Post-Decision Activity

[creativeliza 0]

We have an unusual case. My fiancé is from India but we met in the Dominican Republic. We filed for a fiancé (K-1) visa last April (2010) and we had our interview in November. We were denied the visa and although they said it was because they didn't believe we were really a couple, the red flag appears to be that he did not have a residency visa in the Dominican Republic and although he wasn't illegal there, that automatically made him ineligible for the K-1 visa.

We were devastated by the denial but our best option seemed to be for my fiancé to get residency, us to get married and then reapply for the visa as a couple. Months went by as we gathered money and documents to do this. Meanwhile, we did not formally appeal the decision.

Then, out of the blue, I get an email stating "Post-Decision Activity" and it said:

Your Case Status: Post Decision Activity

On March 9, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

I asked a friend of mine who is an immigration lawyer about this and she said she had never heard of the State Dept. reviewing a case if a formal appeal had not been filed and that perhaps it was due to the fact that technically the US Consultate in the Dominican Rep. did not have juristiction on the case because my fiancé was not a resident of the country. Filing from India is not an option however.

Does anyone have any experience with a situation like this or could offer guidance? We want to get married but not void our chances if this case will be reopened. Not sure what to do.

[Yoms 0]

did they say that the reason for the denial was the fact that he was not resident there? also what type of visa did he have when you met and when you started filing for him at the dominican embassy? and what type of visa does he have now to be there?

[homme 0]

I was in the same situation. After 5 months of waiting, I called USCIS and they told me to call back when it reaches 180 days. So I called back after 180 days and was told my case has expired and feel free to refile. My case never got reviewed. #######.

[creativeliza 0]

did they say that the reason for the denial was the fact that he was not resident there? also what type of visa did he have when you met and when you started filing for him at the dominican embassy? and what type of visa does he have now to be there?

He came on a business visa and it was still valid when he applied but they wouldn't accept any of our evidence of living together because he didn't have residency. I then found out that it is an automatic denial without residency. He is currently in the process of getting his residency now.