Denied K1 at Consulate case still open, now new petition approved

[Adbaker01 4]

Hey everyone just needed to get some advice. We filed I129F petition in November 2013, approved in January 2014, interview March 2014... got a 221g denial with no reason, but our papers were sent back to uscis. Uscis finally got our papers back May 2014 and have said nothing about them, even after calling every week to check on it and having a service request filed this month since they have had our papers over 160 days. Since then we filed for a new I129-F petition and we were approved yesterday. We will now have a new interview coming soon... Can anyone tell me, will the old petition hamper the results of the new petition. I spoke with an immigrations officer today at Uscis and he said that it shouldn't have anything to do with the new petition and that if we prove our case at consulate this time there is no reason to be denied. With not knowing what we were denied for the first time, we are very scared that this will lead to another denial. Please let us know what your experiences have been.

[LORIEandPHIL 123]

If you were denied, and have not fixed the reason you can expect the same result. You really need to know why you got denied the first time.

[Adbaker01 4]

^{That is the big problem, they dont want to complete the papers and no one can tell us why they were sent back. They just keep telling me that I need to wait on a decision, and that it will be mailed to us.}

[msbau764 245]

Hey everyone just needed to get some advice. We filed I129F petition in November 2013, approved in January 2014, interview March 2014... got a 221g denial with no reason, but our papers were sent back to uscis. Uscis finally got our papers back May 2014 and have said nothing about them, even after calling every week to check on it and having a service request filed this month since they have had our papers over 160 days. Since then we filed for a new I129-F petition and we were approved yesterday. We will now have a new interview coming soon... Can anyone tell me, will the old petition hamper the results of the new petition. I spoke with an immigrations officer today at Uscis and he said that it shouldn't have anything to do with the new petition and that if we prove our case at consulate this time there is no reason to be denied. With not knowing what we were denied for the first time, we are very scared that this will lead to another denial. Please let us know what your experiences have been.

what was the interview like? what do you think are the red flags in your case? be honest.

[Adbaker01 4]

Our red flags are that this is my second marriage and this is his first, I am 11 years older than he is, and at the time if the last interview we were engaged for a little over a year. That is all of the red flags that I can think of.

[Adbaker01 4]

He said at the beginning of the interview the lady seemed very stern and not friendly and then she asked him basic questions that he knew, like what did I like to do and where did we meet, and did he only talk to American women on the dating site, and how long has it been since he saw me. He said she then relaxed and joked with him and at the end of the 10 minute interview she said ok I need time to look over the case I will call you next week. It took her 2 weeks to call him back to the consulate and that is when she gave him the 221g letter with no explanation and said our case was already sent back and she couldnt discuss it any further that we would have to contact USCIS.

[Hypnos 6,576]

You can file a FOIA request to obtain the embassy's notes on why the 221g happened; there is always a reason for it, even if it's not immediately obvious or communicated to you by either the embassy themselves or USCIS.

If you do not correct the deficiency that led to the first denial then a second denial is a distinct possibility.

[Adbaker01 4]

Ok thanks I didnt know I could file that. I will try that.

[Adbaker01 4]

For anyone needing informaton on FOIA (Freedom of Information Act), You can send a written letter for the request or you can use form G639 on the government web site. Give details of what information you want and send it to Dept of Homeland Security, National Record Center, PO Box 648010, Lee's Summit, MO 64064-8010 or you can fax to 816-350-5785. Email address is USCIS.FOIA@USCIS.DHS.GOV.

[msbau764 245]

He said at the beginning of the interview the lady seemed very stern and not friendly and then she asked him basic questions that he knew, like what did I like to do and where did we meet, and did he only talk to American women on the dating site, and how long has it been since he saw me. He said she then relaxed and joked with him and at the end of the 10 minute interview she said ok I need time to look over the case I will call you next week. It took her 2 weeks to call him back to the consulate and that is when she gave him the 221g letter with no explanation and said our case was already sent back and she couldnt discuss it any further that we would have to contact USCIS.

Your red flags don't seem like much to me at all. Another case of an idiot consular officer that made a wrong decision.

[raven52 233]

My heart felt feelings go out to you and yours. You seem so honest and forthright, I believe you, and the second marriage and an 11 year old age diff. is probably the reason, for the 221g.

Keep trying, I believe in you, You can do this!

[lynn2018 5]

We had the same thing happen except we never received a 221g or anything. i did FOIA, got the Ombudsmen involved and my Congressman and have yet to hear anything regarding our case. The last time i spoke with USCIS he told me we weren't denied just in review but could take several months to years. So i am withdrawing the fiancé and we got married going to begin the spousal soon. Insha'allah things happen for you and your loved one soon!!

[LionessDeon 2,060]

It is these posts that really really bother me. You spend all that time, effort, and money you at minimum deserve to be told the reason for denial!! All these posts I see about being denied and never given a reason just irritate me! No one should have to sit around and guess, wonder, or conjure up reasons why a CO chose to deny. It's such BS. Sorry had to get that off my chest! #rantovernow

[slh33 0]

Hi,

I'm also in the same situation. My fiance' is Moroccan and we applied for the K-1 Visa in 2010 and he got the interview in June of 2011. He said his interview was only 5 minutes. The CO asked him about where I lived and what was the closest city (he did not know the closest city). She also asked him where I went to school (he didn't know that either). She said she didn't believe we really knew each other and denied the visa, and refused to look at our mount of evidence. This time, I hired a lawyer, and he is due for his interview on December 22nd. I'm nervous as we both are unsure if he will get it. I told him to review the information I have been sending him daily so that he can remember. Anyway any advice?

[Adbaker01 4]

1. Thanks you all for all of your advice. It is crazy that they put people through all of this. I have taken every route that I know to take to withdrawl the first petition with no response from USCIS. I can only pray that the person we get this time for interview will actually look at our evidence and know that we are genuinely a couple and will go to the ends of the earth to be together. The only advice that I can give you is that you sit down and go over every posible question that they could ask and make sure he knows the answers.Good luck.