Is it a bad idea to refile k-1

[bobtrann 0]

Hi.

My fiance went to see a viet lawyer in saigon recently. The lawyer told her that it is better to get marry in vietnam and file the spousal visa instead of doing k-1 again. The lawyer believes doing the k-1 again would encounters a lot of bumps in the way. In fact when my fiance went for her physical, even the doctor said we should not have done k-1...he noticed lots of k-1s failed and come back again. My fiance had failed her interview at HCM consulate back in march 2011. In July 2011 I received reply from CSC that case is now expired and I can refile if I want to. Is the lawyer and the doctor right that doing the k-1 again is a bad idea?

[TimeTravel 78]

Yes, they are right about this.

Dont re-file the K1. But start the CR-1 Journey. The thing is that you now need to make your case more stronger since she was recently denied for K1 visa. You have to make frequent visit in her country, and spend alot of time with her to make your case stronger.

Otherwise it also can put alot of risk for CR-1. Because sometimes they may suspect that person is trying to visa for immigration purpose only esp if one was rejected recently.

[confusedasheck 21]

What was the reason she was denied? If they cited that they didn't believe you two intended to marry, then how are you going to overcome that obstacle? What new evidence do you have that would change the consulate's mind? CR-1 is probably the best option.

[Dan_P 5]

Cr1 is probably your best bet at this time. Make sure to address the issues that they gave for denial in your application.

[WeatherEmperor 21]

Getting married will not increase your chances of getting a visa. Addressing the red flags and reasons for the denial is what yiu should focus on. What reasons were stated on the denial paper slip? Spend time fixing those instead of worrying about getting married. I wish you the best of luck and please come back to report your results. Take care

[brian_n_phuong 193]

Getting married will not increase your chances of getting a visa. Addressing the red flags and reasons for the denial is what yiu should focus on. What reasons were stated on the denial paper slip? Spend time fixing those instead of worrying about getting married. I wish you the best of luck and please come back to report your results. Take care

Well said ! Red flags are red flags, and will continue to haunt you regardless of how you file. You could even end up in front of the same CO with your new paperwork! Of course there are some red flags that cannot be removed, but most can be mitigated or removed .

Can you share the reason(s) for denial?

[bobtrann 0]

Thanks for the replies. I've posted the reasons for the denial in a previous post "Help I've fallen and I can't get up"

But in short: photos indicate pet and beni only spent few days together, contrary to viet customs beni and pet got engaged after only 3 wks, beni doesn't know pet's kids'names, beni got the engagement date wrong.

[Anh map 2,098]

The reasons for the denial will have to be addressed. A spousal visa petition does not exist in a vacuum. Everything in your/fiancee's USCIS file will be considered.

Edited December 7, 2011 by Anh map

[Dan_P 5]

Thanks for the replies. I've posted the reasons for the denial in a previous post "Help I've fallen and I can't get up"

But in short: photos indicate pet and beni only spent few days together, contrary to viet customs beni and pet got engaged after only 3 wks, beni doesn't know pet's kids'names, beni got the engagement date wrong.

certainly address all those. beni not knowing kids names and engagement date and engagement after 3 weeks are huge. not knowing pets alone maybe passable if that's the only thing.

make a few more trips before filing again and take lots of pictures with the two of you wearing different clothes. and make sure beni knows everything about you before the interview, i'd recommend you going to the interview as well, i suspect that they may do a stokes style interview on both of you separately so be prepared.

if you get married soon after denial and file right away, there's a strong chance you will be denied again. take things slow.

[ScottThuy 140]

What is the current status of the petition? Has the petition expired? In other words, what has USCIS said? How you address them makes a huge difference on future petitions..

[Sayha or bust. 71]

The reasons for the denial will have to be addressed. A spousal visa petition does not exist in a vacuum. Everything in your/fiancee's USCIS file will be considered.

OOPs didn't mean to reply to Anh's reply....

