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K1 application rejected, I don't know why. please help

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Filed: K-1 Visa Country: China
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Two months ago I sent my K1 visa application to the CSC.

Last week it was returned with a letter stating that the application needs to be filed at the nearest embassy/consulate because I currently live abroad. As far as I can tell that is a lie. What on earth should I do next?

I think I'm going to have to hire a lawyer to look over my application. I can't find anything wrong with it ...

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Two months ago I sent my K1 visa application to the CSC.

Last week it was returned with a letter stating that the application needs to be filed at the nearest embassy/consulate because I currently live abroad. As far as I can tell that is a lie. What on earth should I do next?

I think I'm going to have to hire a lawyer to look over my application. I can't find anything wrong with it ...

Sounds like USCIS did a major SNAFU if you reside in the US and filed at CSC.

Get your senator or congressman involved!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: China
Timeline
Two months ago I sent my K1 visa application to the CSC.

Last week it was returned with a letter stating that the application needs to be filed at the nearest embassy/consulate because I currently live abroad. As far as I can tell that is a lie. What on earth should I do next?

I think I'm going to have to hire a lawyer to look over my application. I can't find anything wrong with it ...

So you want to proceed K1, your U.S. citizen, but you are in abroad, right? I see some people in other website they proceeding from same situation as you, it should be fine. Sorry for I couldn't explain in detail, if your fiancee is Chinese, let her go to this website to get more informations in Chinese, it has a lot of informations about how to apply. Good luck.

http://usa.bbs.net/bbs/01/index.html?ni=1

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Filed: K-1 Visa Country: Philippines
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Assuming you are single, there appears to be a major mistake made by USCIS here. The I-129F form clearly states:

If you are filing abroad:

File Form I-129F with the service center listed belowbased on the last place you lived in the United States.

NOTE: Your petition cannot be adjudicated at a USCISoffice abroad.

I would begin by calling USCIS to talk this over with them.

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Filed: K-1 Visa Country: China
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Sounds like USCIS did a major SNAFU if you reside in the US and filed at CSC.

Get your senator or congressman involved!

I currently reside in China. My last place of residence in the US was Idaho and according to the USCIS website I should therefore apply at the CSC.

Everywhere else I looked said the same thing. It even says so on the application.

Would submitting it again do anything, or would I just meet the same problem?

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Filed: K-1 Visa Country: China
Timeline

Sounds like you need to resubmit, but make a breif coverpage explaining the special circumstance. That as listed on page X of the I-129F instructions you are to file to CSC....

This can hopefully ensure the package doesn't get returned to you again. Best of luck!

Brian

Sounds like USCIS did a major SNAFU if you reside in the US and filed at CSC.

Get your senator or congressman involved!

I currently reside in China. My last place of residence in the US was Idaho and according to the USCIS website I should therefore apply at the CSC.

Everywhere else I looked said the same thing. It even says so on the application.

Would submitting it again do anything, or would I just meet the same problem?

Together - Forever!!

============================

Knew eachother in August 2005

First trip in January 2007

Second trip in July 2007

Tried F1 student visa in August 2007, denied

Engaged in September 2007, WOW

Third trip in January 2008

K1 visa approved in July 2008

Fourth trip in July 2008

Arrived in the U.S. in August 2008

Parents visited U.S. in October 2008

*********************************

Looking forward to visit China in July, 2009

----------------------------------------------

September 24th, 2007 - Sent Petition to CSC

November 7th, 2007 - Issued NOA1

November 13th, 2007 - Received NOA1 hardcopy in hand (48 days)

February 13th, 2008 - Issued NOA2

February 16th, 2008 - Received NOA2 hardcopy in hand (143 days)

February 29th, 2008 - NVC mailed our Petition to GUZ

April 22nd, 2008 - GUZ received our Petition

May 9th, 2008 - Received P3 from GUZ (226 days)

June 7th, 2008 - Received P4 from GUZ

July 3rd, 2008 - Seal the Medical Packet in Shanghai

July 7th, 2008 - INTERVIEW DATE!!! (285 days) PASS

July 9th, 2008 - Visa in Hand

August 1st, 2008 - Entry to the US, TOGETHER AT LAST!

