k-1 visa denied

[Kehinde 45]

Forget about the K-1 visa its a lost cause and by the time the review is over, you will receive a letter telling you that the visa has expired. Go there and marry him file for cr-1. Its the best thing to do while you are waiting for a review that will take about 9 months.

[Ebunoluwa 6,136]

once the 'reasonable person' phrasing is used, yer in for a big pile of poo.

I would suggest you actually get back to that country, spend more time with yer fiance, then file a new I-129F .

The "reasonable person" phrase used is just standard verbage in that paragraph for not being convinced that the relationship is real, an all too common K1 occurance, especially at high fraud posts such as Lagos. I still believe an I-130 will be better than refiling a I-129, with a lot of

relationship proof of course.

"Reasonable person" does not indicate anymore poo than any other refusal for bona fide, it's just something in the books.

[bpierce 24]

you too!

[Darnell 8,478]

The "reasonable person" phrase used is just standard verbage in that paragraph for not being convinced that the relationship is real, an all too common K1 occurance, especially at high fraud posts such as Lagos. I still believe an I-130 will be better than refiling a I-129, with a lot of

relationship proof of course.

"Reasonable person" does not indicate anymore poo than any other refusal for bona fide, it's just something in the books.

Agree, but I was writing of the use of the label 'Reasonable Person' in the denial, as that label usage opens a big pile of poo.

[Ebunoluwa 6,136]

Agree, but I was writing of the use of the label 'Reasonable Person' in the denial, as that label usage opens a big pile of poo.

Tell me about it...been wading in it up to my knees myself. With a shovel. Starting all over sucks.

[Not a user 0]

The reason for your denial is NOT misrepresentation. The reason is that the CO believes you do not have a bona fide relationship.

No waiver is needed, nothing is checked about misrep. The paragraph you posted only states what will happen if USCIS revokes your petition at which time the

pc marker of misrepresentation would kick in (even though you did nothing wrong to misrepresent yourself).

The case will be returned to USCIS. Depending on which service center you were approved at, Vermont 'sometimes' reaffirms returned cases, CSC NEVER does.

CSC will let your case sit in storage and then allow it to expire so you can file again. ( No waiver needed, only if it gets revoked, which it won't).

This process takes 6 months at which time you will get a formal letter that you can file again.

If you had a CR1 then you can gather evidence to overcome their findings but not with a K1 at CSC. I suggest you marry and file a CR1 or refile a K1 which of course

can be returned again. What embassy are you dealing with ?

Again, there is no misrepresentation marked, no medical marked, no waiver needed, only the explanation that the misrep marker kicks in if revoked which won't

happen, your case will expire and you are free to refile.

I second this; to put it in simplest terms, they think your relationship is fake.

Now that you understand why they denied you, you can take a better informed decision on how to proceed with your journey.

I wish you luck!

[duraaraa 203]

I'm so sorry to see this happen to you -- it was my biggest fear going into this process.

Can you think of any reason why they wouldn't recognize your relationship as real, or why they might think it's a scam? Any red flags?

How much time did you spend together? Age difference? What embassy? etc...

It would be very important to overcome whatever it may be when you re-apply.

[froggiepiggie 1]

many thanks for the reply.... *BIG SIGH* don't you just hate it how a person can determine other person TRUE LOVE. BUT it's reality got to FACE IT

[froggiepiggie 1]

Malaysia Embassy (KL) age difference 10 years and we known each other for 7 years and spend about 2 weeks together. we just confessed to each other 2 years ago ... we were BEST FRIEND. I'm not rich and I have parents to take care of , I can't quit my job and spend couple of months there and burden my fiancee . that's why need to file a K-1 and the propose of that visa is to bring the person you love close and legally get marry. what's the damn point to have such visa if need to suspicious this and that. treating human like a damn criminal like they convicted a crime. k-1 visa should give us USC a favor and help us during a hard time like this not giving us more stress in life. we are a good citizen and obey the damn law by bringing the person u love LEGALLY. okay I'm done i'm just a bit insane at this moment =)

