Denial of K-1.

[LuckyHelen 0]

What if my visa is denied? How can I appeal?

If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)

I am sorry for such questions, but I very worry. Who will get a letter is my fiance or I? 33 days counted off after the receipt of letter or from the date of writing? How enough time for this process?

Assume it to mean 33 days from the date of the letter and assume "CALENDAR" days, not "business" or "working" days. And the quote given to you here refers to a petition denial, your fiance's petition was not denied, it was approved or you would not have had an interview. You (HE) will receive a different letter

This is strange. Kiev is usually very easy to deal with. There is something up here that you are not, or can not, tell us. Do you have a copy of the I-129f and all documents sent to the USCIS? I just really do not understand how they know so much about his ex-wife unless something sparked an RFE or AP into this situation. And that would not be something good. I fear there are things you do not know in this situation.

The letter should go to your fiance.

I think first you need to have a good long chat with your fiance. I am sorry to break this to you, but I beleive there is something not being told to you aboiut this situation. I think the Consular Officers questions to you confirmed (for him) you do not know about this and that is why the visa was not issued. Your fiance needs to be up front and straight with you. The fact his ex-wife lives in the same apartment building is NOT a reason to deny the visa.

I very appreciate for your advice. I will think about it more. I did not look after, that my fiance was not sincere with me, he is enough opened with me and in general.

I have I-129, but not all documents wich sent to USCIS.

[LuckyHelen 0]

This is what happen to us, in Kiev I was denied a fiancée visa to travel to the United States. I had gone into the interview and obviously, the immigration agent had already made up his mind to refuse me a fiancée visa. The interview proceeded as follows;

The interviewer asked very few questions:

· How Did We Meet?

· How Many Times Has this man Visited Ukraine?

· Where Does this man Works?

Then the immigration agent stated that the man was still married and that his wife, (ex-wife) still lives at the same address with this man. Then he asked me

· Do You Think It Is Okay That You Will Live with this man and His Ex-Wife in the Same House?

I answered that, yes, it would be okay and that his ex-wife already has a another man.

The immigration agent stated that he would not grant a fiancée visa to me but we could get married in the Ukraine if we wanted to. He also said that, he does not believe we have a serious relationship, and he also asked me;

How did this man meet his Ex-wife? I stated, that this man met his ex-wife through friends, and the immigration agent replied,

· No, this man met ex-wife through an agency in the Philippines.

I checked on line at a chat room and was informed that last year an immigration agent had granted a visa to a young lady, where the man in question, had just gotten a divorce from his wife and came to marry this woman. Apparently, this was found out to be a false marriage and the man was put in prison, this young lady was deported back to the Ukraine, and the immigration agent was fired from his job.

This seems to be the basis for their refusal to issue my fiancée visa. This what happen to me.

Yes, he first arrived on Ukraine with his friend a your before when we met.

His wife from Philippines. What I can honour in I-129, I have this document. I can say that he was merried before Philippines too, his first wife was American, they lived 6 years. With Philippines he was married 7 years.

We met in Internet, we met 4 times. He has his own business in a construction. He is a kind, responsive man, I do not belive that he can do something bad.

[Barbeque 0]

Why would you want to marry a divorced guy who is living in the same apartment and friends with his ex? You are just asking for trouble.

[LuckyHelen 0]

Why would you want to marry a divorced guy who is living in the same apartment and friends with his ex? You are just asking for trouble.

He said that he would build other house for us.

[Wyld Blu 35]

Why would you want to marry a divorced guy who is living in the same apartment and friends with his ex? You are just asking for trouble.

Hmmm...I am good friends with my ex, and still live in the same house for economic reasons. I am engaged to a man from Holland. He has even met my ex. It works for all of us. This situation is not asking for trouble but it does require trust and mature people for it to work. Just sayin'....

-Blu- ( )

[Gary and Alla 3,694]

This is what happen to us, in Kiev I was denied a fiancée visa to travel to the United States. I had gone into the interview and obviously, the immigration agent had already made up his mind to refuse me a fiancée visa. The interview proceeded as follows;

The interviewer asked very few questions:

· How Did We Meet?

· How Many Times Has this man Visited Ukraine?

· Where Does this man Works?

Then the immigration agent stated that the man was still married and that his wife, (ex-wife) still lives at the same address with this man. Then he asked me

· Do You Think It Is Okay That You Will Live with this man and His Ex-Wife in the Same House?

I answered that, yes, it would be okay and that his ex-wife already has a another man.

The immigration agent stated that he would not grant a fiancée visa to me but we could get married in the Ukraine if we wanted to. He also said that, he does not believe we have a serious relationship, and he also asked me;

How did this man meet his Ex-wife? I stated, that this man met his ex-wife through friends, and the immigration agent replied,

· No, this man met ex-wife through an agency in the Philippines.

I checked on line at a chat room and was informed that last year an immigration agent had granted a visa to a young lady, where the man in question, had just gotten a divorce from his wife and came to marry this woman. Apparently, this was found out to be a false marriage and the man was put in prison, this young lady was deported back to the Ukraine, and the immigration agent was fired from his job.

This seems to be the basis for their refusal to issue my fiancée visa. This what happen to me.

Yes, he first arrived on Ukraine with his friend a your before when we met.

His wife from Philippines. What I can honour in I-129, I have this document. I can say that he was merried before Philippines too, his first wife was American, they lived 6 years. With Philippines he was married 7 years.

We met in Internet, we met 4 times. He has his own business in a construction. He is a kind, responsive man, I do not belive that he can do something bad.

I am not saying he did anything bad or that he is bad. His living arrangements and friends are none of my concern and he was honest with you about it and you are OK with that. No judgements from me about that.