October 3rd, 2008 - Our Wedding Day

October 31, 2008 - Sent Adjustment of Status documents

December 5, 2008 - Biometrics appointment

January 13, 2009 - Travel Document approved

January 21, 2009 - Employment Authorization approved

April 23, 2009 - Green Card approved

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Filed: Other Country: China
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Sounds like you need to resubmit, but make a breif coverpage explaining the special circumstance. That as listed on page X of the I-129F instructions you are to file to CSC....

This can hopefully ensure the package doesn't get returned to you again. Best of luck!

Brian

Sounds like USCIS did a major SNAFU if you reside in the US and filed at CSC.

Get your senator or congressman involved!

I currently reside in China. My last place of residence in the US was Idaho and according to the USCIS website I should therefore apply at the CSC.

Everywhere else I looked said the same thing. It even says so on the application.

Would submitting it again do anything, or would I just meet the same problem?

Yes, submit the petition again with a copy of the letter you got and a new cover letter addressing it. I-129F petitions cannot be filed at Consulates abroad.

You did file an I-129F petition, right? Your fiance will later submit a K1 visa application. If you submitted a K1 visa application, then you blew it. Visa applications are indeed submitted at Embassies and Consulates abroad but for K1, only after the I-129F petition is approved and the Consulate contacts the beneficiary/applicant.

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

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Timeline
You did file an I-129F petition, right? Your fiance will later submit a K1 visa application. If you submitted a K1 visa application, then you blew it. Visa applications are indeed submitted at Embassies and Consulates abroad but for K1, only after the I-129F petition is approved and the Consulate contacts the beneficiary/applicant.

:blink:

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Filed: AOS (apr) Country: Russia
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Sounds like you need to resubmit, but make a breif coverpage explaining the special circumstance. That as listed on page X of the I-129F instructions you are to file to CSC....

This can hopefully ensure the package doesn't get returned to you again. Best of luck!

Brian

Sounds like USCIS did a major SNAFU if you reside in the US and filed at CSC.

Get your senator or congressman involved!

I currently reside in China. My last place of residence in the US was Idaho and according to the USCIS website I should therefore apply at the CSC.

Everywhere else I looked said the same thing. It even says so on the application.

Would submitting it again do anything, or would I just meet the same problem?

Yes, submit the petition again with a copy of the letter you got and a new cover letter addressing it. I-129F petitions cannot be filed at Consulates abroad.

You did file an I-129F petition, right? Your fiance will later submit a K1 visa application. If you submitted a K1 visa application, then you blew it. Visa applications are indeed submitted at Embassies and Consulates abroad but for K1, only after the I-129F petition is approved and the Consulate contacts the beneficiary/applicant.

I think what he's saying is you must have sent them the actual Visa Application instead of the I129f, or with the I129f. They dont want that at this time. And it cant be filed with CSC. That step is for the consulate.

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

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Filed: Other Country: China
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I sent the I-129F along with the letters, photos, etc. as described on this site

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

that's correct, yes?

Good, then one of their newbies screwed up. Send it again with a clear cover letter and copy of the letter they sent back with your file.

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

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: AOS (apr) Country: Philippines
Timeline

Anybody consider that the OP may not have put a US based address on the petition? If the OP used a foreign address this would prompt a return... would it not?

Is DCF available to the OP should they decide to marry abroad?

Edited by fwaguy

YMMV

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Filed: K-1 Visa Country: Japan
Timeline
Anybody consider that the OP may not have put a US based address on the petition? If the OP used a foreign address this would prompt a return... would it not?

Is DCF available to the OP should they decide to marry abroad?

I live abroad too, in Japan with my fiance, and my I-129F was just approved yesterday without any problems, so they should be OK.

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Filed: AOS (apr) Country: Philippines
Timeline
Anybody consider that the OP may not have put a US based address on the petition? If the OP used a foreign address this would prompt a return... would it not?

Is DCF available to the OP should they decide to marry abroad?

I live abroad too, in Japan with my fiance, and my I-129F was just approved yesterday without any problems, so they should be OK.

Did you provide a US based domicile?

YMMV

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Filed: K-1 Visa Country: China
Timeline
Anybody consider that the OP may not have put a US based address on the petition? If the OP used a foreign address this would prompt a return... would it not?

Is DCF available to the OP should they decide to marry abroad?

Did you provide a US based domicile?

I don't really understand what you mean. I put my current address where requested. Should I not have done so?

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