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ChuckNTeresa

How Can I make an Appeal after a K1 visa Denial

By ChuckNTeresa in K-1 Fiance(e) Visa Case Filing and Progress Reports

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ChuckNTeresa Explorer

ChuckNTeresa   0

Posted
Filed: Country: Mexico
 Timeline
Posted

Good Morning my name is Chuck and my Fiancee name is Teresa ! We are right now in Ciudad Juarez waiting for an appeal for our K1 Visa ! We had an open appointment and went to that on April 16th. After waiting for about 7 months to get to this point we were denied of our Visa becasue the Consulate officer stated he believe that my fiancee and I were already married ! The consulate officer did invite us back a second time and asked that we provide him proof that we was not married and we did that with a certified letter form our goverments office ! After showing him the certified letter and providing him with emails and contacts of the person we talked to in the goverments office. THe consulate officer then stated the letter was worded wrong and that he was not going to review any other eveidence we had. The consulate officer said it was his job to approve or deny our visa and we were denied becasue he continues to believe we are married despite our evidence ! The consulate officer has no prrof to back up resaon for denial because there is no proof. Do you know how long an appeal can take ? Do you have any suggestions where we can go for help ! What can we do from here. Thank you for any insight that you have ! Sincerly Chuck and Teresa.

brnidokiegurl Grand Master

brnidokiegurl   0

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

so they are sending it back? if so u need to try and get it held there, do u know if its back yet? If it comes back to calif it basically is left to expire and u can refile, if vermont they take forever to review....get your state rep involved if you havent already

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

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

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

TBoneTX Grand Master

TBoneTX   46,126

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Also, contact a GOOD immigration attorney in the U.S. I just yesterday found an article ("Denials of Family-Based Immigrant Visas at Consulates and DHS Petition Revocations" by Marc Ellis; try http://www.ilw.com/cgi-shl/pr.pl ) that discusses some burdens on consular officers before they can deny a petition that has passed DHS scrutiny. I am not a lawyer and am not giving legal advice; this is simply a possible avenue for you to consider. You're in a pickle, but with persistence you should be able to get out of it.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Kamaboko Enthusiast

Kamaboko   0

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted
Good Morning my name is Chuck and my Fiancee name is Teresa ! We are right now in Ciudad Juarez waiting for an appeal for our K1 Visa ! We had an open appointment and went to that on April 16th. After waiting for about 7 months to get to this point we were denied of our Visa becasue the Consulate officer stated he believe that my fiancee and I were already married ! The consulate officer did invite us back a second time and asked that we provide him proof that we was not married and we did that with a certified letter form our goverments office ! After showing him the certified letter and providing him with emails and contacts of the person we talked to in the goverments office. THe consulate officer then stated the letter was worded wrong and that he was not going to review any other eveidence we had. The consulate officer said it was his job to approve or deny our visa and we were denied becasue he continues to believe we are married despite our evidence ! The consulate officer has no prrof to back up resaon for denial because there is no proof. Do you know how long an appeal can take ? Do you have any suggestions where we can go for help ! What can we do from here. Thank you for any insight that you have ! Sincerly Chuck and Teresa.

I am sorry, I do not understand what you mean that the officer said your letter was worded wrong. Why would he think u were married? Did u have non legal ceremony or something that was suspected by the consulate?

Pls help us a lil more to help you on that

Thanks and pls try to prevent your case from being sent back to the service center

K-1

Application mailed.............12-04-2008

NOA1...............................12-07-2008

Touched...........................03-19-2008

NOA2...............................03-19-2008

Touched...........................04-08-2008

Touched...........................04-22-2008

Sent to NVC......................04-23-2008

Case number generated.....04-29-2008

Case left NVC....................04-30-2008

Case arrived at embassy....05-06-2008

Packet 3...........................05-07-2008

Medical check....................05-08-2008

Packet 4............................05-08-2008

Interview date....05-22-2008 APPROVED

Visa in hand.......................05-29-2008

US entry............................06-02-2008

The wedding......................06-07-2008

AOS, EAD, and AP

Application mailed..............06-18-2008

Application received............06-20-2008

NOA1................................06-24-2008

Touched............................06-27-2008

Biometrics appointment.......07-15-2008

Touched on I-765...............09-03-2008

EAD Card ordered...............09-03-2008

EAD & AP received..............09-10-2008

AOS interview.....................12-08-2008

AOS approved.....................12-08-2008

Two-year GC received..........01-05-2009

Removing Condition (I-751)

Application mailed..................09-17-2010

Application received................09-20-2010

NOA1................................09-27-2010

Biometrics appointments...11-04-2010 & 12-28-2010

App approved...................01-13-2011

Ten-yr GC received.............01-18-2011

CBR Rising Star

CBR   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

That sure is F'd up! Did you ask him for "proof" that you ARE married? I mean c'mon, that's crazy that they can deny you on their "beliefs" with no evidence yet we are expected to show up with wads of proof and even then they can decline to even look at it, or worse yet, look at it and say "meh, no I deny you anyway". Wow! I hope you're able to get this straightened out!

3/5/11 sent LOC paperwork

3/9/11 date of NOA

?/?/?? biometrics appointment

 
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