K3 Interview failed

[Kelvin Ly 0]

My sister in law failed the K3 interview last month in Vietnam. They say the paper will be send back to CIS here in the US.

How can we go about appealing the case? What is the procedure? Can we send a letter of explanations with evidences which we think can address their concerns.

Another question is, now that the I-129F failed. Can we proceed with I-130?

Please help!!!

[Jauque 1]

I'm confused, who is we? Your sister and her husband?

When was her denial? It would be best if she contacted a lawyer to help her keep her petition in Vietnam.

But you said that she applied for a K3 so is she married or a fiance, did they initially file only a I-129F? Because if they are married and submitted only the I-129F that would explain the denial. Judging from your signature however you understand this process or have at least gone through it. Please be more specific.

Edited August 11, 2009 by Jauque

[Dakine 26]

She can still go for the CR-1 but the reason she was denied the K3 is still there.

A LOT depends on why she was denied the K3?

[Twisted K 2]

But you said that she applied for a K3 so is she married or a fiance, did they initially file only a I-129F? Because if they are married and submitted only the I-129F that would explain the denial. Judging from your signature however you understand this process or have at least gone through it. Please be more specific.

I-129F is for both K1s and K3s. K3 just has the additional I-130 which lets the petitioner pursue either the K3 or CR1 (both spousal visas)

[Chica Yeyé 41]

What was the reason for the denial? If it is not solved by the time the CR-1 interview comes, they will be denied again.

[sjr09 155]

She can still go for the CR-1 but the reason she was denied the K3 is still there.

A LOT depends on why she was denied the K3?

TRUE

[Anh map 2,098]

My sister in law failed the K3 interview last month in Vietnam. They say the paper will be send back to CIS here in the US.

How can we go about appealing the case? What is the procedure? Can we send a letter of explanations with evidences which we think can address their concerns.

Another question is, now that the I-129F failed. Can we proceed with I-130?

Please help!!!

You shouldn't have to "think" or "guess" the concerns. The reasons on the blue or white slip are what will need to be addressed in order to have a successful petition. Filing a CR1 with the same information will get the same result: denial.

What did the denial say?

[Old Dominion 26]

Her USC can contact USCIS to see how quickly they will tell him why it was denied. After that, there is a basis for appealing in most cases...mostly by correcting whatever information they used to deny.

[ScottThuy 140]

Her USC can contact USCIS to see how quickly they will tell him why it was denied. After that, there is a basis for appealing in most cases...mostly by correcting whatever information they used to deny.

The NOD must include a reason for denial... if they know it was denied.. they should know why... Th CO denied not USCIS...

[Kevin and 10]

Our CR1 was held up at the NVC while our K3 was sent on the the Consulate. After the our K3 was sent back the NVC also sent the unprocessed CR1 back to the USCIS. But we had a CR1 sent back a couple years earlier.

Be prepared for a long wait. Address everything listed on the blue slip. Have everything ready well before you get the RFE to respond to the NOIR . You will only have 30 days to submit your rebuttal.

[Kelvin Ly 0]

My sister in law failed the K3 interview last month in Vietnam. They say the paper will be send back to CIS here in the US.

How can we go about appealing the case? What is the procedure? Can we send a letter of explanations with evidences which we think can address their concerns.

Another question is, now that the I-129F failed. Can we proceed with I-130?

Please help!!!

You shouldn't have to "think" or "guess" the concerns. The reasons on the blue or white slip are what will need to be addressed in order to have a successful petition. Filing a CR1 with the same information will get the same result: denial.

What did the denial say?

Thanks to all of you for your response.

Of course I DO understand that if we don't come up with the new proof that address the issue, we will get same results. This is obviously clear.

The USC has not send me the Notice of Denial (NOD) so I don't know specifically what it says, but from what he told me that they denied my sis inlaw because of the following reasons:

1. She can't answer where's her husband's father born. The USC's parent divorced 15 years ago and his father totally disconnected from the family, therefore the father is not in his life and so he does not mention about his father to his wife.

I will submit a copy of the Divorce paper of his parent to show that they divorced a long time ago and the explanation above.

2. The USC moved to AZ from HI to live with us and expect to have his wife join her sister (my wife) later. When he's here, I helped him filed the I-130 and then I-129F. He stayed with us for about 3 months but couldn't find a decent job besides working for Pizza Hut. Then he moved back to HI.

The CO asked my sister inlaw where's the USC work in AZ, and she said "a pizza place" but couldn't name "Pizza Hut".

Plus, the CO ask "where will you live with your husband when u come to the US", she said "Hawaii". The CO probably had concern that why the petition was filed from AZ (when the USC moved here for 3 months), but they will settle in Hawaii.

I will submit copies of his Pizza Hut pay stubs to prove that he actually stayed in AZ for a period of time when he filed the petitions.

For some reasons, my sis inlaw and him did not address these things during the interview process.

Now you guys told me that we can proceed with the I-130. But should we? Or should appeal the I-129F? Which one is faster?

Thanks.

[Dakine 26]

If the K3 petition has been sent back then it should be a lot faster if you continue with the I-130 [CR-1]. You'll end up with a MUCH better visa also.

Have your senator or congressman find out exactly why you guys were denied the K3.