Appeal denial ok K1 visa

[Fan_Dancer 171]

You should be good then. Really, I would try to contact the embassy/congressman and see if they can't grant him a second interview. Getting engaged is not a legally binding situation, so I don't understand why they would deny you seeing you did send the petition after the divorce was granted. Good luck!

[RP&SP 8]

I will investigate on how to get a hold of my congressman tomorrow and call the embassy, I yesterday was on the line for 2hrs no one picked up. so will do again. I did call NVC and they told me they couldn't do anything because they don't have the file yet.

[Ebunoluwa 6,136]

Contact the senator also ...you need the extra umpf to push through. Go to his web site and fill out a privacy release, fax or email it and then

explain to his aid what exactly happened and that you not only seek clarification but a second interview due to the CO acting in error

(important verbage) and that you have evidence to proof it.

This requires a tremendous amount of energy, determination, tenacious attitude and assertiveness.

Remember that YOU will be the driving force and the senator is your mouth piece, he will not get this done without you pushing him.

If he is not cooperating contact the other one, call several of their offices and speak with all aids and go with the one who is fired up

about your case. Which aid you pick matters ! If one of them sounds like they rather be surfing move on to the next.

The ball is in your court.

Time is of the essence.

Been there, done that.

[Ebunoluwa 6,136]

I will investigate on how to get a hold of my congressman tomorrow and call the embassy, I yesterday was on the line for 2hrs no one picked up. so will do again. I did call NVC and they told me they couldn't do anything because they don't have the file yet.

Waste of time, there is absolutely nothing NVC can do for you. Even if or when they receive the returned file ( it goes via NVC back to

USCIS where it will die the death of expiration) there is still nothing they can do. No one can overturn the CO's decision except the

chief consul who can review it if he chooses to.

[Avery Cates 1,141]

Now that some things have been cleared up, inquiry: was your ex-husband also petitioned for with a K-1 or CR-1 and from Haiti?

[RP&SP 8]

Nope. he was not. he is from here. and is African American

[derrickmichille 55]

Like many on here has said, the co judgment was in error. I to got engaged before my divorce was finalized, but me and my ex was separated on the 12th of June. I filed for divorce but in the state of Virginia you have to be separated a year if you have children for the divorce to be finalized we have a 3 year old child in my custody. My fiancee and I got engaged on March 2013 my divorce was finalized on December 2013. The reason it took so long because after the one year of being separated I had to file for an uncontested divorce due to the fact my ex was no where to be found. That took 4 additional months for the divorce to be finalized. As soon as it was finalized in December, I filed for our I- 129f in January. So it makes no sense what the co did. Most people in America get engaged before a divorce is finalized because it can take months or even years for a divorce to be completed and during that time people court and fall in love and as soon the divorce is finalized, they get married. Nothing odd or no red flags about that. It completely normal.

Call you congressman. If that's all he based his decision on, you have the right and I believe a good fight on your hands.

P.s. my divorce decree states that I filed in June 2012 and that in order for my divorce to be finalized my ex and I had to be separated a year with the intention of dissolving the marriage. . So if that came up during the interview we are not worried because my fiance will simply point out the decree and say we met 9 months after my ex and I separated. Then I courted her and we fell in love and simply waited until the divorce was final before we applied for our I- 129f petition. I don't see a problem here at all and at the Same time I don't see a problem with yours as well. Like I said it's get common to get engaged before a divorce is final. Fight for your love, if it real do what you have to. Never give up. I wish you nothing but the best. Good luck.

[Boiler 45,795]

I have never seen or heard of a case where visa was refusal was for getting engaged before Divorce was finalised.

I have no reason to believe new ground is being broken here.

[lonelywithouthim1 36]

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.

If I have ever seen a case that should be appealed, it is yours but it is harder to appeal a K1 because they can let it expire before you even get a chance to prove them wrong. As Ebunoluwa has stated if you can get them to give you a second interview, you can resolve the issue while still at the embassy. If not, I think it's a waste of your time to appeal, just refile or get married and file.

[NigeriaorBust 4,087]

Are you from a state were after the divorce is final there is a period pf time you must wait before getting married ? In California I think it used to be 6 months but now is something like 10 days. If you are and filed before that then you do have an issue. Also a K1 will be expired and closed nothing to appeal

[RP&SP 8]

I spent 45 min on hold for the American Embassy only for someone to come in and all he said was well I don't have the information you require its not in my system, I was not in the interview with him so I can't answer your questions. when I ask to speak to a Consular he told me that was impossible. and that I need a lawyer to do that.

[Harpa Timsah 13,258]

If you are Haitian then why do you need to translate the French letter?

I think more happened at his interview, that sequence of events sounds impossible.

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

Or you could just post a copy of the letter here with personal details removed. My French is a little rusty, but I did have many years of it and I'm sure others are more fluent.

[sweet cakes 326]

I'm no expert, but if you guys are both legally free to marry by the time of petition filing (and from what I know, the eligibility part is covered by USCIS and NVC unless they missed it), then there must be something during the embassy interview that triggered a negative response from the consul.

Edited May 28, 2014 by sweet cakes

[RP&SP 8]

If you are Haitian then why do you need to translate the French letter?

I think more happened at his interview, that sequence of events sounds impossible.

someone asked me what the letter said and I told him I will translate it to post it. I can post it in French but I don't think you guys would understand it. that's why I said I will translate it for him it has nothing to do with the interview. the translation of the letter has nothing to do with the interview itself but with a question that a member asked me.

Edited May 30, 2014 by Kathryn41
duplicated posting removed