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petition DENIED

By at long last in K-1 Fiance(e) Visa Process & Procedures

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at long last Rising Star

at long last   58

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

After trying to process the news of our petition being denied at USCIS level we are trying to find information on what would be reasons. I have dissected our entire petition and have found 3 things that may be the cause.

For those of you who have first hand knowledge I would appreciate your input. Not looking for judgement calls or telling us we were stupid.

1) there is a 5 day shortage of being free to marry. Not sure how it got by me. :bonk:

2) When we filled out the application for I129f I wasn't in the USA but when he sent it off I was. :bonk:

3) AFTER our petition was sent fiance had an issue with having too much fireworks and was arrested and given probation. :(

thank you

Terri

Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days
Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Not being free to marry is a killer, I take it one of you is divorced and had a waiting period and counted the days poorly. The one with the fireworks charge , was that the USC ?

This will not be over quickly. You will not enjoy this.

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at long last Rising Star

at long last   58

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

Not being free to marry is a killer, I take it one of you is divorced and had a waiting period and counted the days poorly. The one with the fireworks charge , was that the USC ?

yes it was the USC for the fireworks.

so you feel it will be the 5 day short of the free to marry? If so can we reapply without prejudice? Yes I got caught up in the fact I was finally divorced.

Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days
Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted (edited)

Yes, out of those three, A is the only one that would cause a denial. You can re-apply immediately as now, you meet this requirement.

Edited by Penguin_ie

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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Matt & Rocio Collaborator

Matt & Rocio   28

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
Posted

Can someone explain the free to marry requirement? Does this apply to K-1 visas only or does it also apply to CR-1/IR-1 visas as well?

Thanks!

06/10/11 - Married

USCIS: (224 days)

07/22/11 - Mailed I-130 petitions for wife and step-daughter

07/28/11 - NOA1 for both

02/21/12 - RFE for both (received hardcopy on 2/25)

02/28/12 - Responded to RFE for both(received by CSC on 2/29)

03/02/12 - NOA2 for both(received hardcopy on 3/8)

NVC: (37 days)

03/12/12 - NVC Received both

03/21/12 - NVC case number and IIN received for both & Emailed Choice of Agent for both

03/23/12 - AOS bill invoiced & paid for both

03/26/12 - AOS bill shows paid & AOS Packets mailed for both

03/27/12 - Choice of Agent accepted for wife (sent another for step-daughter via email and express mail)

03/28/12 - Choice of Agent accepted for step-daughter & IV bill invoiced & paid for wife

03/29/12 - IV bill shows paid for wife & IV bill invoiced & paid for step-daughter

03/30/12 - IV bill shows paid for step-daughter & IV Packets mailed for both

04/04/12 - IV Packets reviewed. Checklist issued for Divorce Decree for my wife. Step-daughter's was accepted and her case closed

04/10/12 - Divorce Decree accepted after supervisor review & wife's case closed

04/16/12 - Expedite requested for both cases due to NVC error

04/18/12 - Expedite request approved for both cases and sent to Santiago Embassy

Embassy: (15 days)

04/24/12 - Embassy received both cases from NVC

04/25/12 - Wife went to Embassy for document review. Interview date assigned for both cases.

04/26/12 - Medical Exam for both. Result - approved.

05/07/12 - Interview date for both. Result - approved!

05/09/12 - Received both Visas

05/16/12 - POE Atlanta

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Matt & Rocio Collaborator

Matt & Rocio   28

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
Posted

I think I answered my own question. I read the original post to mean that there is a requirement of how long you have to wait before you can remarry based on when the divorce was finalized. In my particular case my wife's divorce was finalized about 3 months before we were married. We are of course filing for a CR-1 visa as we are already married. I just had a moment of panic thinking I missed a requirement somewhere. I would hate to have to start over after waiting nearly 6 months just to get our NOA2.

06/10/11 - Married

USCIS: (224 days)

07/22/11 - Mailed I-130 petitions for wife and step-daughter

07/28/11 - NOA1 for both

02/21/12 - RFE for both (received hardcopy on 2/25)

02/28/12 - Responded to RFE for both(received by CSC on 2/29)

03/02/12 - NOA2 for both(received hardcopy on 3/8)

NVC: (37 days)

03/12/12 - NVC Received both

03/21/12 - NVC case number and IIN received for both & Emailed Choice of Agent for both

03/23/12 - AOS bill invoiced & paid for both

03/26/12 - AOS bill shows paid & AOS Packets mailed for both

03/27/12 - Choice of Agent accepted for wife (sent another for step-daughter via email and express mail)

03/28/12 - Choice of Agent accepted for step-daughter & IV bill invoiced & paid for wife

03/29/12 - IV bill shows paid for wife & IV bill invoiced & paid for step-daughter

03/30/12 - IV bill shows paid for step-daughter & IV Packets mailed for both

04/04/12 - IV Packets reviewed. Checklist issued for Divorce Decree for my wife. Step-daughter's was accepted and her case closed

04/10/12 - Divorce Decree accepted after supervisor review & wife's case closed

04/16/12 - Expedite requested for both cases due to NVC error

04/18/12 - Expedite request approved for both cases and sent to Santiago Embassy

Embassy: (15 days)

04/24/12 - Embassy received both cases from NVC

04/25/12 - Wife went to Embassy for document review. Interview date assigned for both cases.

04/26/12 - Medical Exam for both. Result - approved.

05/07/12 - Interview date for both. Result - approved!

05/09/12 - Received both Visas

05/16/12 - POE Atlanta

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

After trying to process the news of our petition being denied at USCIS level we are trying to find information on what would be reasons. I have dissected our entire petition and have found 3 things that may be the cause.

