K1 refused need I-130 help, Please advise.

[madtownguy 164]

well if they try to interview her in English or test her on it we are ######...

I hope they pay attention to the hundreds of chats that we have in Spanish...but I doubt they are that competent.

Yeah don't worry about it man, some countries are tougher than others I suspect. There's just as many people in the US that speak Spanish as only English speaking. She will pick up English quick enough when she gets here. You may want to be there for the interview though, can't hurt.

[Fuji1978 33]

If he was told they were unable to issue the visa and no 221-g form was given, plus the comment about "you will receive a letter in the mail" all mean he was denied. The fact that CEAC status says "Administrative Processing" is normal, because when they deny K1, they send it back to the states and it will continue to say that until it gets entered in as "denied" which can take several months. To say that you need to wait for the reason for denial, you will have this person waiting forever. You will get no specific reason, the reason for denial was already given, " they don't believe the relationship is valid" As far as waiting to file I-130, you don't have to. The NOA2 on a I-129F petition is only valid for four months. Then it expires, meaning it's no longer an active petition. To successfully overcome the denial, he simply has to "convince" the CO on his next interview. Put together a solid case when filing, maintain meticulous correspondence with each other, and perhaps more visits. This is the only way to overcome, I'm going through the same ordeal. This process will test your patience and love, as well as the policies of US Immigration Law. Sadly, we can do nothing about these things except keep trying, or give up. This is the true love test.

[Pishi_Pishi 63]

My friend was denied and immediately said refused on CEAC

[Ebunoluwa 6,136]

This is what I would do :

Contact your senator asap (today !) and have him inquire about what exactly your status is. This may only take 2 weeks to get an answer.

Even though they won't respond to your emails, they have to respond to a senatorial inquiry. Once you have this answer you can then make

an informed decision to wait out AP or refile if the petition has indeed been returned to USCIS.

The reason is that the CO is not convinced you are a bona fide couple.

They will not tell you nor the senator the reason of why you are in AP, they may say mandatory security/background checks but that's it.

This looks to me as if you still have a 50/50 chance of getting approved.

Let us know what the senator says after he hears from them and then you can proceed to plan B or maintain the course to wait it out.

First things first.

Even if it takes several months, why start all over again with more expenses and a much longer process (12-18 months) for a CR1 without

understanding what exactly your current true status is. Pending AP or denied. What if you get married and shortly after come out of AP ?

That would really suck as you now added over a year to the process, so it's very important to know your true status and where your petition

is.

[nusshaf14 1]

Thank you guys so much. I guess there is no way of knowing when AP will be over. Hope and pray it ends soon so that I can move on.