k1 Denied after 13 months in AP. File being sent to USCIS for revocation/reaffirmation...... Need feedback please!

[Tebessa1111 16]

Tebessa I have to say after being on AP for almost 4 months your story scares me!! Who would ever think you could be on AP for 13 months. Do you have any advice? You said you emailed the DOS but who specifically? PLEASE HELP!!

LivA...... I am so sorry my story scared you. It wasn't my intention! When you are in AP, your are pretty much in a black hole. You just sit there and wait. I have compared AP to being in jail, and decided that I rather spend time in jail. You at least know when you're getting out. In AP there is NO WAY to know. Wait, pray, contact the embassy , DoS, your senator/congressman. The more people bugging on your case the better. I have an email to DoS I could give you if you feel you need to file a complaint against the Embassy as this was my case.

Keep the faith strong as you will need it. Try to live life in harmony, go about your daily routine, don't despair, talk to your friends, family for support, just DON'T GIVE UP. I assure you there is a RAINBOW beyond that black tunnel.. Good luck to you and remember .... PRAY!

[Tebessa1111 16]

NigeriaorBust........

Thanks so much for your info and advice!. Were you in AP the first time around ? The reason I ask is because a case that is sent back right after a 221g has a chance to be reaffirmed, unlike those that were giving a 221g and told the case was being returned instead kept at the embassy for 13 months in AP like it happened to us. That's were I am confused. Next month it will mark 2 years since I started the process..... Any input please?

Thank you so much!!!!

[BigDaddy28 228]

To be honest with you now worrying about the K1 will not do anything positive to you or your fiance. Even applying for a different VISA and then coming to the US and get married there is hard because he was denied the first one. What I would suggest is: Get married to him and file for a green card once you are in the US. All you have to do you and him is go to the embassy and let them know that both of you are married. The process will take maybe 1 year or 1 year and a half but its better and you know that he will get his green card and come to the US for sure. Good luck.

[iprogrammer 0]

This is a little discouraging and scary because I am getting ready to send off my I-129F for K1 visa. I am from Alabama and my fiancée is from Philippines.

[Ning 619]

Hi all!

Our K1 was denied in Algeria after 13 agonizing months of AP. Don't know why we were denied. We have been together for 4 years. Recently we've spent 1 month in Tunisia. All of our documents were in order. My I-129F was approved in just over 4 months-no problems there-. Interview went great. CO even paid compliments to my fiance about his well spoken English and his appearance " You are a very handsome man" LOL!, he said!. At the end of the interview he was handed a white slip - 221g- It stated that the case was being returned for further review and processing. We will advice if case is reaffirm.... Case was never sent back to USCIS, instead remained at the Embassy for the next 13 months.....

We had followed up with many, many, many emails and phone calls. Made contact with Senator/ Congressman. Wrote complaint letter to DoS. Also emailed the White House while in AP. While in Tunisia back in May of this year, I personally called the Embassy several times. I was able to connect with a staff member of( Algerian nationality) and was denied to speak to the Consular section. Hmmm.... I proceeded to contact Department of State and was instructed to file a detailed complaint letter and to forward it to a specific department. I did. For the following 2 months my case was touched and worked on. Finally on June 24th we received an email from the Embassy where they stated that they were making a decision on our case within 10 days. A month an a half went by and we decided to start emailing to inquire about their decision. In my last email I was firm, to the point and pretty much said that we were aware our case was not a priority to them but it was to us, and to please just make a decision, didn't matter at that point what the outcome would be. We just wanted to move on with our lives. So after 5 emails they finally replied on August 1st. with a denial. Thank God we are out of this black hole!

Now...

Case being send in a diplomatic pouch to USCIS. Our total visa journey 2 years next month since process started. See timeline.....

Question 1: Since it is a K1 visa, would it be recommended and wise to wait for USCIS to make contact with petitioner ( myself) once it arrives to US. REPLY if NOID/NOIR is received?

Question 2: Is my K1 expired by now?

Question 3: Should I just go to Algeria, get married and start again with process......?

Please any and all feedback would be greatly appreciate it! Thanks!!!!

My best wishes to all of you in this journey.

Diana

Is this true?????. Posted by one of our members.....

At least with CR1 or I-130 one can reaffirm, if it is sent back. With K1 they just let the darn thing sit on someone's desk and expire. When it is finally sent back to the US nothing can be done to reaffirm the petition. It is a lost cause.PERIOD.

This is a very sad situation. This man has done nothing but prepare for a life in the USA. The O P did a great job in helping the case develop and understanding better than anyone I have ever seen how to monitor the situation. They have been together for 4 years ect.