Hire Marc Ellis he's in HCM. The best Lawyer in East Asia(my opinion and I'm sure many others). The preparation my fiancee had by his office before the interview was intense and rigorous by the time she was ready for interview there wasn't nothing she didn't know about me.

He will give the best advice!

Best wishes! Rich

Edited December 8, 2011 by Sayha or bust.

[luckytxn 2,264]

What is the current status of the petition? Has the petition expired? In other words, what has USCIS said? How you address them makes a huge difference on future petitions..

He said it was sent back to CSC and received a letter stating it had expired. I do remember from a couple of years ago we used to see this often but can't remember how to go about addressing it. Jim was knowledgeable and had a thread on it back then and was hoping he would show up and answer.

The reasons for a denial has to be addressed whether he goes for another K-1 or a CR-1 to be a successful visa.

[JimVaPhuong 4,863]

He said it was sent back to CSC and received a letter stating it had expired. I do remember from a couple of years ago we used to see this often but can't remember how to go about addressing it. Jim was knowledgeable and had a thread on it back then and was hoping he would show up and answer.

The reasons for a denial has to be addressed whether he goes for another K-1 or a CR-1 to be a successful visa.

Marc has a pinned thread in the K1 forum about this. A while back CSC was sending these standard letters informing the petitioner that their petition had expired, and they were free to refile. Some people who refiled then received a NOID for the second petition which cited the reasons the CO denied the visa. Basically, they were putting off having to make any decision on the CO's accusations unless and until the petitioner filed another petition. I guess their thinking was that a percentage of petitioners would simply give up after the first visa attempt, so there wasn't any point in wasting any manpower readjudicating the returned petition unless the petitioner decided to try again. I don't know if CSC is still doing this. I haven't heard anyone mention anything about it for a while. I also don't know if this tactic by CSC only applies if the petitioner files another K1 petition, or if it also applies if they subsequently file a CR1 petition. If I were wearing those shoes then I would definitely be prepared with a box full of evidence just in case I got the NOID. They only give you 30 days to respond.

[GobbleGobble 0]

Thanks for the replies. I've posted the reasons for the denial in a previous post "Help I've fallen and I can't get up"

But in short: photos indicate pet and beni only spent few days together, contrary to viet customs beni and pet got engaged after only 3 wks, beni doesn't know pet's kids'names, beni got the engagement date wrong.

Got engaged after only 3 weeks heah? Really? Go around any shopping mall and ask people around you. Then see the percentage of the total amount of people you survey "think" the relationship is genuine, especially when it's a really long distant one.

I hope you two learn from the past mistake. TAKE THE TIME

Edit to add:

To those who keep saying "It's love! But but but but I really do love her!", just revise the story a little bit and put your son/daughter in the picture. Imagine one day s/he goes home from attending college for only 3 weeks and tells you this "Dad, I really love Tiffany! I met her during a drinking binge and I wanna marry her now!"

Edited December 9, 2011 by GobbleGobble

[luckytxn 2,264]

Marc has a pinned thread in the K1 forum about this. A while back CSC was sending these standard letters informing the petitioner that their petition had expired, and they were free to refile. Some people who refiled then received a NOID for the second petition which cited the reasons the CO denied the visa. Basically, they were putting off having to make any decision on the CO's accusations unless and until the petitioner filed another petition. I guess their thinking was that a percentage of petitioners would simply give up after the first visa attempt, so there wasn't any point in wasting any manpower readjudicating the returned petition unless the petitioner decided to try again. I don't know if CSC is still doing this. I haven't heard anyone mention anything about it for a while. I also don't know if this tactic by CSC only applies if the petitioner files another K1 petition, or if it also applies if they subsequently file a CR1 petition. If I were wearing those shoes then I would definitely be prepared with a box full of evidence just in case I got the NOID. They only give you 30 days to respond.

Thanks for refreshing my memory and going over the details again. I remember this was happening to all that were sent back to CSC at least up to a couple years ago. The letter he got seems to were they are still doing it maybe. So he needs to get ready for the NOID when he does the visa again as he will have limited time to reply and rebut the notice. Failing to do so will be denial again automatically.