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

[r060106 109]

Now that processing times are about the same, only a fool would file for a fiancee visa.

Processing times are nowhere near the same. Nowhere....

Fiance visas are flying through at breakneck speed right now, so only a fool considering both options that is not yet either married or engaged would forego the fiance visa.

Edited December 17, 2013 by r060106

[Darnell 8,479]

denied visa i want a second interview

no such thing, after interview date.

however, the I-129F petition might get re-affirmed back at USCIS, who will in turn shift it back to the IV Unit via NVC, so if the I-129F petition is re-affirmed, then you've a shot.

That takes time, figure 8 to 14 months before the next interview. Your petitioner could file a new petition tomorrow, instead.

[Loveherforever49 4]

no such thing, after interview date.

however, the I-129F petition might get re-affirmed back at USCIS, who will in turn shift it back to the IV Unit via NVC, so if the I-129F petition is re-affirmed, then you've a shot.

That takes time, figure 8 to 14 months before the next interview. Your petitioner could file a new petition tomorrow, instead.

I am the petittioner and I plan on refiling the K1. I was denied because the CO wasn't 100% sure we were real. I am hoping that our chances of passing the next interview go up as we will have another years evidence. I know people are suggesting i take it slow buti love her and we want to be together.

[X2BWU 2]

I am the petittioner and I plan on refiling the K1. I was denied because the CO wasn't 100% sure we were real. I am hoping that our chances of passing the next interview go up as we will have another years evidence. I know people are suggesting i take it slow buti love her and we want to be together.

If you love you and want to be with her then you should do all means to be together even if that means getting marry. You said you were denied "because the CO wasn't 100% sure we were real" how does refiling K1 visa make the CO reconsider? I believe CO wants to see progress in a relationship (dating, engagement, marriage) not a stand still (engage, engage). If you can't visit her often due to money and time then try other means to keep in contact (facebook, skype, phone, letter. etc). I know it's easy said than done however a relationship requires understanding and committment whether you are near or far. But we have to face reality. As much as we want to be with our love one day and night, we have other responsiblity in life too. You have to explain to her that it's for both of your well-being. In a long-distance relationship, time is the answer to everything just like what Angkorwat mentioned. Time will tell how much committment a couple have.

Go get marry and file a spouse visa. If you love her and want to be with her like you said, then you are wasting precious time refiling K1 visa.

Good luck!

Edited December 17, 2013 by X2BWU

[Darnell 8,479]

I am the petittioner and I plan on refiling the K1. I was denied because the CO wasn't 100% sure we were real. I am hoping that our chances of passing the next interview go up as we will have another years evidence. I know people are suggesting i take it slow buti love her and we want to be together.

Please understand, when I stated 'no such thing'

I was answering firstly, 'Could I file an appeal?' question. There's no such thing as an appeal after the interview timetick.

[Loveherforever49 4]

If you love you and want to be with her then you should do all means to be together even if that means getting marry. You said you were denied "because the CO wasn't 100% sure we were real" how does refiling K1 visa make the CO reconsider? I believe CO wants to see progress in a relationship (dating, engagement, marriage) not a stand still (engage, engage). If you can't visit her often due to money and time then try other means to keep in contact (facebook, skype, phone, letter. etc). I know it's easy said than done however a relationship requires understanding and committment whether you are near or far. But we have to face reality. As much as we want to be with our love one day and night, we have other responsiblity in life too. You have to explain to her that it's for both of your well-being. In a long-distance relationship, time is the answer to everything just like what Angkorwat mentioned. Time will tell how much committment a couple have.

Go get marry and file a spouse visa. If you love her and want to be with her like you said, then you are wasting precious time refiling K1 visa.

Good luck!

Thanks. I think you are absolutely right.They want to see progress. My question is will refiling with another years evidence and another trip make the CO reconsider? I wouldn't exactly call it a standstill since we would be doing it again so that alone shows progress. I can tell them at the next interview that we were a bit nervous andslipped up. I feel like people who failed the first interview and subsequently filed a Cr1, think their chances went up. But I believe your chances improve every interview you get. Can anyone give me some insight?

[X2BWU 2]

Thanks. I think you are absolutely right.They want to see progress. My question is will refiling with another years evidence and another trip make the CO reconsider? I wouldn't exactly call it a standstill since we would be doing it again so that alone shows progress. I can tell them at the next interview that we were a bit nervous andslipped up. I feel like people who failed the first interview and subsequently filed a Cr1, think their chances went up. But I believe your chances improve every interview you get. Can anyone give me some insight?

In your eyes you might not think it's a "standstill" but who is making the decision? Who is doing the interview? You must try to put yourself in the CO shoes. Sometime how you feel is not as important as what the CO see or feels about the applicant. You can take the chance of refiling another K1 but also prepare yourself and mind for another repeat. I think the cost involve is close or not the same for both routes. In K1 you pay less for the application but once the person arrives you pay more for Marriage License, Certificates, AOS etc. Whereas with Spouse visa you pay more upfront because of the paperwork but once the person arrives there is no cost with AOS as the person is a permanent resident. Take your pick. The choice is yours and the responsbility is yours too.

Good luck.

[NikaMo 39]

Appeal process takes long time. K-1 application is good for only one year. It will expire before your appeal ever answered. You can refile K-1 or spouse visa after getting married. I know people getting approved after getting denied 1st time. K-1 is very quick under 9 months if you want to do again. People here asking you for the reason why you were denied but they are not experienced with the Embassy there. US Embassy in PP never pinpoint the reason why they are denying you. If they have suspicion, they just deny you. Never tell you why. They only tell you a generic way...they have a reason to believe your relationship is not a real one. Just because they can not be 100% sure anything, they never pinpoint the reason. You can think of what went wrong during interview but never can really tell exact reason. Getting married a Cambodian very complex, long and financially also difficult. If you are unable to get married just refile K-1 again and withdraw(Just send a withdraw letter with new application) old one. Just to let you know, if you stick to it and do 2nd time, success rate is almost 100% at this particular Embassy. Just make sure you attend the interview and make as many trips as you can and gather as many evidence as you can. Bring all the evidence you can gather with you.

[Darnell 8,479]

you are using the label of 'appeal process' erroneously - there's no such thing.

One can submit a rebuttal to a notice of intent to deny/revoke - that's not an appeal.