For those of you who have first hand knowledge I would appreciate your input. Not looking for judgement calls or telling us we were stupid.

1) there is a 5 day shortage of being free to marry. Not sure how it got by me. :bonk:

2) When we filled out the application for I129f I wasn't in the USA but when he sent it off I was. :bonk:

3) AFTER our petition was sent fiance had an issue with having too much fireworks and was arrested and given probation. :(

thank you

Terri

The biggest requirement for a fiancee visa is that both the petitioner and beneficiary must be free to marry. One of you was not free to marry so that is probably why the I-130 was denied.

You'll have to submit a new petition.

Edited by aaron2020
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Dan & Jenni Proficient

Dan & Jenni   457

Posted
Filed: K-1 Visa Country: England
 Timeline
Posted

yes it was the USC for the fireworks.

so you feel it will be the 5 day short of the free to marry? If so can we reapply without prejudice? Yes I got caught up in the fact I was finally divorced.

i know it isnt what you wanted to hear especially after such a long wait... but at least you now have an answer and you can work on putting it right.

good luck sweetheart :)

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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l.iber.tatis Contributor

l.iber.tatis   7

Posted
Filed: Citizen (pnd) Country: Austria
 Timeline
Posted

After trying to process the news of our petition being denied at USCIS level we are trying to find information on what would be reasons. I have dissected our entire petition and have found 3 things that may be the cause.

For those of you who have first hand knowledge I would appreciate your input. Not looking for judgement calls or telling us we were stupid.

1) there is a 5 day shortage of being free to marry. Not sure how it got by me. :bonk:

2) When we filled out the application for I129f I wasn't in the USA but when he sent it off I was. :bonk:

3) AFTER our petition was sent fiance had an issue with having too much fireworks and was arrested and given probation. :(

thank you

Terri

I´m sorry to hear you got denied! the same happened to us (CR-1) for lack of evidence :( we waited till the 30 days they gave us to appeal were over and filed a new petition. hopefully this time we have more luck! once you get the denial letter you should know why they denied your petition and what your options are. if it was 1.) then just refile as soon as possible and you should be fine! GOOD LUCK!!!

2018/09/14 Became a USC

 

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CAdreamer Collaborator

CAdreamer   14

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Oh wow. I'm so sorry. Mostly sorry that they made you wait so long before the denial. I truly hope that the problem is option #1, and you two can file again ASAP -- hopefully with a shorter wait this time.

All the best to you in your journey.

The K-1 Visa journey for myself and my two K-2 children:

K-1: NOA1 2011-8-10; NOA2 2012-1-12; Interview 2012-4-24; Visa issued 2012-9-17; POE (Sarnia) 2012-9-26; Wedding! 2012-10-02
AOS: NOA1 2012-11-20; Biometrics 2012-12-14; AP/EAD approved 2013-1-11; Interview 2013-1-31; 2-yr Green cards in hand 2013-2-9 (101 days total)

ROC: NOA1 11-7-14; Biometrics 12-1-14; 10-yr Green cards ordered 4-13-15! (157 days total)

Counting down to naturalization time!

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Love's JAA Community Regular

Love's JAA   100

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

What does it mean to have a 5 day shortage of being free to marry? You mean the divorce wasn't final when you submitted the petition. I am just curious, since I am divorced and I don't know about any waiting period to be remarried.

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Chynna/gapamix Community Regular

Chynna/gapamix   11

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
Posted

After trying to process the news of our petition being denied at USCIS level we are trying to find information on what would be reasons. I have dissected our entire petition and have found 3 things that may be the cause.

For those of you who have first hand knowledge I would appreciate your input. Not looking for judgement calls or telling us we were stupid.

1) there is a 5 day shortage of being free to marry. Not sure how it got by me. :bonk:

2) When we filled out the application for I129f I wasn't in the USA but when he sent it off I was. :bonk:

3) AFTER our petition was sent fiance had an issue with having too much fireworks and was arrested and given probation. :(

thank you

Terri

Oh wow I am really sorry to hear that. How long did it take for your divorce to be complete and final?

Mrs. Gapamix

3/21/11 Made the decision to file...
4/26/11 Sent Package-----7/30/13
5/16/11 recieved NOA-1-----8/06/13
5/18/11 date on NOA-1------8/02/13
5/20/11 Touched --------------10/16/13--Alien # changed???
7/15/11 Received blue notice/RFE evidenvce of meeting with in two years...
7/20/11 Received email notification from USCIS.
7/20/11 Received text message from USCIS.
7/20/11 Touched
8/02/11 Mailed RFE with evidence required to Vermont
8/04/11 Confirmation from USPS RFE package delivered to Vermont @ 1:30pm
8/05/11 USCIS updated by text and email RFE package received.
8/05/11 Touched
8/18/11 Approved date
8/19/11 EMAIL and TEXT NOTIFICATION APPROVED
8/22/11 official hard copy received
9/08/11 NVC has received our petition
9/19/11 Embassy in Haiti recieves petition
9/20/11 Packet 3 emailed to Petitioner/Beneficiary
10/03/11 Fiance has completed Medical
10/08/11 Fiance picks up Medical results
10/10/11 Packet 3 Completed and sent
10/20/11 packet 4 pick-up and interview date given
10/31/11 Interview day on Halloween
10/31/11 Admin Processing
1/19/12 AP completed Visa Denied

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

In some states the day your divorce papers are signed by the judge and filed is NOT the day you are free to marry again. You have to consulte the marriage requirement. Many states have a period of months before you are free to marry again.

This will not be over quickly. You will not enjoy this.

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