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Pamela&Terry

K1 FIANCE VISA DENIED - now what appeal or k3 visa?? responder en español tambien

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Filed: Citizen (apr) Country: Australia
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Would anyone know if she'll need to pay the application fee again?

If she files a new petition she will pay the fee again. If she files an appeal she needs to pay for that too.

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Filed: Other Country: China
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We never get the interview they denied the Visa Aplication. The think is that we DID NOT send the papers like photos or passports BUT they never send us a "Request for Evidence" they send us the ACCEPTANCE and then the INITIAL REVIEW and Now or case is in the DESICION and it says:

"On March 28, 2011, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of March 28, 2011, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision".

I dont understand why they denial instead of asking for More Papers. Now we dont know what to do. Thank you for your time.

The I-129F is a petition, not a visa application. The petition was denied. No visa application was ever submitted. Your notice explains the reason for the denial. Do you have it yet?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: Other Country: China
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Would anyone know if she'll need to pay the application fee again?

She would pay the petition filing fee again. Nothing has yet been applied for. Applying for a visa has its own later fee but only AFTER the petition is approved.

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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Filed: Other Country: China
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Im pretty sure she need to pay the application pay again....

There's way to many people in this thread referring to a petition as an application and a petition "filing fee" as an "application fee". She'll pay the filing fee again because she'll be filing a new petition. The original petition was denied, over complete. Starting over now. Once they have an approved petition, there will be a visa application fee to be paid abroad.

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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Filed: K-1 Visa Country: Vietnam
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There's way to many people in this thread referring to a petition as an application and a petition "filing fee" as an "application fee". She'll pay the filing fee again because she'll be filing a new petition. The original petition was denied, over complete. Starting over now. Once they have an approved petition, there will be a visa application fee to be paid abroad.

There's also way too many people in this thread referring to the OP as if she was the petitioner. The OP is an Ecuadorian national - the beneficiary. The petitioner is an airman in the US Air Force stationed in Germany.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Thailand
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There's also way too many people in this thread referring to the OP as if she was the petitioner. The OP is an Ecuadorian national - the beneficiary. The petitioner is an airman in the US Air Force stationed in Germany.

Currently being in the military, my advice is to ask the base legal service office for assistance reviewing the pettion prior to sending it again. This is a free service and being stationed overseas, they are well experienced.

K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

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Filed: K-1 Visa Country: Ecuador
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Hello Everyone, Thank you so much for all your time. Reading all your post make me undestand this a little bit more.

My fiancee is from US as someone said and he is stationed in Germany, Im from Ecuador but we are both in Germany , I have a turist visa here I just come every 3 months and stay couple of months and go back.

I will like to add that if we would be living here it would be so much easier. They are very helpfull, BUT they are sending him back to the states in August.

I will ask the legal department how can they help us to make the right desicition this week.

Also I think that a "petition" is correct now that I have read all the forum and some cases, I understand that our "petition" was denied because the website Case # refers to the I-129 as a "PETITION FOR FIANCE VISA" wich makes me think that we have the APPEAL for a Petition the same case or either Refile a New Petition.

In this point we thought about geting married here in Germany and apply for a spouse visa.

I hope I have the Formal Letter soon so I can post it here.

We never get a "Request for more information" that kind of makes me upset but I read is not the first time that this happens.

NOTE: They denied me a tourist visa in Ecuador last year BEFORE i start dating My fiance, It was to visit one of my best friends that lives in NY, No idea why they denied since ALL my family has a tourist visa and they always go to US for vacations. Those anyone knows if this will be a problem for our petition?

Thank you all for your time,

Pame

Pamela

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Filed: K-1 Visa Country: Ecuador
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I think She need to pay for application fee again, which is $340.

Yes im pretty sure we will have to pay a fee again. As soon my letter gets here I will post it.

Pamela

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Filed: Citizen (apr) Country: Ireland
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A denied tourist visa will have no effect on a fiancee or spousal visa.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Ecuador
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A denied tourist visa will have no effect on a fiancee or spousal visa.

Thank you so much Penguin_ie , its so good to read that. I feel relieved!! thank you thank you!

Pamela

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Filed: K-1 Visa Country: Belarus
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If you are willing and able marry in Germany, then you should also look into Direct Consular Filing, (http://www.visajourney.com/content/dcf) which they process right at the Consulate in Frankfurt. If you are both living overseas, then it is a much easier route to take.

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Filed: K-1 Visa Country: Ecuador
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If you are willing and able marry in Germany, then you should also look into Direct Consular Filing, (http://www.visajourney.com/content/dcf) which they process right at the Consulate in Frankfurt. If you are both living overseas, then it is a much easier route to take.

Hello, thank you for the advice. The problem is that I dont live here in Germany My status is tourist so I think that if we get married here we will need to process a spouse visa in Ecuador anyway. The think of Ecuador and I guess thats why most people apply for a fiance visa is because there is a new law that says that. " the foreign has to be 75 days and stay until the day of the wedding" THAT is impossible. So if we get married HERE in germany Is just to have a legal certificate BUT we will still have to apply for a spouse visa anyway, since im not a resident in Germany.

I think we might RE FILE the K1 and start over again, Lots of people say is better than appealing.

I will wait until the formal letter of the denied application and arriave and ask for advice again

I want to thank all of you for your time and for posting here. Im really really thankfull.

Pamela

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