Appeal denial ok K1 visa

[RP&SP 8]

I see all replies and do not understand the issue. OP DID NOT GET MARRIED before divorce is finalized. In US divorce may take years and getting engaged is possible before divorce is finalized. If OP got engaged BEFORE divorce is finalized but submitted I 129F after it is finalized I would appeal. For example this is exactly my case. I got engaged before it was Finalized and applied exactly 3 days after it was finalized. It is not against the rules. In fact we disclosed this fact everywhere in the application.From my prospective it is much more kosher than coming here on tourist visa and adjusting like some of the naysayers on this thread do..

Did it prolonged the process or what. I don't want to waste time appealing it and nothing happens. and I don't want to not appeal it and that becomes an issue in the next process.

[san diego 407]

It may.. it depends on the reason. If they say they do not believe in bona fide relationship I would refile after getting married to give it the best shot. If the main explanation is engagement before divorce was finalized I would appeal.

[N-o-l-a 7,168]

It may.. it depends on the reason. If they say they do not believe in bona fide relationship I would refile after getting married to give it the best shot. If the main explanation is engagement before divorce was finalized I would appeal.

That is terrible advice. It is always lengthy and difficult to appeal based on the personal decision of the consular officer. Plus, the incredibly long wait time to find out what was the ACTUAL reason for the denial, if they even bother to disclose it. You can't appeal based on hearsay or conjectures. USCIS didn't make an error, hence any appeal is likely not going to work. Consular officer's personal opinions playing a role in visa granting is the process working as intended.

Refiling is always suggested.

Edited May 28, 2014 by N-o-l-a

[Harpa Timsah 13,258]

Most I-129Fs just expire, and appeal is not possible.

Whatever you do, though, you will need to address the reasons for denial, and all your red flags, and the timing of the engagement is not the only thing, I am sure.

Good luck.

[Ebunoluwa 6,136]

The decision was the discretionary judgment of the CO and falls under the umbrella of "for immigration benefits only" and

"not bona fide" therefore I would re file with a CR1. They simply didn't like the relationship / divorce time line.
Appeals are lengthy, expensive and in my opinion you don't have a strong enough reason.

The discretion given to the CO is just too strong to appeal and outweighs a successful outcome.

You can do a FOIA but that takes time too and sometimes they will list a reason that you can't work.

File a CR1.

[KayDeeCee 4,894]

the K-1 at the interview

that's what the paper said if there was more they didn't address it.

Thank you. There was confusing stuff in the comments about the petition, so I wanted to get it all clear on what exactly was denied.

Were you present at the interview? If not, have you discussed with your fiance(e) everything, with all details, exactly what happened in the interview? Questions asked, answers given, what the CO said, what the paper they were given says exactly, etc?

[lillakatoussa 12]

I doubt it was denied because you were in engaged before your divorce was final. I was engaged before my divorce was final & didn't apply until after the divorce was final. We were approved. There is something else that makes them think you don't have a bonafide relationship. I agree with other posters, you need to address any red flags because getting married may not be enough to overcome whatever the real issue is.

[RP&SP 8]

I was not there for the Interview due to final exams at school here in the states, the letter is in french and will translate it in the morning. My fiance told me that the CO ask him for my name and his, and our phone number, and the dates of our engagement and my divorce, she then accused him of having a love affair with me while I was still married and said that this is against USCIS law, he explain to her that my prior relationship with my ex ended way before we got together (which stated in the divorce), and the divorce took longer then normal because my ex-husband was nowhere to be found in the 48 states and I had no contact information for him since 2009, and me and my Fiance started dating in 2011. she than told him, the case was terminated (denied) because I got engaged before my divorce and good bye.

[Fan_Dancer 171]

Any other red flags?

[RP&SP 8]

Any other red flags?

none that we were told, everything else was said to be ok, we didn't get any RFE's or anything else.

[Ebunoluwa 6,136]

Can you email or call the consulate and explain what happened with your divorce/relationship overlap ?

Contact your senator asap and have him make an inquiry and ask for a second interview before the petition gets returned to USCIS.

If granted a second interview get in a plane and be there.

Tell them you believe the CO has acted in error.

Back up your claims with a boat load of evidence.

Slim chance but worth a try.

This has to be done very quick no dilly dallying.

[Fan_Dancer 171]

none that we were told, everything else was said to be ok, we didn't get any RFE's or anything else.

Nobody would tell you about that. They refer to a large age gap different backgrounds/education/social status, ability to conceive, how long you knew each other, how often you have visited, how much time you spent together etc.

[RP&SP 8]

Nobody would tell you about that. They refer to a large age gap different backgrounds/education/social status, ability to conceive, how long you knew each other, how often you have visited, how much time you spent together etc.

we are the same age well he is 3 months 4 days older then me, we are both Haitian, we are from the same town, street, neighborhood, we are both children of Farmers and merchants that's how our mothers became friends, we are both student, we are not experimenting children just yet.. we have known each other since we were kids, I visit almost 2 a year since we got together and used to visit every other year prior to that. and our summers spent together even when we wee kids because like I said we grew up together. we even visit our sister Islands together so we can get away and just be US.

Can you email or call the consulate and explain what happened with your divorce/relationship overlap ?

Contact your senator asap and have him make an inquiry and ask for a second interview before the petition gets returned to USCIS.

If granted a second interview get in a plane and be there.

Tell them you believe the CO has acted in error.

Back up your claims with a boat load of evidence.

Slim chance but worth a try.

This has to be done very quick no dilly dallying.

I will call them in the morning and email them after that. thanks

[Fan_Dancer 171]

How did you get your US citizenship?

[RP&SP 8]

How did you get your US citizenship?

through my Father...