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What if your K3 visa is denied at the embassy?

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Filed: AOS (pnd) Country: Egypt
Timeline

My husband's visa interview is coming up in a few days. I am beginning to get anxious, nervous, etc. What happens if the embassy, for whatever reason, denies his visa? What are our options? We pursued K-3, leaving the I-130 petition at NVC, would we still be able to pursue that for CR-1 without starting the process all over? (It has been about 2 months since NOA2 for the I-130) I have also read something about trying to keep your application at the embassy after a denial, what is that about?

I am really trying to think positive, but I also want to be prepared in the event that the worst happens...

Thanks!

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Filed: Citizen (apr) Country: Colombia
Timeline

Tense time, wife and I talked about this like I am sure all of you have. We just developed the attitude that if my country that I have served for wouldn't let me bring my wife here, we would find a country that would. We wanted to live together and have over 200 countries to chose from. But the key is to be 100% honest on all your applications and provide all the proof they require.

We had tension again with the I-751, but not as much with the N-400 with her, but did discuss the possibility of tattooing her green card on her forehead so she wouldn't forget it. Wife really got braindead at our interview, with all those armed guards and stuff, but I am accustomed to fighting for freedom, was trained by our government for this. But this time was fighting for my own freedom but found the USCIS to be extremely paranoid about fraud. Just put all of your cards on the table, and it will work out.

Couldn't find a gal like my wife next door. Well worth the effort, but still need psycho therapy, whenever I see a piece of paper, feel I have to save that for evidence.

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If they deny the application, you will have to correct the reason for denial, before pursuing another visa type.

(either by answering any RFE's if applicable or filing an appeal in worst case denials).

If it is denied - they will give you further instructions on what you should do.

I wouldn't worry, just take it easy and be prepared.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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

hopefully just be very prepared for this interview, k3 cr1s will not expire like the k1 so it would be sent back for more review sometimes you can gather the right answers to give them BUT this review time takes forever and a day i know some going on 2 yr so just do all you can this time around and pull thru it, know each other inside out and have him relax as much as possible

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

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Filed: Other Country: China
Timeline
hopefully just be very prepared for this interview, k3 cr1s will not expire like the k1 so it would be sent back for more review sometimes you can gather the right answers to give them BUT this review time takes forever and a day i know some going on 2 yr so just do all you can this time around and pull thru it, know each other inside out and have him relax as much as possible

The I-129F for spouse has it's approval expire the same way it does for a fiance(e). The I-130 does not.

What happens next if the visa isn't approved at the interview depands on why.

If the visa couldn't be denied, we wouldn't petition, apply and interview. We would just "register".

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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If the visa is denied, he needs to stay as calm as he can and find out as much information as he can about the exact reason for the denial before he leaves the consulate. Usually, they should give him a paper with a sequence of numbers and letters that tells which paragraph of the INA they're using to justify the non-issuance of the visa. He needs to keep that paper, even if he doesn't understand it. Later on, either you, he, or an immigration attorney can look up the paragraph in the INA and figure out what went wrong.

He should also calmly and politely ask them what his next course of action should be. Sometimes they'll tell him to make a later appointment and bring in more documents of a specific type, or other times they'll tell him to file a form requesting a waiver.

Beyond that, the appropriate action consists of using the information gathered at the consulate to figure out what went wrong and address the problem.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Lift. Cond. (pnd) Country: Peru
Timeline

Just be honest, try to answer only what you were asked and bring all the evidence you can. You will be ok, I had nightmares days before my interview but thank God everyhting worked out :)

Good luck!!!!

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