New Hope after K1 Denial

[Lynn n Sam 57]

Well here it is, 1 year and 2 1/2 months after our K1 visa was denied based on misrepresentation and we finally received notification from USCIS. They've decided to administratively close our petition based on it being expired and we are free to file another petition in the future "without prejudice". I can't tell you how relieved we both are that we get another chance! So much better than facing a possible lifetime ban. We never thought we'd see this day, so we are truly happy about the outcome. We'll most likely marry and file a CR1 in the future. I'll be seeing you all again as we get ready to ride the immigration merry-go-round once again!

[Harpa Timsah 13,258]

That doesn't mean you don't have a ban. It means USCIS didn't do anything with the petition (send NOIR) and won't. It's their standard policy for K-1's. Sorry.

[NigeriaorBust 4,087]

You don't have a ban but you may have fraud markers in you file. I would recommend reading the two clash of the titans articles on this site. Marc Ellis

[Lynn n Sam 57]

That doesn't mean you don't have a ban. It means USCIS didn't do anything with the petition (send NOIR) and won't. It's their standard policy for K-1's. Sorry.

Hmmm - what about the part of the letter that says we can file in the future without prejudice?

[SteveKarlaMayer 21]

Well here it is, 1 year and 2 1/2 months after our K1 visa was denied based on misrepresentation and we finally received notification from USCIS. They've decided to administratively close our petition based on it being expired and we are free to file another petition in the future "without prejudice". I can't tell you how relieved we both are that we get another chance! So much better than facing a possible lifetime ban. We never thought we'd see this day, so we are truly happy about the outcome. We'll most likely marry and file a CR1 in the future. I'll be seeing you all again as we get ready to ride the immigration merry-go-round once again!

That's good! What's the reason of the denial of your first petition, anyway? If you don't mind.

[Lynn n Sam 57]

That's good! What's the reason of the denial of your first petition, anyway? If you don't mind.

The CO thought we were already married. We sent documentation to USCIS from the courts refuting that.

[Maxheadspace 48]

Well here it is, 1 year and 2 1/2 months after our K1 visa was denied based on misrepresentation and we finally received notification from USCIS. They've decided to administratively close our petition based on it being expired and we are free to file another petition in the future "without prejudice".

I'm curious, will you say what was misrepresented? Something simple, like an omission, or wrong information? If they said you can refile without prejudice I would take them at their word and do so.

Good luck!

Max

[SteveKarlaMayer 21]

The CO thought we were already married. We sent documentation to USCIS from the courts refuting that.

The CO thought you two were already married? Didn't your fiance had the Certificate Of No Marriage with her during the interview?

[TBoneTX 45,291]

Certificate Of No Marriage

In many (most?) countries, this document is the exception and not the rule.

[AKSinghSingh79 143]

In many (most?) countries, this document is the exception and not the rule.

I can attest that no such document exists in India. The best thing that is given in India is the No Objection to marriage certificate which is issued at the US consulates in India. This is usually obtained when someone wants to get married in India.

[AKSinghSingh79 143]

Someone correct me if they think differently but since the misrepresentation was indicated because they thought they were married, wouldn't actually getting married solve the issue?

The marriage certificate would show a date after the entire K-1 process had already completed.

[NigeriaorBust 4,087]

No getting married doesn't solve the misrespresntation charage. Getting married means they are married and the next petition will be based on the correct status but the origianl "charge" of lying to immigration in an attempt to get a visa still stands and that "charge" carries a lifetime ban. However the key is what codes are on the file and how they were handled ( or not ) when the petition expired. Read the article in the link by Marc Ellis.

[AKSinghSingh79 143]

No getting married doesn't solve the misrespresntation charage. Getting married means they are married and the next petition will be based on the correct status but the origianl "charge" of lying to immigration in an attempt to get a visa still stands and that "charge" carries a lifetime ban. However the key is what codes are on the file and how they were handled ( or not ) when the petition expired. Read the article in the link by Marc Ellis.

Yes but the "charges" are incorrect. They were never married.

[AKSinghSingh79 143]

No getting married doesn't solve the misrespresntation charage. Getting married means they are married and the next petition will be based on the correct status but the origianl "charge" of lying to immigration in an attempt to get a visa still stands and that "charge" carries a lifetime ban. However the key is what codes are on the file and how they were handled ( or not ) when the petition expired. Read the article in the link by Marc Ellis.

They also didn't lie to immigration. The CO on their case came to the conclusion that they were married after looking at evidence. This happens all of the time in India when COs think that engagement party photos are actually wedding photos.

[Harpa Timsah 13,258]

Hmmm - what about the part of the letter that says we can file in the future without prejudice?

That is USCIS talking. They did not look at your petition, or look at the embassy's findings. They simply ignored it and let the petition expire. Yes, you can file another petition "without prejudice." USCIS will approve it, just like they did the first one, and then it will go to the embassy and you will be denied again, for the same reason you were before. USCIS saying "without prejudice" means you won't be docked for having a denied petition in the past, but the reason for having a denied visa still exists. Sorry, but you should really get an attorney to help with your case and explain this all to you.