K-1 Visa Denied!

[soniaa 0]

I requested a date extend on my fiance's interview, but they ended up putting his case on hold, and I was told that I should notify them atleast once a year to let the case be open. so after like 4 months I send the embassy an email telling them to issue my fiance an interview letter, he goes for an interview and they deny his visa. This just happened recently. The reason for the denial was that it's been more than three years since I met my fiance like three years and 4 months maybe. I filed the I-29F just before the two years were about to be over. I thought that you are suppose to apply within the two years, and I did that. The rest is on the case it could take 1 or maybe more right ? I don't get it why they denied it? They told me that I should contact them atleast once a year to leave the case open, so where did this come from ? is there such a law like this or they just made that up, just because they didn't wanted to give him a visa? please tell me.......

[john_and_marlene 162]

If it's been over 3 years since you've seen him, it's possible they didn't believe the relationship was bonafide.

[soniaa 0]

If it's been over 3 years since you've seen him, it's possible they didn't believe the relationship was bonafide.

I didn't get a chance to go there, i was studying.

[luv2uallday 1]

If it's been over 3 years since you've seen him, it's possible they didn't believe the relationship was bonafide.

I didn't get a chance to go there, i was studying.

that doesn't matter.... if you were studying or fishing. in order to overcome the visitation requirement you would have to have a real bonafide reason as to why you should be exempted from it (for which there isn't much of reasons to list)

if you are really interest in this girl and studying gets in the way of seeing her i suggest you drop out a semester and concentrate on her... if you are not that interested in her i would suggest continue studying and drop her... Your choice....

[soniaa 0]

I requested a date extend on my fiance's interview, but they ended up putting his case on hold, and I was told that I should notify them atleast once a year to let the case be open. so after like 4 months I send the embassy an email telling them to issue my fiance an interview letter, he goes for an interview and they deny his visa. This just happened recently. The reason for the denial was that it's been more than three years since I met my fiance like three years and 4 months maybe. I filed the I-29F just before the two years were about to be over. I thought that you are suppose to apply within the two years, and I did that. The rest is on the case it could take 1 or maybe more right ? I don't get it why they denied it? They told me that I should contact them atleast once a year to leave the case open, so where did this come from ? is there such a law like this or they just made that up, just because they didn't wanted to give him a visa? please tell me.......

The reason they wrote is: "as u have not met within two years of the filing of this K-1 visa petition, we are required by law to send the petition back to the National Visa Center with a recommendation for revocation". and "WARNING If you fail to take action requested within one year following visa denial under section 221(G)of immigrtion and nationality act, section 223(G) of the act requires that your application be cancelled. Does this mean they'll send it here in the U.S ? and cancel the case, and i'll have to re apply it again ?

[joeyjoey 1]

Soniaa,

They are not just making it up. They are not against you and your Fiancee. They are standing firm on a fact of Visa law that is well known to most of us here at VJ - "Having met in person in the last 2 years". That is a major point of qualification for the K1 Visa. This applied when you filed your K-1 petition with USCIS. It continues to apply once the Consulate receives the case. 3 years is a long time not to see a partner. You should take some time and make this more than an electronic relationship. There is an exception for those with religious implications or where the couple is not to meet until the marriage. Since ya'll have already met (3 years ago), you cannot use that exception.

Remember, you must prove that you have a true relationship. Not a relationship that appears to be one of convienence. The Consulate's job is to reject anything that does not meet the criteria for Visa issuance. That's what the long and slow and detailed K-1 Visa process is all about.

JoeyJoey

[pugsly 0]

Sorry to hear of your denial. It's real frustrating when this happens. We were also denied for different reasons. When they send it back its suppose to be sent off first to the N.V.C. Then N.V.C sends it off to the original Service Center where you first filed it. They are suppose to review it then send you a NOID letter (Notice of Intent to Deny) which at that time you have around 30 days to dispute it. The problem is that i have been hearing is that some Service Centers do not even send out this NOID letter becouse the of the experation date of the k-1.

[payxibka 10,045]

I requested a date extend on my fiance's interview, but they ended up putting his case on hold, and I was told that I should notify them atleast once a year to let the case be open. so after like 4 months I send the embassy an email telling them to issue my fiance an interview letter, he goes for an interview and they deny his visa. This just happened recently. The reason for the denial was that it's been more than three years since I met my fiance like three years and 4 months maybe. I filed the I-29F just before the two years were about to be over. I thought that you are suppose to apply within the two years, and I did that. The rest is on the case it could take 1 or maybe more right ? I don't get it why they denied it? They told me that I should contact them atleast once a year to leave the case open, so where did this come from ? is there such a law like this or they just made that up, just because they didn't wanted to give him a visa? please tell me.......

