Visisting US after application denied

[krm 0]

Hello Vjers

We sent in our application for K1 end of July and received RFE end of December, we had sent in the small birth certificate instead of the large one and they also wanted copies of my pasport (me being the beneficiary), so we sent that on the 19th of January, until now we didn't get any news so today my fiance called USCIS and was told that our application was denied and that he would receive a letter explaining why they had denied it.

I had visited my fiance 4 times in the past year and a half and we had photos, flighttickets, boardingpasses, pasportstamps, receipts from my visa from restaurants, shops, to proof that, i really don't know what went wrong and why we didn't get accepted, at the moment i'm totally in shock, hearing this after waiting for 7 very long months, i still can't believe it.

Any ideas on what we can do now are very welcome.

I do have a question about me going to see my fiance now, will this denial cause me any problems with entering the US? and on the Esta-form for the Waver program, one of the questions is "Have you ever been denied a US Visa or entry into the US or had a US visa cancelled", what do i reply on that? Is the I-129 application already a visa application or not, i'm a bit confused.

[SophWeb 25]

Hello Vjers

We sent in our application for K1 end of July and received RFE end of December, we had sent in the small birth certificate instead of the large one and they also wanted copies of my pasport (me being the beneficiary), so we sent that on the 19th of January, until now we didn't get any news so today my fiance called USCIS and was told that our application was denied and that he would receive a letter explaining why they had denied it.

I had visited my fiance 4 times in the past year and a half and we had photos, flighttickets, boardingpasses, pasportstamps, receipts from my visa from restaurants, shops, to proof that, i really don't know what went wrong and why we didn't get accepted, at the moment i'm totally in shock, hearing this after waiting for 7 very long months, i still can't believe it.

Any ideas on what we can do now are very welcome.

I do have a question about me going to see my fiance now, will this denial cause me any problems with entering the US? and on the Esta-form for the Waver program, one of the questions is "Have you ever been denied a US Visa or entry into the US or had a US visa cancelled", what do i reply on that? Is the I-129 application already a visa application or not, i'm a bit confused.

Yes, the I-129 is a visa application form. You must answer that question truthfully and say you were denied. If you misrepresent yourself (read: lie) than that can be grounds for a 5, 10 or lifetime ban from entering the U.S.

Edited February 24, 2011 by SophWeb

[JLaw 2]

Without knowing more than what you've typed, that decision just doesn't seem to make any sense.

[Harpa Timsah 13,258]

You haven't applied for a visa yet, that was just the petition, and it sounds like it was denied for lack of evidence/filling out forms incorrectly. You, the beneficiary, never applied for anything yet. I am not sure the right answer to that question for ESTA, but I wouldn't count on it being yes just yet.

[krm 0]

Yes, the I-129 is a visa application form. You must answer that question truthfully and say you were denied. If you misrepresent yourself (read: lie) than that can be grounds for a 5, 10 or lifetime ban from entering the U.S.

Thanks SophWeb, I wasn't really sure if they already saw that as the actual visa application or not, but that question is answered now

Without knowing more than what you've typed, that decision just doesn't seem to make any sense.

For now that's all we know, they didn't give a reason over the phone and told him that they explained it in the letter which he should receive any day now, so I guess all we can do is wait till the letter arrives.

[Harsh_77 718]

It could be some very minor reason and you could re-apply, but main question is will you be able to use VWP - as I understand the system no.

By applying for K1 and filling out i-129f you have expressed your desire to immigrate to US, when officer at POE will look it will be difficult for him to admit you in country on VWP - he will automatically assume you have full intention to immigrate and to support his assumption he has your i-129f.

[Ning 619]

Hello Vjers

We sent in our application for K1 end of July and received RFE end of December, we had sent in the small birth certificate instead of the large one and they also wanted copies of my pasport (me being the beneficiary), so we sent that on the 19th of January, until now we didn't get any news so today my fiance called USCIS and was told that our application was denied and that he would receive a letter explaining why they had denied it.

I had visited my fiance 4 times in the past year and a half and we had photos, flighttickets, boardingpasses, pasportstamps, receipts from my visa from restaurants, shops, to proof that, i really don't know what went wrong and why we didn't get accepted, at the moment i'm totally in shock, hearing this after waiting for 7 very long months, i still can't believe it.

Any ideas on what we can do now are very welcome.

I do have a question about me going to see my fiance now, will this denial cause me any problems with entering the US? and on the Esta-form for the Waver program, one of the questions is "Have you ever been denied a US Visa or entry into the US or had a US visa cancelled", what do i reply on that? Is the I-129 application already a visa application or not, i'm a bit confused.

