visa denied

[pepsiguy 0]

Our Visa has been denied because i have not been to Hong Kong in over 2 years. I took a chance and of course it didn't work, so now we have to start all over again. I will have to plan a trip to Hong Kong, take more pictures and file for visa from scratch. let this be a lesson to you folks, make sure you follow all instructions and guidelines, don't be a dummy like me and try to cut corners.

[Joey559 1]

Our Visa has been denied because i have not been to Hong Kong in over 2 years. I took a chance and of course it didn't work, so now we have to start all over again. I will have to plan a trip to Hong Kong, take more pictures and file for visa from scratch. let this be a lesson to you folks, make sure you follow all instructions and guidelines, don't be a dummy like me and try to cut corners.

Good luck with your next attempt.

And thanks for being brave enough to face the masses on here to put out the very important message that they DO follow their own guidelines, and that you can't get away with getting around them. You're right, it could stop someone else from making the same attempt.

[Alex+R 0]

Did you lie, or did you tell them that you hadn't seen her in 2 years?

[UmmSqueakster 54]

Yeah, they follow that guideline to the letter it seems.

Have a great trip and better luck next time around.

[john_and_marlene 162]

http://www.visajourney.com/forums/index.php?showtopic=33474

[fozzie 41]

Hard luck there. Hope the next time is better for you.

[Lizzy 0]

Good luck and well done in coming back here and telling your story.

[john_and_marlene 162]

Don't forget that you will now need a waiver request for filing 2 K-1 applications within 2 years.

[Dean iWait 0]

Don't forget that you will now need a waiver request for filing 2 K-1 applications within 2 years.

I believe that only pertains to approved K-1 petitions. Since they received a denial it should not be required. However, it sure couldn't hurt you to include it.

[john_and_marlene 162]

I just reread it. If you have previously filed 2 you need a waiver. If you had 1 approved within the past 2 years you need a waiver.

So, unless he has filed one before the last one, he will be OK.

Edited November 15, 2006 by john_and_marlene

[payxibka 10,045]

I just reread it. If you have previously filed 2 you need a waiver. If you had 1 approved within the past 2 years you need a waiver.

So, unless he has filed one before the last one, he will be OK.

pepsiguy,

Your visa was not denied.... Your petition was....

john_and_marlene,

I could be wrong, but I believe it says for 2 or more aliens which would indicate a second petition for the same alien would be excluded from a waiver...... I need to re-read this myself.....

Edited November 15, 2006 by fwaguy

[john_and_marlene 162]

john_and_marlene,

I could be wrong, but I believe it says for 2 or more aliens which would indicate a second petition for the same alien would be excluded from a waiver...... I need to re-read this myself.....

Yeah, my confusion arose between the actual text of the law and the guidance memorandum to adjudicators. The latter was not as clear as the former. I wonder if the memorandum will cause some cases to be delayed by the same confusion.

[Yodrak 7]

pepsiguy,

Point of clarification: Her visa has not been denied, she has not yet gotten to the point of applying for a visa. Your petition has been denied, something different albeit related.

Lesson - understand what it is you're doing (makes it easier to follow the instructions and guidelines).

Yodrak

Our Visa has been denied because i have not been to Hong Kong in over 2 years. I took a chance and of course it didn't work, so now we have to start all over again. I will have to plan a trip to Hong Kong, take more pictures and file for visa from scratch. let this be a lesson to you folks, make sure you follow all instructions and guidelines, don't be a dummy like me and try to cut corners.

[nyseness 0]

Interesting topic. My I-129f petition was also denied for not seeing my SO within the two year mark so instead we got married. Now I'm waiting for the marriage cert but once I recv it I will file the I-130. On the I-130 & I-129F it asked if you have ever filed for this alien or any other alien before. Well for both I will attached a brief description of the end result along w/the denial letter. Do I still need to send in a waiver? Or should this be enough?

[payxibka 10,045]

Interesting topic. My I-129f petition was also denied for not seeing my SO within the two year mark so instead we got married. Now I'm waiting for the marriage cert but once I recv it I will file the I-130. On the I-130 & I-129F it asked if you have ever filed for this alien or any other alien before. Well for both I will attached a brief description of the end result along w/the denial letter. Do I still need to send in a waiver? Or should this be enough?

IMBRA is not suppose to affect I-129F petitions for alien spouse (K-3)

See USCIS Interoffice memorandum Part II. B.

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

A waiver is required when you:

1) file your third petition (regardless of any previous outcome or time frame) for an alien fiance(e)

or

2) File a second petition within two years of a previous approved petiton for an alien fiance(e)

There appears to be some confusion when it relates to multiple filings for the same alien. The regulation would indicate that two or more aliens need to be involved and the above referenced memorandum does not make that distinction.

Please remember: The word PETITION is used (referring to I-129F filing) in the regulations not VISA.

Edited November 21, 2006 by fwaguy