The previous posters have done there best to try to help you but they are grasping because your information is not complete and you need to provide us with a clearer picture of your situation. To truly understand your case and provide you thoughts about your situation we need more information.

We need to understand your time line. When was your petition applied for? When was your petition approved? Do you understand a petition approval is only valid for 4 mos? I am not aware of a clause that allows you to notify them at least once a year to keep it active. What country is your fiance from? Please explain all of the this to help us.

Edited December 2, 2006 by fwaguy

[Tim and Bethanie 1]

It seems the OP thinks you have to apply within 2 years of actually first meeting the person. What this stipulation means, is that you have to have at least visited your fiancee in the last two years. It DOES not mean you started dating in the last two years. It doesn't matter if you met for the first time ten years ago, so long as you have visited them recently. Sooooooooo if you haven't seen your fiancee in three years that is why you got denied!

[heishe 2]

I thinkn she's saying she did file within the two year requirement, but the case was delayed at the embassy and now it's a year and a half later. You just have to get your NOA1 from a USCIS service center within two years of having seen each other, you don't have to complete the whole process.

[Chris-n-Veronica 0]

Why fight ...why argue... It's the holidays...Find some cash..jump on a plane and meet the 2 yrs guidelines..and refile..

I requested a date extend on my fiance's interview, but they ended up putting his case on hold, and I was told that I should notify them atleast once a year to let the case be open. so after like 4 months I send the embassy an email telling them to issue my fiance an interview letter, he goes for an interview and they deny his visa. This just happened recently. The reason for the denial was that it's been more than three years since I met my fiance like three years and 4 months maybe. I filed the I-29F just before the two years were about to be over. I thought that you are suppose to apply within the two years, and I did that. The rest is on the case it could take 1 or maybe more right ? I don't get it why they denied it? They told me that I should contact them atleast once a year to leave the case open, so where did this come from ? is there such a law like this or they just made that up, just because they didn't wanted to give him a visa? please tell me.......

[Ladylethal 12]

Seeing each other now is a good idea both to meet the requirements so you can file again and to be together after such a long time and be sure this is what you two want.

[sakurasama 0]

From what you are saying it seems that you did meet the requirement of having met within two years of filing. I think the Embassy has issued the 221 (g) because the Consular Officer has doubts about the validity of your relationship because the case has been on hold for a long while. The best option to save this petition is to start calling the Embassy like crazy and try to talk to a Consular Officer and explain your situation and get it cleared up before the petition gets sent back to NVC. If youcan convince the CO of your intentions you might be able to get his/her decision overturned. If they are not convinced or if the petition is returned to NVC it will sit there for months and you will have to pursue a Notice of Intent to Deny (NOID). When the NOID is sent to you it will give to a certain amount of time to expalin why your petition should not be denied and the chance to submit evidence (in your case proff of an ongoing relationship) to substantiate your claim. If NVC agrees with you your petition will be returned to the Embassy for another go round. THIS IS A VERY LONG PROCESS and you should do everything you can to avoid it. If your petition has been denied because of serious doubts about its validity simply visiting your fiance again and reapplying for him without going through the NOID process to explain the first petition will probably result in another denial. Another option would be to go to his home county, marry him there and try for a K-3 visa, which could be denied for the same reasons but at least shows more serious intent. You should consult with a lawyer to help you through the second more complicated petition and the waiver you will need to write for it.

[edsperfect 25]

If it's been over 3 years since you've seen him, it's possible they didn't believe the relationship was bonafide.

I didn't get a chance to go there, i was studying.

Having gone to college myself I know there are many weeks when i was not occupied with school. That excuse would never fly with Immigrations. You have had three summers, at least, to go see him.

If you arre erious then this summer go see him and start over. Assuming no problems you are probably looking at 4 month delay between filing and getting an interview date if you really want one.

[Delete This 0]

I agree with other who have replied. You should have viited your fiance sooner. Going forward I would suggest you visit your fiance again (take lots of pictures keep all receipts and plane tickets) Refile your I129F.