Denied I129F filed I130

[arabianprincess 5]

In 2010 I filed a I129F for my fiance (now husband) it was approved quickly then was sent to the consulate, they called my husband and asked for some documents, which he sent to them the same week, after that we never heard from them again until January 2011 when the case satus changed to say that the case was sent back from the department of state for further review. After sending two service requests that both said to wait six months I finally wrote an email and got a reply that said the consulate was unable to issue a visa at this time. So he was denied a visa and he didnt even have an interview. Of course after we found out he waa denied we got married and I filed an I130.

My question is should I find out why if was denied or should I leave it as is?

Also has anyone heard of a situation like mine where the petitiin was approved by uscis then denied at consulate without a review?

[arabianprincess 5]

Will someone help me with this situatiin

[aaron2020 11,651]

You mentioned that the US Consulate was "unable to issue a visa at that time." Then, you said it was a denial. Which was it? Those could be two completely different things.

There are many times when a man from an area/country with terrorists will be place in AP. During AP, the US Embassy/Consulate cannot issue a visa, but it does not mean the case was denied - it's simply waiting for the security check to be finished.

Edited October 12, 2012 by aaron2020

[Penguin_ie 5,992]

I have not heard of a case being denied without interview AND without a letter to say why.

You definitely need to find out why your case was denied first time, as this could have implications on this second petition. For example, if they never got the documents your husband sent then you are fine, and can proceed as normal. But if you got denied first time because they discovered previous visa fraud, an overstay in the USA or similar then you need to address this.

[arabianprincess 5]

Well we never received anything that actually said denied just an email that said the consulate is unable to issue a visa at this time but he was never actually interviewed. And he has never been to the US and he has a clean record.

I just figured that the email saying we are.unable to issue a visa at this time means it was denied.

[arabianprincess 5]

Btw the email was sent after one year and 5 months after the case was updated to being sent back from the dept of state

[aaron2020 11,651]

Based on your posts, it seems that your fiance case was not actually denied and may have been in a holding pattern due to Administrative Processing (AP).

You and your husband invalidated that case by getting married.

With a spousal visa, you are starting from scratch. There is no denial, so the I-129f should not have any affect on the I-130. However, whatever reason held up the I-129f case may still exist and your husband may be subject to AP again (if that is what held up the I-129 case).

[arabianprincess 5]

Is it possible for it to be in AP without an interview?

[arabianprincess 5]

Also how should I go about finding out exactly what happened with my petition

[aamirpearl 47]

If i were you i would try to find out why you guys got denied, now that you guys have applied for spousal visa without a clue to why he got denied for k1 the outcome might still be the same at interview stage. So like everyone said if it was not a denial and actually a AP and at the end the result ended with a denial i would still want to find out the reason.

[arabianprincess 5]

So basically I should call uscis but who should I ask to talk to because the people that answer the phones just try to send in a service request.

[aaron2020 11,651]

So basically I should call uscis but who should I ask to talk to because the people that answer the phones just try to send in a service request.

USCIS may not have an answer for you.

Contact whichever agency had the case last. If the I-129f case was forwarded to the US Consulate, then you might want to start there.

[arabianprincess 5]

Ok thanks for.ur help

I also wanted to mention the email I wrote and received a reply from was VSC

[Pinkrlion 2,681]

Ok thanks for.ur help

I also wanted to mention the email I wrote and received a reply from was VSC

You can also try contacting Department of State to see what information they have.

[arabianprincess 5]

Do u have a number for them