[ArianneChris 6]

Malaysia Embassy (KL) age difference 10 years and we known each other for 7 years and spend about 2 weeks together. we just confessed to each other 2 years ago ... we were BEST FRIEND. I'm not rich and I have parents to take care of , I can't quit my job and spend couple of months there and burden my fiancee . that's why need to file a K-1 and the propose of that visa is to bring the person you love close and legally get marry. what's the damn point to have such visa if need to suspicious this and that. treating human like a damn criminal like they convicted a crime. k-1 visa should give us USC a favor and help us during a hard time like this not giving us more stress in life. we are a good citizen and obey the damn law by bringing the person u love LEGALLY. okay I'm done i'm just a bit insane at this moment =)

I don't really have any new knowledge to offer. That sucks, it really does. All of us here already suffer the loooooong wait it takes them to process things, but a denial would just be so devastating I am so sorry you two have to go through this.

Maybe they were suspicious because you've been friends for so long and thought you were trying to "help bring a friend to the US?". I can't know for sure, but I've read somewhere that this might happen. So maybe, you can appeal and produce other evidence to prove a bona fide relationship. You said you can't afford to go to the country and spend more time with the beneficiary, but maybe affidavits from yours/her family and friends would help? Affidavits from your boss/someone in a position stating that they know you've been in a relationship? Phone calls, emails... Maybe even a letter from a US cultural adviser (customs in Malaysia that may be different from what a consulate would expect like you having to take care of your parents so you couldn't spend more than 2 weeks visiting..)

[NigeriaorBust 4,087]

Everyone tends to run off and marry and think that was the cure when honestly a much better prepared and documented second petition of either type that is the key. We refilled a K1 and it worked, no need to marry if you really want to marry in the US. Just be sure that you meet in the last 2 years

[Ebunoluwa 6,136]

I have to agree with the spousal visa preference. We had a frontloaded top notch K1 petition and were denied after 16 month of AP.
The CR1 route is cheaper as well and no $1000 for AOS right after a wedding expense.
Unable to marry due to third country BS and we will have to repeat a K1 which absolutely sucks.
Had I to do it over again I would have chosen the CR1 and would have had a chance to overcome findings had it been returned.
I fought and fought to have the K1 reviewed as requested by the CO to USCIS and CSC just let it expire. CR1's don't expire.

Gearing up for round 2.

[duraaraa 203]

I have to agree with the spousal visa preference. We had a frontloaded top notch K1 petition and were denied after 16 month of AP.

The CR1 route is cheaper as well and no $1000 for AOS right after a wedding expense.

Unable to marry due to third country BS and we will have to repeat a K1 which absolutely sucks.

Had I to do it over again I would have chosen the CR1 and would have had a chance to overcome findings had it been returned.

I fought and fought to have the K1 reviewed as requested by the CO to USCIS and CSC just let it expire. CR1's don't expire.

Gearing up for round 2.

Why wouldn't you be able to marry in an unrelated country? In many countries, it's easy to get married, and neither of you need to be a citizen.

By the way, you are handling this a LOT better than I would. If this had happened to me, I'd have thrown a fit, moved abroad, and given up my citizenship.

Edited June 20, 2013 by duraaraa

[Ebunoluwa 6,136]

Why wouldn't you be able to marry in an unrelated country? In many countries, it's easy to get married, and neither of you need to be a citizen.

By the way, you are handling this a LOT better than I would. If this had happened to me, I'd have thrown a fit, moved abroad, and given up my citizenship.

In many countries yes, it is easy, but in many it is a real mess. Our third country happened to be a huge mess, though well researched beforehand

the municipalities and Interior agencies are clueless and changeable like the wind. To fully explain would mean hijacking this thread and it is not about me here. Suffice it to say it just did not work.

I threw many fits. I can't move abraod for personal and econonomical reasons. Unfortunately one has to eat every day and starting over under my circumstances is out of the question.

I am coping because there is nothing else left for me to do but learn how to cope.