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Filed: K-1 Visa Country: India
Timeline
Posted
He says it says not bonafide relationship. He says they didn't like that 7 years ago his borther also came on a K-1 to America and now is no longer married to his wife. That has nothing to do with us!!! I am so heartbroken I don't know what to do.

How did they know about the brother who came to America? There is place where in the I-129F for brother or sister.

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Filed: Citizen (pnd) Country: Morocco
Timeline
Posted
I married my fiance 3wks after they sent my K1 petition back from Morocco, and it only took us 4mos to get everything approved and have him here with me in the states on a CR1 Visa. So don't listen to people that tell you that you have to wait to find out. HOG WASH. The CR1 is a new petition so you can file it without waiting for them to come up with a decision about your K1.

You were one of the lucky ones, and I only know of a few which can be counted on both hands. I have known more cases faced with delays due to a decision of this nature than cases who made it through making the same decision.

I have been researching and following returned petitions specific to this consulate as well as others outside of my own experience since January of 2006, to say that information I point out based on the research and experience not only of myself but of a large number of other members over the last 4 years is hog wash is a bit drastic.

Technically you are correct, anyone can file a new petition while they have a pending return. Technically a marriage nullifies a K1, even when returned. However, there is a real risk of delays when the choice is made to do this without addressing the returned petition, and the risk is on the Department of State end of the process.

If approved by the USCIS it is then all up to the consular officer who is handling the case, and also depends on the reason(s) for return in the first place which is contained in the beneficiary's file at the consulate and is legally kept for a period of 1 year from the interview date.

For the majority there are too many unknown variables which cause the return, which makes it quite a #######-shoot if you ask me. I personally was not willing to take this chance when it came to my own case. To this day my husband and I are happy we didn't take such a gamble, I commend anyone who has and were successful.

I firmly believe that each person who is faced with this issue needs to be presented with all of the information so they may determine which route is best for them, this is the very reason I am here. A good immigration attorney well versed in returned/denied petitions/applications can also assist someone who is not sure which route would be best for them. However, understanding all options, and consequences of each decision is extremely important.

I urge anyone who is faced with this issue to read all the information which has been gathered over recent years, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications to assist you in any decision such as this.

(F)~kiyah~(F)

~ Returns & Refusals...What They Don't Tell You ~

DISCLAIMER: I am not an attorney, all information provided is from years of research and personal experiences of those affected by returned visa petitions/applications. If this is happening to you, my personal advice is to research the facts, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications.

~ Faith, Patience, Perseverance ~

Filed: K-1 Visa Country: India
Timeline
Posted
I have been researching and following returned petitions specific to this consulate as well as others outside of my own experience since January of 2006, to say that information I point out based on the research and experience not only of myself but of a large number of other members over the last 4 years is hog wash is a bit drastic.

(F)~kiyah~(F)

I would tend to agree with ~kiya~, she does have a point. Each case is unique and without addressing the known issues, might lead to the same result (possibly). You may be loosing some time to wait for the final decision from USCIS it may be a better in the long run. You can get the USCIS decision expedited through your congressman - in my case it took approximately 2 months (from the time CO denied) for California Service Center to give their final decision (i.e. denied). Again, my reason was different........couldn't estab.......bonafied relationship and petition expired.

Good luck to you!

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted
You were one of the lucky ones, and I only know of a few which can be counted on both hands. I have known more cases faced with delays due to a decision of this nature than cases who made it through making the same decision.

I have been researching and following returned petitions specific to this consulate as well as others outside of my own experience since January of 2006, to say that information I point out based on the research and experience not only of myself but of a large number of other members over the last 4 years is hog wash is a bit drastic.

Technically you are correct, anyone can file a new petition while they have a pending return. Technically a marriage nullifies a K1, even when returned. However, there is a real risk of delays when the choice is made to do this without addressing the returned petition, and the risk is on the Department of State end of the process.

If approved by the USCIS it is then all up to the consular officer who is handling the case, and also depends on the reason(s) for return in the first place which is contained in the beneficiary's file at the consulate and is legally kept for a period of 1 year from the interview date.

For the majority there are too many unknown variables which cause the return, which makes it quite a #######-shoot if you ask me. I personally was not willing to take this chance when it came to my own case. To this day my husband and I are happy we didn't take such a gamble, I commend anyone who has and were successful.

I firmly believe that each person who is faced with this issue needs to be presented with all of the information so they may determine which route is best for them, this is the very reason I am here. A good immigration attorney well versed in returned/denied petitions/applications can also assist someone who is not sure which route would be best for them. However, understanding all options, and consequences of each decision is extremely important.

I urge anyone who is faced with this issue to read all the information which has been gathered over recent years, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications to assist you in any decision such as this.

(F)~kiyah~(F)

Kiyah I believe you are an Immigration Lawyer, that's out to make a few dollars off of people that barely have enough to make it in life.

