K1 Denied at interview

[steveee 0]

PLS help!!! i feel like my world ended.. my fiance told me that she got denied a visa at interview yesterday and they checked "OTHER" on the form and put "relationship for immigration purposes only" and said they are to send our file back to uscis for reconsideration.... I dont know what to do. our approval notice had an expiration date of March 6, 2009. What will happen to our case now... should we just get married and file IC/CR1 instead... any advice would really be greatful we are both so heart broken and depressed right now

I will fill my timeline soon....

Im sorry to hear that daboy69, i got my denial also last Sept 29, 2008 "due to 212(a)(P5)(A)" it says that "Your relationship with the petitioner does not satisfy the legal requirements for immigration benefits, and there is a remarks saying "that our relationship was not bonafide but rather entered into for immigration purposes only" that's the letter that they sent to me after the investigation because i was under AP for almost 2 months and that was the final decision and they give me an appointment again to go back to USEM date above for formality and the CO told me that the petition will be sent back to USCIS for revocation and even i brought more documents to proved but she didn't considered becuase as per to her the decision was already final, and her advice was make an appeal address direct to USCIS.. and i'm very thankful for this website coz it really helps me a lot, so i decided to make a letter of appeal like this:NVCInquiry@state.gov i sent my letter of appeal Oct 10, 2008 and they replied Oct 28, 2008 saying that they sent back my petition to US Embassy abroad, i'm not 100% sure that it would help in your case but try it!!!, i got approved for this, hopefully it works for you too. Good Luck...

Case Number: XXXXXXXXXX

Petitioner: name & date of birth

Beneficiary: name & date of birth

Phone:

Reference: appeal for K-3 visa refused (attention supervisor)

Dear sir/madam,

Content of the letter explain the situation

Sincerely yours,

Petitioner's name

Address

email address

[Old Dominion 26]

You need to get to Manila and go to the U.S. citizens' service office at the Embassy. I also learned the hard way, a few years ago, that not being with her for the interview cost her the K-1. As it developed, she might not have been as good a choice for me as the one I later married. Age difference or not, we have been just right for each other in every way.

[YuAndDan 153]

Moving this to the correct forum.

[aljhel 0]

The fact that her Lola introduced you to her envisions the Embassy of getting the idea that her Lola is tryin to bring her to the country through you.

Thank you pushbrk: i think she was also so nervous and she couldnt think straight and possibly stuturred alot.

I had monies set aside for her flight, adjustment of status and wedding, looks like i will have to use those funds!!

Thanks everyone... I really appreciate everyones concerns. I just hope that we can recover from this and that there will be a light at the end of the tunnel for us.

Thank you!!!!

her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country.

If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be?

Hire an immigration attorney in Manila immediately, so that they can arrange for you to attempt to overcome this decision before the case is returned. The petition approval expiration is the least of your worries.

Particularly in Asia, being introduced by a family member can be a huge red flag. If you are Filipino as well, even more so. The first item on the agenda would be to get as detailed a report on what happened at the interview as possible. It needs to be as close to an actual transcript as your fiancee can possibly manage to remember.

[greg584 0]

From what I understand CSC tend to just ignore returned K1's. VSC will review more frequently review the petition after a hideous time. If they review and agree with the consulate you have to refute it. If they agree that you have a valid relationship the will reinstate their approval and resend it. If you cancel your petition it tends to be entered into the database like the conulate was right and your SO has a misrepresentation flag to fight also.

This is why it's so important to hire a local Manila attorney to keep the case in Manila. Otherwise you are looking at a very long time before know anything more than you know now. Get that detailed interview report as soon as possible and get the attorney hired, even if you have to go there to do it.

Pushbrk, when you mention a detailed interview report, is the interview recorded in any fashion? Or is the report just the hand written notes taken by the interviewer? I just ask because I wish to have preparations also for a worst case scenario, and hope to not need it. Such as a local lawyers number, my politicians numbers, etc. Does the fiancee have somewhat immediate access to the report? Or do we need to have someone request this for us?

[bquillera30 0]

can u help how did u appieled the case i was to denied

[bquillera30 0]

i need ur help i was denied what do i have todo

[TBoneTX 44,614]

Pushbrk, when you mention a detailed interview report, is the interview recorded in any fashion? Or is the report just the hand written notes taken by the interviewer? I just ask because I wish to have preparations also for a worst case scenario, and hope to not need it. Such as a local lawyers number, my politicians numbers, etc. Does the fiancee have somewhat immediate access to the report? Or do we need to have someone request this for us?

Pushbrk can answer with more completeness and authority, but here's a partial answer. Every word during the interview, and likely every movement not only then but within the embassy, is audio- and video-recorded. I am 99.44% certain that the only way to receive any access to the contents of the report is via an official request that would take months or years, if ever, to accomplish.

i need ur help i was denied what do i have todo

No one here can begin to help you until you provide details of the interview and the contents of any letter or slip of paper that your fiance(e) received afterwards.

[Nikita2Charles 32]

A friend of mine got denied also at the interview, sent email to the embassy that was in Haiti, and they said the file had been sent back to USCIS, Thanks to the good folks here from visajourney specially Steveeee , she sent the email to nvc and she just got a letter from NVC requesting almost $600 for the appeal, i noticed more and more appeal i am wondering if that's a gimmick to get more money from the folks going through K1.

[tommyle09 0]

My k1 case was denied on oct 08 in HCMC Vietnam and recently receive this email from USCIS...

On February 24, 2009, 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. You can also receive automatic e-mail updates as we process your case.

Is it a good idea to send a letter of appeal to NVCInquiry@state.gov or is it too late?

Thanks....Tommy

[emt103c 10]

Your case is no longer with the NVC and the NVC doesn't handle appeals anyway. Do not try to send an appeal to the NVC.

[steveee 0]

A friend of mine got denied also at the interview, sent email to the embassy that was in Haiti, and they said the file had been sent back to USCIS, Thanks to the good folks here from visajourney specially Steveeee , she sent the email to nvc and she just got a letter from NVC requesting almost $600 for the appeal, i noticed more and more appeal i am wondering if that's a gimmick to get more money from the folks going through K1.

What?!! the NVC requesting for payment? how come i never paid even single penny for my appeal before, did somebody do it for your friend? or she did it by herself? thats horrible.....

[steveee 0]

My k1 case was denied on oct 08 in HCMC Vietnam and recently receive this email from USCIS...

On February 24, 2009, 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. You can also receive automatic e-mail updates as we process your case.

Is it a good idea to send a letter of appeal to NVCInquiry@state.gov or is it too late?

Thanks....Tommy

I don't think so maybe your petition was already revoke or close you can file a motion to reopen your case maybe but it takes forever...research more what is the best thing to do next, good luck!!!