa right away, after they officially withdraw the K1.

Edited June 26, 2009 by Penguin_ie

[brnidokiegurl 0]

we withdrew nothing, k1 denies are returned to either calif or vermont...calif usually lets them lay to expire, vermont has been known to review after a longggggggggggggggggg time. I waited about 6 months and ask my rep to do some checking, got the word fr calif that is was ok to refile, then we married and refiled then waited the wait again. If you do suspect what the reason for deny was it will need to be addressed but alot of times you never know (for sure) why it is sent back, whatever ours was i guess it fixed itself because we did nothing different except i went second trip to marry.

[GregwedsAngel 0]

if i am nuts shes more nuts(girl friend).they had NOA2 now they filed last november 2008 and will having an interview next month, july.she asked me some questions that i dunno the answer.she scared to ask questions here so she asked me a favor to do it for her.her questions :

1. wut if they denied in interview wut they going to do on the first place? they had a back up plan to just get married and start all over again and that will be spousal visa (just in case).

2.if they get denied can they file another visa right after they got married? and how long they ahd to wait to get married and file for a visa?

coz i read somewhere here about that had 2 wait for 2 years before can file for another visa.

hope u guys can help me about her query.thanks!

I UNDERSTAND THE WORRY OF GETTING DENIED. BUT WHY THINK ABOUT BEING DENIED WHEN YOU BOTH HAVE BEEN TRUTHFUL IN YOUR APPLICATION IN THE FIRST PLACE? JUST WONDERING

[Ken-Love 0]

she is just thinking a worse case.as i've said she is nuts and just want to know the answer just incase.i have been telling her it will be ok an dthat she can do it.

[TBoneTX 44,672]

Please attempt to write in understandable English, because people will then be better able to help you. Is your "girlfriend" asking about ANOTHER couple? And, some advice in advance: If the "girlfriend" to whom you're referring is your fiancee (as opposed to a third-party "friend who is a girl"), you'd better get used to referring to her as your "fiancee." Precise language is your friend throughout this entire process.

[Marina-Del 10]

I UNDERSTAND THE WORRY OF GETTING DENIED. BUT WHY THINK ABOUT BEING DENIED WHEN YOU BOTH HAVE BEEN TRUTHFUL IN YOUR APPLICATION IN THE FIRST PLACE? JUST WONDERING

Just because you are truthful does not mean that you'll get the visa. Many couples who are legitimate couples and have told the truth through the whole process are denied for lots of different reasons that sometimes you can see coming and sometimes you can be totally surprised by. The OP is asking because it's always good to have a backup plan!

You never know what can happen in this crazy game of visas...and it's always good to be prepared.

[gennyangel 3]

just think of passing the interview and not denial

[Ken-Love 0]

Please attempt to write in understandable English, because people will then be better able to help you. Is your "girlfriend" asking about ANOTHER couple? And, some advice in advance: If the "girlfriend" to whom you're referring is your fiancee (as opposed to a third-party "friend who is a girl"), you'd better get used to referring to her as your "fiancee." Precise language is your friend throughout this entire process.

it so simple, girlfriend is different from girl friend. girlfriend is the woman u love and girl friend is simple as ur woman friend. i am not asking anything i am just asking wut the possible things theyre going to do just INCASE they get denied. and by the way FYI for those who reading this post, i am the beneficiary not the petitioner. coz if u noticed on some of my post using this username my fiance is starting to put his name at the end of each reply he did. i assume my english is fine unless u don't understand wuts the difference of a GIRL FRIEND from GIRLFRIEND.

[Ken-Love 0]

I UNDERSTAND THE WORRY OF GETTING DENIED. BUT WHY THINK ABOUT BEING DENIED WHEN YOU BOTH HAVE BEEN TRUTHFUL IN YOUR APPLICATION IN THE FIRST PLACE? JUST WONDERING

Just because you are truthful does not mean that you'll get the visa. Many couples who are legitimate couples and have told the truth through the whole process are denied for lots of different reasons that sometimes you can see coming and sometimes you can be totally surprised by. The OP is asking because it's always good to have a backup plan!

You never know what can happen in this crazy game of visas...and it's always good to be prepared.

i agree

[JimVaPhuong 4,863]

Please attempt to write in understandable English, because people will then be better able to help you. Is your "girlfriend" asking about ANOTHER couple? And, some advice in advance: If the "girlfriend" to whom you're referring is your fiancee (as opposed to a third-party "friend who is a girl"), you'd better get used to referring to her as your "fiancee." Precise language is your friend throughout this entire process.

it so simple, girlfriend is different from girl friend. girlfriend is the woman u love and girl friend is simple as ur woman friend. i am not asking anything i am just asking wut the possible things theyre going to do just INCASE they get denied. and by the way FYI for those who reading this post, i am the beneficiary not the petitioner. coz if u noticed on some of my post using this username my fiance is starting to put his name at the end of each reply he did. i assume my english is fine unless u don't understand wuts the difference of a GIRL FRIEND from GIRLFRIEND.

