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ketahpahnen

Appeal Filed...sufficient evidence to prove denial was based on mistaken identity

By ketahpahnen in K-1 Fiance(e) Visa Process & Procedures

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ketahpahnen Contributor

ketahpahnen   6

Posted
Filed: K-1 Visa Country: Egypt
 Timeline
Posted

My fiance (Egypt) and I had our second petition denied due to "evidence" that he was married in June of 2011, found during the first petition. We now have sufficient evidence to prove that they based their decision on false evidence (similar names, all other information different). I filed an appeal that was received 11-14-14, and have 30 days to submit this evidence.

My question to anyone that knows about or has been through the appeal process...What happens if we win the appeal? Is our case reopened? do we need to refile? is the decision overturned? If we have to refile, can I apply for a fee waiver since it was not our fault?

If anyone can clue me in on the process, timeline and the "what's next?" part of appeals it would be GREATLY appreciated.

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ketahpahnen Contributor

ketahpahnen   6

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Filed: K-1 Visa Country: Egypt
 Timeline
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No one knows anything about the appeals process? I could really use some help in order to be prepared for whatever we may need after it is over. If anyone has any knowledge or can point me in the direction of someone who deos I would really appreciate it. Thanks again and good luck to all. :thumbs::star:

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PDXDD Explorer

PDXDD   28

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Filed: Citizen (apr) Timeline
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Honestly I think it's time to consult with a lawyer or/and hire one. It's not a simple straight case anymore. You may need professional help if it's not too late.

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clairegie Proficient

clairegie   265

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

Yeah, time to seek a lawyer. A lot of people here will advise you to just file again because its faster, but they might just do the same thing and deny your petition based on the first 2 you sent. were you denied at USCIS stage or interview stage?

My timeline: http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

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ketahpahnen Contributor

ketahpahnen   6

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Filed: K-1 Visa Country: Egypt
 Timeline
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The 2nd petition was denied at uscis level. 1st was in ap in Cairo for 11 months before they sent it back to nvc for review because they found evidence he was married. We have had an extensive background check done by a ministry worker and they found no such marriage, we are just having trouble getting a certificate from this person that says my fiancee is clear and legally free to marry. I have consulted a lawyer but found none that will take 500 not 5000! I'm going to call my congressman's office to talk to the immigration liaison again.

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