Applied for Fiancee three times and still approved

[wantknow 11]

Hi everybody. Even though I am a new member posting today, I have been reading here on this forum for a long period of time. I was kind of happy to share with you guys about my I-129F approval just two days ago. I have never seen anybody that experienced the samething that I have encountered. I have known my fiancee for couple of years now and my first I-129F to USCIS was on Auguest 11, 2009. The USCIS approved the petition on January 6, 2010. my love had an interview @ consulate office on march 18, 2010 and got denied with the findings that we didn't provide enough proof of relationship (such as album full of pictures and phone records). Even though it was heart breaking to get denied, I convinced myself that they had a reason to deny since we only provided six pictures of us together and phone records that didn't show her number on my T-mobile call logs. Because I was using phone cards, then, that had 1800 # and a PIN #, Unfortunately,it only showed 1800# on my records. Anyways...petition was forwarded back to USCIS, who then notified me about denial and gave me an opportunity to refile. On June 11, 2010, I refiled I-129F (with fees)and received Notice of Intent to Deny (NOID) letter from USCIS on October 21,2010 to respond to a consular's findings (lack of enough pictures and no records phone interaction etc). I responded to this NOID with all supporting documents and promised USCIS i will visit my love to get more pictures of us before her next interview. On December 16, 2010, they send me a second approval letter and forwarded the case to the Embassy. It was then that I made a traveling arrangement to visit my fiancee to give her confidence and to be physically with her during her consular interview and of course take many pictures together that shows that we are in relationship. So, On March 28, 2011, I left San Diego and arrived in Addis ababa, Ethiopia on March 30, 2011. On April 5, 2011, my fiancee and I showed up (with all our supporting documents including album full of our pictures together, phone records, money transfer, and E-mail exchanges) early morning at U.S Embassy in Addis Ababa with full hopes that this journey will be finally behind us. At about 3 P.M, my fiancee was called to appear @ window #11. And at the end of her interview, which lasted about four minutes, she was told that her K-1 visa was again denied. This was just without looking at any of supporting documents that she substantiated. I asked the consular to tell me the reason for denial, all he would tell me was that he was not convinced. I requested to talk to his supervisor and she told me that she cannot reverse his decision but offered an advice to reappeal. We left the embassy's office really devastated emotionally. The same thing again....case returned back to USCIS and they (USCIS) sent me a letter of denial. On June 21, 2011, I refiled I-129F for the third time, and there you go, I got approved two days ago. So, for those ppl whose k-1 visa was denied at the consular level, you still have hope to re-apply at least for three times and still gets approved. This is as long as you have a sounding bonafide relationship with your fiance/e.

Wow ... wish you guys all the best ... I was to scared to even try for K-1 again ... May God Bless your union!

[CHUBEE JESS 1]

I would get an attorney my dear

quote name='grifols' timestamp='1323582737' post='5048425']

Hi everybody. Even though I am a new member posting today, I have been reading here on this forum for a long period of time. I was kind of happy to share with you guys about my I-129F approval just two days ago. I have never seen anybody that experienced the samething that I have encountered. I have known my fiancee for couple of years now and my first I-129F to USCIS was on Auguest 11, 2009. The USCIS approved the petition on January 6, 2010. my love had an interview @ consulate office on march 18, 2010 and got denied with the findings that we didn't provide enough proof of relationship (such as album full of pictures and phone records). Even though it was heart breaking to get denied, I convinced myself that they had a reason to deny since we only provided six pictures of us together and phone records that didn't show her number on my T-mobile call logs. Because I was using phone cards, then, that had 1800 # and a PIN #, Unfortunately,it only showed 1800# on my records. Anyways...petition was forwarded back to USCIS, who then notified me about denial and gave me an opportunity to refile. On June 11, 2010, I refiled I-129F (with fees)and received Notice of Intent to Deny (NOID) letter from USCIS on October 21,2010 to respond to a consular's findings (lack of enough pictures and no records phone interaction etc). I responded to this NOID with all supporting documents and promised USCIS i will visit my love to get more pictures of us before her next interview. On December 16, 2010, they send me a second approval letter and forwarded the case to the Embassy. It was then that I made a traveling arrangement to visit my fiancee to give her confidence and to be physically with her during her consular interview and of course take many pictures together that shows that we are in relationship. So, On March 28, 2011, I left San Diego and arrived in Addis ababa, Ethiopia on March 30, 2011. On April 5, 2011, my fiancee and I showed up (with all our supporting documents including album full of our pictures together, phone records, money transfer, and E-mail exchanges) early morning at U.S Embassy in Addis Ababa with full hopes that this journey will be finally behind us. At about 3 P.M, my fiancee was called to appear @ window #11. And at the end of her interview, which lasted about four minutes, she was told that her K-1 visa was again denied. This was just without looking at any of supporting documents that she substantiated. I asked the consular to tell me the reason for denial, all he would tell me was that he was not convinced. I requested to talk to his supervisor and she told me that she cannot reverse his decision but offered an advice to reappeal. We left the embassy's office really devastated emotionally. The same thing again....case returned back to USCIS and they (USCIS) sent me a letter of denial. On June 21, 2011, I refiled I-129F for the third time, and there you go, I got approved two days ago. So, for those ppl whose k-1 visa was denied at the consular level, you still have hope to re-apply at least for three times and still gets approved. This is as long as you have a sounding bonafide relationship with your fiance/e.

