Could I file an appeal? what are my chances of winning?

[Loveherforever49 4]

I have read forums stating it's a waste of time and money, better off refiling. Help please !!

[Pitaya 2,577]

~Duplicate thread removed.~

[Pinkrlion 2,724]

An appeal for what, details needed.

[Loveherforever49 4]

denied visa i want a second interview

[Nawlinshoney 7]

I am so sorry to hear this. I am going through the same things with a K 1 visa. I believe you can file an appeal.

[I AM NOT THAT GUY 5,715]

Get married and file for IR-1/CR-1. Why was the visa denied? Refiling for a denied K-1 is as foolish as appealing the denial.

[aaron2020 11,651]

denied visa i want a second interview

You have already states that the K-1 was denied.

The question is why were you denied? What was the reason?

Without knowing why you were denied, there is no way to advise you on what to do next.

Edited December 16, 2013 by aaron2020

[TBoneTX 46,062]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[dwheels76 5,469]

I have read forums stating it's a waste of time and money, better off refiling. Help please !!

To say you want to appeal just because you are denied is a waste of time and monry.

To appeal you will have to show that USCIS/EMBASSY whatever was at fault made a mistake. Maybe got your name mixed with someone elses. Your file was lost. They investigated the wrong one.

But You have to show they made a mistake. They can deny for whatever reason they want and really don't have to show evidence. Actually no evidence. Thats why denied K1's get married file a I-130 and whala approved. If denied for lack of evidence of a bonafide relationship usually marriage covers that.

Now if you have reason to believe they messed up and have proof. Spend the money and the time. But I can guarantee you that refiling or getting married you will be done faster.

So its really about getting an approved petition and getting together sooer or proving a point that could take you years.

[Loveherforever49 4]

To say you want to appeal just because you are denied is a waste of time and monry.

To appeal you will have to show that USCIS/EMBASSY whatever was at fault made a mistake. Maybe got your name mixed with someone elses. Your file was lost. They investigated the wrong one.

But You have to show they made a mistake. They can deny for whatever reason they want and really don't have to show evidence. Actually no evidence. Thats why denied K1's get married file a I-130 and whala approved. If denied for lack of evidence of a bonafide relationship usually marriage covers that.

Now if you have reason to believe they messed up and have proof. Spend the money and the time. But I can guarantee you that refiling or getting married you will be done faster.

So its really about getting an approved petition and getting together sooer or proving a point that could take you years.

thank you for your help. I am going through this tough situation. I was denied because my fiancee fumbled a couple questions during the interview and the co made some accusations that we are not genuine. It's very tough and complicated to get married in Cambodia than one might believe. If I just refile the k1, it would literally save me thousands of dollars.

[I AM NOT THAT GUY 5,715]

Refiling for a K-1 is more expensive than getting married and filing for IR-1/CR-1. Fiancee visas used to be a lot faster than spousal visas, but always cost more money in the end. Now that processing times are about the same, only a fool would file for a fiancee visa.

[I AM NOT THAT GUY 5,715]

BTW, refiling will not erase the initial denial. The previous denial will have to disclosed, and the findings of the initial CO will be taken into consideration for the new action. You may even have the same CO handle your refiled case once it reaches the consulate, with most likely the same results. Most cases are decided before the interview. Unless your fiancee really fumbled the interview, she was going to get denied anyways.

[Loveherforever49 4]

Refiling for a K-1 is more expensive than getting married and filing for IR-1/CR-1. Fiancee visas used to be a lot faster than spousal visas, but always cost more money in the end. Now that processing times are about the same, only a fool would file for a fiancee visa.

Thanks, so you personally believe I would get denied again if I refile the K1? I am willing to do it but probably gonna lose my job I've had for 5 years.

[aaron2020 11,651]

WHAT WAS THE REASON FOR THE DENIAL?

If you don't give us the answer to the above question, then it is impossible to know if there are other options.

Whatever you file now will be matched up with your denied K-1. If the reason to deny the K-1 still exists, then you will not be successful in getting a visa.

You need to address why the K-1 petition was denied.

A new petition does not wipe out records of the denied K-1.

Edited December 16, 2013 by aaron2020

[dwheels76 5,469]

I remember your post before http://www.visajourney.com/forums/topic/468979-we-screwed-up-and-got-denied-the-visa/#entry6687032.

But your grounds for appeal you have none. USCIS wasn't at fault you guys were. By your own admission "We messed up and answered differently during the interview and was denied the visa".

Refile I know you said was cheaper. Do that I guess. I pray the questions this time she knows in her heart and not rehearsed. Wish you well.