Its best to wait to see what the reason is for the denial. If for example they didnt get your info sent back in responce to the RFE they would deny the case. Hopefully the responce was sent back along with the REF letter which is a requirement so they can attach the evidence to the proper case. The items requested by the RFE & then submitted should have been enough to allow the approval.

The USC should make an INFO PASS appointment to go see USCIS to find out what the problem is rather than accept the denial as is. If the RFE has been satisfied he could ask for reconsideration. This occured in our case. USCIS then reviewed the info & approved the case.

[SophWeb 25]

You haven't applied for a visa yet, that was just the petition, and it sounds like it was denied for lack of evidence/filling out forms incorrectly. You, the beneficiary, never applied for anything yet. I am not sure the right answer to that question for ESTA, but I wouldn't count on it being yes just yet.

How do you not consider that a denial of a visa? You are applying for a visa, not applying for a petition. The 'petition approval/denial' stage is one step in the overall visa application. If you get denied at one step during that process, then the visa is denied.

1-129 = A fiance visa application

ergo

1-129 application denied = Fiance visa denied.

The visa application was for the beneficiary, if approved, she would receive it. So even though the petitioner filled for her, since the visa was to benefit the beneficiary, the denial is on her.

Edited February 24, 2011 by SophWeb

[SophWeb 25]

Oops, posted twice.

Edited February 24, 2011 by SophWeb

[krm 0]

Thank you all for the answers, I will post more as soon as the letter arrives, at the moment I just feel like my whole world fell apart and being so far away from each other on moments like this doesn't really make things easier.

It could be some very minor reason and you could re-apply

Harsh with re-apply you mean start all over? But wouldn't the endresult be the same then?

Its best to wait to see what the reason is for the denial. If for example they didnt get your info sent back in responce to the RFE they would deny the case. Hopefully the responce was sent back along with the REF letter which is a requirement so they can attach the evidence to the proper case. The items requested by the RFE & then submitted should have been enough to allow the approval.

The USC should make an INFO PASS appointment to go see USCIS to find out what the problem is rather than accept the denial as is. If the RFE has been satisfied he could ask for reconsideration. This occured in our case. USCIS then reviewed the info & approved the case.

Ning, if that would be the case, how do we get them to review the info?

[SophWeb 25]

Thank you all for the answers, I will post more as soon as the letter arrives, at the moment I just feel like my whole world fell apart and being so far away from each other on moments like this doesn't really make things easier.

Harsh with re-apply you mean start all over? But wouldn't the endresult be the same then?

It's okay, you have not run out of options. You could get married in your home country and apply for a CR-1. I don't know the specifics of how to do that, but I know that you CAN apply for a CR-1, even if your K-1 was denied. I would do a search on VJ and seek out other members whose K-1s were denied, but their CR-1s were approved.

Best of luck!

[Rebecca Jo 1,962]

How do you not consider that a denial of a visa? You are applying for a visa, not applying for a petition. The 'petition approval/denial' stage is one step in the overall visa application. If you get denied at one step during that process, then the visa is denied.

1-129 = A fiance visa application

ergo

1-129 application denied = Fiance visa denied.

The visa application was for the beneficiary, if approved, she would receive it. So even though the petitioner filled for her, since the visa was to benefit the beneficiary, the denial is on her.

There has not been a visa application yet. A visa application occurs when the beneficiary is invited by the consulate to apply for a visa. This only happens once a petition has been filed by a US citizen, approved by USCIS, and then arrived at the consulate via NVC.

[Rebecca Jo 1,962]

It's okay, you have not run out of options. You could get married in your home country and apply for a CR-1. I don't know the specifics of how to do that, but I know that you CAN apply for a CR-1, even if your K-1 was denied. I would do a search on VJ and seek out other members whose K-1s were denied, but their CR-1s were approved.

Best of luck!

The beneficiary and her petitioner need to find out what the denial was about first.

I agree it sounds like a case of not knowing how to properly file the petition. For one thing, there is no need for the beneficiary to produce her birth certificate at the petition stage. My guess is the initial RFE was not satisfied properly. Beneficiary and her petitioner can probably re-file a K1 AFTER they've learned more about the process.

[SophWeb 25]

There has not been a visa application yet. A visa application occurs when the beneficiary is invited by the consulate to apply for a visa. This only happens once a petition has been filed by a US citizen, approved by USCIS, and then arrived at the consulate via NVC.

So, technically, you are petitioning for the right to request a visa? If that makes sense.

[Rebecca Jo 1,962]

So, technically, you are petitioning for the right to request a visa? If that makes sense.

The US citizen is petitioning for the foreign consulate to send a visa application to their beneficiary.