This case should also be the poster child for why people should not file for a K 1 if they really have a good relationship that will lead them to marry within the 90 day period anyway if they are involved with one of these MENA countries.

It seems from what we see here on V J that nearly all of them go to AP. Here we see that AP took 13 months. Incredible. My own case took 408 days so I know the pain this causes. At least mine was approved but I was married during all the time and had a K 3 type.

Get married and file the C R 1 case the next day. Your relationship with be about 6 years long by the time he interviews. The problem with your case has to be that they don't think the relationship is valid. Ridiculous of course but there are a lot of problems generated in that part of the world. We see that the embassies in those areas are being closed right now as an example.

If you file a C R 1 case it will not be sent back or denied. You will have to continue to work on the evidence of the relationship but married is married. Waiting for someone to do something could result in more of the same thinking resulting in more delays of a total denial. Getting married to a concrete step toward the future.

[Ning 619]

This is a little discouraging and scary because I am getting ready to send off my I-129F for K1 visa. I am from Alabama and my fiancée is from Philippines.

Do not confuse what happens in these MENA countries for what will happen in the P I. Send in your docs and study the procedures to better understand how this all works so you wont worry too much.

[Tebessa1111 16]

Ning.....

I am so thankful for your words of encouragement and advice. I have truly exhausted all sources leaving me with one option now. I feel that getting married and filing for a CR-1 is the wisest way to go about. Like you said, "married is married" , indeed is! So know that I am taking your advice to heart. I thank you again for recognizing my effort in this journey. It was a great sacrifice that I will never regret. Our love for each other is utterly and this K-1 journey was only considered a "bump" in our paths. It is out of our ways now and we are so ready to move forward with our next plan.

Thank you again so much Ning and good luck to you as well!

Will promise to update.

Diana

[Ebunoluwa 6,136]

Hi all!

Our K1 was denied in Algeria after 13 agonizing months of AP. Don't know why we were denied. We have been together for 4 years. Recently we've spent 1 month in Tunisia. All of our documents were in order. My I-129F was approved in just over 4 months-no problems there-. Interview went great. CO even paid compliments to my fiance about his well spoken English and his appearance " You are a very handsome man" LOL!, he said!. At the end of the interview he was handed a white slip - 221g- It stated that the case was being returned for further review and processing. We will advice if case is reaffirm.... Case was never sent back to USCIS, instead remained at the Embassy for the next 13 months.....

We had followed up with many, many, many emails and phone calls. Made contact with Senator/ Congressman. Wrote complaint letter to DoS. Also emailed the White House while in AP. While in Tunisia back in May of this year, I personally called the Embassy several times. I was able to connect with a staff member of( Algerian nationality) and was denied to speak to the Consular section. Hmmm.... I proceeded to contact Department of State and was instructed to file a detailed complaint letter and to forward it to a specific department. I did. For the following 2 months my case was touched and worked on. Finally on June 24th we received an email from the Embassy where they stated that they were making a decision on our case within 10 days. A month an a half went by and we decided to start emailing to inquire about their decision. In my last email I was firm, to the point and pretty much said that we were aware our case was not a priority to them but it was to us, and to please just make a decision, didn't matter at that point what the outcome would be. We just wanted to move on with our lives. So after 5 emails they finally replied on August 1st. with a denial. Thank God we are out of this black hole!

Now...

Case being send in a diplomatic pouch to USCIS. Our total visa journey 2 years next month since process started. See timeline.....

Question 1: Since it is a K1 visa, would it be recommended and wise to wait for USCIS to make contact with petitioner ( myself) once it arrives to US. REPLY if NOID/NOIR is received?

Question 2: Is my K1 expired by now?

Question 3: Should I just go to Algeria, get married and start again with process......?

Please any and all feedback would be greatly appreciate it! Thanks!!!!

My best wishes to all of you in this journey.

Diana

Is this true?????. Posted by one of our members.....

At least with CR1 or I-130 one can reaffirm, if it is sent back. With K1 they just let the darn thing sit on someone's desk and expire. When it is finally sent back to the US nothing can be done to reaffirm the petition. It is a lost cause.PERIOD.

Yes that is correct, as a matter of fact that sounds like I wrote that....did I ? LOL.

CSC no longer reaffirms returned K1's. Ever. Vermont will sometimes.

Marc Ellis has some comments here on JV regarding CSC revoking returned petitions versus letting them expire, revoking makes the pc marker

a finding that sticks, whereas expiring will not.

A CR1 would be the best route for you if the reason for refusal is their assumption for lack of bona fide.