If you look at the I-129f you should see the two previous wives listed and when he was divorced. That is all the forms ask. My curiosity is about the fact that they know where his ex-wife lives. How? Why? I was divorced before meeting my Ukrainian wife, as was she. There was never any mention of where either of our ex-spouses live. In fact, we had to present a letter for the children in our case from her ex husband and a copy of his internal passport to prove it was his signature. At the time he had never changed his address in the internal passport and it showed he lived at the same address as my finacee! He did not, but the document we presented to identify him said so. No questions were asked about this and I really did not give it a thought. That is why I wonder what was given to them to provide this information? You said you filed your case in January of this year and you have had your interview in May, it doesn't sound like there was additional processing at the NVC, but I could be wrong. And even if there was, the case was still forwarded to Kiev as an approved petition.

You are correct that a "decision" was made before your interview. That is how it works. These people do not know you and can only decide based on what is presented to them. The "interview" only confirms or reverses that decision. Reversing a decision is difficult. In our "interview" there was not even ONE question asked. In your interview, there WAS something that concerned them and this will need to be discovered and corrected before you can go forward with any other visa. Perhaps the letter will tell what it is.

I wish I could say what happened. But it is true, as Payxibka mentioned above, getting married does not necessarily magically erase problems with issuing a visa.

Good luck Helen

[CanTex 1]

Okay here goes. We received a NOID in April, 2009 wanting documentation to support an issue we are having. The NOID told us what to send in and the last paragraph was that USCIS would not be making a decision before June 29. We sent in our reply, via registered mail, and USCIS received it on May 29, 2009. June 30 came and went. We contacted USCIS who put in an email inquiry to be responded within 45 days. We called our Senators office. He sent a letter to us last week and said that we were denied on June 15 and a letter sent on June 16. The letter we received from USCIS dated June 16 was the identical NOID letter received in April, just the last paragraph indicating that they would not be making a decision before June 30 was deleted. This was not a letter of Denial. Called USCIS again yesterday and she asked if we would like the Denial Letter sent out again, of course. It wasn't her fault that US postal services did not deliver it to us - we would have to take that up with them. We have always gotten any written communication from them. However, the 30 day appeal period has passed. We want to appeal and she said that she would do an email to the proper department. We have faxed the 2 NOID letters to our Senator and maybe he can help us.

What I am inquiring about what is everyone's opinion about an appeal vs. getting married and filing the CR1? I am just beside myself with this stuff.

Thanks for any input.

[CanTex 1]

Oops posted someone else's thread. Will do my own.

Sorry

Okay here goes. We received a NOID in April, 2009 wanting documentation to support an issue we are having. The NOID told us what to send in and the last paragraph was that USCIS would not be making a decision before June 29. We sent in our reply, via registered mail, and USCIS received it on May 29, 2009. June 30 came and went. We contacted USCIS who put in an email inquiry to be responded within 45 days. We called our Senators office. He sent a letter to us last week and said that we were denied on June 15 and a letter sent on June 16. The letter we received from USCIS dated June 16 was the identical NOID letter received in April, just the last paragraph indicating that they would not be making a decision before June 30 was deleted. This was not a letter of Denial. Called USCIS again yesterday and she asked if we would like the Denial Letter sent out again, of course. It wasn't her fault that US postal services did not deliver it to us - we would have to take that up with them. We have always gotten any written communication from them. However, the 30 day appeal period has passed. We want to appeal and she said that she would do an email to the proper department. We have faxed the 2 NOID letters to our Senator and maybe he can help us.

What I am inquiring about what is everyone's opinion about an appeal vs. getting married and filing the CR1? I am just beside myself with this stuff.

Thanks for any input.

[Mike B. 231]

My curiosity is about the fact that they know where his ex-wife lives. How? Why?

That is strange. Maybe the CO picked it up from a peice of evidence submitted. The guy just recently got divorced from his wife. Maybe they still have a joint bank account with one address on it, and the financial evidence made that obvious? Just a random stab in the dark.

Also, it seems that there might have been a misunderstanding. The OP said that her fiancee owns an apartment building in which the boyfriend of his ex-wife rents an apartment. That is very, very different from him actually living in the same house as his ex-wife. I wonder if things were just miscommunicated to the CO.

[DeniseBill 4]

Reply to the poster. I'd tell my fiance to kick out the exwife first. So there's no reason anymore for maybe an second denial. I mean, who is important? The exwife or the new woman he is suppose to spend the rest of his life with. =]

[Gary and Alla 3,694]

Okay here goes. We received a NOID in April, 2009 wanting documentation to support an issue we are having. The NOID told us what to send in and the last paragraph was that USCIS would not be making a decision before June 29. We sent in our reply, via registered mail, and USCIS received it on May 29, 2009. June 30 came and went. We contacted USCIS who put in an email inquiry to be responded within 45 days. We called our Senators office. He sent a letter to us last week and said that we were denied on June 15 and a letter sent on June 16. The letter we received from USCIS dated June 16 was the identical NOID letter received in April, just the last paragraph indicating that they would not be making a decision before June 30 was deleted. This was not a letter of Denial. Called USCIS again yesterday and she asked if we would like the Denial Letter sent out again, of course. It wasn't her fault that US postal services did not deliver it to us - we would have to take that up with them. We have always gotten any written communication from them. However, the 30 day appeal period has passed. We want to appeal and she said that she would do an email to the proper department. We have faxed the 2 NOID letters to our Senator and maybe he can help us.

What I am inquiring about what is everyone's opinion about an appeal vs. getting married and filing the CR1? I am just beside myself with this stuff.

Thanks for any input.

Whatever the "issue" is will follow you with a CR-1. You need to correct the "issue" before filing for any other visa. Only you can decide which is better in your case.