[JimVaPhuong 4,863]

Can somebody elaborate on form I-824 for me? When they say "different consulate", do they mean another interviewing consular other than the one before or they mean totally different consulate in different country? When should I supposed to file this form? Thanks in advance for your input.

You're in the midst of a tug-of-war between Department of Homeland Security and Department of State. USCIS is getting fed up with having petitions returned for the same petitioner and beneficiary based only on the discretion of the consular officer. They gave you a chance to rebut the consular officer's decision with the NOID they sent for your second petition, and you successfully rebutted it. As far as USCIS is concerned, you've proven your case, and they think you're getting the shaft from the consulate in Ethiopia. They're suggesting you try to have Department of State send your petition to a different consulate in a different country. You can use a form I-824 to make this request. Bear in mind that the second consulate has to accept your petition, and they usually only do that if the beneficiary is living in that country as a resident.

Tread carefully here. Just as USCIS doesn't like Department of State employees (consular officers) suggesting that they should revoke the approval of a petition which they've already affirmed after sending a NOID, likewise Department of State doesn't like USCIS suggesting that their consular officers aren't being fair and unbiased. After being denied twice at the consulate in Ethiopia, Department of State would undoubtedly be suspicious of any request to change consulates.

FWIW, there are several VJ members who've been likewise shafted by the consulate in Saigon, Vietnam. First time denials are common. Second time denials are much less common, but they do happen. I've not yet heard of someone denied on the third interview.

[Eddie&A 5]

I think the USCIS has a great idea of recommending that your fiance go to a totally different consulate in that country. This being the 3rd time going through this, having a totally different consulate look at your evidence would greatly improve your chances of getting approved for the visa. Good luck to you and may God bless both of you!

[2 N 1 for life 3]

Hi everybody. Even though I am a new member posting today, I have been reading here on this forum for a long period of time. I was kind of happy to share with you guys about my I-129F approval just two days ago. I have never seen anybody that experienced the samething that I have encountered. I have known my fiancee for couple of years now and my first I-129F to USCIS was on Auguest 11, 2009. The USCIS approved the petition on January 6, 2010. my love had an interview @ consulate office on march 18, 2010 and got denied with the findings that we didn't provide enough proof of relationship (such as album full of pictures and phone records). Even though it was heart breaking to get denied, I convinced myself that they had a reason to deny since we only provided six pictures of us together and phone records that didn't show her number on my T-mobile call logs. Because I was using phone cards, then, that had 1800 # and a PIN #, Unfortunately,it only showed 1800# on my records. Anyways...petition was forwarded back to USCIS, who then notified me about denial and gave me an opportunity to refile. On June 11, 2010, I refiled I-129F (with fees)and received Notice of Intent to Deny (NOID) letter from USCIS on October 21,2010 to respond to a consular's findings (lack of enough pictures and no records phone interaction etc). I responded to this NOID with all supporting documents and promised USCIS i will visit my love to get more pictures of us before her next interview. On December 16, 2010, they send me a second approval letter and forwarded the case to the Embassy. It was then that I made a traveling arrangement to visit my fiancee to give her confidence and to be physically with her during her consular interview and of course take many pictures together that shows that we are in relationship. So, On March 28, 2011, I left San Diego and arrived in Addis ababa, Ethiopia on March 30, 2011. On April 5, 2011, my fiancee and I showed up (with all our supporting documents including album full of our pictures together, phone records, money transfer, and E-mail exchanges) early morning at U.S Embassy in Addis Ababa with full hopes that this journey will be finally behind us. At about 3 P.M, my fiancee was called to appear @ window #11. And at the end of her interview, which lasted about four minutes, she was told that her K-1 visa was again denied. This was just without looking at any of supporting documents that she substantiated. I asked the consular to tell me the reason for denial, all he would tell me was that he was not convinced. I requested to talk to his supervisor and she told me that she cannot reverse his decision but offered an advice to reappeal. We left the embassy's office really devastated emotionally. The same thing again....case returned back to USCIS and they (USCIS) sent me a letter of denial. On June 21, 2011, I refiled I-129F for the third time, and there you go, I got approved two days ago. So, for those ppl whose k-1 visa was denied at the consular level, you still have hope to re-apply at least for three times and still gets approved. This is as long as you have a sounding bonafide relationship with your fiance/e.

I admire ur determination ... hoping and believing for the best outcome this time around....

[brian22 0]

hi..i think they mean you try another embassy?have her go to Uganda or Kenya ...