A CR1 can of course be refused and returned as well BUT it will much more likely get reaffirmed. Being married is not a guarantee but you will, unlike with a K1, receive a NOID/NOIR letter to which you can respond and overcome your obstacle or be reaffirmed without it.

Returned CSC K1's do not get a NOID/NOIR.

They sit in storage and are purposely allowed to expire.

[Ebunoluwa 6,136]

You said after 5 emails it was a denial. Consulates can not deny, they can only refuse to issue the visa and return the case to USCIS with recommendation to revoke or review.

What exactly did they say as a final decision ?

[Ebunoluwa 6,136]

NigeriaorBust........

Thanks so much for your info and advice!. Were you in AP the first time around ? The reason I ask is because a case that is sent back right after a 221g has a chance to be reaffirmed, unlike those that were giving a 221g and told the case was being returned instead kept at the embassy for 13 months in AP like it happened to us. That's were I am confused. Next month it will mark 2 years since I started the process..... Any input please?

Thank you so much!!!!

Where did you get the information that CSC uses the option to reaffirm K1's right after the case has been returned versus staying

at the embassy for AP for an extended time and then gets returned ?

I disagree with that. My stance that CSC never reaffirms K1's anymore remains. I welcome any thread where someone had a K1 reaffirmed

at CSC.

You can marry tomorrow and file day after tomorrow, doesn't matter. You can also do a FOIA which may or may not result in a clearer

reason for refusal. If you decide to do FOIA do it a.s.a.p so it won't prolong your next filing. I think a FOIA runs about 2-6 months currently but

everyone is different.

[Tebessa1111 16]

Ebonuluwa.....

Here is a copy of my denial email....

Dear Madam,

We are sorry for the delay to answer you. We regret to inform you that your fiancé’s visa has been denied. So, the petition will be soon sent to USCIS through National visa Center for revocation or reaffirmation.

You will be contacted in near future by USCIS for more information regarding your case.

Thank you for your patience ,

Sincerely,

Consular Section

[Ebunoluwa 6,136]

If I were you I would immediately contact my senator/congressman and show them that the wording "deny" is BS and have them ask if you can submit

additional evidence and request for you to be present for the interview. They will probably still return the case with recommendation to revoke.
Dig up the regulation that they can't deny and submit it just for the heck of it.

I know you contacted your representatives previously while in AP and they can't do anything about that but now that they want to return the case you still

have a very slim chance to keep it at the embassy with request for both of you to be present at the interview and more evidence.

I will post a link ( have to dig for it) that states a CO should not simply re adjudicate an approved petition without concrete and factual evidence blah blah.......

Though I bickered back and forth with our CO the case was still returned and she emailed me and said "your case has not been refused but will be

returned for review and CSC will make the final decision." (She corrected the written ' for revocation' replacing it with 'review' on the 221g.)
DOS and USCIS are two agencies often at odd with each other and not understanding how the action of one end affects the other.
It is all a big cluster schmack.

[Ebunoluwa 6,136]

Tell them through your representative that CSC does NOT reaffirm. They are freaking clueless telling you CSC may reaffirm. Yeah...when hell freezes over.

Here we are, a 4 year relationship, still refiling, ready for round 2.

[MedRoni 161]

Hi Roni!

Thanks friend for your kind words. It means a lot to me. Although the end result was not what we were expecting, at least we now know which direction to go from here. We are so relieved to be out of this black hole. So we thank God for that. I can't tell you how much we both have prayed for a decision to be made on our case .

Do you think once our file gets back to USCIS it will be expired? I have been wondering how long before it gets back here, and weather or not I need to wait for them to contact me. I would like to start planing my trip to Algeria....

Let me know what you think.

Hugs,

Diana

I love, love, LOVE your attitude towards this whole thing. You are definitely on the right track lady!

I would say you are safe to start planning your trip. Just keep in mind the differences I gave to you before between getting married in Algeria vs. getting married in Tunisia - as well as the time it takes. If you need any help at all remember we have all the steps ready to go for you! Just send me a message!

You will also need to keep your safety in mind with everything going on over there right now.

Go get em' girl!!!

Hugs to you!

[Faycel and Renee 30]

Hello Tebessa,

I have been somewhat following you and I read your posts. Last week I mailed off my petition and it arrived on Saturday...now we wait for the first letter. I have gone down the IMM path before, so I know what they need and want, and I PRAY that they do not delay our case. Faycel and I have been together for 4 years as well and just recently filed. Hearing your recent event places me on guard and on pins & needles. I cant bear the thought of experiencing what you are experiencing. I pray for you and yours. I think its best to just marry him in Algeria and file the petition to bring him here. As his wife they shouldnt give you any issues. If you have to, hire a lawyer to investigate. I wish you the best of luck.