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AmberDavid

K-1 Visa Question

By AmberDavid in K-1 Fiance(e) Visa Process & Procedures

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AmberDavid Apprentice

AmberDavid   0

Posted
Filed: Country: Colombia
 Timeline
Posted

i was just wondering if anyone's K-1 Visa got denied and if so did you refile or get married in your spouses country and file for a K-3 Visa, and if so what was the outcome. Me and my fiance have filed we are just waiting for our interview and just had a few unanswered questions. Thanks !

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TnJ Proficient

TnJ   131

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
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Some people do get denied. You can use the search function to find these posts and the steps people took afterwards. If you have already filed your petition, received NOA1 and/or NOA2, and are waiting for the interview, could you :time:

Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
12/07/12-K-1 Interview-APPROVED
02/12/13-POE-Atlanta
03/04/13-Wedding
03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

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TBoneTX Grand Master

TBoneTX   45,319

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Also, K-3 is not an option; CR-1 would be.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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taal Explorer

taal   28

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

i was just wondering if anyone's K-1 Visa got denied and if so did you refile or get married in your spouses country and file for a K-3 Visa, and if so what was the outcome. Me and my fiance have filed we are just waiting for our interview and just had a few unanswered questions. Thanks !

Newman- Well my k1 visa was denied last year after my fiance had his interview July 2011... We received a letter that there was lack of evidence for our relationship... Mind you- I flew with my mom to INdia July, 2010 to get engaged and was there 20 days... And prior to that we had chatted and skyped for 4 months every day.... After our engagment We continued to speak on the phone and skype on a daily basis for minimum of 30 mins and max 2-3 hours....

So when were denied we were told by our lawyers to just go ahead with the marriage. I got married earlier this year and have since filed my I-130 cr-1 and back on the same journey...

My fiance had answered every question correctly and there was plenty of proof... Some people get approved while others don't... So best of luck....And make sure your fiance is aware of your life.... The embassy asked my fiance where I had worked and what I did there and jobs before then. And how much I got paid......

Wish you the best of luck......Maybe you'll be one of the lucky ones and get approved! :dance:

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AmberDavid Apprentice

AmberDavid   0

Posted
Filed: Country: Colombia
 Timeline
  • Author
Posted (edited)

Thank you so much for the information , If you get denied for lack of evidence will they give you a chance to turn in more evidence or do you have to either get married or start your k-1 visa all over again?

Edited by AmberDavid
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TnJ Proficient

TnJ   131

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

Thank you so much for the information , If you get denied for lack of evidence will they give you a chance to turn in more evidence or do you have to either get married or start your k-1 visa all over again?

It really depends on circumstance and consulate. Some people get a form 221g (Administrative Review/Process) when some documents are missing or an approval can not be given with certainty on the judgement of the CO. If this were the case, those documents/evidence can usually be given to move the case along. If one were flat out denied the K-1 visa, the chances of approval on a second attempt would probably be better if the couple got married and filed the spousal visa. Unless there is a good reason for approval the second time around that can refute the denial from the first K-1 petition, it might be a waste of time, money, and effort to start a second K-1.

Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
12/07/12-K-1 Interview-APPROVED
02/12/13-POE-Atlanta
03/04/13-Wedding
03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

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