K-1 Denied

[Inyakee 2]

What evidence did you submit as proof of relationship?

Just the birth certificate of our son and filmed-dated pics

[baron555 934]

Just the birth certificate of our son and filmed-dated pics

Obviously thata not enough, the photos are secondary and the BC doesn't prove you two met in the last two years, maybe the child was conceived by AI. You don't need to be there physically for that. You need passport stamps, hotel receipts, boarding pass copies, currency exchange receipts, and then some photos. If you don't have these then take another trip thar generates these. The BC doesnt prove anything since BCs can be falsified also.

[pushbrk 12,994]

Hi there everyone! My K-1 visa petition was been denied due lack of evidence of my relationship to my fiance. It was my mistakes because I only send a filmed- dated picture and a birth certificate of our son. I thought that was good enough as my proof of relationship to my fiance. Now I need go to to Canada again to get a passport stamp because I need to ask them for that ask my proof of entry to Canada. I was been to Canada for 50 times or more but they don't put a passport stamp and now I have to ask them for that. My question is which is better to re-apply again or to appeal? And how long do I have to wait to re-apply again? Thanks in advance.

If your petition was denied it was for lack of evidence of meeting in person, not lack of evidence of a relationship. Unless you have the needed primary evidence of meeting in person, you'll need to start over again.

[Inyakee 2]

Thanks for the help and advice guys. I guess I have to start over again and collect all the necessary documents.

[flustered 14]

They will not stamp passports at the Canadian border..trust me I begged and pleaded..I needed proof that my daughter was entering the US legally when I drove to get her...they would not do it..try explaning to immmigration how she got in the US legally with absolutely no proof..was not easy.

as for the I290B I also filed one of those and it took 5 months even tho the letter they send you when they receive it says 30 days

[canadian_wife 1,823]

I simply asked nicely to get a passport stamp and was given one with no issues.

To say they WILL NOT is inaccurate as obviously passport stamps have been given at the border. I'm sorry you were not given one; however a lot of people, myself included, are

Good luck OP - I think you'll need to file again. When you go up next time, collect heaps of evidence. Get ATM receipts, pitures with her family, affidavits from her family, pictures with your son.

Good luck

They will not stamp passports at the Canadian border..trust me I begged and pleaded..I needed proof that my daughter was entering the US legally when I drove to get her...they would not do it..try explaning to immmigration how she got in the US legally with absolutely no proof..was not easy.

as for the I290B I also filed one of those and it took 5 months even tho the letter they send you when they receive it says 30 days

[daboyz 36]

Thanks for the help and advice guys. I guess I have to start over again and collect all the necessary documents.

Did they outright deny you? Or did they give you a piece of paper that says 221g on it asking for more info?

[TracyTN 237]

I believe only the I 129f petition was denied - not the visa at the interview (which could garner a 221g). I think the OPs first post muddies the waters a bit by saying 'visa petition'.

[daboyz 36]

Ohh ok, so it never made it out of USCIS.

[CQ & CS 2]

I'm the petitioner. My fiance lives in Toronto and I'm a US citizen who lives in Chicago.

I need to get a passport stamp as my proof of entry to Canada.

The denial notice says that The petitioner did not submit information regarding the circumstances under the petitioner and beneficiary met to establish the relationship. Further, no documentary primary evidence was submitted regarding when and where the petitioner and beneficiary had personally met.

Do you keep emails or sms for the pass two years? Skype, Yahoo Messager, SMS etc. In my case, I only sent two pictures with tones of daily SMS copies and boarding passes that Aaron and I visited each other.

I'm not sure aboout the Appeal and I will leave that to other VJers who have that experience.

Edited December 30, 2010 by CQ & CS

[daboyz 36]

If this was shot down before it ever got out of USCIS, best bet is to get the information they want and start over. Also, if you get approved they will be asking for much more proof at the consular interview.

[Minya's wife 25]

And I do have a marriage certificate approved by the Canada and lawyers permit to get marriage. Is this enough to prove them that I met my fiance for the past two years?

What do you mean marriage certificate? Are you married?

The underlying condition of the I-129F is that you the petitioner prove w/ documents that you have physically met your fiancee at least once within two years from the time you file your petition. So a hotel receipt, dated within two years from now would work...atm receipts showing transactions in your fiancee's city/town would work, airline boarding passes to your fiancee's city would work....any other such evidence that is considered by USCIS as "primary" evidence, establishing that you met. Photographs, BTW, no matter that they are date stamped, are considered secondary evidence.

[Inyakee 2]

What do you mean marriage certificate? Are you married?

I'm sorry, I mean marriage license. We are suppose to be to get married in Toronto and file for I-130 form that's the original plan. But, we decided to file for k1-visa and marry her here in Chicago.

[canadian_wife 1,823]

The marriage licence is irrelevant. I got mine in Toronto without my husband even being in the country. It is not proof you met in the past 2 years

I think your case is weak. I suggest if you cannot get stronger evidence, you should just refile

Good luck

[Inyakee 2]

Do you keep emails or sms for the pass two years? Skype, Yahoo Messager, SMS etc. In my case, I only sent two pictures with tones of daily SMS copies and boarding passes that Aaron and I visited each other.

I'm not sure aboout the Appeal and I will leave that to other VJers who have that experience.

I just drove down there to Canada once a month, so I don't have any boarding pass. I only got some emails for the past months and phone calls from magic jack, bank statements all the transactions that I made in Canada.