I think you may have missed TBoneTX's point. He understands what you mean by "girlfriend", but consular officers have been known to be very sensitive over how you refer to your fiance(e). If you say "boyfriend" or "girlfriend" in front of them they may question the sincerity of your relationship. If you accidentally say "husband" or "wife" they may suspect you're already married, which would make you ineligible for a K1 visa. Apparently, some consular officers have issued visa denial letters that included amongst the reasons "Applicant refers to her fiance as 'boyfriend'".

Your English is pretty good! I can make a suggestion, if you don't mind. On a serious discussion forum it's usually better if you don't use SMS abbreviations like "ur" and "wut" and "u". People sometimes get the impression that you're immature when you use shortcuts like these, and what you write might not be taken as seriously. Still, using SMS shortcuts is not nearly as bad as people who don't use punctuation or an occasional paragraph break.

Good luck!

[Ken-Love 0]

Please attempt to write in understandable English, because people will then be better able to help you. Is your "girlfriend" asking about ANOTHER couple? And, some advice in advance: If the "girlfriend" to whom you're referring is your fiancee (as opposed to a third-party "friend who is a girl"), you'd better get used to referring to her as your "fiancee." Precise language is your friend throughout this entire process.

it so simple, girlfriend is different from girl friend. girlfriend is the woman u love and girl friend is simple as ur woman friend. i am not asking anything i am just asking wut the possible things theyre going to do just INCASE they get denied. and by the way FYI for those who reading this post, i am the beneficiary not the petitioner. coz if u noticed on some of my post using this username my fiance is starting to put his name at the end of each reply he did. i assume my english is fine unless u don't understand wuts the difference of a GIRL FRIEND from GIRLFRIEND.

I think you may have missed TBoneTX's point. He understands what you mean by "girlfriend", but consular officers have been known to be very sensitive over how you refer to your fiance(e). If you say "boyfriend" or "girlfriend" in front of them they may question the sincerity of your relationship. If you accidentally say "husband" or "wife" they may suspect you're already married, which would make you ineligible for a K1 visa. Apparently, some consular officers have issued visa denial letters that included amongst the reasons "Applicant refers to her fiance as 'boyfriend'".

Your English is pretty good! I can make a suggestion, if you don't mind. On a serious discussion forum it's usually better if you don't use SMS abbreviations like "ur" and "wut" and "u". People sometimes get the impression that you're immature when you use shortcuts like these, and what you write might not be taken as seriously. Still, using SMS shortcuts is not nearly as bad as people who don't use punctuation or an occasional paragraph break.

Good luck!

i am aware of that.what i am asking here is what my girl friend and her fiance to do just incase they are denied on interview, when and how long they have to wait before apply another visa. that's all i am asking.

ok, i am not immature i just dunno that you had that rules that writing on SMS shortcuts is a no, no here. im sorry...

[Ken-Love 0]

my fiancee is looking an answer about her query for her girl friend. her question is so clear, so please just answer her query, she will not going to post a question here if she knows the answer for her girl friend.KEN

[JimVaPhuong 4,863]

my fiancee is looking an answer about her query for her girl friend. her question is so clear, so please just answer her query, she will not going to post a question here if she knows the answer for her girl friend.KEN

Yeah, I was responding directly to her previous post, and I was trying to be helpful. Relax.

Ok, if they are denied outright then the petition is going to be sent back to USCIS. In these cases, the assumption is usually that the relationship is not genuine, and that the petitioner or applicant have misrepresented the facts. Basically, they are being accused of lying to USCIS and/or the consulate.

USCIS will reconsider the petition. This can take as little as a couple of months or as long as a couple of years. If the petitioner doesn't get a letter from USCIS shortly after they receive the petition then the petitioner should contact them and ask for a copy of the Notice Of Intent to Deny/Reject (NOID or NOIR). When the petitioner gets this letter he should respond to the accusations in it. If he does not, then the accused misrepresentation can become a presumption of fact - his fiancee could end up with a ban because it's presumed she lied.

At this point, the petitioner can either wait for USCIS to make a decision, or file another petition. Lately, USCIS seems to have been reaffirming many petitions sent back by consulates. There is a little war going on between the Department of Homeland Security and the Department of State. USCIS doesn't like consulates readjudicating petitions they've already approved. There's a chance USCIS might reaffirm the petition and send it back to the consulate, so the petitioner might decide it's worth waiting to see if this happens.

The IMBRA filing limits don't allow a petitioner to file a second K-1 petition within two years of a previous K-1 petition being approved by USCIS. It doesn't matter if the K-1 visa was ever issued by the consulate, nor if the beneficiary of both petitions are the same person. A waiver can usually be obtained unless the petitioner has also been convicted of a violent crime. HOWEVER, the IMBRA filing limits ONLY apply to K-1 visas! Your friend's fiance can still marry your friend and file for a K-3 or IR1/CR1 visa right away, without limitations, if the K-1 is denied.

[Old Dominion 26]

IMBRA does NOT prevent someone from filing additional petitions for a K-1 visa within two years of filing for one. It simply requires that the petitioner apply in a short letter for a waiver, and nothing else. It is not clear how the USCIS would deny the waiver, but in all cases of which I am aware, the second and sometimes third petitions have moved without any delay caused by the waiver request.

Yes, it can take USCIS up to two years to let the petitioner appeal the denial of a K-1. So it's necessary to push the system and hope for a quicker notice from USCIS. In a friend's case, it took 18 months and he got the notice just last week.