what happens if your case gets denied

[yohanes 0]

Hi all I am not in the process of filing for k-1 visa yet, but still waiting for next year. But I am curious what happens if your case gets denied , i mean at your fiance's interview, will they put the case on hold until u are able to have all requirement, or will it automatically be a no no. So if its a no no, do u have to file for a k-1 and do the whole thing all over again. thanks

[Ta Ta 1]

That depends entirely on the reason you were denied. You may qualify for a waiver or you may be approved upon submitting more documents.

If you are out right denied then starting over again will get you stuck at the same place again that you didn't get past in the first time.

You have to overcome the issue that you were denied for, no matter how many times you start again.

[payxibka 10,045]

Hi all I am not in the process of filing for k-1 visa yet, but still waiting for next year. But I am curious what happens if your case gets denied , i mean at your fiance's interview, will they put the case on hold until u are able to have all requirement, or will it automatically be a no no. So if its a no no, do u have to file for a k-1 and do the whole thing all over again. thanks

depends on the reason for the "refusal".... missing information?... you most likely will have a chance to "cure"... misrepresentation?... most likely no opportunity to "cure" at the consulate level and the file will be returned to the USCIS

[msu17 0]

There are reasons for denial at all levels of this. If you forgot the check, it'll get sent back, send the check in and its ok. If you haven't fufilled the requirements of the K1 (ie have met in person w/in the last 2 years etc.) then you are denied and you'd need to meet and refile. If you forgot to send something or they want more evidence of your meeting etc then you will get a request for more info, send that in and they'll give you your decision. At the consulate level, if they don't believe you are really in love often times they will provide you the opportunity to present more info but, as mentioned before if you are caught in a lie or misrepresentation, then they often times can deny right there and it's sent back to the US where it dies. Most people, ESPECIALLY from Canada will never have to worry about that unless it's a sham marriage that should be denied anyways (not saying you are).

Just make sure you have done everything that's required, don't forget the check and don't lie and you should be fine. Most mistakes can be fixed during the process.