إله الخير المغرب بلد جميل! Hasbunallah wa ni'am al-wakil Tawkkalna Alay Allah

  • 6 months later...
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Customer Service Statement to Visa Applicants

The Department of State manages the visa process strictly but fairly in order to best protect the United States. We are committed to the essential openness for which the United States has always been known. Travel to the United States is welcomed and encouraged.

We promise to you, the visa applicant, that:

* We will treat you with dignity and respect, even if we are unable to grant you a visa.

* We will treat you as an individual and your case as unique.

* We will remember that, to you, a visa interview may be a new or intimidating experience and that you may be nervous.

* We will use the limited time available for the interview to get as full a picture as possible of your travel plans and intentions.

* We will use our available resources to fairly assist all applicants to get appointments to allow travel in time for business, study, and other important obligations.

* We will post detailed and accurate information on visa requirements and application procedures on every Embassy and Consulate website.

* We will provide information on nonimmigrant appointment waiting times at every Embassy and Consulate posted on http://travel.state.gov.

* We will explain the reason for any visa denial to you.

Furthermore, if you are a:

* Student, we will make every effort to ensure that you get an appointment and, if qualified, a visa in time to start classes.

* Medical and humanitarian emergency traveler, we will expedite processing for those dealing with life threatening emergencies.

* Business traveler, we will establish appropriate mechanisms to facilitate business travel and expedite cases of particular concern to American business.

At the same time, we expect you, the visa applicant, to:

* Plan your travel and visa application as far in advance as possible.

* Complete your application fully and accurately.

* Be forthcoming about your purpose and plans.

* Prepare for your interview by being able to clearly and concisely describe your intentions.

Here is the web page for others... http://travel.state.gov/visa/visa_2796.html

AN ACT OF KINDNESS

LIFTS TWO SOULS

  • 5 months later...
Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

My fiance was denied a K-1 visa also in Casablanca, he felt the woman consular had her decision made up from the

beginning. Some of her questions were unbelievable, what is your fiancee's father salary, what date did your

fiancee quit her last job, why did she quit that job, what was her position. Now this might be a normal question

if I changed jobs routinely but my last job was 12yrs ago, and its not something that we would discuss in day to day

discussions. The woman did not look at any of our evidence except took emails, she didn't look at photos , chat

sessions, phone logs. Our relationship started 18months ago, I have been there once and will be returning again

next month. I know our engagement is a red flag in Morocco being that there is a 11yr age difference, they are highly

suspect that its not real. In actuality the visa is not important for us except the fact that I can't move there

for another 3 yrs. I have my youngest in high school still. If I must travel back and forth for 3 yrs I will, but

doesn't seem fair that we should have to surrender to this because of someone else's judgement.

I called immigration here in Vermont and was told there must be a exact reason for denial and I will see this when

I get the notice, it could take 30days. My fiance's english is not fluent, but enough to understand a normal conversation.

He said the woman spoke very fast, and when asked to please repeat she spoke just as fast.

Any ideas for helping us through this? I'm wishing now I would have just waited and married him this year, and then

filed for a marriage visa, but wanted my family to be a part of it. WE HAVE A REAL RELATIONSHIP, WE LOVE EACH OTHER!!!

  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

My fiance was denied a K-1 visa also in Casablanca, he felt the woman consular had her decision made up from the

beginning. Some of her questions were unbelievable, what is your fiancee's father salary, what date did your

fiancee quit her last job, why did she quit that job, what was her position. Now this might be a normal question

if I changed jobs routinely but my last job was 12yrs ago, and its not something that we would discuss in day to day

discussions. The woman did not look at any of our evidence except took emails, she didn't look at photos , chat

sessions, phone logs. Our relationship started 18months ago, I have been there once and will be returning again

next month. I know our engagement is a red flag in Morocco being that there is a 11yr age difference, they are highly

suspect that its not real. In actuality the visa is not important for us except the fact that I can't move there

for another 3 yrs. I have my youngest in high school still. If I must travel back and forth for 3 yrs I will, but

doesn't seem fair that we should have to surrender to this because of someone else's judgement.

I called immigration here in Vermont and was told there must be a exact reason for denial and I will see this when

I get the notice, it could take 30days. My fiance's english is not fluent, but enough to understand a normal conversation.

He said the woman spoke very fast, and when asked to please repeat she spoke just as fast.

Any ideas for helping us through this? I'm wishing now I would have just waited and married him this year, and then

filed for a marriage visa, but wanted my family to be a part of it. WE HAVE A REAL RELATIONSHIP, WE LOVE EACH OTHER!!!

Being married doesn't make any difference. They denied us as well. I've taken an new attitude about them - as for me I can go

there now to live and I am. In the midst of packing.

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

How did you get a second interview? What can I do? He was issued a 221-g. I have already called my congressman and they say they will e-mail the Consulate. What else can I do to get this looked at again? We had so much evidence and they didn't care and he was so nervous.

From what I can tell - I don't think they read anyone's evidence. So what's the point? My husband had the nasty brown haired Chief. This is typiclal federal bureaucracy. I'm very unimpressed with their tactics.

 
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